Montana Code 53-6-178. Department right of recovery — limitations
53-6-178. Department right of recovery — limitations. (1) Except as provided in 53-6-180, 53-6-182, and this section, the department may collect upon its lien as provided in 53-6-171 through 53-6-188.
Terms Used In Montana Code 53-6-178
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-155
- Lien: A claim against real or personal property in satisfaction of a debt.
- Recipient: means a person:
(a)who has been determined by a medicaid agency to be eligible for medicaid benefits, whether or not the person actually has received any benefits; or
(b)who actually receives medicaid benefits, whether or not determined eligible. See Montana Code 53-6-155
- Recovery: means legal action brought for the payment or repayment of recoverable medical assistance or amounts of money paid for other purposes. See Montana Code 53-6-165
(2)The department may not recover upon a lien imposed on the recipient‘s home under 53-6-171 while the recipient’s sibling or child who has resided lawfully and continuously in the home for at least 18 months immediately before the recipient’s institutionalization continues to lawfully reside in the home. This subsection does not preclude the department from recovering under 53-6-167, 53-6-168, or 53-6-169.
(3)The department may not recover on a lien imposed under 53-6-171 while there is a surviving spouse of the recipient or while there is a surviving child of the recipient who is under 21 years of age, blind, or permanently and totally disabled. This subsection does not preclude the department from later recovery in accordance with 53-6-181.