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During 2002, Indiana Medicaid adopted regulations to close some of the common eligibility loopholes used to shelter assets. Deficit Reduction Act of 2005 further impacted Medicaid provisions.
This regulation applies to transfers taking place, or leases entered into or renewed, on or after June 1, 2002. Transfers between spouses are allowed.
Failing to take action to receive assets to which an individual is entitled is considered a transfer. Example: failing to elect to take the spousal share of an estate. No penalty will be imposed if:
Effective November 2002, savings bonds are considered to be available and thus countable resources for Medicaid purposes beginning on the date of purchase.
Effective July 1, 2003, Indiana Medicaid has authority to place a lien on the real property of a Medicaid recipient who is in a nursing facility or other institution and is not expected to return home. The lien is enforced if the property is sold or upon the death of the Medicaid recipient. No lien is permitted if any of the following people reside on the property:
A lien may not be enforced while the recipient is survived by a spouse, a minor or disabled child, or a parent, even if those individuals do not live on the property.