Ala. Admin. Code r. 560-X-33-.06

Current through Register Vol. 42, No. 8, May 31, 2024

Section 560-X-33-.06 - Liens

(1) The Alabama Medicaid Agency ("Agency") will place a lien and may foreclose upon real property of the following recipients to the extent allowed by 42 U.S.C. §1396p:

(a) Permanently Institutionalized Recipients of any age who are inpatients in a nursing facility, ICF/IID, or other medical institution, and who must, as a condition of receiving services in the institution under the State plan, apply their income (all but a minimal amount allowed for personal needs) to the cost of care. (See Chapter 28 for a copy of the form to be used.)

(b) The Agency may not impose a lien on such recipient's home if:

1. The recipient's spouse is residing in the home;

2. The recipient's child under age 21 is residing in the home;

3. A child who is blind or permanently and totally disabled, as defined in 42 U.S.C. §1382c, of the recipient is residing in the home; or

4. A sibling of the recipient who has an equity interest in the home is currently living in the home and has been residing continuously in the home for at least one year immediately before the date of the recipient's admission to the institution.

(2) Delayed Recovery/Exemptions

(a) Adjustment or recovery of a lien on a recipient's home can only be made after the death of the recipient's surviving spouse, if any, and:

1. there is no sibling of the recipient residing in the home, who has resided there for at least one year immediately before the date of the recipient's admission to the institution, and has resided there on a continuous basis since that time; OR

2. there is no son or daughter of the recipient residing in the home, who has resided there for at least two years immediately before the date of the recipient's admission to the institution, has resided there on a continuous basis since that time, and can establish to the Agency's satisfaction that he/she has been providing care which permitted the recipient to reside at home rather than in an institution.

(3) Procedures - Unless otherwise specified in this rule, the lien will become due, payable, and enforceable in accordance with federal and state law upon sale or transfer of the property, or upon death of grantor.

Ala. Admin. Code r. 560-X-33-.06

Adopted by Alabama Administrative Monthly Volume XXXIV, Issue No. 03, December 31, 2015, eff. 1/25/2016.

Author: Keith Thompson, Director, Third Party Liability

Statutory Authority: Social Security Act §1917b; 42 U.S.C. §1396p; State Plan; 42 C.F.R. §433.36; Code of Ala. 1975, §§ 22-1-11, 22-6-8, 33-11-1, et seq.