Montana Code Annotated 2003

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     53-6-179. Payment of amount due -- periodic payments -- substitute security. (1) If the total amount due to the department to satisfy a lien imposed under 53-6-171 through 53-6-188 is paid, the department may not file an application under 53-6-175, shall withdraw its application if the application has already been filed, or shall instruct the sheriff to cancel the sale proceedings.
     (2) In lieu of applying for a writ of execution, the department may agree with the heirs or devisees of the recipient to accept periodic payments for the repayment of recoverable medical assistance or may agree with the recipient's surviving spouse to accept substitute security and partial payment. The department may agree to periodic payments or substitute security if the terms of agreement, including security for repayment, are acceptable to the department and if the agreement does not reduce the amount due or the likelihood of recovering the amount due. The department may delay filing an application for issuance of a writ of execution for purposes of conducting negotiations for an agreement in lieu of execution.

     History: En. Sec. 16, Ch. 492, L. 1995.

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