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 26B-3-1017; (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 26B-3-1015(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 26B-3-1015(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.