2019 Delaware Code
Title 25 - Property
Chapter 50. Liens and Estate Recoveries
§ 5001 Definitions.
(a) “Department” means the Delaware Department of Health and Social Services.
(b) “Discharge from a long-term care service” means the release of a person from a long-term care facility for the purpose of returning to the home for permanent residence or discontinuance of home and community-based services.
(c) “Estate” means all real property, as well as all personal property which constitutes assets of the individual’s estate as described in Chapter 19 of Title 12.
(d) “Lawfully residing in the home” means residing in the home with the permission of the owner or, if under guardianship, the owner’s legal guardian.
(e) “Long-term care” means a service provided in a long-term care facility or in the home, under federally approved home and community-based services, as an alternative to institutionalization.
(f) “Medical assistance” means payment by the State’s program under Title XIX of the Social Security Act [42 U.S.C. §§ 1396-1396w-1], or Medicaid Program, administered by the Department.
(g) “Real property” means land, including houses or immovable structures or objects attached permanently to the land. The terms “real estate,” “realty,” and “real property” are used synonymously with one another and designate real property in which an individual has ownership rights and interests.
(h) “Residing in the home on a continuous basis” means using the home as the principal place of residence.
69 Del. Laws, c. 392, § 1; 70 Del. Laws, c. 545, §§ 1, 2.
