Section 405IAC2-10-7. Effect of filing; duration  


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  •    (a) From the date on which the notice of lien is recorded in the office of the county recorder, the notice of lien:

    (1) constitutes due notice of a lien against the recipient or recipient's estate for any amount then recoverable and any amounts that become recoverable under this article; and

    (2) gives a specific lien in favor of the office on the Medicaid recipient's interest in the real property.

      (b) The lien continues from the date of filing until the lien:

    (1) is satisfied;

    (2) is released; or

    (3) expires.

    The lien automatically expires unless the office commences a foreclosure action not later than two (2) years after the Medicaid recipient's death. (Office of the Secretary of Family and Social Services; 405 IAC 2-10-7; filed Dec 13, 2002, 4:00 p.m.: 26 IR 1548; filed Jul 21, 2004, 5:15 p.m.: 27 IR 3985; readopted filed Sep 19, 2007, 12:16 p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFA)