Tag Archives: repay

Supreme Court: TennCare Can Seek Payback After Recipient Dies

News release from Administrative Office of the Courts:
The Tennessee Supreme Court today held that current state law permits the Bureau of TennCare to obtain reimbursement for services provided to a deceased TennCare recipient from real property owned by the recipient at the time of death and left to family members in a will.
After the TennCare recipient died in 2006, her estate filed her will in the Putnam County Probate Court. In response to the notice to creditors, the Bureau of TennCare filed a claim for $22,319 for nursing home and long-term care services provided to the recipient before her death. The recipient’s estate objected to the claim.
After the probate court overruled the objection, the estate appealed to the Circuit Court for Putnam County. The circuit court decided that federal and state law did not allow TennCare’s claim. The Tennessee Court of Appeals vacated the circuit court’s order after finding that the circuit court did not have jurisdiction over the estate’s appeal. The estate requested the Tennessee Supreme Court to review the Court of Appeals’ decision.
After considering the parties’ briefs and oral arguments, the Court found that the circuit court should have transferred the estate’s appeal to the Court of Appeals. It also found that the Court of Appeals should have considered the estate’s appeal rather than simply vacating the circuit court’s order and sending the case back to the probate court.
In a unanimous opinion, the Supreme Court determined that both federal law and state law permit the Bureau of TennCare to obtain reimbursement for services provided to a deceased TennCare recipient. The Court held that this reimbursement may come from the recipient’s personal property and from any real property that Tennessee law permits to be used to pay the debts of the deceased recipient or of the deceased recipient’s estate.
To read the opinion authored by Justice William C. Koch, Jr., visit http://www.tncourts.gov/sites/default/files/trigg.opn_.pdf.
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Duncan III, Employees to Refund $40,000 in Bonuses

Knox County Trustee John Duncan III and a half dozen of his employees have agreed to pay back more than $40,000 in incentive payments for participating in a government-related program that they never completed, reports Mike Donila.
Duncan told the News Sentinel on Monday he hasn’t resolved all the details, but some of his workers will ma one-time payments for as much as $6,000 and others “may need extra time to make monthly installments.”
“I believe returning the payments will erase any concerns some may have about our intentions to serve the peop of Knox County with the utmost integrity and respect for their hard-earned tax dollars,” he said in a released statement.
The announcement came late Monday, several hours after he met with Commissioner R. Larry Smith who had asked Knox County Commission last week to look into the bonuses.
“I was real pleased,” said Smith. “I still want to talk about some of the other issues that are out there, and I think there are things that the taxpayers need to know, like who gets to take the class and how they’re paid. But the discussion (at next Tuesday’s commission meeting) isn’t going to be nearly as long.”
The trustee first gave himself and six other employees each a $3,000 education bonus — most of it tied to the University of Tennessee County Technical Assistance Services, or CTAS, program — in December 2010, three months after taking office. None of the employees were certified.