Sec. 8. (a) This section does not apply to a lien on a Medicaid recipient’s real property under IC 12-15-8.5.

     (b) This section applies only to a lien on a recovery under section 1 or section 2 of this chapter.

Terms Used In Indiana Code 12-15-8-8

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Lien: A claim against real or personal property in satisfaction of a debt.
     (c) The office shall pay attorney‘s fees in the amount of one (1) of the following:

(1) Twenty-five percent (25%) of the office’s recovery under the lien if the claim was collected without initiating legal proceedings.

(2) Thirty-three and one-third percent (33 1/3%) of the office’s recovery under the lien if the claim was collected by initiating legal proceedings.

[Pre-1992 Revision Citation: 12-1-7-24.6(g).]

As added by P.L.2-1992, SEC.9. Amended by P.L.224-2003, SEC.81; P.L.236-2007, SEC.1.