(1) Unless otherwise required by the United States Social Security Act, 42 USC Section 1396p(b), the State of Mississippi or any agency or instrumentality of the state, shall not be considered a creditor of, and may not seek repayment for any Medicaid benefits provided to, a designated beneficiary from a Mississippi ABLE account that is established under this chapter or its proceeds.
(2) Unless otherwise required by the United States Social Security Act, 42 USC Section 1396p(b), a Mississippi ABLE account established under this chapter or funds distributed from a Mississippi ABLE account established under this chapter upon the death of a qualified beneficiary shall not be considered part of the “estate” of the beneficiary as that term is used in Section 43-13-317.
(3) The Mississippi ABLE Coordinator shall assist and cooperate with the appropriate health care administration agency and the Division of Medicaid in other states which have provided services to a Mississippi ABLE account beneficiary, by providing the agency and divisions with the information needed to accomplish the purpose and objective of this section.