Sec. 3. The office may not obtain a lien under this chapter if any of the following persons lawfully reside in the home of the Medicaid recipient who resides in the medical institution:
(1) The Medicaid recipient's spouse.
(2) The Medicaid recipient's child who is:
(A) less than twenty-one (21) years of age; or
(B) disabled as defined by the federal Supplemental Security Income program.
(3) The Medicaid recipient's sibling who has an ownership interest in the home and who has lived in the home continuously beginning at least twelve (12) months before the recipient was admitted to the medical institution.
(4) The Medicaid recipient's parent.
As added by P.L.178-2002, SEC.81. Amended by P.L.224-2003, SEC.72.
Structure Indiana Code
Chapter 8.5. Liens on Real Property of Medicaid Recipients
12-15-8.5-1. "Medical Institution"
12-15-8.5-2. Lien for Medicaid Expenditures
12-15-8.5-3. Limitations on Lien
12-15-8.5-4. Notice Required Before Lien Obtained
12-15-8.5-5. Notice Required to Obtain Lien; Filing and Distribution of Notice
12-15-8.5-6. Effect of Notice of Lien; Duration of Lien
12-15-8.5-7. Lien Foreclosure; Automatic Expiration of Lien
12-15-8.5-8. Limitations on Enforcement of Lien
12-15-8.5-9. Release of Lien; Waiver of Filing Fee