§ 12-15-8.5-2 — Lien for Medicaid expenditures

Indiana § 12-15-8.5-2

• Jurisdiction: Indiana
• Art. 15: MEDICAID
• Ch. 8.5: Liens on Real Property of Medicaid Recipients

Text

(a) When the office, in accordance with 42
U.S.C. 1396p, determines that a Medicaid recipient who resides in a
medical institution cannot reasonably be expected to be discharged
from a medical institution and return home, the office may obtain a lien
on the Medicaid recipient's real property for the cost of all Medicaid
expenditures made on behalf of the recipient.
(b) The office shall conduct a look back (as described in 42 U.S.C.
1396p(c)) of a Medicaid recipient's property of at least three (3) years.
(c) A lien obtained under this chapter is subordinate to the security
interest of a financial institution that loans money to be used as
operating capital for the operation of a farm, a business, or income
producing real property.

Legislative History

As added by P.L.178-2002, SEC.81. Amended by P.L.224-2003, SEC.71; P.L.1-2007, SEC.122.