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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…#
(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…#
(c) The department shall not recover funds from the lien when the individual has: (1) A surviving spouse; or (2) A surviving dependent child.