loading…
loading…
COMAR 10.09.24.01-.16 1733 State of Maryland Medical Assistance Manual Revised July 2012
.15 Liens, Adjustments, and Recoveries.
A. Definitions. In this regulation, the following terms have the meanings indicated:
(1) "Dependent" means a:
(a) Child of the decedent, or the decedent's descendants; (b) Sibling, including half or step, of the decedent; or (c) Parent of the decedent, or the decedent's ancestors.
(2) "Discharge from a long-term care facility and return home" means the release of a person from that facility for the purpose of returning to the home for permanent residence.
(3) "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 2 years before institutionalization.
(4) "Estate" means all real and personal property and other assets included within an individual's estate, as defined for purposes of State probate law.
(5) "Group health plan" means any plan, including a self-insured plan, of or contributed to by an employer to provide health care, directly or otherwise, to the employer's employees, former employees, or their families.
(6) "Incorrect payment of benefits" means payment of benefits to which a recipient is not entitled.
(7) "Lawfully residing in the home" means residing in the home with the permission of the owner or, if under guardianship, the owner's legal guardian.
(8) "Real property" means property which is fixed or immovable, such as land or a building.
(9) "Residing in the home on a continuous basis" means using the home as the principal place of residence.
(10) "Substantial hardship" means the Department's estate claim will result in the sale or transfer of the real property owned by the decedent and that the sale or transfer will result in the removal from the property of a dependent who:
(a) Resided in the property on the date of the decedent's death;