Lien: A claim against real or personal property in satisfaction of a debt.
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)
(i)
is discharged from the care facility; and
(ii)
returns to the individual’s home; or
(b)
provides sufficient documentation to the department that:
(i)
rebuts the presumption described in Section 26B-3-1016; or
(ii)
any of the following individuals are lawfully residing in the individual’s home:
(A)
the spouse of the individual;
(B)
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. § 1382c(a)(3)(F); or
(C)
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.
(2)
An individual described in Subsection 26B-3-1015(1)(a) may, at any time after the department has imposed a lien under Sections 26B-3-1015 through 26B-3-1023, file a request for the department to remove the lien.
