§ 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:

(1)(a) a preliminary notice of intent relating to the property is served in accordance with Section 26B-3-1017;
(1)(b) it is at least 30 days after the day on which the preliminary notice of intent was served; and
(1)(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:

(2)(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;
(2)(b) indicate that the department has complied with the requirements for filing the final notice of intent under Subsection (1);
(2)(c) include a statement indicating that, according to the department's records, the individual:
(2)(c)(i) meets the criteria described in Subsections 26B-3-1015(1)(a) and (b);
(2)(c)(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
(2)(c)(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;
(2)(d) indicate that the department intends to impose a TEFRA lien on real property belonging to the individual;
(2)(e) describe the real property that the TEFRA lien will apply to;
(2)(f) describe the current amount of, and purpose of, the TEFRA lien;
(2)(g) indicate that the amount of the lien may continue to increase as the individual continues to receive medical assistance;
(2)(h) describe the circumstances under which a TEFRA lien is required to be released;
(2)(i) describe the circumstances under which the department may seek to recover the lien;
(2)(j) describe the right of the individual to challenge the decision of the department in an adjudicative proceeding; and
(2)(k) indicate that failure by the individual to successfully challenge the decision of the department will result in the TEFRA lien being imposed.

Legislative History

Renumbered and Amended by Chapter 306, 2023 General Session