405 IAC 2-10-8 - Enforcement; foreclosure
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) The member's child of
any age who:
(A) resided in the member's home
for at least twenty-four (24) months before the member was institutionalized;
and
(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) 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) The member's
spouse.
(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) If the
real property or member's interest is sold or otherwise transferred during the
lifetime of the member.
(2) Upon
the death of the member.
Notes
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