53-6-143. Medical assistance liens and recoveries.
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53-6-143 . Medical assistance liens and recoveries.
(1)Except as provided in this section, the department may not impose a lien upon the property of an applicant for or recipient of medical assistance.
(2)A lien for recovery of medical assistance paid or to be paid under this chapter may be imposed against the real or personal property of a medicaid applicant or recipient prior to the applicant's or recipient's death only:
(a)pursuant to a judgment of a court for recovery of medical assistance paid on behalf of the recipient;
(b)on a third-party recovery as provided in 53-2-612 ;
(c)as provided in 53-6-171 through 53-6-188 ; or
(d)to the extent that the recipient has received medical assistance based upon resources not disregarded pursuant to part 8 of this chapter.
(3)The department may recover medical assistance correctly paid on behalf of a recipient only as provided in 53-2-612 , 53-6-167 through 53-6-169 , or 53-6-171 through 53-6-188 or as provided in a written agreement between the department and the recipient or the recipient's representative pursuant to 42 U.S.C. 1382b(b).
(4)Except as otherwise specifically provided by 53-6-144 , 53-6-165 through 53-6-169 , 53-6-171 through 53-6-189 , and this section, the department may pursue recovery under any section or combination of sections as may be applicable in a particular case. However, the department may not recover pursuant to 53-6-167 through 53-6-169 or 53-6-171 through 53-6-188 more than the total amount of recoverable medical assistance paid on behalf of a recipient, plus any applicable costs, interest, or other charges specifically allowed by law. The fact that the department has or may have a lien on particular property does not preclude the department from pursuing recovery under another section against other assets of the recipient or assets of another person as provided in 53-6-144 , 53-6-165 through 53-6-169 , 53-6-171 through 53-6-189 , and this section.
(5)Except as provided in subsections (5)(a) and (5)(b), the department may not impose a lien under this section upon a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1, or upon the assets of a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1.
(a)The department may impose a lien under this section upon a self-sufficiency trust or upon the assets of a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1, if the department is required by federal law to recover or collect from the trust or its assets as a condition of receiving federal financial participation for the medicaid program.
(b)To the extent otherwise permitted by this section, the department is not precluded from asserting a claim or imposing a lien upon real or personal property prior to transfer of the property to the trust. If the department imposes a lien upon property prior to transfer to a self-sufficiency trust, any transfer of the property to the trust is subject to the lien.