26B-3-1017. Preliminary notice of intent to impose a TEFRA lien.
(1)
Prior to imposing a TEFRA lien on real property, the department shall serve a preliminary notice of intent to impose a TEFRA lien, on the individual described in Subsection 26B-3-1015(1), who owns the property.
Terms Used In Utah Code 26B-3-1017
Care facility: means :
(a)
a nursing facility;
(b)
an intermediate care facility for an individual with an intellectual disability; or
Inpatient: means an individual who is a patient and a resident of a care facility. See Utah Code 26B-3-1001
Lien: A claim against real or personal property in satisfaction of a debt.
Medical assistance: means :
(a)
all funds expended for the benefit of a recipient under this chapter or Titles XVIII and XIX, federal Social Security Act; and
(b)
any other services provided for the benefit of a recipient by a prepaid health care delivery system under contract with the department. See Utah Code 26B-3-1001
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
TEFRA lien: means a lien, authorized under the Tax Equity and Fiscal Responsibility Act of 1982, against the real property of an individual prior to the individual's death, as described in 42 U. See Utah Code 26B-3-1001
(2)
The preliminary notice of intent shall:
(a)
be served in person, or by certified mail, on the individual described in Subsection 26B-3-1015(1), and, if the department is aware that the individual has a legally authorized representative, on the representative;
(b)
include a statement indicating that, according to the department’s records, the individual:
has been an inpatient in a care facility for a period of at least 180 days immediately preceding the day on which the department provides the notice to the individual; and
(iii)
is legally presumed to be in a condition where it cannot reasonably be expected that the individual will be discharged from the care facility and return to the individual’s home;
(c)
indicate that the department intends to impose a TEFRA lien on real property belonging to the individual;
(d)
describe the real property that the TEFRA lien will apply to;
(e)
describe the current amount of, and purpose of, the TEFRA lien;
(f)
indicate that the amount of the lien may continue to increase as the individual continues to receive medical assistance;
(g)
indicate that the individual may seek to prevent the TEFRA lien from being imposed on the real property by providing documentation to the department that:
(i)
establishes that the individual does not meet the criteria described in Subsection 26B-3-1015(1)(a) or (b);
(ii)
establishes that the individual has not been an inpatient in a care facility for a period of at least 180 days;
(iii)
rebuts the presumption described in Section 26B-3-1016; or
(iv)
establishes that the real property is exempt from imposition of a TEFRA lien under Subsection 26B-3-1015(2);
(h)
indicate that if the owner fails to provide the documentation described in Subsection (2)(g) within 30 days after the day on which the preliminary notice of intent is served, the department will issue a final notice of intent to impose a TEFRA lien on the real property and will proceed to impose the lien;
(i)
identify the type of documentation that the owner may provide to comply with Subsection (2)(g);
(j)
describe the circumstances under which a TEFRA lien is required to be released; and
(k)
describe the circumstances under which the department may seek to recover the lien.
Renumbered and Amended by Chapter 306, 2023 General Session
