2019 Delaware Code
Title 25 - Property
Chapter 50. Liens and Estate Recoveries
§ 5003 Estate recovery.
In the case of any individual receiving long-term care from the Department, the Department shall seek recovery for any disbursements made on behalf of such individual under the State Plan for Medical Assistance, from the individual’s estate or upon sale of property subject to a lien. The Department will seek recovery of moneys expended for correctly paid medical assistance from all periods of eligibility for medical assistance on behalf of the individual only:
(1) After the death of the individual and the death of a surviving spouse who was residing in the home on a continuous basis; and
(2) In the case of liens on an individual’s home, when there is no:
a. Surviving child who is blind or disabled as defined in accordance with the disability rule of the federally administered Supplemental Security Income (Title XVI of the Social Security Act [42 U.S.C. §§ 1381-1383f]) who was residing in the home on a continuous basis immediately prior to the death of the individual; or
b. Nondisabled child or sibling of the individual lawfully residing in the home, who has resided there for a period of at least 2 years immediately prior the date of the individual’s admission to a long-term care service, who has lawfully resided there on a continuous basis since that time, and who can establish to the Department’s satisfaction that the person provided the care that permitted the individual to reside in the home rather than in a long-term care facility; or
c. Minor child who was residing in the home on a continuous basis immediately prior to the death of the individual, until that child reaches majority.
69 Del. Laws, c. 392, § 1; 70 Del. Laws, c. 186, § 1.
