AB150-engrossed,790,9 46.27 (7g) Recovery of costs of care. (a) In this subsection:

AB150-engrossed,790,11 1. "Client" means a person who receives or received long-term community support services that are funded under sub. (7).

AB150-engrossed,790,12 2. "Disabled" has the meaning given in s. 49.468 (1) (a) 1.

AB150-engrossed,790,15 3. "Home" means property in which a person has an ownership interest consisting of the person's dwelling and the land used and operated in connection with the dwelling.

AB150-engrossed,790,22 (b) 1. Except as provided in subd. 2., the department may obtain a lien on a client's home if the client resides in a nursing home, community-based residential facility, adult family home or assisted living facility and cannot reasonably be expected to be discharged from the nursing home, community-based residential facility, adult family home or assisted living facility and return home. The lien is for the amount of long-term support community services paid on behalf of the client under sub. (7).

AB150-engrossed,790,24 2. The department may not obtain a lien under this paragraph if any of the following persons lawfully reside in the home:

AB150-engrossed,790,25 a. The client's spouse.

AB150-engrossed,791,1 b. The client's child who is under age 21 or is disabled.

AB150-engrossed,791,5 c. The client's sibling who has an ownership interest in the home and who has lived in the home continuously beginning at least 12 months before the client was admitted to the nursing home, community-based residential facility, adult family home or assisted living facility.

AB150-engrossed,791,7 3. Before obtaining a lien on a client's home under this paragraph, the department shall do all of the following:

AB150-engrossed,791,12 a. Notify the client in writing of its determination that the client cannot reasonably be expected to be discharged from the nursing home, community-based residential facility, adult family home or assisted living facility, its intent to impose a lien on the client's home and the client's right to a hearing on whether the requirements for the imposition of a lien are satisfied.

AB150-engrossed,791,13 b. Provide the client with a hearing if he or she requests one.

AB150-engrossed,791,15 4. The department shall obtain a lien under this paragraph by recording a lien claim in the office of the register of deeds of the county in which the home is located.

AB150-engrossed,791,18 5. The department may not enforce a lien under this paragraph while the client lives unless the client sells the home and does not have a living child who is under age 21 or disabled or a living spouse.

AB150-engrossed,791,20 6. The department may not enforce a lien under this paragraph after the death of the client as long as any of the following survive the client:

AB150-engrossed,791,21 a. A spouse.

AB150-engrossed,791,22 b. A child who is under age 21 or disabled.

AB150-engrossed,792,3 c. A child of any age who resides in the home, if that child resided in the home for at least 24 months before the client was admitted to the nursing home, community-based residential facility, adult family home or assisted living facility and provided care to the client that delayed the client's admission to the nursing home, community-based residential facility, adult family home or assisted living facility.

AB150-engrossed,792,6 d. A sibling who resides in the home, if the sibling resided in the home for at least 12 months before the client was admitted to the nursing home, community-based residential facility, adult family home or assisted living facility.

AB150-engrossed,792,8 7. The department may enforce a lien imposed under this paragraph by foreclosure in the same manner as a mortgage on real property.

AB150-engrossed,792,11 8. The department shall file a release of a lien imposed under this paragraph if the client is discharged from the nursing home, community-based residential facility, adult family home or assisted living facility and returns to live in the home.

AB150-engrossed,792,16 (c) 1. Except as provided in subd. 4., the department shall file a claim against the estate of a client or against the estate of the surviving spouse of a client for the amount of long-term community support services funded under sub. (7) paid on behalf of the client after the client attained 55 years of age, unless already recovered by the department under this subsection.

AB150-engrossed,792,18 2. The affidavit of a person designated by the secretary to administer this paragraph is evidence of the amount of the claim.

AB150-engrossed,792,21 3. The court shall reduce the amount of a claim under subd. 1. by up to $3,000 if necessary to allow the client's heirs or the beneficiaries of the client's will to retain the following personal property:

AB150-engrossed,792,22 a. The decedent's wearing apparel and jewelry held for personal use.

AB150-engrossed,792,23 b. Household furniture, furnishings and appliances.

AB150-engrossed,792,25 c. Other tangible personal property not used in trade, agriculture or other business, not to exceed $1,000 in value.

AB150-engrossed,793,2 4. A claim under subd. 1. is not allowable if the decedent has a surviving child who is under age 21 or disabled or a surviving spouse.

AB150-engrossed,793,7 5. If the department's claim is not allowable because of subd. 4. and the estate includes an interest in a home, the court exercising probate jurisdiction shall, in the final judgment, assign the interest in the home subject to a lien in favor of the department for the amount described in subd. 1. The personal representative shall record the final judgment as provided in s. 863.29.