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COMAR 10.09.24.15

1513

State of Maryland Medical Assistance Manual Revised July 2012 The Division of Recoveries will take the appropriate action to impose a lien on home property, including out of State property, and notify the person (or representative) and the LDSS using DHMH Form 4249 (LTC), Notice of Lien Imposition, of the action.

In addition, via DHMH Form 4242, Lien Memorandum, the Division of Recoveries will notify the LDSS of the details of the sale of a property on which a lien has been imposed, including the amount recovered, and the amount remaining, if any, so that the LDSS can make a determination of continued eligibility.

1500.13 Termination of a Lien Based on Discharge from a Long Term Care Facility (LTCF)

Any lien imposed against a person‟s property must lift if the person is discharged from a LTCF and returns to his/her home property. The LDSS must determine that the person has in fact returned to his/her home property. This applies only to a person who has been discharged from an LTCF and who returns to his/her property for permanent residence.

The LDSS must notify MACA, Division of Recoveries, via the DHMH Form 4242, Lien Memorandum, when an institutionalized person has been discharged from a LTCF and resumes permanent residence in his/her home property. The memorandum must include the person‟s date of discharge, the home address and telephone number and the name, address, and telephone number of a contact person. The Division of Recoveries will process termination of the lien. If the person is discharged to a residence other than his/her home property, the lien will not be lifted.

1500.14 Treatment of Home and Other Real Property upon Discharge from an Institution

When a person is permanently discharged from an LTCF, a redetermination of eligibility is required. As part of that redetermination, the LDSS must reevaluate the home property in relation to the person‟s non-institutional status, (Regulation .08) and make a complete determination relative to the person‟s continued eligibility.

In relation to the lien provision, if the former institutionalized person did not resume living in the home property, the lien will not be lifted. If the person did resume living in the home property, the lien will be lifted.