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House File 2321

Partial Bill History

Bill Text

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  1  1                                            HOUSE FILE 2321
  1  2 
  1  3                             AN ACT 
  1  4 RELATING TO MEDICAL ASSISTANCE, INCLUDING ELIGIBILITY
  1  5    CATEGORIES AND TRANSFER OF ASSETS.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 249A.3, subsection 8, paragraph c, Code
  1 10 Supplement 1999, is amended to read as follows:
  1 11    c.  A specified low-income Medicare beneficiary as defined
  1 12 under Title XIX of the federal Social Security Act, section
  1 13 1902(a)(10)(E)(iii), as codified in 42 U.S.C. }
  1 14 1396a(a)(10)(E)(iii).
  1 15    Sec. 2.  Section 249A.3, subsection 8, Code Supplement
  1 16 1999, is amended by adding the following new paragraphs:
  1 17    NEW PARAGRAPH.  d.  An additional specified low-income
  1 18 Medicare beneficiary as described under Title XIX of the
  1 19 federal Social Security Act, section 1902(a)(10)(E)(iv)(I), as
  1 20 codified in 42 U.S.C. } 1396a(a)(10)(E)(iv)(I).
  1 21    NEW PARAGRAPH.  e.  An additional specified low-income
  1 22 Medicare beneficiary described under Title XIX of the federal
  1 23 Social Security Act, section 1902(a)(10)(E)(iv)(II), as
  1 24 codified in 42 U.S.C. } 1396a(a)(10)(E)(iv)(II).
  1 25    Sec. 3.  Section 249A.3, subsection 11, Code Supplement
  1 26 1999, is amended by adding the following new paragraphs:
  1 27    NEW PARAGRAPH.  c.  A disclaimer of any property, interest,
  1 28 or right pursuant to section 633.704 constitutes a transfer of
  1 29 assets for the purpose of determining eligibility for medical
  1 30 assistance in an amount equal to the value of the property,
  1 31 interest, or right disclaimed.
  1 32    NEW PARAGRAPH.  d.  Failure of a surviving spouse to take
  1 33 against a will pursuant to chapter 633, division V,
  1 34 constitutes a transfer of assets for the purpose of
  1 35 determining eligibility for medical assistance to the extent
  2  1 that the value received by taking against the will would have
  2  2 exceeded the value of the inheritance received under the will.
  2  3    Sec. 4.  Section 249F.1, subsection 2, paragraph b,
  2  4 subparagraph (5), Code 1999, is amended to read as follows:
  2  5    (5)  Transfers of less than two thousand dollars.  However,
  2  6 all transfers by the same transferor during a calendar year
  2  7 the five-year period prior to application for medical
  2  8 assistance by the transferor shall be aggregated.  If a
  2  9 transferor transfers property to more than one transferee
  2 10 during a calendar year the five-year period prior to
  2 11 application for medical assistance by the transferor, the two
  2 12 thousand dollar exemption shall be divided equally between the
  2 13 transferees.
  2 14    Sec. 5.  Section 249F.1, subsection 2, paragraph b,
  2 15 subparagraph (9), Code 1999, is amended by striking the
  2 16 subparagraph.
  2 17    Sec. 6.  NEW SECTION.  249F.6A  EXEMPTION FROM CHAPTER 17A.
  2 18    Actions initiated under this chapter are not subject to
  2 19 chapter 17A.  Review by the district court shall be an
  2 20 original hearing before the district court.
  2 21    Sec. 7.  NEW SECTION.  633.246A  MEDICAL ASSISTANCE
  2 22 ELIGIBILITY.
  2 23    Failure of a surviving spouse to take against a will under
  2 24 this division constitutes a transfer of assets for the purpose
  2 25 of determining eligibility for medical assistance pursuant to
  2 26 chapter 249A to the extent that the value received by taking
  2 27 against the will would have exceeded the value of the
  2 28 inheritance received under the will.
  2 29    Sec. 8.  Section 633.704, Code Supplement 1999, is amended
  2 30 by adding the following new subsection:
  2 31    NEW SUBSECTION.  4A.  MEDICAL ASSISTANCE ELIGIBILITY.  A
  2 32 disclaimer of any property, interest, or right under this
  2 33 section constitutes a transfer of assets for the purpose of
  2 34 determining eligibility for medical assistance under chapter
  2 35 249A, in an amount equal to the value of the property,
  3  1 interest, or right disclaimed.  
  3  2 
  3  3 
  3  4                                                             
  3  5                               BRENT SIEGRIST
  3  6                               Speaker of the House
  3  7 
  3  8 
  3  9                                                             
  3 10                               MARY E. KRAMER
  3 11                               President of the Senate
  3 12 
  3 13    I hereby certify that this bill originated in the House and
  3 14 is known as House File 2321, Seventy-eighth General Assembly.
  3 15 
  3 16 
  3 17                                                             
  3 18                               ELIZABETH ISAACSON
  3 19                               Chief Clerk of the House
  3 20 Approved                , 2000
  3 21 
  3 22 
  3 23                               
  3 24 THOMAS J. VILSACK
  3 25 Governor
     
Text: HF02320                           Text: HF02322
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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