Page:United States Statutes at Large Volume 96 Part 1.djvu/413

 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 371

participate in such program) is blind or disabled as defined in section 1614, or 42 USC 1382c. "(C) a sibling of such individual (who has an equity interest in such home and who was residing in such individual's home for a period of at least one year immediately before the date of the individual's admission to the medical institution), is lawfully residing in such home. "(3) Any lien imposed with respect to an individual pursuant to paragraph (1)(B) shall dissolve upon that individual's discharge from the medical institution and return home. "(b)(1) No adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan may be made, except— "(A) in the case of an individual described in subsection (a)(1)(B), from his estate or upon sale of the property subject to a lien imposed on account of medical assistance paid on behalf of such individual, and "(B) in the case of any other individual who was 65 years of age or older when he received such assistance, from his estate. "(2) Any adjustment or recovery under paragraph (1) may be made only after the death of the individual's surviving spouse, if any, and only at a time— "(A) when he has no surviving child who is under age 21, or (with respect to States eligible to participate in the State program established under title XVI) is blind or permanently and 42 USC 1381. totally disabled, or (with respect to States which are not eligible to participate in such program) is blind or disabled as defined in section 1614; and "(B) in the case of a lien on an individual's home under subsection (a)(1)(B), when— "(i) no sibling of the individual (who was residing in the individual's home for a period of at least one year immediately before the date of the individual's admission to the medical institution), and "(ii) no son or daughter of the individual (who was residing in the individual's home for a period of at least two years immediately before the date of the individual's admission to the medical institution, and who establishes to the satisfaction of the State that he or she provided care to such individual which permitted such individual to reside at home rather than in an institution), is lawfully residing in such home and has lawfully resided in such home on a continuous basis since the date of the individual's admission to the medical institution. "(c)(1) Notwithstanding any other provision of this title, an individual who would otherwise be eligible for medical assistance under the State plan approved under this title may be denied such assistance if such individual would not be eligible for such medical assistance but for the fact that he disposed of resources for less than fair market value. If the State plan provides for the denial of such assistance by reason of such disposal of resources, the State plan shall specify a procedure for implementing such denial which, except as provided in paragraph (2), is not more restrictive than the procedure specified in section 1613(c) of this Act, and which may 42 USC 1382b. provide for a waiver of denial of such assistance in any instance where the State determines that such denial would work an undue hardship.

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