reglab/housing_qa huggingface dataset:
UT Code § 26-19-501 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 5 - TEFRA Liens|Section 501 - TEFRA liens authorized -- Grounds for TEFRA liens -- Exemptions.

 Effective 5/8/2018  26-19-501. TEFRA liens authorized -- Grounds for TEFRA liens -- Exemptions.    (1) Except as provided in Subsections (2) and (3), the department may impose a TEFRA lien on the real property of an individual for the amount of medical assistance provided for, or to, the individual while the individual is an inpatient in a care facility, if:   (a) the individual is an inpatient in a care facility;     (b) the individual is required, as a condition of receiving services under the state plan, to spend for costs of medical care all but a minimal amount of the individual's income required for personal needs; and     (c) the department determines that the individual cannot reasonably be expected to:   (i) be discharged from the care facility; and     (ii) return to the individual's home.         (2) The department may not impose a lien on the home of an individual described in Subsection (1), if any of the following individuals are lawfully residing in the home:   (a) the spouse of the individual;     (b) a child of the individual, if the child is:   (i) under 21 years of age; or     (ii) blind or permanently and totally disabled, as defined in Title 42 U.S.C. Sec. 1382c(a)(3)(F); or       (c) a sibling of the individual, if the sibling:   (i) has an equity interest in the home; and     (ii) resided in the home for at least one year immediately preceding the day on which the individual was admitted to the care facility.         (3) The department may not impose a TEFRA lien on the real property of an individual, unless:   (a) the individual has been an inpatient in a care facility for the 180-day period immediately preceding the day on which the lien is imposed;     (b) the department serves:   (i) a preliminary notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26-19-503; and     (ii) a final notice of intent to impose a TEFRA lien relating to the real property, in accordance with Section 26-19-504; and       (c)   (i) the individual does not file a timely request for review of the department's decision under Title 63G, Chapter 4, Administrative Procedures Act; or     (ii) the department's decision is upheld upon final review or appeal under Title 63G, Chapter 4, Administrative Procedures Act.        Enacted by Chapter 443, 2018 General Session
UT Code § 26-19-502 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 5 - TEFRA Liens|Section 502 - Presumption of permanency.

 Effective 5/8/2018  26-19-502. Presumption of permanency.  There is a rebuttable presumption that an individual who is an inpatient in a care facility cannot reasonably be expected to be discharged from a care facility and return to the individual's home, if the individual has been an inpatient in a care facility for a period of at least 180 consecutive days. Enacted by Chapter 443, 2018 General Session
UT Code § 26-19-503 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 5 - TEFRA Liens|Section 503 - Preliminary notice of intent to impose a TEFRA lien.

 Effective 5/8/2018  26-19-503. Preliminary notice of intent to impose a TEFRA lien.    (1) Prior to imposing a TEFRA lien on real property, the department shall serve a preliminary notice of intent to impose a TEFRA lien, on the individual described in Subsection 26-19-501(1), who owns the property.     (2) The preliminary notice of intent shall:   (a) be served in person, or by certified mail, on the individual described in Subsection 26-19-501(1), and, if the department is aware that the individual has a legally authorized representative, on the representative;     (b) include a statement indicating that, according to the department's records, the individual:   (i) meets the criteria described in Subsections 26-19-501(1)(a) and (b);     (ii) has been an inpatient in a care facility for a period of at least 180 days immediately preceding the day on which the department provides the notice to the individual; and     (iii) is legally presumed to be in a condition where it cannot reasonably be expected that the individual will be discharged from the care facility and return to the individual's home;       (c) indicate that the department intends to impose a TEFRA lien on real property belonging to the individual;     (d) describe the real property that the TEFRA lien will apply to;     (e) describe the current amount of, and purpose of, the TEFRA lien;     (f) indicate that the amount of the lien may continue to increase as the individual continues to receive medical assistance;     (g) indicate that the individual may seek to prevent the TEFRA lien from being imposed on the real property by providing documentation to the department that:   (i) establishes that the individual does not meet the criteria described in Subsection 26-19-501(1)(a) or (b);     (ii) establishes that the individual has not been an inpatient in a care facility for a period of at least 180 days;     (iii) rebuts the presumption described in Section 26-19-502; or     (iv) establishes that the real property is exempt from imposition of a TEFRA lien under Subsection 26-19-501(2);       (h) indicate that if the owner fails to provide the documentation described in Subsection (2)(g) within 30 days after the day on which the preliminary notice of intent is served, the department will issue a final notice of intent to impose a TEFRA lien on the real property and will proceed to impose the lien;     (i) identify the type of documentation that the owner may provide to comply with Subsection (2)(g);     (j) describe the circumstances under which a TEFRA lien is required to be released; and     (k) describe the circumstances under which the department may seek to recover the lien.      Enacted by Chapter 443, 2018 General Session
UT Code § 26-19-504 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 5 - TEFRA Liens|Section 504 - Final notice of intent to impose a TEFRA lien.

 Effective 5/8/2018  26-19-504. Final notice of intent to impose a TEFRA lien.    (1) The department may issue a final notice of intent to impose a TEFRA lien on real property if:   (a) a preliminary notice of intent relating to the property is served in accordance with Section 26-19-503;     (b) it is at least 30 days after the day on which the preliminary notice of intent was served; and     (c) the department has not received documentation or other evidence that adequately establishes that a TEFRA lien may not be imposed on the real property.       (2) The final notice of intent to impose a TEFRA lien on real property shall:   (a) be served in person, or by certified mail, on the individual described in Subsection 26-19-501(1), who owns the property, and, if the department is aware that the individual has a legally authorized representative, on the representative;     (b) indicate that the department has complied with the requirements for filing the final notice of intent under Subsection (1);     (c) include a statement indicating that, according to the department's records, the individual:   (i) meets the criteria described in Subsections 26-19-501(1)(a) and (b);     (ii) has been an inpatient in a care facility for a period of at least 180 days immediately preceding the day on which the department provides the notice to the individual; and     (iii) is legally presumed to be in a condition where it cannot reasonably be expected that the individual will be discharged from the care facility and return to the individual's home;       (d) indicate that the department intends to impose a TEFRA lien on real property belonging to the individual;     (e) describe the real property that the TEFRA lien will apply to;     (f) describe the current amount of, and purpose of, the TEFRA lien;     (g) indicate that the amount of the lien may continue to increase as the individual continues to receive medical assistance;     (h) describe the circumstances under which a TEFRA lien is required to be released;     (i) describe the circumstances under which the department may seek to recover the lien;     (j) describe the right of the individual to challenge the decision of the department in an adjudicative proceeding; and     (k) indicate that failure by the individual to successfully challenge the decision of the department will result in the TEFRA lien being imposed.      Enacted by Chapter 443, 2018 General Session
UT Code § 26-19-505 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 5 - TEFRA Liens|Section 505 - Review of department decision.

 Effective 5/8/2018  26-19-505. Review of department decision.  An individual who has been served with a final notice of intent to impose a TEFRA lien under Section 26-19-504 may seek agency or judicial review of that decision under Title 63G, Chapter 4, Administrative Procedures Act. Enacted by Chapter 443, 2018 General Session
UT Code § 26-19-506 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 5 - TEFRA Liens|Section 506 - Dissolution and removal of TEFRA lien.

 Effective 5/8/2018  26-19-506. Dissolution and removal of TEFRA lien.    (1) A TEFRA lien shall dissolve and be removed by the department if the individual described in Subsection 26-19-501(1):   (a)   (i) is discharged from the care facility; and     (ii) returns to the individual's home; or       (b) provides sufficient documentation to the department that:   (i) rebuts the presumption described in Section 26-19-502; or     (ii) any of the following individuals are lawfully residing in the individual's home:   (A) the spouse of the individual;     (B) a child of the individual, if the child is under 21 years of age or blind or permanently and totally disabled, as defined in Title 42 U.S.C. Sec. 1382c(a)(3)(F); or     (C) a sibling of the individual, if the sibling has an equity interest in the home and resided in the home for at least one year immediately preceding the day on which the individual was admitted to the care facility.           (2) An individual described in Subsection 26-19-501(1)(a) may, at any time after the department has imposed a lien under this part, file a request for the department to remove the lien.     (3) A request filed under Subsection (2) shall be considered and reviewed pursuant to Title 63G, Chapter 4, Administrative Procedures Act.    Enacted by Chapter 443, 2018 General Session
UT Code § 26-19-507 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 5 - TEFRA Liens|Section 507 - Expenditures included in lien -- Other proceedings.

 Effective 5/8/2018  26-19-507. Expenditures included in lien -- Other proceedings.    (1) A TEFRA lien imposed on real property under this part includes all expenses relating to medical assistance provided or paid for under the state plan from the first day that the individual is placed in a care facility, regardless of when the lien is imposed or filed on the property.     (2) Nothing in this part affects or prevents the department from bringing or pursuing any other legally authorized action to recover medical assistance or to set aside a fraudulent or improper conveyance.    Enacted by Chapter 443, 2018 General Session
UT Code § 26-19-508 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 5 - TEFRA Liens|Section 508 - Contract with another government agency.

 Effective 5/8/2018  26-19-508. Contract with another government agency.  If the department contracts with another government agency to recover funds paid for medical assistance under this chapter, that government agency shall be the sole agency that determines whether to impose or remove a TEFRA lien under this part. Enacted by Chapter 443, 2018 General Session
UT Code § 26-19-509 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 5 - TEFRA Liens|Section 509 - Precedence of the Tax Equity and Fiscal Responsibility Act of 1982.

 Effective 5/8/2018  26-19-509. Precedence of the Tax Equity and Fiscal Responsibility Act of 1982.  If any provision of this part conflicts with the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 for imposing a lien against the property of an individual prior to the individual's death, under 42 U.S.C. Sec. 1396p, the provisions of the Tax Equity and Fiscal Responsibility Act of 1982 take precedence and shall be complied with by the department. Enacted by Chapter 443, 2018 General Session
UT Code § 26-19-601 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 6 - Miscellaneous Provisions|Section 601 - Legal recognition of electronic claims records.

 Effective 5/8/2018  26-19-601. Legal recognition of electronic claims records.  Pursuant to Title 46, Chapter 4, Uniform Electronic Transactions Act:  (1) a claim submitted to the department for payment may not be denied legal effect, enforceability, or admissibility as evidence in any court in any civil action because it is in electronic form; and     (2) a third party shall accept an electronic record of payments by the department for medical services on behalf of a recipient as evidence in support of the department's claim.    Renumbered and Amended by Chapter 443, 2018 General Session
UT Code § 26-19-602 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 6 - Miscellaneous Provisions|Section 602 - Direct payment to the department by third party.

 Effective 5/8/2018  26-19-602. Direct payment to the department by third party.    (1) Any third party required to make payment to the department pursuant to this chapter shall make the payment directly to the department or its designee.     (2) The department may negotiate a payment or payment instrument it receives in connection with Subsection (1) without the cosignature or other participation of the recipient or any other party.    Renumbered and Amended by Chapter 443, 2018 General Session
UT Code § 26-19-603 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 6 - Miscellaneous Provisions|Section 603 - Attorney general or county attorney to represent department.

 Effective 5/8/2018  26-19-603. Attorney general or county attorney to represent department.  The attorney general or a county attorney shall represent the department in any action commenced under this chapter. Renumbered and Amended by Chapter 443, 2018 General Session
UT Code § 26-19-604 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 6 - Miscellaneous Provisions|Section 604 - Department's right to attorney fees and costs.

 Effective 5/8/2018  26-19-604. Department's right to attorney fees and costs.  In any action brought by the department under this chapter in which it prevails, the department shall recover along with the principal sum and interest, a reasonable attorney fee and costs incurred. Renumbered and Amended by Chapter 443, 2018 General Session
UT Code § 26-19-605 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 19 - Medical Benefits Recovery Act|Part 6 - Miscellaneous Provisions|Section 605 - Application of provisions contrary to federal law prohibited.

 Effective 5/8/2018  26-19-605. Application of provisions contrary to federal law prohibited.  In no event shall any provision contained in this chapter be applied contrary to existing federal law. Renumbered and Amended by Chapter 443, 2018 General Session
UT Code § 26-21-1 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 21 - Health Care Facility Licensing and Inspection Act|Part 1 - General Provisions|Section 1 - Title.

26-21-1. Title.  This chapter is known as the "Health Care Facility Licensing and Inspection Act."  Amended by Chapter 209, 1997 General Session
UT Code § 26-21-2.1 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 21 - Health Care Facility Licensing and Inspection Act|Part 1 - General Provisions|Section 2.1 - Services.

26-21-2.1. Services.    (1) General acute hospitals and specialty hospitals shall remain open and be continuously ready to receive patients 24 hours of every day in a year and have an attending medical staff consisting of one or more physicians licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.     (2) A specialty hospital shall provide on-site all basic services required of a general acute hospital that are needed for the diagnosis, therapy, or rehabilitation offered to or required by patients admitted to or cared for in the facility.     (3)   (a) A home health agency shall provide at least licensed nursing services or therapeutic services directly through the agency employees.     (b) A home health agency may provide additional services itself or under arrangements with another agency, organization, facility, or individual.      Amended by Chapter 209, 1997 General Session
UT Code § 26-21-3 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 21 - Health Care Facility Licensing and Inspection Act|Part 1 - General Provisions|Section 3 - Health Facility Committee -- Members -- Terms -- Organization -- Meetings.

 Effective 5/5/2021  26-21-3. Health Facility Committee -- Members -- Terms -- Organization -- Meetings.    (1)   (a) The Health Facility Committee created by Section 26-1-7 consists of 12 members appointed by the governor in consultation with the executive director.     (b) The appointed members shall be knowledgeable about health care facilities and issues.       (2) The membership of the committee is:   (a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, who is a graduate of a regularly chartered medical school;     (b) one hospital administrator;     (c) one hospital trustee;     (d) one representative of a freestanding ambulatory surgical facility;     (e) one representative of an ambulatory surgical facility that is affiliated with a hospital;     (f) one representative of the nursing care facility industry;     (g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse Practice Act;     (h) one licensed architect or engineer with expertise in health care facilities;     (i) one representative of assisted living facilities licensed under this chapter;     (j) two consumers, one of whom has an interest in or expertise in geriatric care; and     (k) one representative from either a home health care provider or a hospice provider.       (3)   (a) Except as required by Subsection (3)(b), members shall be appointed for a term of four years.     (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.     (c) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor, giving consideration to recommendations made by the committee, with the consent of the Senate.     (d) A member may not serve more than two consecutive full terms or 10 consecutive years, whichever is less. However, a member may continue to serve as a member until the member is replaced.     (e) The committee shall annually elect from its membership a chair and vice chair.     (f) The committee shall meet at least quarterly, or more frequently as determined by the chair or five members of the committee.     (g) Six members constitute a quorum. A vote of the majority of the members present constitutes action of the committee.      Amended by Chapter 64, 2021 General Session
UT Code § 26-21-4 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 21 - Health Care Facility Licensing and Inspection Act|Part 1 - General Provisions|Section 4 - Per diem and travel expenses of committee members.

26-21-4. Per diem and travel expenses of committee members.  A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:  (1) Section 63A-3-106;     (2) Section 63A-3-107; and     (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.    Amended by Chapter 286, 2010 General Session
UT Code § 26-21-5 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 21 - Health Care Facility Licensing and Inspection Act|Part 1 - General Provisions|Section 5 - Duties of committee.

 Effective 5/10/2016  26-21-5. Duties of committee.  The committee shall:  (1) with the concurrence of the department, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:   (a) for the licensing of health-care facilities; and     (b) requiring the submission of architectural plans and specifications for any proposed new health-care facility or renovation to the department for review;       (2) approve the information for applications for licensure pursuant to Section 26-21-9;     (3) advise the department as requested concerning the interpretation and enforcement of the rules established under this chapter; and     (4) advise, consult, cooperate with, and provide technical assistance to other agencies of the state and federal government, and other states and affected groups or persons in carrying out the purposes of this chapter.    Amended by Chapter 74, 2016 General Session
UT Code § 26-21-6 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 21 - Health Care Facility Licensing and Inspection Act|Part 1 - General Provisions|Section 6 - Duties of department.

 Effective 5/10/2016  26-21-6. Duties of department.    (1) The department shall:   (a) enforce rules established pursuant to this chapter;     (b) authorize an agent of the department to conduct inspections of health care facilities pursuant to this chapter;     (c) collect information authorized by the committee that may be necessary to ensure that adequate health care facilities are available to the public;     (d) collect and credit fees for licenses as free revenue;     (e) collect and credit fees for conducting plan reviews as dedicated credits;     (f)   (i) collect and credit fees for conducting clearance under Chapter 21, Part 2, Clearance for Direct Patient Access; and     (ii) beginning July 1, 2012:   (A) up to $105,000 of the fees collected under Subsection (1)(f)(i) are dedicated credits; and     (B) the fees collected for background checks under Subsection 26-21-204(6) and Section 26-21-205 shall be transferred to the Department of Public Safety to reimburse the Department of Public Safety for its costs in conducting the federal background checks;         (g) designate an executive secretary from within the department to assist the committee in carrying out its powers and responsibilities;     (h) establish reasonable standards for criminal background checks by public and private entities;     (i) recognize those public and private entities that meet the standards established pursuant to Subsection (1)(h); and     (j) provide necessary administrative and staff support to the committee.       (2) The department may:   (a) exercise all incidental powers necessary to carry out the purposes of this chapter;     (b) review architectural plans and specifications of proposed health care facilities or renovations of health care facilities to ensure that the plans and specifications conform to rules established by the committee; and     (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules as necessary to implement the provisions of this chapter.      Amended by Chapter 74, 2016 General Session