Section 26B-3-1015 - TEFRA liens authorized - Grounds for TEFRA liens - Exemptions(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: (a) the individual is an inpatient in a care facility;(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(c) the department determines that the individual cannot reasonably be expected to: (i) be discharged from the care facility; and(ii) return to the individual's home.(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:(a) the spouse of the individual;(b) a child of the individual, if the child is:(i) under 21 years old; or(ii) blind or permanently and totally disabled, as defined in Title 42 U.S.C. Sec. 1382c(a)(3)(F); or(c) a sibling of the individual, if the sibling:(i) has an equity interest in the home; and(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) The department may not impose a TEFRA lien on the real property of an individual, unless: (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;(b) the department serves:(i) a preliminary notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1017; and(ii) a final notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26B-3-1018; and(c)(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(ii) the department's decision is upheld upon final review or appeal under Title 63G, Chapter 4, Administrative Procedures Act.Renumbered from § 26-19-501 and amended by Chapter 306, 2023 General Session ,§ 147, eff. 5/3/2023.Added by Chapter 443, 2018 General Session ,§ 16, eff. 5/8/2018.