53-1-412. Collections from estates. (1) The department has a claim against the estate of a resident and against the estate of a financially responsible person for the amounts that the department determined that the resident or financially responsible person was able to pay under 53-1-405, less any amounts actually paid by the resident, a financially responsible person, or a third party.
(2) The fact that a managed care organization contracting with the department to administer a mental health managed care program is or may be liable to pay or has paid an amount to an institution with respect to the resident does not reduce or otherwise affect the estate's obligation to pay for the cost of care as provided in this part.
(3) Except as provided in subsection (4), the department's claim under this section is enforceable against an estate after the death of a resident or financially responsible person. The department's claim is timely if presented within the time specified in the published notice to creditors in the probate proceeding.
(4) The department's claim under subsection (1) may be enforced only to the extent that enforcement does not deprive a surviving spouse or dependent child or parent of the resident or financially responsible person of:
(a) an amount necessary for reasonable living expenses or educational expenses; or
(b) real estate while it is occupied as a home by the surviving spouse or dependent child or parent of the resident or financially responsible person.