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22.1.4.2 Out-of-State Property If a Medicaid member has property outside Wisconsin that would be subject to a lien if located in Wisconsin, provide the same data you would provide on Wisconsin property. Do not give a Notice of Intent to File a Lien. DHS may not file liens against out-of-state properties. However, ERP staff wants data on these cases to assist in negotiating lien agreements with other states. 22.1.4.3 Returns Home to Live or No Longer Owns the Home If, despite expectations, the resident is discharged from the nursing home or inpatient hospital, to return home to live or if the member no longer owns the home, the lien must be released. Notify the ERP. ERP staff will release the lien. 22.1.4.4 Change in Circumstances At review and other times, at local option, reexamine the circumstances of the member’s home. If conditions change such that a lien must be filed, complete a Notice of Intent to File a Lien. 22.1.4.5 Special Cases ERP staff applies special consideration for the following two case situations: 1. When a child (age 21 or older) of the member lives in the home, DHS is able to file a lien. It will not enforce the lien until that child moves or the home is sold if he or she: a. Lived in the home with the member for at least two years before the resident’s admission to the nursing home or hospital, and b. Assisted the parent such that he or she helped delay the member’s admission. 2. When a sibling of the member (other than a sibling described in SECTION 22.1.4.1 NOTICE OF INTENT TO FILE A LIEN) lives in the home, DHS is able to file a lien. It will not enforce the lien until that sibling moves or the home is sold if the sibling resided in the home for at least 12 months before the member’s admission to the nursing home or hospital. Alert the ERP when your member meets either of these two case situations. 22.1.4.6 Adjustment for Burial Trust DHS may adjust the amount of its lien to allow a member to use proceeds from the sale of the home to establish or supplement a burial trust. ERP staff will review each situation individually. Refer any questions regarding lien satisfaction amounts or lien releases to the ERP staff. 22.1.4.7 Administrative Hearing: Liens A member or his or her representative may request an administrative hearing if he or she feels the statutory requirements for imposing the lien have not been met. The IM agency attends the hearing to explain the decision to file the Notice of Intent to File a Lien. The only issue at the hearing will be whether the following requirements were satisfied: 1. The member has an ownership interest in a home. 2. The member resides in a nursing home or hospital. 3. The member cannot reasonably be expected to be discharged from the nursing home or hospital and return home to live.