Authority: IC 12-15-1-10; IC 12-15-8.5

Affected: IC 12-15-3-6; IC 12-15-9

Sec. 3. (a) When the office in accordance with 42 U.S.C. 1396p determines that a Medicaid member who resides in a medical institution cannot reasonably be expected to be discharged and return home, the office may attach a lien on the Medicaid member's real property subject to the provisions of this rule and IC 12-15-8.5.

(b) The office may not obtain a lien on the member's home if any of the following people lawfully reside in the home of the institutionalized member:

1. (1) The member's spouse.
2. (2) The member's child who is less than twenty-one (21) years of age, blind, or disabled as defined in 42 U.S.C. 1382c.

3. (3) The member's sibling who:

   1. (A) was residing in the member's home for a period of at least one (1) year immediately before the member's institutionalization; and
   2. (B) has an ownership interest in the home.
4. (4) The member's parent.

(Office of the Secretary of Family and Social Services; 405 IAC 2-10-3; filed Dec 13, 2002, 4:00 p.m.: 26 IR 1547; filed Jul 21, 2004, 5:15 p.m.: 27 IR 3984; readopted filed Sep 19, 2007, 12:16 p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFA; readopted filed Nov 13, 2019, 11:54 a.m.: 20191211-IR-405190487RFA; filed Jun 11, 2021, 2:35 p.m.: 20210707-IR-405190602FRA; readopted filed Oct 8, 2025, 3:16 p.m.: 20251105-IR-405240502RFA)