(b)__The value of any asset of the recipient, including the value of the primary residence, that passed to the surviving spouse and was later transferred by the spouse for the sole benefit of a child who is blind or permanently and totally disabled as defined in 42 United States Code, Section 1382c.

(2)__The amount of MaineCare benefits paid and recoverable under this subsection is a claim against the estate of the spouse or the estate of the child if that person received any asset for less than fair market value from the recipient while the recipient was receiving MaineCare benefits or from the estate of the recipient.

(3)__A claim under this paragraph is enforceable as to the value of the asset on the date the asset was received by the spouse or child, less any value actually transferred to the recipient.__The amount of the claim is not decreased by the fact that the asset has been lost, diminished, sold, encumbered, transferred or the title otherwise adversely affected after the date of receipt by the spouse or child.

C-2.__The department shall provide heirs, assignees or transferees of a deceased recipient an opportunity to pay a claim under this subsection through a voluntary payment arrangement that is acceptable to the department.__The payment arrangement may consist of a payment plan, promissory note or other payment mechanism.

D. Paragraph A, subparagraphs (2) and (3) apply only to a recipient who died on or after October 1, 1993 for MaineCare payments made on or after October 1, 1993.

E. A claim under paragraph A, subparagraph (2) must be waived if enforcement of the claim would create an undue hardship under criteria developed by the department or if the costs of collection are likely to exceed the amount recovered. A waiver may be granted in full or in part.__A waiver may not be granted if the recipient or waiver applicant acted to lose, diminish, divest, encumber or otherwise transfer any value of or title to an asset for the purpose of preventing recovery under this subsection.