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HomeMy WebLinkAbout963223STATE OF WYOMING ss. COUNTY OF LARAMIE AFFIDAVIT FOR COLLECTION OF CLAIMS OF CERTAIN CREDITORS OF DECEDENT PURSUANT TO WYOMING STATUTE 2 -1 -204 1 00228 RECEIVED 2/14/2012 at 10:10 AM RECEIVING 963223 BOOK: 781 PAGE: 228 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY I, Sheila McInerney, Recovery Manager, State of Wyoming, Department of Health, Office of Health Care Financing, being first duly sworn, on oath depose and state that I am making this affidavit pursuant to Wyoming Statute 2 -1 -204, on behalf o f the State of Wyoming, Department of Health, Office of Medicaid, as a creditor of the decedent's estate, and that I make the following statements in connection therewith: 1. That Jerry Gray became deceased on 8 -22 -2011, and was a resident of Lincoln County, State of Wyoming at the time of death; that the decedent died intestate; that the decedent left no surviving spouse; that the sole and only party entitled to the estate of the decedent is the Department of Health, Office of Medicaid, as hereinafter named. 2. That the value of the estate, wherever located, does not exceed $150,000.00. 3. That more than ninety days have elapsed since the death of the decedent. 4. That no application for the appointment of a personal representative of said decedent is pending or has been granted in any jurisdiction. 5. That to the best of my knowledge no affidavit pursuant to Wyoming Statute 2 -1- 201, in connection with the decedent, has been presented to any party identified in that section. 6. This creditor's claim is presented on the following facts: a. That Jerry Gray received medical assistance pursuant to Title XIX of the Social Security Act, as amended, and the Wyoming Medical Assistance and Services Act, as amended, in the amount of Four Thousand Eight Hundred Thirty -One Dollars and Sixty -One Cents ($4,831.61), such care being provided by Lincoln County Public Health Nurse and Star Valley Hospital in Afton, Wyoming and by other providers on file with the Department of Health. b. That Jerry Gray was a "recipient" as defined by applicable Medicaid law. c. That Jerry Gray was age fifty -five (55) or older when he received $4,831.61 of such reimbursable medical assistance for nursing facility services, home and community -based services, related hospital and prescription drug services, and any items under the Wyoming State Plan. That Jerry Gray was an inpatient in a nursing facility, intermediate care facility, or other medical institution when he /she received $4,831.61 of such reimbursable medical assistance. 7. That by presentation of this affidavit, the State of Wyoming, Department of Medicaid: a. Waives any immunity from suit or levy of execution it might otherwise have; b. Agrees to indemnify and hold harmless from all claims whatsoever any party delivering assets on the basis of such affidavit, to the extent of the full value of the assets so delivered; and, c. Agrees to be answerable and accountable to a personal representative of the estate, if appointed, or to any other person or party having a superior right. 8. That the following named creditor is the sole and only party entitled to the estate of the decedent, that there are no other distributees of the decedent having a right to succeed to any of the property of the decedent under probate proceedings, and that therefore the following named claiming creditor is entitled to payment or decedent's property: Wyoming Department of Health, Office of Health Care Financing. 9. That the original of this affidavit is being filed of record with the County Clerk of Lincoln County, Wyoming, in accordance with Wyoming Statutes 2- 1- 204(b) and 2- 1- 201(c), as amended. Executed at Cheyenne, Wyoming, this day of STATE OF WYOMING DEPARTMENT OF HF_.AE.TH OFFICE OF HEALTH CARE FINANCING Signed: q'_ By Sheila McInerney Recovery Manager Wyoming Office of Medicaid 6101 Yellowstone Road, Suite 210 Cheyenne, Wyoming 82002 (307) 777 -7531 Subscribed and sworn to before me by Sheila McInerney, Recovery Manager, for the State of Wyoming, Department of Health, Office of Health Care Financing, this day of T i, 20 0- My commission expires: WITNESS my hand and official seal. 4 NOTAIRfr PUBLIC 7 GCg„ 20 hyAnn Bausch Notary Public County of t iFa'N W Wyoming Laramie y 9 My Commission Expires July 5, 2015 00229