Utah Code 26B-3-1018. Final notice of intent to impose a TEFRA lien

26B-3-1018. Final notice of intent to impose a TEFRA lien.

(1)

The department may issue a final notice of intent to impose a TEFRA lien on real property if:

Terms Used In Utah Code 26B-3-1018

Adjudicative proceeding: means :Utah Code 68-3-12.5
Care facility: means :

(a)	a nursing facility;

(b)	an intermediate care facility for an individual with an intellectual disability; or

(c)

any other medical institution. See Utah Code 26B-3-1001

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

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

Person: means :Utah Code 68-3-12.5

Property: includes both real and personal property. See Utah Code 68-3-12.5

real property: includes :Utah Code 68-3-12.5

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

(a)

a preliminary notice of intent relating to the property is served in accordance with Section 26B-3-1017;

(b)	it is at least 30 days after the day on which the preliminary notice of intent was served; and

(c)	the department has not received documentation or other evidence that adequately establishes that a TEFRA lien may not be imposed on the real property.

(2)

The final notice of intent to impose a TEFRA lien on real property shall:

(a)	be served in person, or by certified mail, on the individual described in Subsection 26B-3-1015(1), who owns the property, and, if the department is aware that the individual has a legally authorized representative, on the representative;

(b)	indicate that the department has complied with the requirements for filing the final notice of intent under Subsection (1);

(c)

include a statement indicating that, according to the department’s records, the individual:

(i)	meets the criteria described in Subsections 26B-3-1015(1)(a) and (b);

(ii)	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;

(d)	indicate that the department intends to impose a TEFRA lien on real property belonging to the individual;

(e)	describe the real property that the TEFRA lien will apply to;

(f)	describe the current amount of, and purpose of, the TEFRA lien;

(g)	indicate that the amount of the lien may continue to increase as the individual continues to receive medical assistance;

(h)	describe the circumstances under which a TEFRA lien is required to be released;

(i)	describe the circumstances under which the department may seek to recover the lien;

(j)	describe the right of the individual to challenge the decision of the department in an adjudicative proceeding; and

(k)	indicate that failure by the individual to successfully challenge the decision of the department will result in the TEFRA lien being imposed.

Renumbered and Amended by Chapter 306, 2023 General Session

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