Ch. 439                                         1993 LAWS OF MARYLAND

(2) A CHILD OF THE INDIVIDUAL WHO IS UNDER 21 YEARS OF AGE OR IS
BLIND OR DISABLED; OR

(3) A SIBLING OF THE INDIVIDUAL WHO HAS AN EQUITY INTEREST IN
THE HOME AND WAS RESIDING IN THE HOME FOR A PERIOD OF 1 YEAR
IMMEDIATELY BEFORE THE DATE OF THE INDIVIDUAL'S ADMISSION INTO THE
NURSING FACILITY OR MEDICAL INSTITUTION.

(C) IN THE CASE OF A LIEN PLACED ON AN INDIVIDUAL'S REAL PROPERTY
UNDER THIS SECTION, AFTER THE DEATH OF THE INDIVIDUAL, THE DEPARTMENT
MAY SEEK AN ADJUSTMENT OR RECOVERY OF MEDICAL ASSISTANCE CORRECTLY
PAID FROM THE SALE OF THE PROPERTY SUBJECT TO THE LIEN AFTER THE DEATH
OF THE INDIVIDUAL'S SURVIVING SPOUSE ONLY IF;

(1) THE INDIVIDUAL HAS NO SURVIVING CHILD WHO IS UNDER 21
YEARS OF AGE OR WHO IS BLIND OR DISABLED;

(2) THERE IS NO CHILD OF THE INDIVIDUAL 21 YEARS OF AGE OR
OLDER RESIDING IN THE PROPERTY SUBJECT TO THE LIEN, WHO:                 

(I) HAS RESIDED THERE FOR A PERIOD OF AT LEAST 2 YEARS
IMMEDIATELY BEFORE THE DATE OF THE INDIVIDUAL'S ADMISSION INTO THE
NURSING FACILITY OR MEDICAL INSTITUTION;

(II) HAS LAWFULLY RESIDED THERE ON A CONTINUOUS BASIS
SINCE THE INDIVIDUAL'S ADMISSION INTO THE NURSING FACILITY OR MEDICAL

INSTITUTION; AND                                                                                                   

(III) CAN ESTABLISH TO THE DEPARTMENT'S SATISFACTION THAT
THE CARE PROVIDED BY THE CHILD TO THE INDIVIDUAL PRIOR TO THE
INDIVIDUAL'S ADMISSION INTO THE NURSING FACILITY OR MEDICAL INSTITUTION
PERMITTED THE INDIVIDUAL TO RESIDE IN THE HOME RATHER THAN IN THE
NURSING FACILITY OR MEDICAL INSTITUTION; OR

(3) THERE IS NO SIBLING OF THE INDIVIDUAL LAWFULLY RESIDING IN
THE PROPERTY SUBJECT TO THE LIEN, WHO:

(I) HAS RESIDED THERE FOR A PERIOD OF AT LEAST 1 YEAR
IMMEDIATELY BEFORE THE DATE OF THE INDIVIDUAL'S ADMISSION TO A NURSING
FACILITY OR MEDICAL INSTITUTION; AND

(II) HAS RESIDED THERE ON A CONTINUOUS BASIS SINCE THE
DATE OF THE INDIVIDUAL'S ADMISSION INTO THE NURSING FACILITY OR MEDICAL
INSTITUTION.

(D) ANY LIEN IMPOSED AGAINST AN INDIVIDUAL'S REAL PROPERTY UNDER
THIS SECTION SHALL DISSOLVE UPON THE INDIVIDUAL'S DISCHARGE FROM THE
NURSING FACILITY OR MEDICAL INSTITUTION AND THE INDIVIDUAL'S RETURN
HOME FOR PERMANENT RESIDENCE.

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