(a) The Medicaid Agency may file a claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on behalf of the recipient, but only as allowed by 42 U.S.C. §1396p, except that the agency shall not file a claim that includes medical assistance payments made at any time for Medicare cost-sharing or for benefits under the Medicare Savings Programs described in 42 U.S.C §1396a(a)(10)(E). (b) The claim shall be filed pursuant to Article 15 of this chapter, unless otherwise provided by law. The claim shall be filed with an affidavit stating the amount the Medicaid Agency spent and the time period in which the amount was spent. The affidavit shall be completed by the Commissioner of Medicaid or a designee. The affidavit shall be competent evidence of the claim and shall be prima facie genuine and authentic when signed by the commissioner or a designee. (c) This section shall apply prospectively.
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