Terms Used In Utah Code > Title 26B > Chapter 3 > Part 10 - Medical Benefits Recovery

• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appurtenant easement: means an easement tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Care facility: means :
       (2)(a) a nursing facility;
       (2)(b) an intermediate care facility for an individual with an intellectual disability; or
       (2)(c) any other medical institution. See Utah Code 26B-3-1001
• Certified copy: means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe. See Utah Code 57-1-1
• Charge: means the admission price or fee asked in return for permission to enter or go upon the land. See Utah Code 57-14-102
• Child: means an individual who is 16 years old or younger. See Utah Code 57-14-102
• Claim: means :
       (3)(a) a request or demand for payment; or
       (3)(b) a cause of action for money or damages arising under any law. See Utah Code 26B-3-1001
• Common-interest community: means :
       (2)(a) an association of unit owners, as defined in Section 57-8-3;
       (2)(b) an association, as defined in Section 57-8a-102; or
       (2)(c) a cooperative, as defined in Section 57-23-2. See Utah Code 57-13c-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservation easement: means a nonpossessory property interest created for one or more of the following conservation purposes:
       (3)(a) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property;
       (3)(b) ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses;
       (3)(c) protecting natural resources, including wetlands, grasslands, and riparian areas;
       (3)(d) maintaining or enhancing air or water quality;
       (3)(e) preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property; or
       (3)(f) any other purpose under Chapter 18, Land Conservation Easement Act. See Utah Code 57-13c-101
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Dependent: A person dependent for support upon another.
• Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
• Dominant estate: means an estate or interest in real property benefitted by an appurtenant easement. See Utah Code 57-13c-101
• Easement: means a nonpossessory property interest that:
       (5)(a) provides a right to enter, use, or enjoy real property owned by or in the possession of another; and
       (5)(b) imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law. See Utah Code 57-13c-101
• Easement holder: means :
       (6)(a) in the case of an appurtenant easement, the dominant estate owner; or
       (6)(b) in the case of an easement in gross, a public-entity easement, a public-utility easement, a conservation easement, or a negative easement, the grantee of the easement or a successor. See Utah Code 57-13c-101
• Easement in gross: means an easement not tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
• Employee welfare benefit plan: means a medical insurance plan developed by an employer under Utah Code 26B-3-1001
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fraud: Intentional deception resulting in injury to another.
• Grantor: The person who establishes a trust and places property into it.
• Health insurance entity: means :
       (5)(a) an insurer;
       (5)(b) a person who administers, manages, provides, offers, sells, carries, or underwrites health insurance, as defined in Section 31A-1-301;
       (5)(c) a self-insured plan;
       (5)(d) a group health plan, as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974;
       (5)(e) a service benefit plan;
       (5)(f) a managed care organization;
       (5)(g) a pharmacy benefit manager;
       (5)(h) an employee welfare benefit plan; or
       (5)(i) a person who is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. See Utah Code 26B-3-1001
• Highway: means the same as that term is defined in Section 72-1-102. See Utah Code 57-13c-101
• historical livestock trail: means property over which livestock has historically traveled to or from a grazing area or market. See Utah Code 57-13b-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inpatient: means an individual who is a patient and a resident of a care facility. See Utah Code 26B-3-1001
• Insurer: includes :
       (7)(a) a group health plan as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974;
       (7)(b) a health maintenance organization; and
       (7)(c) any entity offering a health service benefit plan. See Utah Code 26B-3-1001
• Intellectual disability: means a significant, subaverage general intellectual functioning that:
       (16)(a) exists concurrently with deficits in adaptive behavior; and
       (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
• Inter vivos: Transfer of property from one living person to another living person.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes roads, railway corridors, water, water courses, private ways and buildings, structures, and machinery or equipment when attached to the realty. See Utah Code 57-14-102
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lessee of record: means a person holding a lessee's interest under a recorded lease or memorandum of lease. See Utah Code 57-13c-101
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101
• Medical assistance: means :
       (8)(a) all funds expended for the benefit of a recipient under this chapter or Titles XVIII and XIX, federal Social Security Act; and
       (8)(b) any other services provided for the benefit of a recipient by a prepaid health care delivery system under contract with the department. See Utah Code 26B-3-1001
• Mobile home: means a transportable structure in one or more sections with the plumbing, heating, and electrical systems contained within the unit, which when erected on a site, may be used with or without a permanent foundation as a family dwelling. See Utah Code 57-16-3
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Negative easement: means a nonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate. See Utah Code 57-13c-101
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office of Recovery Services: means the Office of Recovery Services within the department. See Utah Code 26B-3-1001
• Owner: means the possessor of any interest in the land, whether public or private land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land. See Utah Code 57-14-102
• Person: means an individual, an estate, a business or a nonprofit entity, a public corporation, a government or governmental subdivision, an agency, or an instrumentality, or other legal entity. See Utah Code 57-13c-101
• Person: includes any person, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes. See Utah Code 57-14-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Provider: means a person or entity who provides services to a recipient. See Utah Code 26B-3-1001
• Public entity: means :
       (12)(a) the United States;
       (12)(b) an agency of the United States;
       (12)(c) the state;
       (12)(d) a political subdivision of the state; or
       (12)(e) an agency of the state or a political subdivision of the state. See Utah Code 57-13c-101
• Public transit facility: means the same as that term is defined in Section 72-1-102. See Utah Code 57-13c-101
• Public utility: means the same as that term is defined in Section 54-2-1. See Utah Code 57-13c-101
• Public-entity easement: means a nonpossessory property interest in which the easement holder is a public entity. See Utah Code 57-13c-101
• Public-utility easement: includes :
            (15)(b)(i) an easement benefitting an intrastate utility, an interstate utility, or a utility cooperative;
            (15)(b)(ii) a protected utility easement as defined in Section 54-3-27; and
            (15)(b)(iii) a public utility easement as defined in Section 54-3-27. See Utah Code 57-13c-101
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: includes :
            (17)(b)(i) the interest of a lessor and lessee; and
            (17)(b)(ii) an interest in a common-interest community, unless the interest is personal property under Chapter 23, Real Estate Cooperative Marketing Act. See Utah Code 57-13c-101
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Recipient: means :
       (11)(a) an individual who has applied for or received medical assistance from the state;
       (11)(b) the guardian, conservator, or other personal representative of an individual under Subsection (11)(a) if the individual is a minor or an incapacitated person; or
       (11)(c) the estate and survivors of an individual under Subsection (11)(a), if the individual is deceased. See Utah Code 26B-3-1001
• Recovery estate: means , regarding a deceased recipient:
       (12)(a) all real and personal property or other assets included within a decedent's estate as defined in Section 75-1-201;
       (12)(b) the decedent's augmented estate as defined in Section 75-2-203; and
       (12)(c) that part of other real or personal property in which the decedent had a legal interest at the time of death including assets conveyed to a survivor, heir, or assign of the decedent through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement. See Utah Code 26B-3-1001
• Recreational purpose: includes any of the following or any combination of the following:
       (6)(a) hunting;
       (6)(b) fishing;
       (6)(c) swimming;
       (6)(d) skiing;
       (6)(e) snowshoeing;
       (6)(f) camping;
       (6)(g) picnicking;
       (6)(h) hiking;
       (6)(i) studying nature;
       (6)(j) waterskiing;
       (6)(k) engaging in water sports;
       (6)(l) engaging in equestrian activities;
       (6)(m) using boats;
       (6)(n) mountain biking;
       (6)(o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch gauge;
       (6)(p) using off-highway vehicles or recreational vehicles;
       (6)(q) viewing or enjoying historical, archaeological, scenic, or scientific sites;
       (6)(r) aircraft operations;
       (6)(s) equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller skating, ice skating, walking, running, jogging, bike riding, or in-line skating;
       (6)(t) rock climbing; or
       (6)(u) any other similar activity or combination of similar activities. See Utah Code 57-14-102
• Security instrument: includes :
            (19)(b)(i) a security instrument that also creates or provides for a security interest in personal property;
            (19)(b)(ii) a modification or amendment of a security instrument; and
            (19)(b)(iii) a record creating a lien on real property to secure an obligation under a covenant running with the real property or owed by a unit owner in a common-interest community. See Utah Code 57-13c-101
• Security-interest holder of record: means a person holding an interest in real property created by a recorded security instrument. See Utah Code 57-13c-101
• Serious physical injury: means any physical injury or set of physical injuries that:
       (7)(a) seriously impairs a person's health;
       (7)(b) was caused by use of a dangerous weapon as defined in Section Utah Code 57-14-102
• Servient estate: means an estate or interest in real property that is burdened by an easement. See Utah Code 57-13c-101
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State plan: means the state Medicaid program as enacted in accordance with Title XIX, federal Social Security Act. See Utah Code 26B-3-1001
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Summons: Another word for subpoena used by the criminal justice system.
• TEFRA lien: means a lien, authorized under the Tax Equity and Fiscal Responsibility Act of 1982, against the real property of an individual prior to the individual's death, as described in Utah Code 26B-3-1001
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Third party: includes :
       (15)(a) an individual, institution, corporation, public or private agency, trust, estate, insurance carrier, employee welfare benefit plan, health maintenance organization, health service organization, preferred provider organization, governmental program such as Medicare, CHAMPUS, and workers' compensation, which may be obligated to pay all or part of the medical costs of injury, disease, or disability of a recipient, unless any of these are excluded by department rule; and
       (15)(b) a spouse or a parent who:

            (15)(b)(i) may be obligated to pay all or part of the medical costs of a recipient under law or by court or administrative order; or

            (15)(b)(ii) has been ordered to maintain health, dental, or accident and health insurance to cover medical expenses of a spouse or dependent child by court or administrative order. See Utah Code 26B-3-1001
• Trespasser: means a person who enters on the land of another without:
       (8)(a) express or implied permission; or
       (8)(b) invitation. See Utah Code 57-14-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Unit: means a physical portion of a common-interest community designated for separate ownership or occupancy with boundaries described in a declaration establishing the common-interest community. See Utah Code 57-13c-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utility cooperative: includes an electric cooperative, a rural electric cooperative, a rural water district, and a rural water association. See Utah Code 57-13c-101
• Water conveyance: means a canal, ditch, pipeline, or other means of conveying water. See Utah Code 57-13a-101
• Water user: means a water user or the water user's predecessor whose water being conveyed is represented by a water right recognized under state law or by shares in a mutual irrigation company. See Utah Code 57-13a-101
• Water-conveyance easement: means a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage, culinary or industrial water, or a federal water project facility. See Utah Code 57-13c-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5