26B-3-1020. Dissolution and removal of TEFRA lien.
(1) A TEFRA lien shall dissolve and be removed by the department if the individual described in Subsection: 26B-3-1015(1) is discharged from the care facility; and returns to the individual's home; or provides sufficient documentation to the department that: rebuts the presumption described in Section; or 26B-3-1016 any of the following individuals are lawfully residing in the individual's home: the spouse of the individual; a child of the individual, if the child is under 21 years old or blind or permanently and totally disabled, as defined inU.S.C. Sec. 1382c(a)(3)(F); or a sibling of the individual, if the sibling has an equity interest in the home and resided in the home for at least one year immediately preceding the day on which the individual was admitted to the care facility.
(2) An individual described in Subsectionmay, at any time after the department has imposed a lien under Sectionsthrough, file a request for the department to remove the lien. 26B-3-1015(1)(a) 26B-3-1015 26B-3-1023
(3) A request filed under Subsectionshall be considered and reviewed pursuant to. (2) Title 63G, Chapter 4, Administrative Procedures Act