Indiana Administrative Code
Title 405 - OFFICE OF THE SECRETARY OF FAMILY AND SOCIAL SERVICES
Article 2 - MEDICAID MEMBERS; ELIGIBILITY
Rule 10 - Lien Attachment and Enforcement
Section 10-3 - Criteria for instituting a TEFRA lien
Universal Citation: 405 IN Admin Code 10-3
Current through March 20, 2024
Authority: IC 12-15-1-10; IC 12-15-8.5
Affected: IC 12-15-3-6; IC 12-15-9
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.
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