26B-3-1018. Final notice of intent to impose a TEFRA lien.
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/ut/title-26b/chapter-3/26b-3-1018·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/3/2023
26B-3-1018. Final notice of intent to impose a TEFRA lien.
(1)The department may issue a final notice of intent to impose a TEFRA lien on real property if:
(a)a preliminary notice of intent relating to the property is served in accordance with Section 26B-3-1017 ;
(b)it is at least 30 days after the day on which the preliminary notice of intent was served; and
(c)the department has not received documentation or other evidence that adequately establishes that a TEFRA lien may not be imposed on the real property.
(2)The final notice of intent to impose a TEFRA lien on real property shall:
(a)be served in person, or by certified mail, on the individual described in Subsection 26B-3-1015(1) , who owns the property, and, if the department is aware that the individual has a legally authorized representative, on the representative;
(b)indicate that the department has complied with the requirements for filing the final notice of intent under Subsection
(1);
(c)include a statement indicating that, according to the department's records, the individual:
(i)meets the criteria described in Subsections 26B-3-1015(1)(a) and
(b);
(ii)has been an inpatient in a care facility for a period of at least 180 days immediately preceding the day on which the department provides the notice to the individual; and
(iii)is legally presumed to be in a condition where it cannot reasonably be expected that the individual will be discharged from the care facility and return to the individual's home;
(d)indicate that the department intends to impose a TEFRA lien on real property belonging to the individual;
(e)describe the real property that the TEFRA lien will apply to;
(f)describe the current amount of, and purpose of, the TEFRA lien;
(g)indicate that the amount of the lien may continue to increase as the individual continues to receive medical assistance;
(h)describe the circumstances under which a TEFRA lien is required to be released;
(i)describe the circumstances under which the department may seek to recover the lien;
(j)describe the right of the individual to challenge the decision of the department in an adjudicative proceeding; and
(k)indicate that failure by the individual to successfully challenge the decision of the department will result in the TEFRA lien being imposed.
Renumbered and Amended by Chapter 306 , 2023 General Session