Text: HSB00651 Text: HSB00653 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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 duringa calendar year1 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 duringa calendar yearthe 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
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 18 03:44:44 CST 1998
URL: /DOCS/GA/77GA/Legislation/HSB/00600/HSB00652/980217.html
jhf