The Department shall adopt rules pursuant to Chapter 150B of the General Statutes
governing the eligibility of beneficiaries for State medical assistance and State-County
Special Assistance, and to supplement and expand upon the general requirements set
forth in this Chapter, including, but not limited to, rules that may be more restrictive
than the general requirements of this Chapter. With respect to Medicaid Pooled Trusts, a subaccount is irrevocable. The State shall be paid an amount up to the total medical assistance paid on behalf
of the beneficiary by the Department from funds remaining in the individual trust
subaccount upon the death of the beneficiary or termination of the trust as described
in this Chapter. If the pooled trust is to be funded with the proceeds of a settlement of a lawsuit
against a third party, the settlement proceeds are subject to the Department's subrogated
rights of recovery as set forth in G.S. 108A-57, and all such subrogated rights of recovery shall be satisfied in full prior to execution
and judicial approval of the trust, or both.
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