Sec. 2. (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.
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Terms Used In Indiana Code 12-15-8.5-2
- Lien: A claim against real or personal property in satisfaction of a debt.
- medical institution: means any of the following:
Indiana Code 12-15-8.5-1
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
(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.
