Text: HSB00615 Text: HSB00617 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 249A.3, subsection 2, Code Supplement 1 2 1999, is amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. j. Children for whom the court has entered 1 4 an order transferring guardianship under section 232.104, 1 5 subsection 2, paragraph "d", subparagraph (1), and for whom 1 6 subsidized guardianship assistance is being paid by the 1 7 department. 1 8 Sec. 2. Section 249A.3, subsection 8, paragraph c, Code 1 9 Supplement 1999, is amended to read as follows: 1 10 c. A specified low-income Medicare beneficiary as defined 1 11 under Title XIX of the federal Social Security Act, section 1 12 1902(a)(10)(E)(iii), as codified in 42 U.S.C. } 1 13 1396a(a)(10)(E)(iii). 1 14 Sec. 3. Section 249A.3, subsection 8, Code Supplement 1 15 1999, is amended by adding the following new paragraphs: 1 16 NEW PARAGRAPH. d. An additional specified low-income 1 17 Medicare beneficiary as described under Title XIX of the 1 18 federal Social Security Act, section 1902(a)(10)(E)(iv)(I), as 1 19 codified in 42 U.S.C. } 1396a(a)(10)(E)(iv)(I). 1 20 NEW PARAGRAPH. e. An additional specified low-income 1 21 Medicare beneficiary described under Title XIX of the federal 1 22 Social Security Act, section 1902(a)(10)(E)(iv)(II), as 1 23 codified in 42 U.S.C. } 1396a(a)(10)(E)(iv)(II). 1 24 Sec. 4. Section 249A.3, subsection 11, Code Supplement 1 25 1999, is amended by adding the following new paragraphs: 1 26 NEW PARAGRAPH. c. A disclaimer of any property, interest, 1 27 or right pursuant to section 633.704 constitutes a transfer of 1 28 assets for the purpose of determining eligibility for medical 1 29 assistance in an amount equal to the value of the property, 1 30 interest, or right disclaimed. 1 31 NEW PARAGRAPH. d. Failure of a surviving spouse to take 1 32 against a will pursuant to chapter 633, division V, 1 33 constitutes a transfer of assets for the purpose of 1 34 determining eligibility for medical assistance to the extent 1 35 that the value received by taking against the will would have 2 1 exceeded the value of the inheritance received under the will. 2 2 Sec. 5. Section 249F.1, subsection 2, paragraph b, 2 3 subparagraph (5), Code 1999, is amended to read as follows: 2 4 (5) Transfers of less than two thousand dollars. However, 2 5 all transfers by the same transferor duringa calendar year2 6 the five-year period prior to application for medical 2 7 assistance by the transferor shall be aggregated. If a 2 8 transferor transfers property to more than one transferee 2 9 duringa calendar yearthe five-year period prior to 2 10 application for medical assistance by the transferor, the two 2 11 thousand dollar exemption shall be divided equally between the 2 12 transferees. 2 13 Sec. 6. Section 249F.1, subsection 2, paragraph b, 2 14 subparagraph (9), Code 1999, is amended by striking the 2 15 subparagraph. 2 16 Sec. 7. NEW SECTION. 249F.6A EXEMPTION FROM CHAPTER 17A. 2 17 Actions initiated under this chapter are not subject to 2 18 chapter 17A. Review by the district court shall be an 2 19 original hearing before the district court. 2 20 Sec. 8. NEW SECTION. 633.246A MEDICAL ASSISTANCE 2 21 ELIGIBILITY. 2 22 Failure of a surviving spouse to take against a will under 2 23 this division constitutes a transfer of assets for the purpose 2 24 of determining eligibility for medical assistance pursuant to 2 25 chapter 249A to the extent that the value received by taking 2 26 against the will would have exceeded the value of the 2 27 inheritance received under the will. 2 28 Sec. 9. Section 633.704, Code Supplement 1999, is amended 2 29 by adding the following new subsection: 2 30 NEW SUBSECTION. 4A. MEDICAL ASSISTANCE ELIGIBILITY. A 2 31 disclaimer of any property, interest, or right under this 2 32 section constitutes a transfer of assets for the purpose of 2 33 determining eligibility for medical assistance under chapter 2 34 249A, in an amount equal to the value of the property, 2 35 interest, or right disclaimed. 3 1 EXPLANATION 3 2 This bill amends portions of the Code relating to medical 3 3 assistance. 3 4 The bill provides for three additions to the eligibility 3 5 categories for medical assistance and corrects a reference to 3 6 an existing eligibility category. 3 7 The first medical assistance eligibility category added 3 8 under the bill includes children under the subsidized 3 9 guardianship program. These are children who are not able to 3 10 return home, who are not being adopted, who have been placed 3 11 with a guardian in a court-approved home, and for whom the 3 12 guardian is receiving payment through the department's 3 13 subsidized guardianship program. 3 14 The remaining two eligibility categories added under the 3 15 bill relate to coverage for certain Medicare beneficiaries. 3 16 Coverage of these categories of individuals was mandated in 3 17 the federal Balanced Budget Act of 1997, to be effective 3 18 January 1998. To date, this required coverage has been 3 19 implemented under administrative rules. The bill would codify 3 20 existing practice. The first of the required coverage 3 21 categories of eligibles, additional specified low-income 3 22 Medicare beneficiaries, includes individuals whose income is 3 23 at least 120 percent but less than 135 percent of the federal 3 24 poverty level. For these individuals, coverage would provide 3 25 for payment of the full Medicare part B premium. Part B 3 26 covered services include physician and other medical services, 3 27 outpatient hospital care, ambulatory surgical services, home 3 28 health, clinical diagnostic laboratory services, and 3 29 preventive services. The second of the required categories of 3 30 eligibles, home health for specified low-income Medicare 3 31 beneficiaries, includes individuals whose income is at least 3 32 135 percent but not more than 175 percent of the official 3 33 poverty level. For these individuals, coverage would provide 3 34 for payment of only the home health portion of the Medicare 3 35 part B premium. 4 1 The bill also addresses disclaimers of inheritance and 4 2 failure of a spouse to take against a will under the probate 4 3 code, as these mechanisms relate to transfer of assets 4 4 policies when establishing eligibility under the medical 4 5 assistance program. Current use of these mechanisms could 4 6 allow a person to avoid receiving assets resulting in the 4 7 person being erroneously eligible for medical assistance. The 4 8 bill establishes that under the probate code, a disclaimer of 4 9 property, interest, or right constitutes a transfer of assets, 4 10 in determining medical assistance eligibility, in the amount 4 11 of the value of the property, interest, or right. The bill 4 12 also provides that failure of a spouse to take against a will 4 13 constitutes a transfer of assets, in determining medical 4 14 assistance eligibility, to the extent the value received by 4 15 taking against the will would have exceeded the value of the 4 16 inheritance received under the will. The bill provides 4 17 conforming language in both the medical assistance chapter 4 18 (Code chapter 249A) and in the probate code chapter (Code 4 19 chapter 633). 4 20 The bill also includes changes relating to transfer of 4 21 assets relating to medical assistance debt. The bill corrects 4 22 the exemption of transfers of assets of less than $2,000 per 4 23 calendar year to instead provide for exemption of a transfer 4 24 of assets of $2,000 over the five-year look back period, which 4 25 is consistent with federal law. The bill also eliminates a 4 26 provision which would exempt the transfer of a homestead to 4 27 any person rather than just to those persons exempt under 4 28 federal law. Other existing provisions in the Code remain to 4 29 allow for the federally required exemptions relating to 4 30 transfer of a homestead. The bill also provides that actions 4 31 initiated under the transfer of assets for medical assistance 4 32 debt chapter (Code chapter 249F) are not subject to Code 4 33 chapter 17A and that review by the district court would be an 4 34 original hearing before the court. 4 35 LSB 5239DP 78 5 1 pf/as/5.2
Text: HSB00615 Text: HSB00617 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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