OK SB819

Oklahoma Health Care Authority may file and enforce homestead liens against nursing home or intermediate care facility (ICF/IID) residents receiving Title XIX medical assistance, if the resident cannot reasonably be expected to be discharged after one year of compensated inpatient care.

Lien amount covers medical assistance payments made by the Authority beginning one year after the resident started receiving inpatient care, plus ongoing payments; recipient must receive written notice and opportunity for a hearing before lien is filed.

Authority cannot enforce the lien while homestead is residence of surviving spouse, children age 20 or under, incapacitated adult children, or siblings with equity interest who resided there for one year before admission.

Lien may be enforced before or after recipient's death, remains on homestead until satisfied or property is consumed by lien value, and is assignable by Authority as a mortgage under Oklahoma law.

Up to $6,000.00 from homestead sale proceeds may be set aside for recipient's funeral expenses before lien reimbursement to Authority; effective date is November 1, 2017.