Encumbrances
Medicaid Lien KRS 205.8471
This is a lien filed by the Commonwealth against all property of any provider or recipient who is found to have defrauded the Medicaid program. The notice of the lien is to be recorded like a Lis Pendens KRS 205.8471(3). The statute allows for partial releases as well as full releases of this lien. The Commonwealth would be the legal entity to record the lien or to release the lien. The recording and release fees associated with this document would be the same as a state tax lien.
The document requires:
• The person or entity (Commonwealth of Kentucky) asserting the lien (KRS 382.440 & 382.200)
• The person, persons or entity upon who the lien is being filed against. (KRS 382.440 & 382.200)
• A legal description of the land involved if available (KRS 382.440)
• The document must state the type of lien in which the action is pending.(KRS 382.440)
• A preparation statement (KRS 382.335) (Most liens prepared by Commonwealth of Kentucky do not have a preparation statement )
• The clerk shall request a return mail address (KRS 382.240)
• The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.
RELEASE - MEDICAID PROGRAM LIEN KRS 205.8471
The requirements are the same as a release of any other lis pendens. The State must prepare and sign the release.
The document must have:
- The Commonwealth (KRS 382.470 & 382.200)
- The taxpayer being released (KRS 382.470 & 382.200)
- The book and page reference of the original lien (KRS 382.290)
