Current through Register Vol. 43, No. 02, November 27, 2024
(1) The Alabama
Medicaid Agency ("Agency") will place a lien and may foreclose upon real
property of the following recipients to the extent allowed by
42
U.S.C. §1396p:
(a) Permanently Institutionalized Recipients
of any age who are inpatients in a nursing facility, ICF/IID, or other medical
institution, and who must, as a condition of receiving services in the
institution under the State plan, apply their income (all but a minimal amount
allowed for personal needs) to the cost of care. (See Chapter 28 for a copy of
the form to be used.)
(b) The
Agency may not impose a lien on such recipient's home if:
1. The recipient's spouse is residing in the
home;
2. The recipient's child
under age 21 is residing in the home;
3. A child who is blind or permanently and
totally disabled, as defined in
42
U.S.C. §1382c, of the recipient is
residing in the home; or
4. A
sibling of the recipient who has an equity interest in the home is currently
living in the home and has been residing continuously in the home for at least
one year immediately before the date of the recipient's admission to the
institution.
(2) Delayed Recovery/Exemptions
(a) Adjustment or recovery of a lien on a
recipient's home can only be made after the death of the recipient's surviving
spouse, if any, and:
1. there is no sibling
of the recipient residing in the home, who has resided there for at least one
year immediately before the date of the recipient's admission to the
institution, and has resided there on a continuous basis since that time;
OR
2. there is no son or daughter
of the recipient residing in the home, who has resided there for at least two
years immediately before the date of the recipient's admission to the
institution, has resided there on a continuous basis since that time, and can
establish to the Agency's satisfaction that he/she has been providing care
which permitted the recipient to reside at home rather than in an
institution.
(3) Procedures - Unless otherwise specified
in this rule, the lien will become due, payable, and enforceable in accordance
with federal and state law upon sale or transfer of the property, or upon death
of grantor.
Author: Keith Thompson, Director, Third Party
Liability
Statutory Authority: Social Security Act
§1917b;
42
U.S.C. §1396p; State Plan;
42 C.F.R.
§433.36; Code of Ala.
1975, §§
22-1-11,
22-6-8, 33-11-1, et seq.
