Question: If a Medicaid lien exists on a residential property, where would it be recorded for public viewing?
Answer: Property liens are recorded at the Bureau of Conveyances and are available for public viewing online or in person.
This is true whether the lien was placed by the state to recoup the cost of permanent institutional care for an otherwise impoverished patient when his or her house is sold (Medicaid lien), or whether the notice of debt was filed by another entity for some other reason, such as a tax liability, unpaid construction bills, etc.
The BOC is the division of the state Department of Land and Natural Resources that maintains title records for Hawaii property. You may check for a property lien on its website (for documents recorded since 1992) at 808ne.ws/liensearch. Search for a specific property, then look in the column marked “Instrument Code” for “NL,” which stands for Notice of Lien.
You may check records in person at the bureau, 1151 Punchbowl St. (the Kalanimoku Building) in Honolulu. Go to Room No. 123, the Public Reference Room, during its regular business hours.
Q: Does the state always place a lien when a nursing home patient is on Medicaid?
A: No. A lien is not placed if the Medicaid recipient is expected to be discharged from the facility and return home, according to the state Department of Human Services. Also, even if the care is permanent, a lien will not be placed if any of the following relatives live in their home: the Medicaid recipient’s spouse, minor child, adult child who is blind or disabled, or a sibling who has an equity interest in the home and has lived there continuously for at least one year immediately prior to the recipient entering the facility.
Q: Would I know beforehand if they are going to place a lien?
A: Yes, you should, if you are the patient.
Medicaid is a federal and state program that provides health care coverage for low-income people, people with disabilities and others. Federal regulations require states to try to recover Medicaid payments from “medically institutionalized beneficiaries.” Placing a lien on a beneficiary’s home is a standard way to do this, according to DHS. The lien would be for the cost of Medicaid payments and be collected when the home is sold or transferred.
The state follows a process before placing a lien, which includes determining that the Medicaid beneficiary likely will never leave the facility; notifying the beneficiary that a lien may be placed; and allowing the beneficiary or their representative to seek an administrative hearing on the matter. The lien is placed if no hearing is requested or if a hearing is held and the state’s decision to file the lien is upheld.
If you have questions about a lien, call the state attorney general’s Civil Recovery Division at 586-1126.
Q: So if my husband is the patient and I am living in the house, they won’t file a lien? This is the only house we own.
A: Yes, that is correct. Your home would be exempt for as long as you are lawfully living in it.
Auwe
Auwe to the guy in the gray van in the Waipahu Savers parking lot on Sunday afternoon. I parked next to you. You hit the front bumper of my car when you left, but didn’t have the honesty or decency to stop. In Hawaii, we treat each other with respect. Do what is right. — A reader
Mahalo
A big mahalo for the young man who went out of his way to deliver our FedEx box, which had been taken to the wrong street. The box was heavy, so he had to drive here. My husband didn’t get his name, so we want him to know how grateful we are for his honesty and efforts. God bless him and his family. — Salt Lake seniors
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