reglab/housing_qa huggingface dataset:
MT Code § 53-6-171 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-171. Department lien upon real property of certain medicaid recipients -- conditions

  53-6-171. Department lien upon real property of certain medicaid recipients -- conditions. (1) Following notice and opportunity for hearing as provided in 53-6-172, the department shall impose a lien upon the real property, including the home, of an institutionalized recipient of recoverable medical assistance to secure the assets of the recipient for recovery of medical assistance paid on behalf of the recipient prior to, on, or after the imposition of the lien if:   (a) the recipient has been admitted to a nursing facility, an intermediate care facility for the developmentally disabled, or an institution for mental disease;   (b) the property upon which a lien is being imposed is the recipient's home and the home is not lawfully resided in by:   (i) the recipient's spouse;   (ii) the recipient's child who is under 21 years of age, blind, or permanently and totally disabled; or   (iii) the recipient's sibling who was residing in the recipient's home for a period of at least 18 months immediately prior to the recipient's institutionalization; and   (c) the recipient has been determined by the department, pursuant to subsection (2), to be permanently institutionalized.   (2) A recipient is permanently institutionalized for purposes of subsection (1)(c) if the department determines that the recipient cannot reasonably be expected to be discharged from the facility and to return home. There is a rebuttable presumption that the recipient cannot reasonably be expected to be discharged from the facility and return home if the recipient or a representative of the recipient declares that there is no intent to return home or if the recipient has been institutionalized for 6 months or longer without a discharge plan. The recipient's institutionalization for a period of 6 months or longer without a discharge plan does not give rise to the presumption if the facility was required by law to adopt a discharge plan but failed to do so. A recipient or a recipient's representative who alleges that there is a reasonable expectation of discharge from the facility and a return home has the burden of demonstrating the reasonable expectation. The reasonable expectation must be established based upon medical evidence and medical opinion. A declaration by the recipient or a recipient's representative that the recipient intends to be discharged from the facility and to return home is not alone sufficient to establish that there is a reasonable expectation of discharge from the facility and a return home.   (3) For purposes of this section, real property of a recipient includes any interest in real property that may be subject to a judgment lien.   History: En. Sec. 8, Ch. 492, L. 1995; amd. Sec. 3, Ch. 403, L. 2003.
MT Code § 53-6-172 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-172. Notice of intent to impose lien -- opportunity for hearing

  53-6-172. Notice of intent to impose lien -- opportunity for hearing. Before imposing a lien under 53-6-171, the department shall provide the recipient 30 days' written notice of its determination under 53-6-171(1)(c), of its intent to impose a lien, and of an opportunity for a hearing pursuant to the department's hearing procedures under Title 2, chapter 4, part 6.   History: En. Sec. 9, Ch. 492, L. 1995.
MT Code § 53-6-173 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-173. 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.
MT Code § 53-6-174 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-174. Filing of lien -- effect of filing -- priority -- renewal -- dissolution of lien

  53-6-174. Filing of lien -- effect of filing -- priority -- renewal -- dissolution of lien. (1) The lien must be filed in the office of the clerk and recorder in the county in which the real property is located.   (2) Filing of the lien constitutes legal notice of the lien to all persons, including subsequent purchasers, encumbrancers, mortgagees, and other lienholders. Upon filing, the lien is prior to any earlier unrecorded interest or claim and is prior to any subsequent interest or claim, whether or not recorded. The lien is subject to any unpaid property taxes, any prior recorded mortgage, or any other prior recorded encumbrance, interest, or claim. For purposes of recovery under 53-6-171 through 53-6-188, a sale, transfer, or exchange of the property by the recipient is considered a relinquishment of any homestead exemption under 70-32-201 and 70-32-202 of the recipient in the property subject to the lien.   (3) Except as provided in 53-6-171 through 53-6-188, the lien has the effect of a judgment lien when the lien is filed. For purposes of provisions of state laws relating to judgment liens, the department is considered the judgment creditor and the recipient or the recipient's spouse or successor in interest is considered the judgment debtor.   (4) After filing, the lien remains effective for a period of 6 years unless earlier satisfied, released, or dissolved. The department may renew a lien for one or more additional 6-year periods.   (5) If the recipient is discharged from the facility and returns home, the lien dissolves and is no longer effective unless a new lien is later imposed in accordance with 53-6-171 through 53-6-188. Following the recipient's discharge and return home, the department shall upon written request file a release of lien in the clerk and recorder's office. Dissolution of the lien under this subsection does not preclude the department from recovering under 53-6-167, 53-6-168, or 53-6-169.   (6) If the lien is imposed pursuant to 53-6-171 on the recipient's interest in jointly owned property that is subject to a right of survivorship, upon the recipient's death, the recipient's interest passes to the survivor, subject to the lien imposed pursuant to 53-6-171.   History: En. Sec. 11, Ch. 492, L. 1995.
MT Code § 53-6-175 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-175. Recovery of medical assistance secured by lien -- application for issuance of writ of execution

  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.
MT Code § 53-6-177 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-177. Action to challenge issuance of writ of execution

  53-6-177. Action to challenge issuance of writ of execution. A person with a recorded interest in or residing lawfully upon the real property described in an application filed under 53-6-175, including the recipient or recipient's estate or a co-owner, purchaser, grantee, encumbrancer, mortgagee, or lienholder, or any person described in 53-6-171(1)(b) or 53-6-178(2) or (3), may, within 60 days of mailing or service of notice or first publication of notice as provided in 53-6-176, file an action in the district court in the county in which the real property is located challenging the requested issuance of a writ of execution. The court shall determine the validity or invalidity of the department's lien and order appropriate relief, including issuance of the writ or denial of the application for issuance of the writ.   History: En. Sec. 14, Ch. 492, L. 1995.
MT Code § 53-6-178 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-178. Department right of recovery -- limitations

  53-6-178. Department right of recovery -- limitations. (1) Except as provided in 53-6-180, 53-6-182, and this section, the department may collect upon its lien as provided in 53-6-171 through 53-6-188.   (2) The department may not recover upon a lien imposed on the recipient's home under 53-6-171 while the recipient's sibling or child who has resided lawfully and continuously in the home for at least 18 months immediately before the recipient's institutionalization continues to lawfully reside in the home. This subsection does not preclude the department from recovering under 53-6-167, 53-6-168, or 53-6-169.   (3) The department may not recover on a lien imposed under 53-6-171 while there is a surviving spouse of the recipient or while there is a surviving child of the recipient who is under 21 years of age, blind, or permanently and totally disabled. This subsection does not preclude the department from later recovery in accordance with 53-6-181.   History: En. Sec. 15, Ch. 492, L. 1995; amd. Sec. 5, Ch. 153, L. 2009.
MT Code § 53-6-179 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-179. Payment of amount due -- periodic payments -- substitute security

  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.
MT Code § 53-6-180 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-180. Waiver of recovery in cases of undue hardship -- rulemaking

  53-6-180. Waiver of recovery in cases of undue hardship -- rulemaking. (1) (a) A person with a recorded interest in real property subject to a lien under 53-6-171 through 53-6-188 or any other interested person may apply to the department, in accordance with procedures established by department rule, for a waiver of recovery because of undue hardship. The department shall waive its recovery under this section, in whole or in part, if it determines that recovery would result in undue hardship as defined by department rule.   (b) The department shall adopt rules, consistent with 42 U.S.C. 1396p, as may be amended, and implementing federal regulations and policies, establishing procedures and criteria for granting undue hardship exceptions under this section. The rules must include but are not limited to rules addressing the following:   (i) a description of the circumstances considered to constitute an undue hardship;   (ii) the procedures by which an individual may seek an undue hardship exception;   (iii) the persons entitled to an undue hardship exception; and   (iv) whether an exception is partial or temporary and the circumstances under which a partial or temporary exception may be granted.   (c) A person aggrieved by a department determination on an application for an undue hardship exception may assert a claim of entitlement to an undue hardship exception in an action filed under 53-6-177 to challenge issuance of the writ. If a person claims entitlement to an undue hardship exception as part of that action, the court shall make a determination on the undue hardship claim in accordance with the department's rules adopted pursuant to this section. Department denial of all or any part of the relief requested in an application for an undue hardship exception under this section may be reviewed by a district court only through filing of an action as provided in this subsection (c). Denial does not grant a right to a contested case hearing or a right to judicial review under the Montana Administrative Procedure Act or the department's rules.   (2) The department may waive recovery of recoverable medical assistance secured by a lien imposed under 53-6-171 if the department determines that recovery would not be cost-effective. In determining whether recovery would be cost-effective, the department may consider but is not limited to consideration of the following factors:   (a) the estimated cost of recovery;   (b) the amount reasonably likely to be recovered;   (c) the likelihood that recovery by the department will cause a person to become eligible for public assistance; and   (d) the importance of the case or the issues in the case and the need for judicial interpretation of issues that may recur with respect to the administration or implementation of 53-6-171 through 53-6-188.   History: En. Sec. 17, Ch. 492, L. 1995.
MT Code § 53-6-181 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-181. Delay in recovery -- sale subject to lien

  53-6-181. Delay in recovery -- sale subject to lien. (1) If the department is precluded by 53-6-178(2) or (3) from recovery upon a lien imposed under 53-6-171 through 53-6-188, the department shall maintain the lien in place and upon elimination of the condition that precluded recovery, the department may recover under this section. The department may not file an application for issuance of a writ of execution to recover under this subsection more than 3 years after elimination of the last condition that precluded recovery.   (2) If upon sale, transfer, or exchange of property subject to a lien imposed pursuant to 53-6-171 through 53-6-188 the department is precluded by 53-6-178(2) or (3) from recovering upon the lien, the lien remains in effect, subject to renewal as provided in 53-6-174, and the sale, transfer, or exchange is also subject to the lien.   History: En. Sec. 18, Ch. 492, L. 1995.
MT Code § 53-6-182 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-182. Spouse's limited exemption from lien

  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.
MT Code § 53-6-183 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-183. Issuance of writ of execution by clerk of court

  53-6-183. Issuance of writ of execution by clerk of court. (1) If the requirements of subsection (2) are met, the clerk of court shall issue a writ of execution specifying the property to be levied upon, the amount due as of the date of filing of the application, and a statement that additional amounts may be due up to and through the date of the sale.   (2) The clerk shall issue the writ if:   (a) (i) an action has not been filed under 53-6-177 within 60 days of mailing, service, or first publication of notice, as provided in 53-6-176;   (ii) the department has filed an affidavit meeting the requirements of 53-6-176(4); and   (iii) the department has filed a sworn application containing the statements required by 53-6-175; or   (b) the court has ordered the issuance of the writ in an action under 53-6-177.   History: En. Sec. 20, Ch. 492, L. 1995.
MT Code § 53-6-184 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-184. Effect of sale -- title acquired

  53-6-184. Effect of sale -- title acquired. The purchaser of property pursuant to a writ of execution issued under 53-6-171 through 53-6-188 acquires the right, title, interest, and claim that the recipient had at the time the lien was imposed, subject only to any right, title, interest, or claim arising from an instrument recorded prior to the department's lien under 53-6-171 and to any unpaid property taxes. The sale is absolute and is not subject to any period of redemption allowed by Title 25, chapter 13, part 8, or other law.   History: En. Sec. 21, Ch. 492, L. 1995.
MT Code § 53-6-185 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-185. Disposition of sale proceeds -- application of recovered medical assistance

  53-6-185. Disposition of sale proceeds -- application of recovered medical assistance. (1) The proceeds of a sale of property sold pursuant to a writ of execution issued under 53-6-183 must be distributed in the following order:   (a) as satisfaction of any unpaid property taxes and prior recorded interests as described in 53-6-174(2);   (b) as payment of any claims under 53-6-186(3) and (4);   (c) to the department for application to any costs incurred under 53-6-186(1) and (2) or incurred in collection;   (d) to the department for recoverable medical assistance.   (2) The department shall apply any funds received under subsection (1)(d) proportionately to the federal and state shares of recoverable medical assistance.   (3) Any excess funds remaining after application of proceeds to recoverable medical assistance must be paid to the recipient, if living, or otherwise to the recipient's representative or successor in interest.   History: En. Sec. 22, Ch. 492, L. 1995.