Utah Code 26B-3-1015. TEFRA liens authorized — Grounds for TEFRA liens — Exemptions
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(1) Except as provided in Subsections (2) and (3), the department may impose a TEFRA lien on the real property of an individual for the amount of medical assistance provided for, or to, the individual while the individual is an inpatient in a care facility, if:
Terms Used In Utah Code 26B-3-1015
- 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.
- 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
- Inpatient: means an individual who is a patient and a resident of a care facility. See Utah Code 26B-3-1001
- 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- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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- State plan: means the state Medicaid program as enacted in accordance with Title XIX, federal Social Security Act. See Utah Code 26B-3-1001
- 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
(1)(a) the individual is an inpatient in a care facility;(1)(b) the individual is required, as a condition of receiving services under the state plan, to spend for costs of medical care all but a minimal amount of the individual’s income required for personal needs; and(1)(c) the department determines that the individual cannot reasonably be expected to:(1)(c)(i) be discharged from the care facility; and(1)(c)(ii) return to the individual’s home.(2) The department may not impose a lien on the home of an individual described in Subsection (1), if any of the following individuals are lawfully residing in the home:(2)(a) the spouse of the individual;(2)(b) a child of the individual, if the child is:(2)(b)(i) under 21 years old; or(2)(b)(ii) blind or permanently and totally disabled, as defined inTitle 42 U.S.C. Sec. 1382c(a)(3)(F); or(2)(c) a sibling of the individual, if the sibling:(2)(c)(i) has an equity interest in the home; and(2)(c)(ii) resided in the home for at least one year immediately preceding the day on which the individual was admitted to the care facility.(3) The department may not impose a TEFRA lien on the real property of an individual, unless:(3)(a) the individual has been an inpatient in a care facility for the 180-day period immediately preceding the day on which the lien is imposed;(3)(b) the department serves:(3)(b)(i) a preliminary notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1017; and(3)(b)(ii) a final notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1018; and(3)(c)(3)(c)(i) the individual does not file a timely request for review of the department’s decision under Title 63G, Chapter 4, Administrative Procedures Act; or(3)(c)(ii) the department’s decision is upheld upon final review or appeal under Title 63G, Chapter 4, Administrative Procedures Act.