Utah Code 26B-3-1021. Expenditures included in lien

26B-3-1021. Expenditures included in lien — Other proceedings.

(1)

A TEFRA lien imposed on real property under Sections 26B-3-1015 through 26B-3-1023 includes all expenses relating to medical assistance provided or paid for under the state plan from the first day that the individual is placed in a care facility, regardless of when the lien is imposed or filed on the property.

Terms Used In Utah Code 26B-3-1021

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

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

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

State plan: means the state Medicaid program as enacted in accordance with Title XIX, federal Social Security Act. See Utah Code 26B-3-1001

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)

Nothing in Sections 26B-3-1015 through 26B-3-1023 affect or prevent the department from bringing or pursuing any other legally authorized action to recover medical assistance or to set aside a fraudulent or improper conveyance.

Renumbered and Amended by Chapter 306, 2023 General Session

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Utah Code 26B-3-1021. Expenditures included in lien — Other proceedings

Terms Used In Utah Code 26B-3-1021