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 preliminary notice of intent relating to the property is served in accordance with Section; 26B-3-1017 it is at least 30 days after the day on which the preliminary notice of intent was served; and 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: be served in person, or by certified mail, on the individual described in Subsection, who owns the property, and, if the department is aware that the individual has a legally authorized representative, on the representative; 26B-3-1015(1) indicate that the department has complied with the requirements for filing the final notice of intent under Subsection; (1) include a statement indicating that, according to the department's records, the individual: meets the criteria described in Subsectionsand; 26B-3-1015(1)(a) (b) 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 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; indicate that the department intends to impose a TEFRA lien on real property belonging to the individual; describe the real property that the TEFRA lien will apply to; describe the current amount of, and purpose of, the TEFRA lien; indicate that the amount of the lien may continue to increase as the individual continues to receive medical assistance; describe the circumstances under which a TEFRA lien is required to be released; describe the circumstances under which the department may seek to recover the lien; describe the right of the individual to challenge the decision of the department in an adjudicative proceeding; and indicate that failure by the individual to successfully challenge the decision of the department will result in the TEFRA lien being imposed.