53-6-175. Recovery of medical assistance secured by lien -- application for issuance of writ of execution. (1) After the recipient's death or upon the sale, transfer, or exchange of any right, title, or interest of the recipient in the property, the department may file with the clerk of the district court in the county in which the real property is located an application for issuance of a writ of execution for levy on the real property described in the lien. The levy may be for the amount of recoverable medical assistance paid on behalf of the recipient prior to, on, and after the date of the lien, including amounts paid up to the date of sale of the property, plus interest and costs as provided by law. Costs do not include attorney fees.
(2) The application for the writ must be sworn and must contain the following:
(a) the name of the recipient, a legal description of the real property, and a description of the recipient's interest in the property;
(b) a statement that the department has imposed a lien upon the property under 53-6-171;
(c) a statement that the lien complies with the requirements of 53-6-171 through 53-6-188;
(d) the date upon which the lien was filed and the office in which it was filed;
(e) a description of the sale, transfer, exchange, or other event that entitles the department to recover;
(f) a statement that the lien has not dissolved under 53-6-174(5);
(g) the amount of recoverable medical assistance; the amount of any unreimbursed taxes, insurance costs, maintenance costs, or other costs paid under 53-6-186; and, if applicable, a statement that additional amounts may be paid up to the time that the property is sold in satisfaction of the lien;
(h) a statement that the total amount due has not been paid as of the date of the application for the writ;
(i) a statement that recovery is not prohibited by this section;
(j) the names and addresses of all persons who have a recorded interest in the property, including a recipient or recipient's estate, co-owner, purchaser, grantee, encumbrancer, mortgagee, and lienholder; and
(k) a request that a writ of execution be issued for sale of the described property if an action is not filed within the time provided for in 53-6-177.
(3) The filing of an application under this section for a writ of execution is not the filing of a legal action, and the requirements applicable to legal actions do not apply to the application or application proceedings.
History: En. Sec. 12, 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