Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 70 - MO HealthNet Division › Chapter 4 - Conditions of Participant Participation, Rights and Responsibilities › Section 13 CSR 70-4.110 - Placement of Liens on Property of Certain Institutionalized MO HealthNet Participants

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the definition of
				  "proof of residency" and replaces outdated language throughout the
				  regulation.
PURPOSE: This rule implements the guidelines for
				  placement of liens on the property of certain institutionalized MO HealthNet
				  participants, in accordance with the authority given to states in the Tax
				  Equity and Fiscal Responsibility Act of 1982 (TEFRA), as
				  amended.
(1) When an
				applicant for MO HealthNet or a MO HealthNet participant is a patient, or will
				become a patient, in a nursing facility, intermediate care facility for the
				developmentally disabled, or other medical institution, the Department of
				Social Services will determine if the placement of a lien against the property
				of the applicant or participant is applicable. A lien is imposed on the
				property of an individual, in accordance with the authority given states in the
				Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), when-
(A) The MO HealthNet participant is or has
				made application to become a patient in a nursing facility, intermediate care
				facility for the developmentally disabled, or other medical institution, if
				such individual is required, as a condition of receiving services in such
				institution, to spend for costs of medical care all but a minimal amount of
				his/her income required for personal needs;
(B) The institutionalized MO HealthNet
				participant owns property. Property includes the homestead and all other real
				property in which the person has a sole legal interest or a legal interest
				based upon coownership of the property;
(C) The department has determined after
				notice and opportunity for hearing that there is no reasonable expectation that
				the person can be discharged from the facility within one hundred twenty (120)
				days and return home. The hearing, if requested, will proceed under the
				provision of Chapter 536, RSMo, before a hearing officer designated by the
				director of the Department of Social Services. The fact that there is no
				reasonable expectation that the person can be discharged from the facility
				within one hundred twenty (120) days and return home may be substantiated by
				one (1) of the following:
1.
				Applicant/participant states in writing that he/she does not intend to return
				home within one hundred twenty (120) days;
2. Applicant/participant has been in the
				institution for longer than one hundred twenty (120) days; or
3. A physician states in writing that the
				applicant/participant cannot be expected to be discharged within one hundred
				twenty (120) days of admission; and
(D) A lien is imposed on the property unless
				one (1) of the following persons lawfully resides in the property:
1. The institutionalized person's
				spouse;
2. The institutionalized
				person's child who is under twenty-one (21) years of age or is blind or
				permanently and totally disabled; or
3. The institutionalized person's sibling who
				has an equity interest in the property and who was residing in such
				individual's home for a period of at least one (1) year immediately before the
				date of the individual's admission to the institution; or
4. The division may require proof of
				residency pursuant to this subsection. Proof of residency includes, but is not
				limited to, a utility bill, property tax bill, copy of permanent Missouri
				driver's license, copy of Missouri voter's registration verification, or copy
				of the most recently filed Federal 1040 income tax form in the name of the
				institutionalized person's spouse, child, or sibling.