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

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

Sec. 8. (a) The office may not enforce a lien on the member's home under this rule if the following individuals are lawfully residing in the member's home and have resided there on a continuous basis since the member's date of admission to the medical institution:

1. (1) The member's child of any age who:

   1. (A) resided in the member's home for at least twenty-four (24) months before the member was institutionalized; and
   2. (B) establishes to the satisfaction of the office that he or she provided care to the member that enabled the member to reside in his or her home delaying institutionalization.
2. (2) The member's sibling who has resided in the member's home for a period of at least one (1) year immediately before the date of the member's admission to the medical institution.

(b) The office may not enforce a lien on the real property of the member under this rule as long as the member is survived by any of the following:

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 this rule.

(c) If there is no condition present in subsection (a) or (b), the office, or its designee, may bring a proceeding in foreclosure on the lien or to make arbitration of the amount due on the lien as follows:

1. (1) If the real property or member's interest is sold or otherwise transferred during the lifetime of the member.
2. (2) Upon the death of the member.

(Office of the Secretary of Family and Social Services; 405 IAC 2-10-8; filed Dec 13, 2002, 4:00 p.m.: 26 IR 1548; filed Jul 21, 2004, 5:15 p.m.: 27 IR 3985; 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)