2014 Kentucky Revised Statutes CHAPTER 205 - PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE 205.8471 Lien on property of provider or recipient defrauding Medicaid program.
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205.8471 Lien on property of provider or recipient defrauding Medicaid
program.
(1)
(2)
(3)
(4)
(5)
The Commonwealth shall have a lien against all property of any provider or
recipient who is found to have defrauded the Medicaid program for an amount
equal to the sum defrauded plus any interest and penalties levied under KRS
205.8451 to 205.8483. The lien shall attach to all property and rights to
property owned by the provider or recipient and all property subsequently
acquired after a finding of fraud by the Cabinet for Health and Family Services.
The lien imposed by subsection (1) of this section shall not be defeated by gift,
devise, sale, alienation, or any other means, and shall include the sum
defrauded and all interest, penalties, fees, or other expenses associated with
collection of the debt. The lien shall have priority over any other lien or
obligation against the property, except as provided in subsection (3) of this
section.
The lien imposed by subsection (1) of this section shall not be valid as against
any purchaser, judgment lien creditor, or holder of a security interest or
mechanic's lien which was filed prior to the date on which notice of the lien
created by this section is filed by the secretary for health and family services or
his designee with the county clerk of the county or counties in which the
provider's business or residence is located, or in any county in which the
taxpayer has an interest in property. The notice of lien shall be recorded in the
same manner as the notice of lis pendens.
The secretary for health and family services shall issue a partial release of any
part of the property subject to lien upon payment by the debtor of that portion of
the debt and any interest, penalty, or fees covered by the lien on that property.
The secretary for health and family services may enforce the lien created
pursuant to this section in the manner provided for the enforcement of statutory
liens under KRS 376.110 to 376.130.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 283, effective June 20, 2005. -Amended 1998 Ky. Acts ch. 426, sec. 230, effective July 15, 1998. -- Created
1994 Ky. Acts ch. 96, sec. 11, effective July 15, 1994; and ch. 316, sec. 11,
effective July 15, 1994.
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