Section 16.03.09.901 - LIENS AND ESTATE RECOVERY: DEFINITIONSThe following terms are applicable to Sections 900 through 909 of these rules:
01.Authorized Representative. The person appointed by the court as the personal representative in a probate proceeding or, if none, the person identified by the participant to receive notice and make decisions on estate matters.02.Discharge From a Medical Institution. A medical decision made by a competent medical professional that the Medicaid participant no longer needs nursing home care because the participant's condition has improved, or the discharge is not medically contraindicated.03.Equity Interest in a Home. Any equity interest in real property recognized under Idaho law.04.Estate. All real and personal property and other assets including those in which the participant had any legal or beneficial title or interest at the time of death, to the extent of such interest, including such assets conveyed to a survivor, heir, or assignee of the deceased participant through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement.05.Home. The dwelling in which the participant has an ownership interest, and which the participant occupied as their primary dwelling prior to, or subsequent to, their admission to a medical institution.06.Institutionalized Participant. An inpatient in a nursing facility (NF), intermediate care facility for people with intellectual disabilities (ICF/IID), or other medical institution, who is a Medicaid participant subject to post-eligibility treatment of income in IDAPA 16.03.05, "Eligibility for Aid to the Aged, Blind and Disabled (AABD)."07.Lawfully Residing. Residing in a manner not contrary to or forbidden by law, and with the participant's knowledge and consent.08.Permanently Institutionalized. An institutionalized participant of any age who the Department has determined cannot reasonably be expected to be discharged from the institution and return home. Discharge refers to a medical decision made by a competent medical professional that the participant is physically able to leave the institution and return to live at home.09.Personal Property. Any property not real property, including cash, jewelry, household goods, tools, life insurance policies, boats and wheeled vehicles.10.Real Property. Any land, including buildings or immovable objects attached permanently to the land.11.Residing in the Home on a Continuous Basis. Occupying the home as the primary dwelling and continuing to occupy such dwelling as the primary residence.12.Termination of a Lien. The release or dissolution of a lien from property.13.Undue Hardship. Conditions that justify waiver of all or a part of the Department's claim against an estate, described in Subsections 905.06 through 905.10 of these rules.14.Undue Hardship Waiver. A decision made by the Department to relinquish, limit, or defer its claim to any or all estate assets of a deceased participant based on good cause.Idaho Admin. Code r. 16.03.09.901