Montana Code Annotated 2023



Part 1. Medical Assistance -- Medicaid

Contents Of Lien Document -- Scope Of Obligation Secured

53-6-173. Contents of lien document -- scope of obligation secured. (1) The lien must contain the name and address of the recipient who owns an interest in the property, a legal description of the property, and an address and telephone number of the office or representative of the department who can provide more information about the lien. The lien applies only to the property described in the lien.

(2) The lien need not be executed by or on behalf of the medicaid recipient, but it must be executed by an authorized agent or employee of the department. The execution must be acknowledged as provided in 70-21-203.

(3) The lien need not state the specific amount of medical assistance repayment owed. The lien is sufficient to secure repayment of past, current, and future recoverable medical assistance if the lien states that:

(a) the lien is imposed under 53-6-171 through 53-6-188 to secure the described property for recovery of medical assistance paid on behalf of the recipient prior to, on, and after the date of the lien; and

(b) the amount paid for recoverable medical assistance is due upon sale, transfer, or exchange of any right, title, or interest of the recipient in the property or upon the recipient's death.

History: En. Sec. 10, Ch. 492, L. 1995.