53-6-182. Spouse's limited exemption from lien. (1) Subject to Title 70, chapter 32, a recipient's surviving spouse who owns a home or an interest in a home in which the spouse resides that is subject to a lien imposed under 53-6-171 through 53-6-188 is, upon sale, transfer, or exchange of the home, entitled to an exemption from the department's lien in an amount determined in accordance with this section. The exemption is in the form of:
(a) a partial release of the department's lien if the exemption amount is less than the full amount of the department's lien; or
(b) a full release of the department's lien if the exemption amount is equal to or greater than the full amount of the department's lien.
(2) The amount of the exemption is the lesser of an amount equal to:
(a) the fair market value of the interest in the home that the surviving spouse received from the recipient by distribution or survival; or
(b) $100,000 minus the total fair market value of all of the surviving spouse's assets, other than the interest in the home that the surviving spouse received from the recipient by distribution or survival. For purposes of this section, the surviving spouse's assets do not include personal property that is exempt from execution under Title 25, chapter 13, part 6.
(3) The department may by rule require a surviving spouse to file an application for the exemption and to provide information, documentation, and verification regarding the applicant's assets and the fair market value of assets. The department shall provide the applicant notice of its determination on the application and of the opportunity for a hearing pursuant to Title 2, chapter 4, part 6.
(4) Upon determination by the department that the applicant is entitled to an exemption, the department shall provide to the applicant an appropriate full or partial release in the amount of the exemption.
History: En. Sec. 19, 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