{"data":{"id":"us-ut/utah-code-26b-3-1018","jurisdiction":"us-ut","citation":"Utah Code § 26B-3-1018","heading":"Final notice of intent to impose a TEFRA lien.","body":"(1) The department may issue a final notice of intent to impose a TEFRA lien on real property if:\n(a) a preliminary notice of intent relating to the property is served in accordance with Section 26B-3-1017;\n(b) it is at least 30 days after the day on which the preliminary notice of intent was served; and\n(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.\n(2) The final notice of intent to impose a TEFRA lien on real property shall:\n(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;\n(b) indicate that the department has complied with the requirements for filing the final notice of intent under Subsection (1);\n(c) include a statement indicating that, according to the department's records, the individual:\n(i) meets the criteria described in Subsections 26B-3-1015(1)(a) and (b);\n(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\n(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;\n(d) indicate that the department intends to impose a TEFRA lien on real property belonging to the individual;\n(e) describe the real property that the TEFRA lien will apply to;\n(f) describe the current amount of, and purpose of, the TEFRA lien;\n(g) indicate that the amount of the lien may continue to increase as the individual continues to receive medical assistance;\n(h) describe the circumstances under which a TEFRA lien is required to be released;\n(i) describe the circumstances under which the department may seek to recover the lien;\n(j) describe the right of the individual to challenge the decision of the department in an adjudicative proceeding; and\n(k) indicate that failure by the individual to successfully challenge the decision of the department will result in the TEFRA lien being imposed.","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-S1018.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"daf24bfffbd257f89baa57805279b90d1e80ad9a832845f3264b823cd251d9a8","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-26b-3-1017","next":"us-ut/utah-code-26b-3-1019"},"notice":"GroundRules: Original legal text. Not legal advice."}