Estate recovery

# (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.