Sec. 5. (a) The office shall obtain a lien under this chapter by filing a notice of lien with the recorder of the county in which the real property subject to the lien is located. The notice shall be filed prior to the recipient’s death and shall include the following:

(1) The name and place of residence of the individual against whose property the lien is asserted.

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Terms Used In Indiana Code 12-15-8.5-5

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
(2) A legal description of the real property subject to the lien.

     (b) Upon the office’s request, the county auditor or assessor of a county shall furnish the office with the legal description of any property in the county registered to the recipient.

     (c) The office shall file one (1) copy of the notice of lien with the division of family resources in the county in which the real property is located. The division of family resources shall retain a copy of the notice with the records of the division of family resources.

     (d) The office shall provide one (1) copy of the notice of lien to the recipient or the Medicaid recipient’s authorized representative, if applicable, whose real property is affected.

As added by P.L.178-2002, SEC.81. Amended by P.L.128-2012, SEC.13.

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