# Mont. Code Ann. § 53-6-143: 53-6-143 Medical assistance liens and recoveries > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-143 ## Section - **Citation:** Mont. Code Ann. § 53-6-143 - **Heading:** 53-6-143 Medical assistance liens and recoveries - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-143 ## Text 53-6-143 . Medical assistance liens and recoveries. (1) Except as provided in this section, the department may not impose a lien upon the property of an applicant for or recipient of medical assistance. (2) A lien for recovery of medical assistance paid or to be paid under this chapter may be imposed against the real or personal property of a medicaid applicant or recipient prior to the applicant's or recipient's death only: (a) pursuant to a judgment of a court for recovery of medical assistance paid on behalf of the recipient; (b) on a third-party recovery as provided in 53-2-612 ; (c) as provided in 53-6-171 through 53-6-188 ; or (d) to the extent that the recipient has received medical assistance based upon resources not disregarded pursuant to part 8 of this chapter. (3) The department may recover medical assistance correctly paid on behalf of a recipient only as provided in 53-2-612 , 53-6-167 through 53-6-169 , or 53-6-171 through 53-6-188 or as provided in a written agreement between the department and the recipient or the recipient's representative pursuant to 42 U.S.C. 1382b(b). (4) Except as otherwise specifically provided by 53-6-144 , 53-6-165 through 53-6-169 , 53-6-171 through 53-6-189 , and this section, the department may pursue recovery under any section or combination of sections as may be applicable in a particular case. However, the department may not recover pursuant to 53-6-167 through 53-6-169 or 53-6-171 through 53-6-188 more than the total amount of recoverable medical assistance paid on behalf of a recipient, plus any applicable costs, interest, or other charges specifically allowed by law. The fact that the department has or may have a lien on particular property does not preclude the department from pursuing recovery under another section against other assets of the recipient or assets of another person as provided in 53-6-144 , 53-6-165 through 53-6-169 , 53-6-171 through 53-6-189 , and this section. (5) Except as provided in subsections (5)(a) and (5)(b), the department may not impose a lien under this section upon a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1, or upon the assets of a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1. (a) The department may impose a lien under this section upon a self-sufficiency trust or upon the assets of a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1, if the department is required by federal law to recover or collect from the trust or its assets as a condition of receiving federal financial participation for the medicaid program. (b) To the extent otherwise permitted by this section, the department is not precluded from asserting a claim or imposing a lien upon real or personal property prior to transfer of the property to the trust. If the department imposes a lien upon property prior to transfer to a self-sufficiency trust, any transfer of the property to the trust is subject to the lien. ## Nearby sections - [Mont. Code Ann. § 53-6-101 53-6-101 Montana medicaid program -- authorization of services](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-101.md) - [Mont. Code Ann. § 53-6-104 53-6-104 Freedom of doctors to treat recipients of medical assistance -- freedom to select doctor](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-104.md) - [Mont. Code Ann. § 53-6-105 53-6-105 Discrimination prohibited](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-105.md) - [Mont. Code Ann. § 53-6-106 53-6-106 Health care facility standards -- definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-106.md) - [Mont. Code Ann. § 53-6-107 53-6-107 Sanctions -- penalties](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-107.md) - [Mont. Code Ann. § 53-6-108 53-6-108 Rules governing sanctions or remedies](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-108.md) - [Mont. Code Ann. § 53-6-109 53-6-109 Consistent regulation of long-term care facilities -- rulemaking authority -- timeframes](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-109.md) - [Mont. Code Ann. § 53-6-110 53-6-110 Report and recommendations on medicaid funding](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-110.md) - [Mont. Code Ann. § 53-6-111 53-6-111 Department charged with administration and supervision of medical assistance program -- overpayment recovery -- sanctions for fraudulent and abusive activities -- adoption of rules](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-111.md) - [Mont. Code Ann. § 53-6-112 53-6-112 Department to print and distribute copies of part and certain forms](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-112.md) - [Mont. Code Ann. § 53-6-113 53-6-113 Department to adopt rules](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-113.md) - [Mont. Code Ann. § 53-6-114 53-6-114 Rules of department binding](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-114.md) - [Mont. Code Ann. § 53-6-115 53-6-115 Contracts with other agencies](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-115.md) - [Mont. Code Ann. § 53-6-116 53-6-116 Medicaid managed care -- capitated health care](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-116.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P1_S53-6-143. Check the current official text before relying on it. Not legal advice.