Liens And Estate Recovery: Definitions

01. Adequate Consideration. An act, object, services, or other benefit which has a tangible and/or intrinsic value that is equivalent to or greater than the fair market value of the transferred asset. (7-1-26) 02. Authorized Representative. The person appointed by the court as the personal representative in a probate proceeding or the person identified by the participant to receive notice and make decisions on estate matters. (7-1-26) 03. Discharge From a Medical Institution. A medical decision made by a competent provider that the participant no longer needs nursing home care because the participant's condition has improved, or the discharge is not medically contraindicated. (7-1-26) 04. Home. The dwelling in which the participant has an ownership interest, and which the participant occupied as their primary dwelling prior to, or subsequent to, their admission to a medical institution. (7-1-26) 05. Institutionalized Participant. An inpatient in a NF, ICF/IID, or other medical institution, who is a Medicaid participant subject to post-eligibility treatment of income in IDAPA 16.03.05. (7-1-26) 06. Lawfully Residing. Residing in a manner not contrary to or forbidden by law, and with the participant's knowledge and consent. (7-1-26) 07. Permanently Institutionalized. An institutionalized participant of any age who the Department has determined cannot reasonably be expected to be discharged from the institution and return home. Discharge refers to a medical decision made by a competent provider that the participant is physically able to leave the institution and return to live at home. (7-1-26) IDAHO ADMINISTRATIVE CODE IDAPA 16.03.26 Department of Health & Welfare Medicaid Plan Benefits Section 982 Page 184 08. Personal Property. Any property that is not real property, including cash, jewelry, household goods, tools, life insurance policies, boats, and wheeled vehicles. (7-1-26) 09. Real Property. Any land, including buildings or immovable objects attached permanently to the land. (7-1-26) 10. Residing in the Home on a Continuous Basis. Occupying and continuing to occupy the home as the primary residence. (7-1-26) 11. Termination of a Lien. The release or dissolution of a lien from property. (7-1-26) 12. Undue Hardship. Conditions that justify waiver or deferral of all or a part of the Department's claim against an estate. (7-1-26) 13. Undue Hardship Waiver. A decision made by the Department to relinquish, limit, or defer its claim to any or all estate assets of a deceased participant based on good cause. (7-1-26)