Montana Code 53-6-175. Recovery of medical assistance secured by lien — application for issuance of writ of execution
53-6-175. Recovery of medical assistance secured by lien — application for issuance of writ of execution. (1) After the recipient‘s death or upon the sale, transfer, or exchange of any right, title, or interest of the recipient in the property, the department may file with the clerk of the district court in the county in which the real property is located an application for issuance of a writ of execution for levy on the real property described in the lien. The levy may be for the amount of recoverable medical assistance paid on behalf of the recipient prior to, on, and after the date of the lien, including amounts paid up to the date of sale of the property, plus interest and costs as provided by law. Costs do not include attorney fees.
Terms Used In Montana Code 53-6-175
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-155
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Property: means real and personal property. See Montana Code 1-1-205
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
- Recipient: means a person:
(a)who has been determined by a medicaid agency to be eligible for medicaid benefits, whether or not the person actually has received any benefits; or
(b)who actually receives medicaid benefits, whether or not determined eligible. See Montana Code 53-6-155
- Recoverable medical assistance: means a payment pursuant to this part, including but not limited to a payment made for items or services provided to and insurance premiums, deductibles, and coinsurance paid on behalf of a recipient who:
(i)during the recipient's lifetime, was an inpatient in a nursing facility, intermediate care facility for the developmentally disabled, or institution for mental disease and, with respect to that institutionalization, the department determined under 53-6-171 that the person was not reasonably expected to be discharged and return home; or
(ii)was at least 55 years of age or younger if allowed by 42 U. See Montana Code 53-6-165
- Recovery: means legal action brought for the payment or repayment of recoverable medical assistance or amounts of money paid for other purposes. See Montana Code 53-6-165
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
(2)The application for the writ must be sworn and must contain the following:
(a)the name of the recipient, a legal description of the real property, and a description of the recipient’s interest in the property;
(b)a statement that the department has imposed a lien upon the property under 53-6-171;
(c)a statement that the lien complies with the requirements of 53-6-171 through 53-6-188;
(d)the date upon which the lien was filed and the office in which it was filed;
(e)a description of the sale, transfer, exchange, or other event that entitles the department to recover;
(f)a statement that the lien has not dissolved under 53-6-174(5);
(g)the amount of recoverable medical assistance; the amount of any unreimbursed taxes, insurance costs, maintenance costs, or other costs paid under 53-6-186; and, if applicable, a statement that additional amounts may be paid up to the time that the property is sold in satisfaction of the lien;
(h)a statement that the total amount due has not been paid as of the date of the application for the writ;
(i)a statement that recovery is not prohibited by this section;
(j)the names and addresses of all persons who have a recorded interest in the property, including a recipient or recipient’s estate, co-owner, purchaser, grantee, encumbrancer, mortgagee, and lienholder; and
(k)a request that a writ of execution be issued for sale of the described property if an action is not filed within the time provided for in 53-6-177.
(3)The filing of an application under this section for a writ of execution is not the filing of a legal action, and the requirements applicable to legal actions do not apply to the application or application proceedings.