1. (1) Except as provided in Subsections (2) and (3), the department may impose a TEFRA lien on the real property of an individual for the amount of medical assistance provided for, or to, the individual while the individual is an inpatient in a care facility, if:

   1. (a) the individual is an inpatient in a care facility;
   2. (b) the individual is required, as a condition of receiving services under the state plan, to spend for costs of medical care all but a minimal amount of the individual's income required for personal needs; and

   3. (c) the department determines that the individual cannot reasonably be expected to:

      1. (i) be discharged from the care facility; and
      2. (ii) return to the individual's home.

2. (2) The department may not impose a lien on the home of an individual described in Subsection (1), if any of the following individuals are lawfully residing in the home:

   1. (a) the spouse of the individual;

   2. (b) a child of the individual, if the child is:

      1. (i) under 21 years old; or
      2. (ii) blind or permanently and totally disabled, as defined in Title 42 U.S.C. Sec. 1382c(a)(3)(F); or

   3. (c) a sibling of the individual, if the sibling:

      1. (i) has an equity interest in the home; and
      2. (ii) resided in the home for at least one year immediately preceding the day on which the individual was admitted to the care facility.

3. (3) The department may not impose a TEFRA lien on the real property of an individual, unless:

   1. (a) the individual has been an inpatient in a care facility for the 180-day period immediately preceding the day on which the lien is imposed;

   2. (b) the department serves:

      1. (i) a preliminary notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1017; and
      2. (ii) a final notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1018; and

   3. (c)

      1. (i) the individual does not file a timely request for review of the department's decision under Title 63G, Chapter 4, Administrative Procedures Act; or
      2. (ii) the department's decision is upheld upon final review or appeal under Title 63G, Chapter 4, Administrative Procedures Act.

Renumbered and Amended by Chapter 306, 2023 General Session