Haw. Code R. § 17-1705-57 - Liens on real property of institutionalized individuals

(a) A lien may be placed on the real property of a medically institutionalized individual for the amount of medical assistance received, after a determination by the department that the individual cannot reasonably be expected to be discharged from the medical institution and returned home.

(b) A lien may not be placed on the home property of a medically institutionalized individual if any of the following individuals are lawfully residing in the home:

(1) The individual's spouse;

(2) The individual's dependent child; or

(3) The individual's sibling who has an equity interest in the home and who was residing in the home for a period of at least one year prior to the individuals admission to the medical institution.

(c) The department shall not recover funds from the lien when the individual has:

(1) A surviving spouse; or

(2) A surviving dependent child.

(d) The department shall not recover funds from the lien when the individual has:

(1) A sibling who was residing in the home for a period of at least one year immediately before the individual's admission to the medical institution; or

(2) A non-dependent child who was residing in the home for a period of at least two years immediately before the individual's admission to the medical institution and who provided care to the individual that allowed the individual to reside at home rather than in an institution;

who has lawfully resided in the home on a continuous basis as a sole residence, without interruption or break, since the date of the individual's admission to the medical institution.

(e) Any lien imposed with respect to this section shall be dissolved upon the individual's discharge from the medical institution and return home.

Notes

Haw. Code R. § 17-1705-57

[Eff 01/29/96; am 11/25/96] (Auth: HRS § 346-14) (Imp: HRS §§ 346-29.5, 346-37; 42 C.F.R. §433.36; 42 U.S.C. §1396 p )