Montana Code 53-6-173. Contents of lien document — scope of obligation secured
53-6-173. Contents of lien document — scope of obligation secured. (1) The lien must contain the name and address of the recipient who owns an interest in the property, a legal description of the property, and an address and telephone number of the office or representative of the department who can provide more information about the lien. The lien applies only to the property described in the lien.
Terms Used In Montana Code 53-6-173
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-155
- Document: means any application, claim, form, report, record, writing, or correspondence, whether in written, electronic, magnetic, or other form. See Montana Code 53-6-155
- Lien: A claim against real or personal property in satisfaction of a debt.
- Medicaid: means the Montana medical assistance program established under Title 53, chapter 6. See Montana Code 53-6-155
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- 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
- 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
(2)The lien need not be executed by or on behalf of the medicaid recipient, but it must be executed by an authorized agent or employee of the department. The execution must be acknowledged as provided in 70-21-203.
(3)The lien need not state the specific amount of medical assistance repayment owed. The lien is sufficient to secure repayment of past, current, and future recoverable medical assistance if the lien states that:
(a)the lien is imposed under 53-6-171 through 53-6-188 to secure the described property for recovery of medical assistance paid on behalf of the recipient prior to, on, and after the date of the lien; and
(b)the amount paid for recoverable medical assistance is due upon sale, transfer, or exchange of any right, title, or interest of the recipient in the property or upon the recipient’s death.