Montana Code Annotated
Part 1. Medical Assistance -- Medicaid
53-6-143. Medical assistance liens and recoveries

53-6-143. Medical assistance liens and recoveries. (1) Except as provided in this section, the department may not impose a lien upon the property of an applicant for or recipient of medical assistance.
(2) A lien for recovery of medical assistance paid or to be paid under this chapter may be imposed against the real or personal property of a medicaid applicant or recipient prior to the applicant's or recipient's death only:
(a) pursuant to a judgment of a court for recovery of medical assistance paid on behalf of the recipient;
(b) on a third-party recovery as provided in 53-2-612;
(c) as provided in 53-6-171 through 53-6-188; or
(d) to the extent that the recipient has received medical assistance based upon resources not disregarded pursuant to part 8 of this chapter.
(3) The department may recover medical assistance correctly paid on behalf of a recipient only as provided in 53-2-612, 53-6-167 through 53-6-169, or 53-6-171 through 53-6-188 or as provided in a written agreement between the department and the recipient or the recipient's representative pursuant to 42 U.S.C. 1382b(b).
(4) Except as otherwise specifically provided by 53-6-144, 53-6-165 through 53-6-169, 53-6-171 through 53-6-189, and this section, the department may pursue recovery under any section or combination of sections as may be applicable in a particular case. However, the department may not recover pursuant to 53-6-167 through 53-6-169 or 53-6-171 through 53-6-188 more than the total amount of recoverable medical assistance paid on behalf of a recipient, plus any applicable costs, interest, or other charges specifically allowed by law. The fact that the department has or may have a lien on particular property does not preclude the department from pursuing recovery under another section against other assets of the recipient or assets of another person as provided in 53-6-144, 53-6-165 through 53-6-169, 53-6-171 through 53-6-189, and this section.
(5) Except as provided in subsections (5)(a) and (5)(b), the department may not impose a lien under this section upon a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1, or upon the assets of a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1.
(a) The department may impose a lien under this section upon a self-sufficiency trust or upon the assets of a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1, if the department is required by federal law to recover or collect from the trust or its assets as a condition of receiving federal financial participation for the medicaid program.
(b) To the extent otherwise permitted by this section, the department is not precluded from asserting a claim or imposing a lien upon real or personal property prior to transfer of the property to the trust. If the department imposes a lien upon property prior to transfer to a self-sufficiency trust, any transfer of the property to the trust is subject to the lien.
History: En. Sec. 14, Ch. 325, L. 1967; amd. Sec. 1, Ch. 249, L. 1969; amd. Sec. 1, Ch. 279, L. 1974; amd. Sec. 5, Ch. 379, L. 1977; R.C.M. 1947, 71-1524; amd. Sec. 2, Ch. 482, L. 1989; amd. Sec. 3, Ch. 492, L. 1995; amd. Sec. 456, Ch. 546, L. 1995; amd. Sec. 6, Ch. 195, L. 1997; amd. Sec. 4, Ch. 262, L. 1997.

Structure Montana Code Annotated

Montana Code Annotated

Title 53. Social Services and Institutions

Chapter 6. Health Care Services

Part 1. Medical Assistance -- Medicaid

53-6-101. Montana medicaid program -- authorization of services

53-6-102. Repealed

53-6-103. Repealed

53-6-104. Freedom of doctors to treat recipients of medical assistance -- freedom to select doctor

53-6-105. Discrimination prohibited

53-6-106. Health care facility standards -- definitions

53-6-107. Sanctions -- penalties

53-6-108. Rules governing sanctions or remedies

53-6-109. Consistent regulation of long-term care facilities -- rulemaking authority -- timeframes

53-6-110. Report and recommendations on medicaid funding

53-6-111. Department charged with administration and supervision of medical assistance program -- overpayment recovery -- sanctions for fraudulent and abusive activities -- adoption of rules

53-6-112. Department to print and distribute copies of part and certain forms

53-6-113. Department to adopt rules

53-6-114. Rules of department binding

53-6-115. Contracts with other agencies

53-6-116. Medicaid managed care -- capitated health care

53-6-117. Participation requirements

53-6-118. through 53-6-120 reserved

53-6-121. Local administration of medical assistance

53-6-122. Telehealth services -- requirements -- limitations

53-6-123. reserved

53-6-124. Definitions

53-6-125. Physician services reimbursement

53-6-126. Repealed

53-6-127. Rulemaking -- policy adjusters

53-6-128. through 53-6-130 reserved

53-6-131. Eligibility requirements

53-6-132. Application for assistance -- exception

53-6-133. Eligibility determination

53-6-134. Extension of eligibility for medical assistance to persons terminated from section 1931 medicaid program

53-6-135. through 53-6-138 reserved

53-6-139. Terminated

53-6-140. Account not to be treated as asset for purposes of eligibility

53-6-141. Repealed

53-6-142. Periodic review of assistance

53-6-143. Medical assistance liens and recoveries

53-6-144. Relative's responsibility

53-6-145. Agencies to adopt rules governing personal assistant services

53-6-146. Protection of tribal and Indian health service facilities from cost-shifting -- seeking to leverage federal financial participation for state children's health insurance program and medicaid

53-6-147. reserved

53-6-148. Indian health services federal revenue account

53-6-149. State special revenue fund account -- administration

53-6-150. Donated funds

53-6-151. Medicaid reserve account

53-6-152. through 53-6-154 reserved

53-6-155. Definitions

53-6-156. Medicaid fraud control unit

53-6-157. Powers and duties of medicaid fraud control unit

53-6-158. Cooperation of governmental agencies with medicaid fraud control unit

53-6-159. Permitted disclosure of information obtained in medicaid fraud control unit investigations

53-6-160. Truthfulness, completeness, and accuracy of submissions to medicaid agencies

53-6-161. Terminated

53-6-162. Terminated

53-6-163. Terminated

53-6-164. Terminated

53-6-165. Definitions

53-6-166. Period of ineligibility for medical assistance when assets disposed of for less than fair market value -- undue hardship exception -- department to adopt rules

53-6-167. Recovery of medicaid benefits after recipient's death

53-6-168. Payment of certain funds of deceased recipient to department

53-6-169. Payment of excess burial funds or assets to department

53-6-170. Terminated

53-6-171. Department lien upon real property of certain medicaid recipients -- conditions

53-6-172. Notice of intent to impose lien -- opportunity for hearing

53-6-173. Contents of lien document -- scope of obligation secured

53-6-174. Filing of lien -- effect of filing -- priority -- renewal -- dissolution of lien

53-6-175. Recovery of medical assistance secured by lien -- application for issuance of writ of execution

53-6-176. Notice of application -- proof of notice -- request for issuance of writ of execution

53-6-177. Action to challenge issuance of writ of execution

53-6-178. Department right of recovery -- limitations

53-6-179. Payment of amount due -- periodic payments -- substitute security

53-6-180. Waiver of recovery in cases of undue hardship -- rulemaking

53-6-181. Delay in recovery -- sale subject to lien

53-6-182. Spouse's limited exemption from lien

53-6-183. Issuance of writ of execution by clerk of court

53-6-184. Effect of sale -- title acquired

53-6-185. Disposition of sale proceeds -- application of recovered medical assistance

53-6-186. Action by department or other person to preserve property subject to lien -- recovery of costs

53-6-187. Time for filing of application

53-6-188. Coordination of lien with other medical assistance recoveries

53-6-189. Rulemaking authority

53-6-190. Receipt of transferred assets for less than fair market value -- fine

53-6-191. through 53-6-194 reserved

53-6-195. Medicaid program for workers with disabilities -- purpose -- eligibility -- participant costs

53-6-196. Performance-based rulemaking -- privacy exemption