Senate Bill 0331
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DIGEST OF SB331 (Updated February 18, 2003 4:17 PM - DI 84)
Medicaid lien recovery. Removes a provision that prohibits the office of Medicaid policy and planning from: (1) obtaining a lien against a person lawfully residing in the home of a Medicaid recipient who provides care to the recipient in the home; and (2) enforcing a lien if the Medicaid recipient is survived by a family member. Automatically terminates a lien if the office does not commence foreclosure within seven years after the Medicaid recipient's death. Removes the lien exemption. Repeals the portion of the Medicaid law that provides for subordination of the lien to the security interest of a financial institution that lends money for certain purposes; however, provides that a Medicaid lien is subordinate to the security interest of a financial institution that loans money to be used as operating capital for the operation of a farm, a business, or as income producing real property. Adds a provision that details when a Medicaid lien is void.
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