{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-5051.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-5051.3","heading":"Medical assistance - Homestead lien","body":"A. Pursuant to the provisions of this section, the Oklahoma\n\nHealth Care Authority is authorized to file and enforce a lien\n\nagainst the homestead of a recipient for payments of medical\n\nassistance made by the Authority to the recipient who is an\n\ninpatient of a nursing facility or an intermediate care facility for\n\nindividuals with intellectual disabilities (ICF/IID) if the\n\nAuthority, upon competent medical testimony, determines the\n\nrecipient cannot reasonably be expected to be discharged and\n\nreturned home. A one-year period of compensated inpatient care at a\n\nnursing facility or an ICF/IID shall constitute a determination by\n\nthe Authority that the recipient cannot reasonably be expected to be\n\ndischarged and returned home.\n\nB. Upon certification for Title XIX of the federal Social\n\nSecurity Act payments for a nursing facility or ICF/IID care, the\n\nAuthority shall provide written notice to the recipient that:\n\n1. A one-year period of compensated inpatient care at a nursing\n\nfacility or ICF/IID shall constitute a determination by the\n\nAuthority that the recipient cannot reasonably be expected to be\n\ndischarged and returned home;\n\n2. A lien will be filed against the homestead of the recipient\n\npursuant to the provisions of this section and that the amount of\n\nthe lien shall be for the amount of assistance paid by the Authority\n\nfrom the date the recipient became eligible for compensated\n\ninpatient care at a nursing facility or ICF/IID until the time of\n\nthe filing of the lien and for any amount paid thereafter for such\n\nmedical assistance to the recipient; and\n\n3. The recipient is entitled to a hearing with the Authority\n\nprior to the filing of the lien pursuant to this section.\n\nThe notice shall also contain an explanation of the lien and the\n\neffect the lien will have on the ownership of the homestead of the\n\nrecipient and any other person residing in the homestead. The\n\nnotice shall be signed by the recipient or the legal guardian of the\n\nrecipient acknowledging that the recipient or the legal guardian of\n\nthe recipient understands the notice and the effect that the payment\n\nof medical assistance on the recipient's behalf will have upon the\n\nhomestead of the recipient.\n\nC. The lien filed pursuant to subsection E of this section\n\nshall be for the amount of assistance paid beginning from the date\n\nthe recipient began receiving inpatient care from a nursing facility\n\nor ICF/IID and for any amount paid thereafter for the medical\n\nassistance to the recipient.\n\nD. The Authority shall not file a lien on the homestead of the\n\nrecipient pursuant to subsection E of this section while the\n\nhomestead is the lawful residence of:\n\n1. The surviving spouse of the recipient;\n\n2. A child related to the recipient by blood or marriage who is\n\ntwenty (20) years of age or less;\n\n3. An adult child related to the recipient by blood or marriage\n\nwho is incapacitated as defined by the Authority; or\n\n4. A brother or sister of the recipient who has an equity\n\ninterest in the home and who was residing in the home for at least\n\none (1) year immediately preceding the date the recipient was\n\nadmitted to the nursing facility or ICF/IID and has resided there on\n\na continuous basis since that time.\n\nE. No lien for payment of medical assistance pursuant to this\n\nsection shall be effective unless:\n\n1. The Authority has provided notice to the recipient of the\n\nintent to file a lien against the homestead of the recipient and of\n\nthe opportunity for a hearing on the matter; and\n\n2. After the notice specified in paragraph 1 of this subsection\n\nhas been given, a lien is filed for record against the legal\n\ndescription of the homestead in the office of the county clerk of\n\nthe county in which the homestead of the recipient is located. The\n\nlien shall contain the following information:\n\na. the name and address of the place of residence of the\n\nrecipient,\nng on the matter; and\n\n2. After the notice specified in paragraph 1 of this subsection\n\nhas been given, a lien is filed for record against the legal\n\ndescription of the homestead in the office of the county clerk of\n\nthe county in which the homestead of the recipient is located. The\n\nlien shall contain the following information:\n\na. the name and address of the place of residence of the\n\nrecipient,\n\nb. the amount of the assistance paid at the time of the\n\nfiling of the lien,\n\nc. the date the recipient began receiving compensated\n\ninpatient care at a nursing facility or ICF/IID,\n\nd. the legal description of the real property against\n\nwhich the lien will be recorded, and\n\ne. such other information as the Authority requires.\n\nF. 1. After the lien has been filed pursuant to subsection E\n\nof this section, the Authority may enforce a lien only:\n\na. after the death of the surviving spouse of the\n\nrecipient,\n\nb. when there is no child related to the recipient by\n\nblood or marriage who is twenty (20) years of age or\n\nless residing in the homestead,\n\nc. when there is no adult child related to the recipient\n\nby blood or marriage who is incapacitated as defined\n\nby the Authority residing in the homestead, and\n\nd. when no brother or sister of the recipient is residing\n\nin the homestead, who has resided there for at least\n\none (1) year immediately before the date of the\n\nrecipient's admission to the facility or institution,\n\nand has resided there on a continuous basis since that\n\ntime.\n\n2. A lien filed pursuant to subsection E of this section shall\n\nremain on the homestead:\n\na. until the lien is satisfied,\n\nb. until the value of the homestead is consumed by the\n\nlien, at which time the Authority may force the sale\n\nof the homestead to satisfy the lien, or\n\nc. after transfer of title of the real property by\n\nconveyance, sale, succession, inheritance, or will.\n\n3. The lien filed pursuant to subsection E of this section may\n\nbe enforceable by the Authority before or after the death of the\n\nrecipient.\n\n4. The lien created by this section shall be treated as a\n\nmortgage and shall be assignable by the Authority to another entity\n\nand shall be released in accordance with the provisions as set forth\n\nin Section 15 of Title 46 of the Oklahoma Statutes.\n\n5. The lien shall sever a joint tenancy; however, the lien\n\nshall be enforceable only to the extent of the ownership of the\n\nperson receiving assistance as it existed at the time the recipient\n\nbegan receiving assistance.\n\nG. The recipient, the heirs, personal representative, or\n\nassigns of the recipient may discharge said lien at any time by\n\npaying the amount of the lien to the Authority.\n\nH. At the end of the one-year limitation, the Authority shall\n\nexclude from consideration as a resource the value of the homestead\n\nof the recipient.\n\nI. The payment of medical assistance on behalf of the recipient\n\nby the Authority and the signing of the notice pursuant to\n\nsubsection B of this section shall constitute a waiver of the\n\nhomestead rights of the recipient for the purposes of this section\n\nand Section 3 of Article XII of the Oklahoma Constitution.\n\nJ. 1. Pursuant to the provisions of this subsection, if the\n\nhomestead is sold to enforce the lien authorized pursuant to the\n\nprovisions of this section, an amount up to Six Thousand Dollars\n\n($6,000.00) from the proceeds of the sale of the homestead, less the\n\nvalue of any prepaid burial or insurance policies or designated\n\naccounts for funeral expenses already owned by the recipient, may be\n\nset aside in an irrevocable trust on behalf of the recipient, in\n\nwhich the Authority is to be included as the remainder, and the\n\nfunds are to be used for the funeral expenses of the recipient.\n\n2. Payment of the funeral expenses from the proceeds of the\n\nsale of the homestead shall be made as follows:\n\nned by the recipient, may be\n\nset aside in an irrevocable trust on behalf of the recipient, in\n\nwhich the Authority is to be included as the remainder, and the\n\nfunds are to be used for the funeral expenses of the recipient.\n\n2. Payment of the funeral expenses from the proceeds of the\n\nsale of the homestead shall be made as follows:\n\na. if the proceeds exceed the amount of the lien, the\n\npayment of funeral expenses shall be first satisfied\n\nfrom any amount in excess of the lien amount. After\n\nthe excess is exhausted, the remainder of funeral\n\nexpenses shall be satisfied from the lien amount prior\n\nto payment of any reimbursement to the Authority, and\n\nb. if the proceeds from the sale of the homestead do not\n\nexceed the amount of the lien, the payment of funeral\n\nexpenses shall be satisfied from the lien amount prior\n\nto payment of any reimbursement to the Authority.\n\nK. As used in this section:\n\n1. \"Nursing facility\" means any home, establishment, or\n\ninstitution which offers or provides on a regular basis twenty-four-\n\nhour medical services, skilled nursing care, necessary special\n\ndietary service, and personal care and supervision to three or more\n\nof its residents who are not related to the owner or administrator\n\nof the facility; and\n\n2. \"ICF/IID\" means intermediate care facilities for individuals\n\nwith intellectual disabilities, which provide comprehensive and\n\nindividualized health care and rehabilitation services to\n\nindividuals to promote their functional status and independence.\n\nL. If any provision of this section shall be in conflict with\n\nany applicable federal statutes and regulations, the federal\n\nstatutes and regulations shall prevail and be controlling until such\n\ntime as the federal statutes and regulations shall be revised to\n\nconform to this section.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"bb6726bae72e1ecf60eaa9aae0842ff36235be657efbc3e53c20f3b2dcc4dec4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-5051.2","next":"us-ok/okla.-stat.-tit.-63-63-5051.4"},"notice":"GroundRules: Original legal text. Not legal advice."}