CHAPTER 545

FORMERLY

HOUSE BILL NO. 563

AS AMENDED BY 11011SE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 50, TITLE: 25 OF THE DELAWARE CODE RELATING TO LIENS AND ESTATE RECOVERIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELA WARE:

Section 1. Amend Title 25 of the Delaware Code by striking § 5001(h) in its entirety and by substituting in lieu thereof the following:

"(b)'Long-term care' means a service provided in a long-term care facility or in the home, under federally approved home and community-based services, as an alternative to institutionalization."

Section 2. Amend § 5001(e) of Title 25 of the Delaware Code by striking the phrase "a long-term services as an alternative to institutionalization.- and by substituting in lieu thereof the phrase "home and community-based services".

Section 3. Amend § 50020) of Title 25 of the Delaware Code by striking the phrase "under facility" and by substituting in lieu thereof the phrase "facility under".

Section 4. Amend Section 5002(a) of Title 25 of the Delaware Code by deleting the phrase "subsection (h)" and by substituting in lieu thereof the phrase "Subsections (h) and (c)."

Section 5. Amend Section 5002 of Title 25 of the Delaware Code by redesignating Subsections (b) through (d) as Subsections (e) through (e) respectively and by inserting the Billowing new Subsection (h) to read:

"(b) No lien may he imposed on an individual's home under Subsection (a) of this section if any of the following persons is lawfully residing in the home:

(1) the spouse of the individual;

(2) the individual's child who is either under the age of 21, blind, or permanently and totally disabled; or

(3) a sibling of the individual who has an equity interest in the home and who was residing in the home for a period of at least one year immediately prior to the date of the individual's admission to the long-term care facility."

Section 6. Amend § 5005 of Title 25 of the Delaware Code by inserting the phrase "§ 3003" between the phrases "application or and "this act".

Section, 7. Amend § 5005 of 'Fide 25 of the Delaware Code by adding the following sentence after the phrase "undue hardship.":

"However, a waiver granted pursuant to this section shall remain in effect only as long as the undue hardship condition continues,"

Approved July 18, 1996