Montana § 53-6-178 Department Right Of Recovery -- Limitations

Montana Statutes

§ 53-6-178 — Department Right Of Recovery -- Limitations

Montana § 53-6-178

Title 53SOCIAL SERVICES AND INSTITUTIONS

Ch. 6HEALTH CARE SERVICES

Part 1Medical Assistance -- Medicaid

This text of Montana § 53-6-178 (Department Right Of Recovery -- Limitations) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 53-6-178 (2026).

Text

53-6-178 . Department right of recovery -- limitations.

(1)Except as provided in 53-6-180 , 53-6-182 , and this section, the department may collect upon its lien as provided in 53-6-171 through 53-6-188 .

(2)The department may not recover upon a lien imposed on the recipient's home under 53-6-171 while the recipient's sibling or child who has resided lawfully and continuously in the home for at least 18 months immediately before the recipient's institutionalization continues to lawfully reside in the home. This subsection does not preclude the department from recovering under 53-6-167 , 53-6-168 , or 53-6-169 .

(3)The department may not recover on a lien imposed under 53-6-171 while there is a surviving spouse of the recipient or while there is a surviving child of the recipient who is

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53-6-178 . Department right of recovery -- limitations. (1) Except as provided in 53-6-180 , 53-6-182 , and this section, the department may collect upon its lien as provided in 53-6-171 through 53-6-188 .
(2) The department may not recover upon a lien imposed on the recipient's home under 53-6-171 while the recipient's sibling or child who has resided lawfully and continuously in the home for at least 18 months immediately before the recipient's institutionalization continues to lawfully reside in the home. This subsection does not preclude the department from recovering under 53-6-167 , 53-6-168 , or 53-6-169 .
(3) The department may not recover on a lien imposed under 53-6-171 while there is a surviving spouse of the recipient or while there is a surviving child of the recipient who is under 21 years of age, blind, or permanently and totally disabled. This subsection does not preclude the department from later recovery in accordance with 53-6-181 .