TN AG Opinion: Notice to Bureau of TennCare re: Medicaid/Medicare Benefits Due to Separation Asset Division

Tennessee Attorney General Opinion No. 08-31, February 20, 2008
(Notice to Bureau of TennCare re: Medicaid/Medicare Benefits Due to Separation Asset Division)

Questions:

1. In any case seeking a divorce or legal separation in which the disabled spouse has a conservator and is receiving either Medicare/Medicaid benefits, is notice to the Bureau of
   TennCare required as a prerequisite to granting relief?
2. In cases seeking a divorce or legal separation involving a disabled spouse but where court filings lack information as to whether or not the disabled spouse is receiving TennCare benefits, is notice to the Bureau of TennCare a prerequisite to the maintenance of such complaints?
3. When notice has been provided to TennCare but plaintiff fails to enumerate grounds for divorce or separation pursuant to Tenn. Code Ann. §36-4-102, is there a basis for granting relief under this statute?

Opinions:

1. No. In cases seeking a divorce or legal separation there is no statutory requirement of notice to the Bureau of TennCare as a prerequisite to granting relief to the disabled spouse already receiving TennCare benefits.
2. No. In any case seeking a divorce or legal separation there is no statutory requirement of notice to the Bureau of TennCare as a prerequisite to the maintenance of such complaints when information is lacking about whether or not the disabled spouse is receiving TennCare benefits.
3. While courts are given broad discretion in granting relief in divorce/separation matters, Tenn. Code Ann. §36-4-102 requires that a complaint requesting an order granting legal
   separation must set forth grounds for such relief pursuant to Tenn. Code Ann. §36-4-101. Further, if the other party objects to legal separation, the party seeking such relief must establish grounds under Tenn. Code Ann. §36-4-101.