Section 29-6702. LIMITATIONS

 

6702.1The Department of Health, Medical Assistance Administration (MAA) shall not impose a lien against the decedent's home if any of the following persons is lawfully residing in the home:

 

(a)the decedent's surviving spouse;

 

(b)the decedent's child who is under the age of 21 or is blind or disabled; or

 

(c)a sibling of the decedent who has an equity interest in such home and has been residing in the home for a period of at least one year immediately before the date of the decedent's admission to the medical institution.

 

6702.2MAA may waive enforcement of any estate recovery claim if it determines that enforcement of the claim would become an undue hardship to an heir, legatee, devisee or other interested person claiming entitlement to receive the assets of the estate.

 

6702.3MAA may waive enforcement of any estate recovery claim if it determines that recovery is not cost-effective. Recovery shall not be cost- effective when the amount of the claim is less than one hundred dollars ($100.00).

 

6702.4The home is the dwelling that the individual considers his or her fixed or permanent residence and to which, whenever absent, the person intends to return. The home may be located within or outside the District of Columbia. Only one dwelling unit may be considered an individual's home.

 

6702.5The individual's home includes the real property on which the dwelling is located, all tangible personal property located therein, and any related outbuildings located on the property. Outbuildings necessary to the operation of the home include garage, shed and other buildings for the individual's consumption.

 

source

Final Rulemaking published at 53 DCR 6353 (August 4, 2006).