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Utah Administrative Code (Current through November 1, 2019) |
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R527. Human Services, Recovery Services |
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R527-800. Acquisition of Real Property, and Medical Support Cooperation Requirements |
| R527-800-1. Purpose and Authority |
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Latest version.
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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 |
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Latest version.
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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 |
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Latest version.
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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 |
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Latest version.
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The costs of sale which are allowed are those provided in 62A-11-111. |
| R527-800-5. Sanction, Medical Support, TPL, Paternity |
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Latest version.
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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. |