HAR §17-1705-56. Limiting provisions

(a) No liens or encumbrances shall be imposed upon both real and UNOFFICIAL 1705-18 personal property of applicants or recipients prior to their deaths except under the circumstances described in section 17-1705-53 or 17-1705-57. (b) No adjustment or recovery shall be made for correctly made medical assistance payments, except in the case of the following: (1) Individuals in nursing facilities, intermediate care facilities for the mentally retarded, or other medical institutions for all individuals on or after October 1, 1993; or (2) Benefits paid on or after October 1, 1993 for individuals age fifty-five or older at the time services were received. (c) Adjustments or recovery under subsection (b) can be made only after the death of the surviving spouse, if any, and when there is no surviving child who is under twenty-one years, or child who is blind or disabled as defined in chapter 17-1719. (d) Adjustment or recovery, if any, shall be from the deceased recipient's estate or upon the sale of property subject to lien imposed under section 17-1705-57. (e) Recovery may be waived due to hardship for the period the following conditions exist: (1) The estate subject to recovery is the sole income-producing asset of the survivors and the following conditions are met: (A) The estate is a family farm or other family business; (B) The income produced by the asset is not greater than one hundred per cent of the federal poverty guidelines for the number of survivors solely dependent on such asset. (2) The estate is a homestead of modest value that is occupied by survivors who meet the following conditions: (A) Lawfully resided in the home for a continuous period that started at least three months immediately before the recipient's admission to a medical institution and provided care to the recipient during that period that allowed the recipient to reside at home rather than in an institution and has continuously lived in the home since the admission; UNOFFICIAL 1705-19 (B) Do not own any real property other than an interest in the home; and (C) Have income not greater than one hundred per cent of the federal poverty limit. [Eff 08/01/94; am 01/29/96; am 11/25/96; am 09/30/13] (Auth: HRS §346-14) (Imp: HRS §346-37; 42 C.F.R. §433.36; 42 U.S.C. §1396p) §17-1705-57 Liens on real property of institutionalized individuals. (a) A lien may be placed on the real property of a medically institutionalized individual for the amount of medical assistance received, after a determination by the department that the individual cannot reasonably be expected to be discharged from the medical institution and returned home. (b) A lien may not be placed on the home property of a medically institutionalized individual if any of the following individuals are lawfully residing in the home: (1) The individual's spouse; (2) The individual's dependent child; or (3) The individual's sibling who has an equity interest in the home and who was residing in the home for a period of at least one year prior to the individuals admission to the medical institution. (c) The department shall not recover funds from the lien when the individual has: (1) A surviving spouse; or (2) A surviving dependent child. (d) The department shall not recover funds from the lien when the individual has: (1) A sibling who was residing in the home for a period of at least one year immediately before the individual's admission to the medical institution; or (2) A non-dependent child who was residing in the home for a period of at least two years immediately before the individual's admission to the medical institution and who provided care to the individual that allowed the individual to reside at home rather than in an institution; who has lawfully resided in the home on a continuous basis as a sole residence, without interruption or break, UNOFFICIAL 1705-20 since the date of the individual's admission to the medical institution. (e) Any lien imposed with respect to this section shall be dissolved upon the individual's discharge from the medical institution and return home. [Eff 01/29/96; am 11/25/96 ] (Auth: HRS §346-14) (Imp: HRS §§346-29.5, 346-37; 42 C.F.R. §433.36; 42 U.S.C. §1396p) §