Massachusetts General Laws

Mass. Gen. Laws ch. 118E, § 34 (2026)

Liens and encumbrances

✓ current as of July 2026

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Section 34. No lien or encumbrance of any kind except as may be permitted by the Secretary, shall be required from or imposed against the property of any individual prior to his death because of Medicaid benefits paid or to be paid on his behalf except pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of a Medicaid recipient.

The division shall not be required to pay a recording fee for filing a notice of lien or encumbrance or a release or discharge of a lien or encumbrance under this section.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: In the Matter of the Est. of Mason (Mass. 2023).

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In the Matter of the Est. of Mason (Mass. 2023). · cites it 6× “§ 1396p and G. L. c. 118E, § 34, permit MassHealth to impose a lien prior to a member's death (TEFRA lien2) against the member's property if the member is permanently institutionalized, having been admitted to a medical facility from which she is not reasonably expected to…”

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