26B-3-1015. TEFRA liens authorized -- Grounds for TEFRA liens -- Exemptions.

391 words·~2 min read·/ut/title-26b/chapter-3/26b-3-1015

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)Except as provided in Subsections

(2)and

(3), the department may impose a TEFRA lien on the real property of an individual for the amount of medical assistance provided for, or to, the individual while the individual is an inpatient in a care facility, if:

(a)the individual is an inpatient in a care facility;

(b)the individual is required, as a condition of receiving services under the state plan, to spend for costs of medical care all but a minimal amount of the individual's income required for personal needs; and

(c)the department determines that the individual cannot reasonably be expected to:

(i)be discharged from the care facility; and

(ii)return to the individual's home.

(2)The department may not impose a lien on the home of an individual described in Subsection

(1), if any of the following individuals are lawfully residing in the home:

(a)the spouse of the individual;

(b)a child of the individual, if the child is:

(i)under 21 years old; or

(ii)blind or permanently and totally disabled, as defined in Title 42 U.S.C. Sec. 1382c(a)(3)(F); or

(c)a sibling of the individual, if the sibling:

(i)has an equity interest in the home; and

(ii)resided in the home for at least one year immediately preceding the day on which the individual was admitted to the care facility.

(3)The department may not impose a TEFRA lien on the real property of an individual, unless:

(a)the individual has been an inpatient in a care facility for the 180-day period immediately preceding the day on which the lien is imposed;

(b)the department serves:

(i)a preliminary notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1017 ; and

(ii)a final notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1018 ; and

(i)the individual does not file a timely request for review of the department's decision under Title 63G, Chapter 4, Administrative Procedures Act ; or

(ii)the department's decision is upheld upon final review or appeal under Title 63G, Chapter 4, Administrative Procedures Act .

Renumbered and Amended by Chapter 306 , 2023 General Session