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PAG LIN 1 1 Section 1. Section 249A.3, subsection 1, paragraph i, Code 1 2 1995, is amended to read as follows: 1 3 i. Is a pregnant woman who is determined to be 1 4 presumptively eligible by a health care provider qualified 1 5 under the federal Omnibus Budget Reconciliation Act of 1986, 1 6 Pub. L. No. 99-509, } 9407. The woman is eligible for 1 7 ambulatory prenatal care assistancefor a period of fourteen1 8daysuntil the last day of the month following the month of 1 9 the presumptive eligibility determination. If the department 1 10 receives the woman's medical assistance applicationwithin the1 11fourteen-day periodby the last day of the month following the 1 12 month of the presumptive eligibility determination, the woman 1 13 is eligible for ambulatory prenatal care assistancefor forty-1 14five days from the date presumptive eligibility was determined1 15oruntil the department actually determines the woman's 1 16 eligibility or ineligibility for medical assistance, whichever1 17occurs first. The costs of services provided during the 1 18 presumptive eligibility period shall be paid by the medical 1 19 assistance program for those persons who are determined to be 1 20 ineligible through the regular eligibility determination 1 21 process. 1 22 Sec. 2. Section 249A.5, subsection 2, Code 1995, is 1 23 amended by adding the following new paragraph: 1 24 NEW PARAGRAPH. f. If a debt is due under this subsection 1 25 from the estate of a recipient, the administrator of the 1 26 nursing facility, intermediate care facility for the mentally 1 27 retarded, or mental health institute in which the recipient 1 28 resided at the time of the recipient's death, and the personal 1 29 representative of the recipient, if applicable, shall report 1 30 the death to the department within ten days of the death of 1 31 the recipient. For the purposes of this paragraph, "personal 1 32 representative" means a person who filed a medical assistance 1 33 application on behalf of the recipient or who manages the 1 34 financial affairs of the recipient. 1 35 Sec. 3. Section 249A.12, subsection 3, Code 1995, is 2 1 amended to read as follows: 2 2 3. If a county reimburses the department for medical 2 3 assistance provided under this section and the amount of 2 4 medical assistance is subsequently repaid through a medical 2 5 assistance income trust or a medical assistance special needs 2 6 trust as defined in section 633.707, the department shall 2 7 reimburse the county on a proportionate basis. The department 2 8 shall adopt rules to implement this subsection. 2 9 Sec. 4. Section 523A.8, subsection 1, Code 1995, is 2 10 amended by adding the following new paragraph: 2 11 NEW PARAGRAPH. k. State that after all payments are made 2 12 in accordance with the conditions and terms of the agreement 2 13 for funeral merchandise or funeral services, any funds 2 14 remaining in an irrevocable burial trust fund from which the 2 15 costs of funeral merchandise and funeral services are paid 2 16 shall be returned to the estate of the deceased individual for 2 17 purposes of probate pursuant to chapter 633 or if the estate 2 18 is not subject to probate and if the deceased was a recipient 2 19 of medical assistance and a debt is due the department of 2 20 human services pursuant to section 249A.5, the remaining funds 2 21 shall be available for payment of the debt. 2 22 Sec. 5. Section 523E.8, subsection 1, Code 1995, is 2 23 amended by adding the following new paragraph: 2 24 NEW PARAGRAPH. k. State that after all payments are made 2 25 in accordance with the conditions and terms of the agreement 2 26 for cemetery merchandise, any funds remaining in an 2 27 irrevocable burial trust fund from which cemetery merchandise 2 28 costs are paid shall be returned to the estate of the deceased 2 29 individual for purposes of probate pursuant to chapter 633 or 2 30 if the estate is not subject to probate and if the deceased 2 31 was a recipient of medical assistance and a debt is due the 2 32 department of human services pursuant to section 249A.5, the 2 33 remaining funds shall be available for payment of the debt. 2 34 Sec. 6. Section 561.19, Code 1995, is amended to read as 2 35 follows: 3 1 561.19 EXEMPTION IN HANDS OF ISSUE. 3 2 Where the homestead descends to the issue of either spouse 3 3 thesameissue shall be heldby such issueexempt from any 3 4 antecedent debts oftheirthe issue's parents ortheir own3 5 antecedent debts of the issue, except those of the owner 3 6thereofof the homestead contracted prior toitsacquisition 3 7 of the homestead or those created under section 249A.5 3 8 relating to the recovery of medical assistance payments. 3 9 Sec. 7. Section 633.410, Code 1995, is amended to read as 3 10 follows: 3 11 633.410 LIMITATION ON FILING CLAIMS AGAINST DECEDENT'S 3 12 ESTATE. 3 13 All claims against a decedent's estate, other than charges, 3 14 whether due or to become due, absolute or contingent, 3 15 liquidated or unliquidated, founded on contract or otherwise, 3 16 are forever barred against the estate, the personal 3 17 representative, and the distributees of the estate, unless 3 18 filed with the clerk within the later to occur of four months 3 19 after the date of the second publication of the notice to 3 20 creditors or, as to each claimant whose identity is reasonably 3 21 ascertainable, one month after service of notice by ordinary 3 22 mail to the claimant's last known address. However, notice is 3 23 not required to be given by mail to any creditor whose claim 3 24 will be paid or otherwise satisfied during administration and 3 25 the personal representative may waive the limitation on filing 3 26 provided under this section. This section does not bar claims 3 27 for which there is insurance coverage, to the extent of the 3 28 coverage, claims for debts created under section 249A.5 3 29 relating to the recovery of medical assistance payments, or 3 30 claimants entitled to equitable relief due to peculiar 3 31 circumstances. 3 32 Sec. 8. Section 633.708, Code 1995, is amended to read as 3 33 follows: 3 34 633.708 DISPOSITION OF MEDICAL ASSISTANCE SPECIAL NEEDS 3 35 TRUSTS. 4 1 Regardless of the terms of a medical assistance special 4 2 needs trust, anyproperty received or held by the trustincome 4 3 received or asset added to the trust during a one-month period 4 4 shall be expended as provided for medical assistance income 4 5 trusts under section 633.709, on a monthly basis, during the 4 6 life of the beneficiary. Any increase in income or principal 4 7 retained in the trust from a previous month may be expended, 4 8 during the life of the beneficiary, only for reasonable and 4 9 necessary expenses of the trust, not to exceed ten dollars per 4 10 month without court approval, for special needs of the 4 11 beneficiary attributable to the beneficiary's disability and 4 12 approved by the district court, for medical care or services 4 13 that would otherwise be covered by medical assistance under 4 14 chapter 249A, or to reimburse the state for medical assistance 4 15 paid on behalf of the beneficiary. 4 16 Sec. 9. EFFECTIVE DATE. Section 8 of this Act, which 4 17 amends section 633.708, takes effect October 1, 1995. 4 18 SF 82 4 19 pf/cc/26
Text: SF00081 Text: SF00083 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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