Friday, February 11, 2011

Court Reviews Whether the Bureau of TennCare Could Recover the Cost of Medical Assistance Provided to the Decedent

IN RE: ESTATE OF ARDELL HAMILTON TRIGG, DECEASED (Tenn. Ct. App. February 11, 2011)

The Bureau of TennCare filed a claim against a decedent's estate to recover the cost of medical assistance provided to the decedent. The Estate filed an exception to the claim. The probate court sustained the claim, and the Estate appealed the probate court's ruling to the circuit court which heard the matter de novo. The circuit court reversed the probate court and disallowed the claim of TennCare.

TennCare appeals; we hold that the circuit court was without subject matter jurisdiction to review the probate court's order. We vacate the judgment of the circuit court and remand the case.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/trigga_021111.pdf