Ill. Admin. Code tit. 89, § 102.235 - Liens on Property of Institutionalized Recipients
a) Definitions in this Section are as
follows:
1) "Institutionalized individual" -
individual of any age who is an inpatient in a nursing facility or other
medical institution and who must, as a condition of receiving services in the
institution, apply his or her income to the cost of care.
2) "Individual's home" - dwelling with
adjoining and related real estate which the individual owns and occupies, or
when temporarily absent, dwelling in which the individual maintains an intent
to return.
3) "Equity interest in
the home" - current market value of the home less all encumbrances.
4) "Residing in the home for at least one or
two years on a continuous basis" - occupancy of an individual's home by a
sibling or child of the individual as a primary place of residence. During the
one or two year period, the individual's home address was used by the sibling
or child as his or her mailing address, or his or her address used for driver's
license or voter registration purposes, and the address remained
unchanged.
5) "Discharge from the
medical institution and return home" - the attending physician has signed an
order for discharge from the medical institution, following which the
individual has returned to reside in his or her own home.
6) "Lawfully residing" - use of the property
of an individual in a medical institution as the home of a spouse or a minor,
blind or disabled child, or a sibling with an ownership interest in the home.
Such property must be the spouse's child's or sibling's mailing address, or his
or her address used for driver's license or voter registration
purposes.
b) Except as
provided in subsection (c) of this Section, the Department shall file a lien on
all real property, including the home of a recipient of MANG(A), (B) or (D) who
it determines to be permanently institutionalized, that is, cannot reasonably
be expected to be discharged and return home from a medical
institution.
c) The Department will
not file a lien on the home if it is occupied by the permanently
institutionalized recipient's spouse, minor or disabled or blind child, or
sibling who has an equity interest in the home and has legally resided in it
continuously for at least one year immediately before the date the recipient
was admitted to a medical institution.
d) There shall be a rebuttable presumption of
permanent institutionalization when a recipient has resided for at least 120
calendar days in one or more medical institutions.
e) The Department shall provide the recipient
with at least 10 calendar days advance notice of its intention to file a lien
on the recipient's real property, based on its determination that the recipient
is permanently institutionalized, and of the recipient's right to request and
obtain a fair hearing on this determination.
Notes
Amended at 21 Ill. Reg. 619, effective January 1, 1997
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