{"data":{"id":"us-ut/utah-code-26b-3-1015","jurisdiction":"us-ut","citation":"Utah Code § 26B-3-1015","heading":"TEFRA liens authorized -- Grounds for TEFRA liens -- Exemptions.","body":"(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:\n(a) the individual is an inpatient in a care facility;\n(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\n(c) the department determines that the individual cannot reasonably be expected to:\n(i) be discharged from the care facility; and\n(ii) return to the individual's home.\n(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:\n(a) the spouse of the individual;\n(b) a child of the individual, if the child is:\n(i) under 21 years old; or\n(ii) blind or permanently and totally disabled, as defined in Title 42 U.S.C. Sec. 1382c(a)(3)(F); or\n(c) a sibling of the individual, if the sibling:\n(i) has an equity interest in the home; and\n(ii) resided in the home for at least one year immediately preceding the day on which the individual was admitted to the care facility.\n(3) The department may not impose a TEFRA lien on the real property of an individual, unless:\n(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;\n(b) the department serves:\n(i) a preliminary notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1017; and\n(ii) a final notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1018; and\n(c)\n(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\n(ii) the department's decision is upheld upon final review or appeal under Title 63G, Chapter 4, Administrative Procedures Act.","path":["Title 26B Utah Health and Human Services Code","Chapter 26B-3 Health Care - Administration and Assistance","Part 26B-3-10 Medical Benefits Recovery"],"source_url":"https://le.utah.gov/xcode/Title26B/Chapter3/26B-3-S1015.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"55c0a56c3e333ed2d8ecc2be936c45a883ea6d63d6565c0cdd751edc631d9afc","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-26b-3-1014","next":"us-ut/utah-code-26b-3-1016"},"notice":"GroundRules: Original legal text. Not legal advice."}