New Jersey § 30:4d-7

§ 30:4d-7.

a. (1) A lien may be filed against and recovery sought from the estate of a deceased

recipient for assistance correctly paid or to be paid on his behalf for all services

received when he was 65 years of age or older, except as provided in section 1 of

P.L.1981, c. 217 ( C.30:4D-7.2a ). (2) In the case of a recipient who became deceased on or after April 1, 1995 for whom

a Medicaid payment was made on or after October 1, 1993, a lien may be filed against

and recovery sought from the estate of the deceased recipient for assistance correctly

paid or to be paid on his behalf for all services received when he was 55 years of

age or older, except as provided in section 1 of P.L.1981, c. 217 ( C.30:4D-7.2a ). (3) As used in this section, “ estate ” includes all real and personal property and other assets included in the recipient's

estate as defined in N.J.S.3B:1-1 , as well as any other real and personal property and other assets in which the recipient

had any legal title or interest at the time of death, to the extent of that interest,

including assets conveyed to a survivor, heir or assign of the recipient through joint

tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement. “Estate” shall not include amounts received as reparations or restitution for the

loss of liberty or damage to health by the victims of National Socialist persecution;

returns of tangible or intangible property seized, misappropriated or lost as a result

of National Socialist actions or policies and any cash values in replacement of such

property; payments of insurance policies purchased by the victims of National Socialist

persecution; and any accumulated or accrued interest on such amounts. National Socialist actions or policies include, but are not limited to, actions

and policies taken by Germany and other countries, or by organizations and institutions

within those countries, against the victims of the Nazi Holocaust. b. A lien may be filed by the division against a third party's property, whether real

or personal, or against any interest or estate in property, whether vested or contingent. Subject to section 6 of P.L.1979, c. 365 ( C.30:4D-7.1 ), any third party recovery obtained by the division under this subsection shall not

be reduced by any counsel fees, costs, or other expenses, or portions thereof, incurred

by the recipient or the recipient's attorney. c. A certificate of debt may be filed by the division against such parties and in

such a manner as is specified in subsection (h) of section 17 of P.L.1968, c. 413

( C.30:4D-17 ). d. (1) A lien, claim or encumbrance imposed by this act shall be deemed a preferred

claim against the recipient's estate and shall have a priority equivalent to that

under subsection d. of N.J.S.3B:22-2 . (2) In the case of a recipient who became deceased on or after the effective date

of P.L.1995, c. 289, a lien, claim or encumbrance imposed pursuant to this section shall be deemed a preferred

claim against the recipient's estate and shall have a priority equivalent to that

under subsection c. of N.J.S.3B:22-2 .