(a) Subject to the provisions of subsections (b) and (c) of this section, for any individual who is 55 years of age or older when the individual receives services in a long-term care facility under the auspices of the Department, a lien shall be created against all real property of such individual, prior to the individual’s death, upon approval of such individual for, and receipt of, services that will be paid on that individual’s behalf, fully or in part by the Department, and only after notice and opportunity for a hearing before the Department to establish that the person cannot reasonably be expected to return home.

(b) No lien may be 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 1 year immediately prior to the date of the individual’s admission to the long-term care facility.

(c) The lien shall attach to real property upon the recording of a notice of lien being recorded by the Department at the Recorder of Deeds office in the county where such real property is located.

(d) The lien may be released by the Department recording a release of lien form at the Recorder of Deeds office in the county where the real property is located.

(e) Any lien imposed pursuant to this section shall dissolve and be null and void upon the individual’s discharge from the long-term care facility and return home. Any such lien shall be released by the Department upon such discharge.

69 Del. Laws, c. 392, § 1; 70 Del. Laws, c. 545, §§ 3-5.