Section R9-28-803. TEFRA Liens – Prohibitions

AHCCCS shall not file a TEFRA lien against a member’s home if one of the following individuals is lawfully residing in the mem- ber’s home:

1.        Member’s spouse;

2.        Member’s child who is under the age of 21;

3.        Member’s child who is blind or disabled under 42 U.S.C. 1382c; or

4.        Member’s sibling who has an equity interest in the home and who was residing in the member’s home for at least one year immediately before the date the member was admitted to a nursing facility, ICF/MR, or other medical institution as defined under 42 CFR 435.1010.

Historical Note

Adopted effective October 1, 1988, filed September 1, 1988 (Supp. 88-3). Section repealed; new Section adopted effective August 11, 1997 (Supp. 97-3). Section repealed; new Section adopted by final rulemaking at 6

A.A.R. 3365, effective August 7, 2000 (Supp. 00-3). Sec- tion repealed by final rulemaking at 10 A.A.R. 820, effec-

tive April 3, 2004 (Supp. 04-1). New Section made by final rulemaking at 14 A.A.R. 3791, effective November 8, 2008 (Supp. 08-3).