Current through P.L. 171-2024
Section 12-15-8.5-2 - Lien for Medicaid expenditures(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.As added by P.L. 178-2002, SEC.81. Amended by P.L. 224-2003, SEC.71; P.L. 1-2007, SEC.122.