Text: HSB00651                          Text: HSB00653
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House Study Bill 652

Bill Text

PAG LIN
  1  1    Section 1.  Section 249A.5, subsection 2, Code 1997, is
  1  2 amended by adding the following new paragraph after paragraph
  1  3 b and relettering the subsequent paragraphs:
  1  4    NEW PARAGRAPH.  c.  The department shall adopt rules to
  1  5 determine the value of a life estate held by a decedent.
  1  6    Sec. 2.  Section 249F.1, subsection 2, paragraph b,
  1  7 subparagraph (5), Code Supplement 1997, is amended to read as
  1  8 follows:
  1  9    (5)  Transfers of less than two thousand dollars.  However,
  1 10 all transfers by the same transferor during a calendar year
  1 11 the five-year period prior to application for medical
  1 12 assistance by the transferor shall be aggregated.  If a
  1 13 transferor transfers property to more than one transferee
  1 14 during a calendar year the five-year period prior to
  1 15 application for medical assistance by the transferor, the two
  1 16 thousand dollar exemption shall be divided equally between the
  1 17 transferees.
  1 18    Sec. 3.  Section 249F.1, subsection 2, paragraph b,
  1 19 subparagraph (9), Code Supplement 1997, is amended by striking
  1 20 the subparagraph.
  1 21    Sec. 4.  Section 249F.3, subsection 1, unnumbered paragraph
  1 22 1, Code 1997, is amended to read as follows:
  1 23    The department of human services may issue a notice
  1 24 establishing and demanding payment of an accrued or accruing
  1 25 debt due and owing to the department of human services as
  1 26 provided in section 249F.2.  The notice shall be sent by
  1 27 restricted certified mail, as defined in section 618.15, to
  1 28 the transferee at the transferee's last known address.  If
  1 29 service of the notice is unable to be completed by restricted
  1 30 certified mail, the notice shall be served upon the transferee
  1 31 in accordance with the rules of civil procedure.  The notice
  1 32 shall include all of the following:
  1 33    Sec. 5.  Section 249F.4, subsection 2, Code 1997, is
  1 34 amended to read as follows:
  1 35    2.  The certification shall include true copies of the
  2  1 original notice, the return of service, if applicable, any
  2  2 request for an informal conference, any subsequent notices,
  2  3 the written request for hearing, and true copies of any
  2  4 administrative orders previously entered.
  2  5    Sec. 6.  NEW SECTION.  249F.6A  EXEMPTION FROM CHAPTER 17A.
  2  6    Actions initiated under this chapter are not subject to
  2  7 contested case proceedings or further review pursuant to
  2  8 chapter 17A.  Review by the district court shall be an
  2  9 original hearing before the court.
  2 10    Sec. 7.  Section 535.3, Code Supplement 1997, is amended by
  2 11 adding the following new subsection:
  2 12    NEW SUBSECTION.  3.  Interest shall be allowed on all money
  2 13 due on final decisions of contested case proceedings pursuant
  2 14 to chapter 17A, in accordance with subsection 1, when the
  2 15 contested case relates to overpayment under the medical
  2 16 assistance program and the debt is due to the error of the
  2 17 debtor.
  2 18    Sec. 8.  Section 633.477, Code 1997, is amended by adding
  2 19 the following new subsection:
  2 20    NEW SUBSECTION.  13.  A statement as to whether a debt is
  2 21 due to the department of human services for medical assistance
  2 22 provided to the deceased pursuant to section 249A.5,
  2 23 subsection 2, to be paid by all parties subject to the estate
  2 24 recovery provisions of that subsection.  
  2 25                           EXPLANATION
  2 26    Code section 249A.5 is amended to direct the department to
  2 27 adopt rules for determining the value of a life estate of a
  2 28 decedent for the purposes of the estate recovery program.
  2 29    The bill amends chapter 249F of the Code, relating to
  2 30 transfer of assets under the medical assistance program.
  2 31    Code section 249F.1 is amended to limit the amount of cash
  2 32 transfers to $2,000 during the five-year period prior to
  2 33 application for medical assistance by the transferor, and not
  2 34 during each calendar year.  The bill also provides that if a
  2 35 transfer is made to more than one transferee during that
  3  1 period, the $2,000 exemption is to be divided between all
  3  2 transferees.
  3  3    Code section 249F.1 is also amended by striking the
  3  4 exemption for transfers of homesteads other than those
  3  5 transfers allowed under federal law.  Earlier subsections
  3  6 exempt such transfers to a spouse, a disabled or minor child,
  3  7 a child who has provided care to the transferor, or a sibling
  3  8 residing with the transferor.
  3  9    Code section 249F.3 is amended to provide for notice to a
  3 10 transferee by restricted certified mail.
  3 11    Code section 249F.4 is amended to provide a conforming
  3 12 change to reflect the change in Code section 249F.3, and new
  3 13 Code section 249F.6A provides that actions under the chapter
  3 14 are not subject to contested case or further review under
  3 15 chapter 17A but shall be reviewed by the district court in an
  3 16 original hearing.
  3 17    Code section 535.3 is amended to provide for the accrual of
  3 18 interest on debts owed based upon contested case proceedings
  3 19 resulting from overpayment due to the debtor's error under the
  3 20 medical assistance program.
  3 21    Code section 633.477 is amended by adding to the checklist
  3 22 used in probating an estate claims against the estate by the
  3 23 department of human services for medical assistance debt of
  3 24 the deceased.  
  3 25 LSB 3199DP 77
  3 26 pf/cf/24
     

Text: HSB00651                          Text: HSB00653
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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