53-6-174. Filing of lien -- effect of filing -- priority -- renewal -- dissolution of lien. (1) The lien must be filed in the office of the clerk and recorder in the county in which the real property is located.
(2) Filing of the lien constitutes legal notice of the lien to all persons, including subsequent purchasers, encumbrancers, mortgagees, and other lienholders. Upon filing, the lien is prior to any earlier unrecorded interest or claim and is prior to any subsequent interest or claim, whether or not recorded. The lien is subject to any unpaid property taxes, any prior recorded mortgage, or any other prior recorded encumbrance, interest, or claim. For purposes of recovery under 53-6-171 through 53-6-188, a sale, transfer, or exchange of the property by the recipient is considered a relinquishment of any homestead exemption under 70-32-201 and 70-32-202 of the recipient in the property subject to the lien.
(3) Except as provided in 53-6-171 through 53-6-188, the lien has the effect of a judgment lien when the lien is filed. For purposes of provisions of state laws relating to judgment liens, the department is considered the judgment creditor and the recipient or the recipient's spouse or successor in interest is considered the judgment debtor.
(4) After filing, the lien remains effective for a period of 6 years unless earlier satisfied, released, or dissolved. The department may renew a lien for one or more additional 6-year periods.
(5) If the recipient is discharged from the facility and returns home, the lien dissolves and is no longer effective unless a new lien is later imposed in accordance with 53-6-171 through 53-6-188. Following the recipient's discharge and return home, the department shall upon written request file a release of lien in the clerk and recorder's office. Dissolution of the lien under this subsection does not preclude the department from recovering under 53-6-167, 53-6-168, or 53-6-169.
(6) If the lien is imposed pursuant to 53-6-171 on the recipient's interest in jointly owned property that is subject to a right of survivorship, upon the recipient's death, the recipient's interest passes to the survivor, subject to the lien imposed pursuant to 53-6-171.
History: En. Sec. 11, Ch. 492, L. 1995.
Structure 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
53-6-104. 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
53-6-112. 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
53-6-125. Physician services reimbursement
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
53-6-135. through 53-6-138 reserved
53-6-140. Account not to be treated as asset for purposes of eligibility
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
53-6-148. Indian health services federal revenue account
53-6-149. State special revenue fund account -- administration
53-6-151. Medicaid reserve account
53-6-152. through 53-6-154 reserved
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
53-6-167. 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
53-6-171. 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
53-6-176. 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
53-6-187. 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