Kentucky Statutes 205.8471 – Lien on property of provider or recipient defrauding Medicaid program
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(1) The Commonwealth shall have a lien against all property of any provider or recipient who is found to have defrauded the Medicaid program for an amount equal to the sum defrauded plus any interest and penalties levied under KRS § 205.8451 to
205.8483. The lien shall attach to all property and rights to property owned by the provider or recipient and all property subsequently acquired after a finding of fraud by the Cabinet for Health and Family Services.
(2) The lien imposed by subsection (1) of this section shall not be defeated by gift, devise, sale, alienation, or any other means, and shall include the sum defrauded and all interest, penalties, fees, or other expenses associated with collection of the debt. The lien shall have priority over any other lien or obligation against the property, except as provided in subsection (3) of this section.
(3) The lien imposed by subsection (1) of this section shall not be valid as against any purchaser, judgment lien creditor, or holder of a security interest or mechanic’s lien which was filed prior to the date on which notice of the lien created by this section is filed by the secretary for health and family services or his designee with the county clerk of the county or counties in which the provider’s business or residence is located, or in any county in which the taxpayer has an interest in property. The notice of lien shall be recorded in the same manner as the notice of lis pendens.
(4) The secretary for health and family services shall issue a partial release of any part of the property subject to lien upon payment by the debtor of that portion of the debt and any interest, penalty, or fees covered by the lien on that property.
(5) The secretary for health and family services may enforce the lien created pursuant to this section in the manner provided for the enforcement of statutory liens under KRS § 376.110 to KRS § 376.130.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 283, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 426, sec. 230, effective July 15, 1998. — Created 1994 Ky. Acts ch. 96, sec. 11, effective July 15, 1994; and ch. 316, sec. 11, effective July 15, 1994.
205.8483. The lien shall attach to all property and rights to property owned by the provider or recipient and all property subsequently acquired after a finding of fraud by the Cabinet for Health and Family Services.
Terms Used In Kentucky Statutes 205.8471
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 205.010
- Devise: To gift property by will.
- Fraud: Intentional deception resulting in injury to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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.
- Secretary: means the secretary for health and family services or his authorized representative. See Kentucky Statutes 205.010
(2) The lien imposed by subsection (1) of this section shall not be defeated by gift, devise, sale, alienation, or any other means, and shall include the sum defrauded and all interest, penalties, fees, or other expenses associated with collection of the debt. The lien shall have priority over any other lien or obligation against the property, except as provided in subsection (3) of this section.
(3) The lien imposed by subsection (1) of this section shall not be valid as against any purchaser, judgment lien creditor, or holder of a security interest or mechanic’s lien which was filed prior to the date on which notice of the lien created by this section is filed by the secretary for health and family services or his designee with the county clerk of the county or counties in which the provider’s business or residence is located, or in any county in which the taxpayer has an interest in property. The notice of lien shall be recorded in the same manner as the notice of lis pendens.
(4) The secretary for health and family services shall issue a partial release of any part of the property subject to lien upon payment by the debtor of that portion of the debt and any interest, penalty, or fees covered by the lien on that property.
(5) The secretary for health and family services may enforce the lien created pursuant to this section in the manner provided for the enforcement of statutory liens under KRS § 376.110 to KRS § 376.130.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 283, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 426, sec. 230, effective July 15, 1998. — Created 1994 Ky. Acts ch. 96, sec. 11, effective July 15, 1994; and ch. 316, sec. 11, effective July 15, 1994.