Text: SF02302 Text: SF02304 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 249A.5, subsection 2, paragraph f, Code 1 2 Supplement 1995, is amended to read as follows: 1 3 f. (1) If a debt is due under this subsection from the 1 4 estate of a recipient, the administrator of the nursing 1 5 facility, intermediate care facility for the mentally 1 6 retarded, or mental health institute in which the recipient 1 7 resided at the time of the recipient's death, and the personal 1 8 representative of the recipient, if applicable, shall report 1 9 the death to the department within ten days of the death of 1 10 the recipient.For the purposes of this paragraph, "personal1 11representative" means a person who filed a medical assistance1 12application on behalf of the recipient or who manages the1 13financial affairs of the recipient.1 14 (2) If a personal representative or executor of an estate 1 15 makes a distribution either in whole or in part of the 1 16 property of an estate to the heirs, next of kin, distributees, 1 17 legatees, or devisees without having executed the obligations 1 18 pursuant to section 633.425, the personal representative or 1 19 executor may be held personally liable for the amount of 1 20 medical assistance paid on behalf of the recipient, to the 1 21 full value of any property belonging to the estate which may 1 22 have been in the custody or control of the personal 1 23 representative or executor. 1 24 (3) For the purposes of this paragraph, "executor" means 1 25 executor as defined in section 633.3, and "personal 1 26 representative" means a person who filed a medical assistance 1 27 application on behalf of the recipient or who manages the 1 28 financial affairs of the recipient. 1 29 Sec. 2. Section 249A.19, Code 1995, is amended to read as 1 30 follows: 1 31 249A.19 HEALTH CARE FACILITIES – PENALTY. 1 32 The department shall adopt rules pursuant to chapter 17A to 1 33 assess and collect, with interest, a civil penalty for each 1 34 day a health care facility which receives medical assistance 1 35 reimbursements does not comply with the requirements of the 2 1 federal Social Security Act, } 1919, as codified in 42 U.S.C. 2 2 } 1396r. A civil penalty shall not exceed the amount 2 3 authorized undersection 135C.3642 C.F.R. } 488.438 for 2 4 health care facility violations. Any moneys collected by the 2 5 department pursuant to this section shall be applied to the 2 6 protection of the health or property of the residents of the 2 7 health care facilities which are determined by the state or by 2 8 the federal health care financing administration to be out of 2 9 compliance. The purposes for which the collected moneys shall 2 10 be applied may include payment for the costs of relocation of 2 11 residents to other facilities, maintenance or operation of a 2 12 health care facility pending correction of deficiencies or 2 13 closure of the facility, and reimbursing residents for 2 14 personal funds lost. If a health care facility is assessed a 2 15 civil penalty under this section, the health care facility 2 16 shall not be assessed a penalty under section 135C.36 for the 2 17 same violation. 2 18 Sec. 3. Section 249F.1, subsection 2, paragraph b, Code 2 19 1995, is amended to read as follows: 2 20 b. However, transfer of assets does not include the 2 21 following: 2 22 (1) Transfers to or for the sole benefit of the 2 23 transferor's spouse, including a transfer to a spouse by an 2 24 institutionalized spouse pursuant to section 1924(f)(1) of the 2 25 federal Social Security Act. 2 26 (2) Transfers, other than the transfer of a dwelling,to 2 27 or for the sole benefit of the transferor's child who is blind 2 28 or disabled as defined in section 1614 of the federal Social 2 29 Security Act. 2 30 (3) Transfer of a dwelling, which serves as the 2 31 transferor's home as defined in 20 C.F.R. } 416.1212, to a 2 32 child of the transferor under twenty-one years of age. 2 33 (4) Transfer of a dwelling, which serves as the 2 34 transferor's home as defined in 20 C.F.R. } 416.1212, after 2 35 the transferor is institutionalized, to either of the 3 1 following: 3 2 (a) A sibling of the transferor who has an equity interest 3 3 in the dwelling and who was residing in the dwelling for a 3 4 period of at least one year immediately prior to the date the 3 5 transferor became institutionalized. 3 6 (b) A child of the transferor who was residing in the 3 7 dwelling for a period of at least two years immediately prior 3 8 to the date the transferor became institutionalized and who 3 9 provided care to the transferor which permitted the transferor 3 10 to reside at the dwelling rather than in an institution or 3 11 facility. 3 12 (5) Transfers of less than two thousand dollars.For3 13purposes of this chapter,However, all transfers by the same 3 14 transferor during a calendar yearwillshall be aggregated. 3 15 If a transferor transfers property to more than one transferee 3 16 during a calendar year, the two thousand dollar exemption 3 17 shall be divided equally between the transferees. 3 18 (6) Transfersof propertythat would, at the time of the 3 19 transferor's application for medical assistance, have been 3 20 exempt from consideration as a resource if it had been 3 21 retained by the transferor, pursuant to 42 U.S.C. } 1382b(a), 3 22 as implemented by regulations adopted by the secretary of the 3 23 United States department of health and human services, and3 24pursuant to section 561.16 and chapter 627. 3 25 (7) Transfers to a trust established solely for the 3 26 benefit of the transferor's child who is blind or permanently 3 27 and totally disabled as defined in the federal Social Security 3 28 Act, section 1614, as codified in 42 U.S.C. } 1382b. 3 29 (8) Transfers to a trust established solely for the 3 30 benefit of an individual under sixty-five years of age who is 3 31 disabled, as defined in the federal Social Security Act, 3 32 section 1614, as codified in 42 U.S.C. } 1382b. 3 33 (9) Transfer of a homestead, as defined in sections 561.1, 3 34 561.2, and 561.3. 3 35 Sec. 4. Section 249F.2, Code 1995, is amended to read as 4 1 follows: 4 2 249F.2 CREATION OF DEBT. 4 3 A transfer of assets creates a debt due and owing to the 4 4 department of human services from the transferee in an amount 4 5 equal to medical assistance provided to or on behalf of the 4 6 transferor, on or after the date of the transfer of assets, 4 7 but not exceeding the fair market value of the assetswhich4 8are not exempt under section 249F.1at the time of the 4 9 transfer. 4 10 EXPLANATION 4 11 This bill makes several changes related to medical 4 12 assistance. 4 13 The bill requires any personal representative or the 4 14 executor of an estate of a medical assistance recipient, whose 4 15 estate is subject to recovery under the medical assistance 4 16 program, to make distribution of the estate to the department 4 17 of human services prior to distributions to others who have 4 18 claims to assets. 4 19 The bill also conforms references in the Code to current 4 20 federal citations relating to nursing facility fines which are 4 21 higher than those required under current state law. The bill 4 22 conforms the Code to current federal requirements relating to 4 23 transfers of assets under the medical assistance program 4 24 including the defining of "homestead" for the purposes of 4 25 exempting the homestead from transfer of assets limitations 4 26 and deleting the references to exemptions for other purposes. 4 27 LSB 3293SV 76 4 28 pf/sc/14
Text: SF02302 Text: SF02304 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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