Section 26B-3-1018 - Final notice of intent to impose a TEFRA lien(1) The department may issue a final notice of intent to impose a TEFRA lien on real property if: (a) a preliminary notice of intent relating to the property is served in accordance with Section 26B-3-1017;(b) it is at least 30 days after the day on which the preliminary notice of intent was served; and(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.(2) The final notice of intent to impose a TEFRA lien on real property shall:(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;(b) indicate that the department has complied with the requirements for filing the final notice of intent under Subsection (1);(c) include a statement indicating that, according to the department's records, the individual: (i) meets the criteria described in Subsections 26B-3-1015(1)(a) and (b);(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(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;(d) indicate that the department intends to impose a TEFRA lien on real property belonging to the individual;(e) describe the real property that the TEFRA lien will apply to;(f) describe the current amount of, and purpose of, the TEFRA lien;(g) indicate that the amount of the lien may continue to increase as the individual continues to receive medical assistance;(h) describe the circumstances under which a TEFRA lien is required to be released;(i) describe the circumstances under which the department may seek to recover the lien;(j) describe the right of the individual to challenge the decision of the department in an adjudicative proceeding; and(k) indicate that failure by the individual to successfully challenge the decision of the department will result in the TEFRA lien being imposed.Renumbered from § 26-19-504 and amended by Chapter 306, 2023 General Session ,§ 150, eff. 5/3/2023.Added by Chapter 443, 2018 General Session ,§ 19, eff. 5/8/2018.