§ 369. Application of other provisions. 1. All provisions of this\nchapter not inconsistent with this title shall be applicable to medical\nassistance for needy persons and the administration thereof by the\nsocial services districts.\n 2. (a) Notwithstanding any inconsistent provision of this chapter or\nother law, no lien may be imposed against the property of any individual\nprior to his or her death on account of medical assistance paid or to be\npaid on his or her behalf under this title, except:\n (i) pursuant to the judgment of a court on account of benefits\nincorrectly paid on behalf of such individual, or\n (ii) with respect to the real property of an individual who is an\ninpatient in a nursing facility, intermediate care facility for\nindividuals with developmental disabilities, or other medical\ninstitution, who is not reasonably expected to be discharged from the\nmedical institution and to return home, and who is required, as a\ncondition of receiving services in such institution under the state plan\nfor medical assistance, to spend for costs of medical care all but a\nminimal amount of his or her income required for personal needs;\nprovided, however, any such lien will dissolve upon the individual's\ndischarge from the medical institution and return home; in addition, no\nsuch lien may be imposed on the individual's home if one of the\nfollowing persons is lawfully residing in the home:\n (A) the spouse of the individual;\n (B) a child of the individual who is under twenty-one years of age or\nwho is blind or permanently and totally disabled; or\n (C) a sibling of the individual who has an equity interest in the home\nand who was residing in the home for a period of at least one year\nimmediately before the date of the individual's admission to the medical\ninstitution.\n (b) (i) Notwithstanding any inconsistent provision of this chapter or\nother law, no adjustment or recovery may be made against the property of\nany individual on account of any medical assistance correctly paid to or\non behalf of an individual under this title, except that recoveries must\nbe pursued:\n (A) upon the sale of the property subject to a lien imposed on account\nof medical assistance paid to an individual described in clause (ii) of\nparagraph (a) of this subdivision, or from the estate of such\nindividual; and\n (B) from the estate of an individual who was fifty-five years of age\nor older when he or she received such assistance, provided that for\nindividuals whose eligibility for medical assistance was based on\nparagraph (b) of subdivision one of section three hundred sixty-six of\nthis title, recovery shall be limited to medical assistance consisting\nof nursing facility services, home and community-based services, and\nrelated hospital and prescription drug services.\n (ii) Any such adjustment or recovery shall be made only after the\ndeath of the individual's surviving spouse, if any, and only at a time\nwhen the individual has no surviving child who is under twenty-one years\nof age or is blind or permanently and totally disabled, provided,\nhowever, that nothing herein contained shall be construed to prohibit\nany adjustment or recovery for medical assistance furnished pursuant to\nsubdivision three of section three hundred sixty-six of this chapter.\n (iii) In the case of a lien on an individual's home, any such\nadjustment or recovery shall be made only when:\n (A) no sibling of the individual who was residing in the individual's\nhome for a period of at least one year immediately before the date of\nthe individual's admission to a medical institution referred to in\nsubparagraph (ii) of paragraph (a) of subdivision two of this section,\nand is lawfully residing in such home and has lawfully resided in such\nhome on a continuous basis since the date of the individual's admission\nto the medical institution, and\n (B) no child of the individual who was residing in the individual's\nhome for a period of at
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