63.2-409 - No lien to attach to property of applicant or recipient; release of existing unforeclosed liens. - Virginia Statutes

§ 63.2-409. No lien to attach to property of applicant or recipient; releaseof existing unforeclosed liens.

No lien in favor of the Commonwealth or any of its political subdivisionsshall be claimed against, levied or attached to the real or personal propertyof any applicant for or recipient of public assistance or social services asa condition of eligibility therefor or to recover such aid following thedeath of such applicant or recipient except applicants for or recipients oflong-term care nursing facility benefits paid for by the Department ofMedical Assistance Services. However, this section shall not bar any actionby the Commonwealth or a local department that seeks reimbursement for partor all of the costs incurred by the Commonwealth or local department for careand maintenance provided to an applicant of the Federal Supplemental SecurityIncome program during the application period when such applicant becomeseligible for the program retroactive to the date of application. In addition,this section shall not be construed to bar any action by the Commonwealth ora local department that seeks reimbursement for public assistance paidthrough the Temporary Assistance for Needy Families or refugee programs whilethe family attempts to dispose of real property which together with otherresources causes its total resources to be in excess of the state's allowablereserve.

(1970, c. 753, § 63.1-133.1; 1977, c. 83; 1985, c. 293; 1993, cc. 953, 989;2002, c. 747.)