5/3/2023Renumbered and Amended by Chapter 306, 2023 General Session2023TEFRA liens authorized -- Grounds for TEFRA liens -- Exemptions. 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: the individual is an inpatient in a care facility; 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 the department determines that the individual cannot reasonably be expected to: be discharged from the care facility; and return to the individual's home. 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: the spouse of the individual; a child of the individual, if the child is: under 21 years old; or blind or permanently and totally disabled, as defined in Title 42 U.S.C. Sec. 1382c(a)(3)(F); or a sibling of the individual, if the sibling: has an equity interest in the home; and resided in the home for at least one year immediately preceding the day on which the individual was admitted to the care facility. The department may not impose a TEFRA lien on the real property of an individual, unless: 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; the department serves: a preliminary notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1017; and a final notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1018; and the individual does not file a timely request for review of the department's decision under Title 63G, Chapter 4, Administrative Procedures Act; or the department's decision is upheld upon final review or appeal under Title 63G, Chapter 4, Administrative Procedures Act.