Montana Code 53-6-179. Payment of amount due — periodic payments — substitute security
53-6-179. Payment of amount due — periodic payments — substitute security. (1) If the total amount due to the department to satisfy a lien imposed under 53-6-171 through 53-6-188 is paid, the department may not file an application under 53-6-175, shall withdraw its application if the application has already been filed, or shall instruct the sheriff to cancel the sale proceedings.
Terms Used In Montana Code 53-6-179
- 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
- Recoverable medical assistance: means a payment pursuant to this part, including but not limited to a payment made for items or services provided to and insurance premiums, deductibles, and coinsurance paid on behalf of a recipient who:
(i)during the recipient's lifetime, was an inpatient in a nursing facility, intermediate care facility for the developmentally disabled, or institution for mental disease and, with respect to that institutionalization, the department determined under 53-6-171 that the person was not reasonably expected to be discharged and return home; or
(ii)was at least 55 years of age or younger if allowed by 42 U. See Montana Code 53-6-165
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
(2)In lieu of applying for a writ of execution, the department may agree with the heirs or devisees of the recipient to accept periodic payments for the repayment of recoverable medical assistance or may agree with the recipient’s surviving spouse to accept substitute security and partial payment. The department may agree to periodic payments or substitute security if the terms of agreement, including security for repayment, are acceptable to the department and if the agreement does not reduce the amount due or the likelihood of recovering the amount due. The department may delay filing an application for issuance of a writ of execution for purposes of conducting negotiations for an agreement in lieu of execution.