Page 9

COMAR 10.09.24.15

1508

State of Maryland Medical Assistance Manual Revised July 2012 The person‟s sibling (full, half, step, or adoptive), who has an equity interest in the home and who was residing in the home for a period of at least one year immediately before the date of the institutionalized person‟s admission to a LTCF. (Equity interest in the home means co-ownership of the home which is not the result of a transfer of the property for less than the fair market value within two years prior to the person‟s institutionalization).

loading…

Page 9

Official source

COMAR 10.09.24.15

1508

State of Maryland Medical Assistance Manual Revised July 2012 The person‟s sibling (full, half, step, or adoptive), who has an equity interest in the home and who was residing in the home for a period of at least one year immediately before the date of the institutionalized person‟s admission to a LTCF. (Equity interest in the home means co-ownership of the home which is not the result of a transfer of the property for less than the fair market value within two years prior to the person‟s institutionalization).

(a)LDSS Lien Procedures#

(a) LDSS Lien Procedures

This section describes the procedures for determining if the Program may impose a lien on a person‟s home property and/or other real property. The procedures apply to all eligible persons residing in a LTCF who own an excluded home. The lien implementation process (if applicable) takes place after the eligibility determination process has been completed. The person must have been determined eligible for MA and own excluded home property in order for the CM to apply the lien procedures. Certification of the eligible person is discussed in STEP 6 of this section.

(b)Resource Evaluation#

(b) Resource Evaluation

Property which meets the definition of “home” must be identified to determine if the lien provision applies. Others residing in the person‟s home property must be identified to determine if the Program is restricted from imposing a lien on the home property because of its occupancy by a “specified relative.” If the institutionalized person‟s home property is subject to a lien, then the person‟s other real property is also subject to a lien. If the home property is not subject to a lien, then the person‟s other real property is not subject to a lien either.

The LDSS must refer all lien cases including those with out-of-State property to MACA.

(c)Lien Procedures#

(c) Lien Procedures

When the resource evaluation revealed that the eligible institutionalized person owns excluded home property, follow the procedures detailed below:

STEP 1 Complete Part 1 of DHMH Form 1159C, Lien Worksheet. On the worksheet, classify all real property that the person owns as either “home property” or “other real property”.

STEP 2 Complete DHMH Form 4244 (LTC), Explanation of Lien. Give the original copy of the form to the person or the person‟s representative. An additional copy is provided as needed. Explain the following points: