Tenncare Estate Recovery, New Statute of Limitations

TCA 30-2-310 was amended effective April 7, 2021.

Tennessee Code Annotated, Section 30-2-310, is amended by adding the following as new subsection (c):

(c) Notwithstanding subsections (a) and (b), § 71-5-116, and §§ 30-2-30630-2-309:

(1) If the bureau of TennCare receives a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent’s date of death, then the bureau’s claims and demands against the decedent’s estate are forever barred unless the bureau files a claim with the probate court clerk or brings or revives suit within the later of:

(A) Twelve (12) months from the decedent’s date of death; or
(B) Four (4) months from the date when the bureau received the notice to creditors.

(2) If the bureau of TennCare does not receive a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent’s date of death, then the bureau’s claims and demands against the decedent’s estate are forever barred unless the bureau files a claim with the probate court clerk or files a petition to open or re-open a decedent’s estate within forty-eight (48) months of the decedent’s date of death.
(3) If a claim is not filed by the bureau of TennCare pursuant to subdivision (c)(1) or (c)(2), then the requirements of § 71-5-116(c)(2) do not apply.

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