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State of Maryland Medical Assistance Manual Revised July 2012 Section 1500 Frequently Asked Questions (FAQs) and Answers Liens, Adjustment and Recoveries

1. Claim against a recipient‟s income and/or resources are made by what division of DHMH?

The claim is made by the Division of Recoveries and Financial Services (Recoveries).

2.If any incident in which income, resources or other factor that could affect eligible have been unreported, reported in an untimely manner or erroneously reported, which form is used to report such incidents?

The Case Manager must report such incidents on the DHMH 4243, DHMH Office of the Inspector General (OIG).

3.What are the circumstances which the department has the right to make a claim against income and/or resources? As followed: A court order exists which permits the department to take such action.MA benefits have been paid pending an appeal hearing. A third party may be responsible for medical expenses as a result of a lawsuit or other legal action. The recipient is deceased and received MA benefits at 55 or over. A recipient voluntarily reimburses the Program for expenditures. Health insurance coverage is available to cover expenses paid by the Department. An institutionalized person owns real property against which a lien may be placed.

4. Should the Department impose a lien on the home of an institutionalized person if any of the following relatives reside in the home with the permission of the owner (or, if under guardianship, the permission of the owner‟s legal guardian)?

No, the department may not impose a lien in this situation.

5. Who should the LDSS refer all lien cases including those with out-of-State property to?

MACA