Subsection 144-101-VII-5.02 - DEFINITIONS5.02-1Assets means property, real or personal, tangible or intangible, or any interest therein, and anything that may be the subject of ownership. It includes assets conveyed to a survivor, heir or assignee of the deceased Member through a tenancy in common, survivorship, life estate, living trust, joint tenancy in personal property or other similar arrangement.5.02-2Department is the Department of Health and Human Services. 5.02-3Dependent is: A. A surviving spouse; orB. A surviving child who is under age twenty-one (21); orC. A surviving adult child who is blind or permanently and totally disabled.5.02-4Disability exists when an individual has been determined to be disabled using the Supplemental Security Income standards by the Social Security Administration or has been determined to be disabled pursuant to the Maine State Retirement System.5.02-5Estate includes: A. All real and personal property and other assets included in the Member's estate, as defined in 18-C M.R.S. §1 - 201; and B. Any other real and personal property and other assets in which the Member has any legal interest at the time of death, to the extent of that interest, including assets conveyed to a survivor, heir or assign of the deceased through tenancy in common, survivorship, life estate, living trust, joint tenancy in personal property or other arrangement, but not including joint tenancy in real property. 5.02-6Health Maintenance Activities as used in this Chapter include nursing, personal care services and additional activities for a Member who otherwise would perform the activities if the Member were physically and/or cognitively able to do so, and which help the Member to live in the home and community. These additional activities include, but are not limited to, catheterization, ostomy care, preparation of food and tube feedings, bowel treatments, administration of medications, care of skin with damaged integrity, occupational and physical therapy activities such as assistance with prescribed exercise regimes, and transportation.5.02-7Income: as defined by 42 U.S.C.§ 1382a.5.02-8Institutional Care as used in this Chapter is care given in any MaineCare reimbursable facility providing twenty-four (24) hour care, food, shelter, and treatment services. This includes but is not limited to private non-medical institutions, nursing facilities, adult family care homes, intermediate care facilities for persons with Intellectual Disabilities (ICF-IID), psychiatric hospitals, residential care facilities, and assisted living facilities.5.02-9Legal interest at Death for purposes of this section means a legal interest immediately prior to death.5.02-10Life Estate is ownership of real property, of which the Member had a legal interest at death. Ownership is limited to the term of life, usually that of the owner of the life estate, and may have other conditions attached, such as occupancy. Life estates can be acquired by inheritance or by purchase, or can be retained when property is sold, such as when the individual sells the right to ownership after death and retains the right to ownership during their lifetime. In order to determine the Member's legal interest at death in the Life Estate, utilize Appendix E to Chapter 332 of the MaineCare Eligibility Manual - Life Estate and Remainder Interest Table. Using the age of the individual on the date of death, find the amount in the column, "Life Estate" and multiply it by the fair market value of the property at the time of death. This is the amount recoverable by MaineCare against the remainderman of the Life Estate.
5.02-11Long-term Care Insurance Partnership Program is a program authorized by 22 M.R.S. §3174-GG and allows for a specified amount of assets to be protected from estate recovery if a Member has purchased a qualified long-term care insurance policy. The policy must meet the definition of a "qualified long-term care insurance policy" that is found in section 7702B(b) of the Internal Revenue Code of 1986 and Part 14, Section 4.1 of the MaineCare Eligibility Manual. The term "long-term care insurance policy" includes a certificate issued under a group insurance contract.
5.02-12Member is an individual who receives MaineCare benefits. 5.02-13Personal Care Services as used in this Chapter are activities of daily living (ADL) and instrumental activities of daily living (IADL) provided to or personally supervised for a Member who does not reside in an institutional setting. ADLs include bed mobility, transfer, locomotion, eating, toilet use, bathing, and dressing. IADLs include meal preparation, routine housework, grocery shopping and storage of purchased groceries, and laundry done either within the residence or at an outside laundry facility. C.M.R. 10, 144, ch. 101, ch. VII, 144-101-VII-5, subsec. 144-101-VII-5.02