Montana Code 53-6-185. Disposition of sale proceeds — application of recovered medical assistance
53-6-185. Disposition of sale proceeds — application of recovered medical assistance. (1) The proceeds of a sale of property sold pursuant to a writ of execution issued under 53-6-183 must be distributed in the following order:
Terms Used In Montana Code 53-6-185
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-155
- Property: means real and personal property. 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
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)as satisfaction of any unpaid property taxes and prior recorded interests as described in 53-6-174(2);
(b)as payment of any claims under 53-6-186(3) and (4);
(c)to the department for application to any costs incurred under 53-6-186(1) and (2) or incurred in collection;
(d)to the department for recoverable medical assistance.
(2)The department shall apply any funds received under subsection (1)(d) proportionately to the federal and state shares of recoverable medical assistance.
(3)Any excess funds remaining after application of proceeds to recoverable medical assistance must be paid to the recipient, if living, or otherwise to the recipient’s representative or successor in interest.