02-Jun-2008

The Court of Appeals in Tennessee has recently ruled that Tenncare is subject (like all other creditors) to a one year statute of limitations in making a claim against an estate. Therefore, if someone has used Tenncare in their lifetime and Tenncare is entitled to recovery upon their death, the state has one year from the date of death to file the claim against the estate. If the state fails to file the claim within one year from the date of death, then Tenncare is barred from recovery.

We will keep an eye on this issue to see if this case goes to the Tennessee Supreme Court.