A nurse gets an F&A in April 2002 for HIV. She dies in May 2007. A death case may be filed within how long?

A nurse gets an F&A in April 2002 for HIV. She dies in May 2007. A death case may be filed within how long?

• A. Six months from date of death
• B. One year from date of death
• C. Two years from date of death
• D. One year from HIV diagnosis

Answer: (B)

The key idea is the filing deadline for a death case in this context: it must be filed within one year of the date of death. The starting point is the death date, not the diagnosis date or the date the illness began. So, even though the HIV diagnosis occurred earlier, the death case must be filed by May 2008 (one year after the May 2007 death). If the claim isn’t filed by then, it would be time-barred.

The key idea is the filing deadline for a death case in this context: it must be filed within one year of the date of death. The starting point is the death date, not the diagnosis date or the date the illness began. So, even though the HIV diagnosis occurred earlier, the death case must be filed by May 2008 (one year after the May 2007 death). If the claim isn’t filed by then, it would be time-barred.