Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since February 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R527. Human Services, Recovery Services.

Rule R527-800. Acquisition of Real Property, and Medical Support Cooperation Requirements.

As in effect on February 1, 2019

Table of Contents

R527-800-1. Purpose and Authority.

A. Purpose

Enforcement actions may be initiated against real property to satisfy financial obligations when other methods have failed or are unavailable in a case.

B. Authority

Section 62A-11-104 charges the Office of Recovery Services with the duty to collect money due the department. Enforcement actions shall be initiated in accordance with the specific statutory authority provided under specific state statute and in accordance with the Criminal Code, Utah Rules of Civil Procedure Uniform Probate Code and the Judicial Code Utah Code Annotated.

R527-800-2. Acquisition and Disposition of Real Property.

A. The department may acquire property in payment for an obligation by:

1. voluntary conveyance;

2. conveyance by heirs; or

3. execution.

B. Acquisition of real property is an action of last resort.

C. Voluntary conveyance shall be by Warranty or Quit Claim Deed in favor of the department.

D. Property owned by the state is tax exempt in accordance with Section 59-2-1101.

R527-800-3. Sale of Real Property.

A. Certified appraisals and preliminary title reports may be requested.

B. The department will not provide title insurance. The State will clear all back taxes and encumbrances from the property at the time of closing.

R527-800-4. Liens, Cost of Sale.

The costs of sale which are allowed are those provided in 62A-11-111.

R527-800-5. Sanction, Medical Support, TPL, Paternity.

In accordance with 42 CFR 433.147-148 a recipient of medical assistance must cooperate with the state agency in providing information regarding Third Party Liability, establishment of paternity for children to establish medical support liability, and in utilizing all available third party resources to offset medicaid expenditures. Failure to cooperate will result in the recipient being removed from the medical assistance case.

KEY

enforcement, civil procedures, Medicaid, welfare fraud

Date of Enactment or Last Substantive Amendment

September 18, 2001

Notice of Continuation

November 16, 2015

Authorizing, Implemented, or Interpreted Law

59-2-1101; 62A-11-111; 62A-11-104; 42 CFR 433.147; 42 CFR 433.148


Additional Information

Contact

For questions regarding the content or application of rules under Title R527, please contact the promulgating agency (Human Services, Recovery Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.