(a) Contents of MERP Recovery Claim. The MERP claim will be presented to the estate personal representative (executor, administrator, or guardian) or filed by depositing it in the appropriate Probate Court and will include the amount of the claim, the date or dates of the covered Medicaid services provided, and a statement that to MERP's best knowledge the deceased Medicaid recipient had:
  (1) No surviving spouse;
  (2) No surviving child under age 21;
  (3) No surviving child of any age who is blind or disabled as defined by 42 U.S.C. §1382c;
  (4) No unmarried adult child residing continuously in the decedent's homestead for at least one year prior to the time of the Medicaid recipient's death; and
  (5) That to the best knowledge of the MERP no undue hardship, as defined by these rules, exists and that recovery will be cost-effective.
(b) A Medicaid Estate Recovery (MERP) claim will be filed within 70 days after MERP has actual notice of the death of a Medicaid recipient aged 55 years or older who received covered long-term care services.

Source Note: The provisions of this §373.205 adopted to be effective March 1, 2005, 30 TexReg 830