1. (1) A TEFRA lien shall dissolve and be removed by the department if the individual described in Subsection 26B-3-1015(1):

   1. (a)

      1. (i) is discharged from the care facility; and
      2. (ii) returns to the individual's home; or

   2. (b) provides sufficient documentation to the department that:

      1. (i) rebuts the presumption described in Section 26B-3-1016; or

      2. (ii) any of the following individuals are lawfully residing in the individual's home:

         1. (A) the spouse of the individual;
         2. (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. Sec. 1382c(a)(3)(F); or
         3. (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. (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.
3. (3) A request filed under Subsection (2) shall be considered and reviewed pursuant to Title 63G, Chapter 4, Administrative Procedures Act.

Renumbered and Amended by Chapter 306, 2023 General Session