Text: HSB00063 Text: HSB00065 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 633.410, Code 2001, is amended to read 1 2 as follows: 1 3 633.410 LIMITATION ON FILING CLAIMS AGAINST DECEDENT'S 1 4 ESTATE. 1 5 1. All claims against a decedent's estate, other than 1 6 charges, whether due or to become due, absolute or contingent, 1 7 liquidated or unliquidated, founded on contract or otherwise, 1 8 are forever barred against the estate, the personal 1 9 representative, and the distributees of the estate, unless 1 10 filed with the clerk within the later to occur of four months 1 11 after the date of the second publication of the notice to 1 12 creditors or, as to each claimant whose identity is reasonably 1 13 ascertainable, one month after service of notice by ordinary 1 14 mail to the claimant's last known address. 1 15 2. Notwithstanding subsection 1, claims for debts created 1 16 under section 249A.5 relating to the recovery of medical 1 17 assistance payments shall be barred under this section unless 1 18 filed with the clerk within the later to occur of fifteen 1 19 months after the date of the second publication of the notice 1 20 to creditors, or two months after service of notice by 1 21 ordinary mail to the entity designated by the department of 1 22 human services to receive notice. 1 23 3.However, noticeNotice is not required to be given by 1 24 mail to any creditor whose claim will be paid or otherwise 1 25 satisfied during administration and the personal 1 26 representative may waive the limitation on filing provided 1 27 under this section. This section does not bar claims for 1 28 which there is insurance coverage, to the extent of the 1 29 coverage,claims for debts created under section 249A.51 30relating to the recovery of medical assistance payments,or 1 31 claimants entitled to equitable relief due to peculiar 1 32 circumstances. 1 33 EXPLANATION 1 34 This bill amends Code section 633.410 relating to 1 35 limitations on filing medical assistance claims pursuant to 2 1 Iowa Code section 249A.5 against a decedent's estate. 2 2 The bill places limits on the filing time for medical 2 3 assistance claims against a decedent's estate to 15 months 2 4 after the date of second publication of notice to creditors, 2 5 or two months after service of notice by ordinary mail to the 2 6 entity designated by the department of human services, 2 7 whichever is later. Current law provides no limitation on 2 8 claims for medical assistance services provided through the 2 9 medical assistance program. 2 10 LSB 1126HC 79 2 11 rh/cls/14
Text: HSB00063 Text: HSB00065 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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