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COMAR 10.09.24.01-.16 1735 State of Maryland Medical Assistance Manual Revised July 2012
(4) Termination of a Lien. Any lien imposed on a person's real property under §A-2(2) of this regulation will dissolve if the person is discharged from a long-term care facility and returns to the home.
(5) Delay in the Imposition of a Lien.
(a) When the imposition of a lien against a person's property is delayed because of the person's mental incompetence, eligibility may be granted pending the appointment of a legal representative for the person.
(b) The effective date of the lien shall be the date eligibility was granted. A-3. Adjustments and Recoveries. (1) The Department shall seek recovery of Medical Assistance benefits correctly paid:
(a) From the estate of any individual who was 55 years old or older when the individual received Medical Assistance benefits; and
(b) From the estate or upon sale of the property on which a lien was imposed and which was owned by an individual described under §A-2(2) of this regulation.
(2) The Department shall seek recovery under §A-3(1) of this regulation of Medical Assistance benefits correctly paid only:
(a) After the death of the person's surviving spouse; (b) When the individual has no surviving child as defined in Regulation .02B of this chapter; (c) When the person has no surviving son or daughter who is blind or disabled as defined in Regulation .05D and E of this chapter; and
(d) In the case of liens imposed on a person's home under §A-2(2) of this regulation, when there is no:
(i) Sibling of the person lawfully residing in the home, who has resided there for a period of at least 1 year immediately before the date of the person's admission to a long-term care facility and who has lawfully resided there on a continuous basis since that time, or
(ii) Son or daughter of the person lawfully residing in the home, who has resided there for a period of at least 2 years immediately before the date of the person's admission to a long-term care facility, who has lawfully resided there on a continuous basis since that time, and who can establish to the Department's satisfaction that he or she provided the care that permitted the person to reside in the home rather than in the facility.