405 IAC 2-10-3 Criteria for instituting a TEFRA lien

Sec. 3. (a) When the office in accordance with 42 U.S.C. 1396p determines that a Medicaid member who resides in a medical institution cannot reasonably be expected to be discharged and return home, the office may attach a lien on the Medicaid member's real property subject to the provisions of this rule and IC 12-15-8.5. (b) The office may not obtain a lien on the member's home if any of the following people lawfully reside in the home of the institutionalized member: (1) The member's spouse. (2) The member's child who is less than twenty-one (21) years of age, blind, or disabled as defined in 42 U.S.C. 1382c. (3) The member's sibling who: (A) was residing in the member's home for a period of at least one (1) year immediately before the member's institutionalization; and (B) has an ownership interest in the home. (4) The member's parent.