Title 26B
Chapter 3
Part 10
Section 1015
| Index | Utah Code |
| Title 26B | Utah Health and Human Services Code |
| Chapter 3 | Health Care - Administration and Assistance |
| Part 10 | Medical Benefits Recovery |
| Section 1015 | TEFRA liens authorized -- Grounds for TEFRA liens -- Exemptions.
(Effective 5/3/2023)
|
Effective 5/3/2023
26B-3-1015.
TEFRA liens authorized -- Grounds for TEFRA liens -- Exemptions.
| (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:
| (a) |
the individual is an inpatient in a care facility; |
| (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 |
| (c) |
the department determines that the individual cannot reasonably be expected to:
| (i) |
be discharged from the care facility; and |
| (ii) |
return to the individual's home. |
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| (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:
| (a) |
the spouse of the individual; |
| (b) |
a child of the individual, if the child is:
| (i) |
under 21 years old; or |
| (ii) |
blind or permanently and totally disabled, as defined in Title 42 U.S.C. Sec. 1382c(a)(3)(F); or |
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| (c) |
a sibling of the individual, if the sibling:
| (i) |
has an equity interest in the home; and |
| (ii) |
resided in the home for at least one year immediately preceding the day on which the individual was admitted to the care facility. |
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| (3) |
The department may not impose a TEFRA lien on the real property of an individual, unless:
| (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; |
| (b) |
the department serves:
| (i) |
a preliminary notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1017; and |
| (ii) |
a final notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1018; and |
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Renumbered and Amended by Chapter
306, 2023 General Session