Page 258

UPDATED: JANUARY 2012

685

OTHER ELIGIBILITY REQUIREMENTS RECOVERIES

LIENS beyond the institutionalized individual's control.

NOTE: A lien may be imposed on a mobile home only if the mobile home is on land owned by the institutionalized individual, and the mobile home has been permanently affixed to the land (e.g., a basement, foundation, or other immovable structure ties the mobile home to the land).

• Against any asset(s) of the recipient including those that pass directly upon the recipient’s death to individuals other than a surviving spouse or minor child, or blind or disabled child during the lifetime of the surviving spouse, or at any time when the recipient has a surviving child who is under age 21 or a child of any age who is certified blind or certified disabled.

• Against the income, resources and property belonging to an American Indian or Alaskan Native.

• Against government reparation payments paid to special populations.

• Against Workers’ Compensation, volunteer firemen’s benefits, Social Security, SSI or other such benefits.

• Against the recipient’s personal injury action that was filed against a nursing home. This prohibition runs for the lifetime of the recipient.

• Against the personal account of a veteran who died in a Veteran’s Administration (VA) nursing facility. If a veteran was transferred from a non-VA facility to a VA facility (e.g. a VA hospital) for treatment and died while in the VA facility no recovery from the personal account maintained by the non-VA facility is pursued. Similarly if the VA contracted for the care of a veteran in a private nursing facility at VA expense recovery is not sought from the personal account maintained by the private nursing facility.

• Against payments made through the Office of Mental Health Comprehensive Outpatient Program (COPs).

If the prohibited period ends (e.g., the spouse dies or a minor child reaches the age of 21) or in the case of a decedent’s home, the sibling or adult child no longer resides in the home or the property is to be sold, a recovery can then be pursued. MRG