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.