The department may:

(1) recover medical assistance incorrectly provided, whether due to administrative or factual error or fraud, from the recipient or the recipient’s recovery estate; and

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Terms Used In Utah Code 26B-3-1014

  • Fraud: Intentional deception resulting in injury to another.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • 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
(2) pursuant to a judgment, impose a lien against real property of the recipient.