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UPDATED: JANUARY 2012

685.1

OTHER ELIGIBILITY REQUIREMENTS RECOVERIES

LIENS

Liens and Qualified Partnership Policyholders

The extent to which liens may be imposed and recoveries pursued with respect to Medicaid recipients who are Qualified Partnership Policyholders (QPPs) depends on the type of plan chosen by the QPP.

Total Asset Protection Plans (TAP) - No liens may be imposed against the real property of a permanently institutionalized individual who is a TAP QPP nor may recoveries be made from the estate of a TAP QPP.

Dollar-for-Dollar Asset Protection (DDAP) Plans - Since homes of DDAP QPPs must be evaluated for their exempt/countable status, a lien shall be placed on the real property of the permanently institutionalized individual DDAP QPP in an amount equivalent to his/her unprotected resources, if any.

Real Property Post Death Lien

If not otherwise prohibited (as described above), a post death lien may be placed on real property that passes outside the probate estate to a joint owner, heir, dependent or survivor to secure their obligation to pay the Medicaid estate claim up to the value of the property received. Such liens should be imposed against real property as soon as practicable after the individual’s death to put mortgage lenders and prospective purchasers of the property on notice of the Medicaid program’s claim against the property.

Notices

• “Informational Notice to Institutionalized Individuals with Real Property” is provided to the individual at the time of application. • LDSS 4466 “Notice of Intent to Impose a Lien on Real Property” is provided when the district has determined that a lien will be filed on specified real property. • “Notice of Medical Assistance Lien” is a sample notice of lien that may be adapted for purposes of filing a SSL Section 369 lien against real property.

MRG