Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.09 - MEDICAID BASIC PLAN BENEFITS › INVESTIGATIONS, AUDITS, AND ENFORCEMENT › SUB AREA: LIENS AND ESTATE RECOVERY › Section 16.03.09.901 - LIENS AND ESTATE RECOVERY: DEFINITIONS

Current through August 31, 2023
The following terms are applicable to Sections
					 900 through
					 909 of these rules:
					 (3-17-22)
01.
Authorized
				  Representative
. The person appointed by the court as the personal
				  representative in a probate proceeding or, if none, the person identified by
				  the participant to receive notice and make decisions on estate matters.
				  (3-17-22)
02.
Discharge From
				  a Medical Institution
. A medical decision made by a competent medical
				  professional that the Medicaid participant no longer needs nursing home care
				  because the participant's condition has improved, or the discharge is not
				  medically contraindicated. (3-17-22)
03.
Equity Interest in a Home
.
				  Any equity interest in real property recognized under Idaho law.
				  (3-17-22)
04.
Estate
.
				  All real and personal property and other assets including those in which the
				  participant had any legal or beneficial title or interest at the time of death,
				  to the extent of such interest, including such assets conveyed to a survivor,
				  heir, or assignee of the deceased participant through joint tenancy, tenancy in
				  common, survivorship, life estate, living trust, or other arrangement.
				  (3-17-22)
05.
Home
.
				  The dwelling in which the participant has an ownership interest, and which the
				  participant occupied as their primary dwelling prior to, or subsequent to,
				  their admission to a medical institution. (3-17-22)
06.
Institutionalized
				  Participant
. An inpatient in a nursing facility (NF), intermediate care
				  facility for people with intellectual disabilities (ICF/IID), or other medical
				  institution, who is a Medicaid participant subject to post-eligibility
				  treatment of income in IDAPA 16.03.05, "Eligibility for Aid to the Aged, Blind
				  and Disabled (AABD)." (3-17-22)
07.
Lawfully Residing
. Residing in a manner not contrary to or
				  forbidden by law, and with the participant's knowledge and consent.
				  (3-17-22)
08.
Permanently
				  Institutionalized
. An institutionalized participant of any age who the
				  Department has determined cannot reasonably be expected to be discharged from
				  the institution and return home. Discharge refers to a medical decision made by
				  a competent medical professional that the participant is physically able to
				  leave the institution and return to live at home. (3-17-22)
09.
Personal Property
. Any
				  property not real property, including cash, jewelry, household goods, tools,
				  life insurance policies, boats and wheeled vehicles. (3-17-22)
10.
Real Property
. Any land,
				  including buildings or immovable objects attached permanently to the land.
				  (3-17-22)
11.
Residing in the
				  Home on a Continuous Basis
. Occupying the home as the primary dwelling
				  and continuing to occupy such dwelling as the primary residence.
				  (3-17-22)
12.
Termination of
				  a Lien
. The release or dissolution of a lien from property.
				  (3-17-22)
13.
Undue
				  Hardship
. Conditions that justify waiver of all or a part of the
				  Department's claim against an estate, described in Subsections
				  905.06 through
				  905.10 of these rules.
				  (3-17-22)
14.
Undue Hardship
				  Waiver
. A decision made by the Department to relinquish, limit, or defer
				  its claim to any or all estate assets of a deceased participant based on good
				  cause. (3-17-22)