WILLIAM DONALD SCHAEFER, Governor                            Ch. 439

circumstance; and generally relating to the payment of certain net estate proceeds
to the Department for Program administration under certain circumstances.

BY adding to

Article—Health—General

Section 15-121.2

Annotated Code of Maryland

(1990 Replacement Volume and 1992 Supplement)

BY repealing and reenacting, with amendments,
Article - Estates and Trusts
Section 3-105

Annotated Code of Maryland
(1991 Replacement Volume and 1992 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article—Health—General

15 -121.2.

(A)     THE DEPARTMENT SHALL IMPOSE A LIEN ON THE REAL PROPERTY OF AN
INDIVIDUAL, BEFORE THE INDIVIDUAL'S DEATH, ON ACCOUNT OF MEDICAL
ASSISTANCE CLAIMS PAID OR TO BE PAID ON THE INDIVIDUAL'S BEHALF IF:

(1) THE INDIVIDUAL:

(I) OWNS REAL PROPERTY;

(II) IS AN INPATIENT IN A NURSING FACILITY OR MEDICAL
INSTITUTION; AND

(III) IS REQUIRED AS A CONDITION OF RECEIVING MEDICAL
ASSISTANCE SERVICES, TO SPEND FOR COSTS OF MEDICAL CARE ALL BUT A
MINIMAL AMOUNT OF THE INDIVIDUAL'S INCOME REQUIRED FOR PERSONAL
NEEDS; AND

(2) THE DEPARTMENT HAS DETERMINED, AFTER NOTICE AND
OPPORTUNITY FOR A HEARING, THAT THERE IS NO REASONABLE EXPECTATION
THAT THE INDIVIDUAL CAN BE DISCHARGED FROM THE NURSING FACILITY OR
MEDICAL INSTITUTION AND RETURN HOME FOR PERMANENT RESIDENCE.

(B)     THE DEPARTMENT SHALL IMPOSE A LIEN ON THE REAL PROPERTY OF AN
INDIVIDUAL DESCRIBED IN SUBSECTION (A) OF THIS SECTION REGARDLESS OF
WHETHER ANY OF THE FOLLOWING INDIVIDUALS LAWFULLY RESIDE IN THE
INDIVIDUAL'S HOME:

(1) THE SPOUSE OF THE INDIVIDUAL;

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