(b) Explanation of Lien
Under certain circumstances, the Department may impose a lien on the excluded home and other real property of an institutionalized person including that which is located out of State. (Refer to Chapter 8, Policy Alert, and Evaluation of the Home Property of the Institutionalized Person). A lien is a claim on the property of a person as security for the payment of a debt. The lien enables the Program to recover Program expenditures for medical expenses paid on behalf of the person when property is sold.
The lien provision applies to excluded home property of an eligible institutionalized person. If a lien applies to the home property, it also applies to the following other real properties:
1. Other real property which meets the $6,000/6% equity value exclusion; 2. Non-excluded real property the value of which, together with other countable resources, is within the applicable resources standard; and 3. Real property which is deeded as Tenancy by the Entireties. Tenancy by the Entireties means:
o Each owner has an undivided, one- half share of the property; o Only the entire interest may be transferred to a third party;
