53-6-182. Spouse's limited exemption from lien. (1) Subject to Title 70, chapter 32, a recipient's surviving spouse who owns a home or an interest in a home in which the spouse resides that is subject to a lien imposed under 53-6-171 through 53-6-188 is, upon sale, transfer, or exchange of the home, entitled to an exemption from the department's lien in an amount determined in accordance with this section. The exemption is in the form of:
     (a) a partial release of the department's lien if the exemption amount is less than the full amount of the department's lien; or
     (b) a full release of the department's lien if the exemption amount is equal to or greater than the full amount of the department's lien.
     (2) The amount of the exemption is the lesser of an amount equal to:
     (a) the fair market value of the interest in the home that the surviving spouse received from the recipient by distribution or survival; or
     (b) $100,000 minus the total fair market value of all of the surviving spouse's assets, other than the interest in the home that the surviving spouse received from the recipient by distribution or survival. For purposes of this section, the surviving spouse's assets do not include personal property that is exempt from execution under Title 25, chapter 13, part 6.
     (3) The department may by rule require a surviving spouse to file an application for the exemption and to provide information, documentation, and verification regarding the applicant's assets and the fair market value of assets. The department shall provide the applicant notice of its determination on the application and of the opportunity for a hearing pursuant to Title 2, chapter 4, part 6.
     (4) Upon determination by the department that the applicant is entitled to an exemption, the department shall provide to the applicant an appropriate full or partial release in the amount of the exemption.

     History: En. Sec. 19, Ch. 492, L. 1995.