Text: SF00353 Text: SF00355 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 354 1 2 1 3 AN ACT 1 4 RELATING TO LIMITATIONS ON FILING MEDICAL ASSISTANCE CLAIMS 1 5 AGAINST A DECEDENT'S ESTATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. NEW SECTION. 633.230A NOTICE IN INTESTATE 1 10 ESTATES – MEDICAL ASSISTANCE CLAIMS. 1 11 Upon opening administration of an intestate estate, the 1 12 administrator may, in accordance with section 633.410, provide 1 13 by ordinary mail to the entity designated by the department of 1 14 human services, a notice of opening administration of the 1 15 estate and of the appointment of the administrator, which 1 16 shall include a notice to file claims with the clerk within 1 17 the later to occur of fifteen months from the second 1 18 publication of the notice or two months from the date of 1 19 mailing of this notice, or thereafter be forever barred. 1 20 The notice shall be in substantially the following form: 1 21 NOTICE OF OPENING ADMINISTRATION OF ESTATE, 1 22 OF APPOINTMENT OF ADMINISTRATOR, 1 23 AND NOTICE TO CREDITOR 1 24 In the District Court of Iowa 1 25 In and for ......... County. 1 26 In the Estate of ............, Deceased 1 27 Probate No. ..... 1 28 To the Department of Human Services who may be interested 1 29 in the Estate of ....., Deceased, who died on or about ...... 1 30 (date): 1 31 You are hereby notified that on the .... day of ..... 1 32 (month), .... (year), an intestate estate was opened in the 1 33 above named court and that ...... was appointed administrator 1 34 of the estate. 1 35 You are further notified that the birthdate of the deceased 2 1 is ........ and the deceased's social security number is ...- 2 2 ..-..... The birthdate of the spouse is ......... and the 2 3 spouse's social security number is ....-..-...., and that the 2 4 spouse of the deceased is alive as of the date of this notice, 2 5 or deceased as of ..... (date). 2 6 You are further notified that the deceased was/was not a 2 7 disabled or a blind child of the medical assistance recipient 2 8 by the name of ..........., who had a birthdate of ........ 2 9 and a social security number of ...-..-...., and the medical 2 10 assistance debt of that medical assistance recipient was 2 11 waived pursuant to section 249A.5, subsection 2, paragraph 2 12 "a", subparagraph (1), and is now collectible from this estate 2 13 pursuant to section 249A.5, subsection 2, paragraph "b". 2 14 Notice is hereby given that if the department of human 2 15 services has a claim against the estate for the deceased 2 16 person or persons named in this notice, the claim shall be 2 17 filed with the clerk of the above named district court, as 2 18 provided by law, duly authenticated, for allowance, and unless 2 19 so filed by the later to occur of fifteen months from the 2 20 second publication of this notice or two months from the date 2 21 of the mailing of this notice, unless otherwise allowed or 2 22 paid, the claim is thereafter forever barred. 2 23 Dated this ........ day of ...... (month), ...... (year) 2 24 ....................... 2 25 Administrator of estate 2 26 ....................... 2 27 Address 2 28 ......................... 2 29 Attorney for administrator 2 30 ......................... 2 31 Address 2 32 Date of second publication 2 33 ...... day of ...... (month), ..... (year) 2 34 (Date to be inserted by publisher) 2 35 Sec. 2. NEW SECTION. 633.304A NOTICE OF PROBATE OF WILL 3 1 – MEDICAL ASSISTANCE CLAIMS. 3 2 On admission of a will to probate, the executor may, in 3 3 accordance with section 633.410, provide by ordinary mail to 3 4 the entity designated by the department of human services, a 3 5 notice of admission of the will to probate and of the 3 6 appointment of the executor, which shall include a notice to 3 7 file claims with the clerk within the later to occur of 3 8 fifteen months from the second publication of the notice or 3 9 two months from the date of mailing of this notice, or 3 10 thereafter be forever barred. 3 11 The notice shall be in substantially the following form: 3 12 NOTICE OF PROBATE OF WILL, OF APPOINTMENT 3 13 OF EXECUTOR, AND NOTICE TO CREDITORS 3 14 In the District Court of Iowa 3 15 In and for ......... County. 3 16 In the Estate of ............, Deceased 3 17 Probate No. ..... 3 18 To the Department of Human Services, Who May Be Interested 3 19 in the Estate of ......, Deceased, who died on or about ..... 3 20 (date): 3 21 You are hereby notified that on the .... day of .... 3 22 (month), ..... (year), the last will and testament of ....., 3 23 deceased, bearing date of the .... day of ..... (month), .... 3 24 (year), was admitted to probate in the above named court and 3 25 that ........... was appointed executor of the estate. 3 26 You are further notified that the birthdate of the deceased 3 27 is .......... and the deceased's social security number is 3 28 ...-..-..... The birthdate of the spouse is ........ and the 3 29 spouse's social security number is ...-..-...., and that the 3 30 spouse of the deceased is alive as of the date of this notice, 3 31 or deceased as of ....... (date). 3 32 You are further notified that the deceased was/was not a 3 33 disabled or a blind child of the medical assistance recipient 3 34 by the name of ..........., who had a birthdate of .......... 3 35 and a social security number of ...-..-...., and the medical 4 1 assistance debt of that medical assistance recipient was 4 2 waived pursuant to section 249A.5, subsection 2, paragraph 4 3 "a", subparagraph (1), and is now collectible from this estate 4 4 pursuant to section 249A.5, subsection 2, paragraph "b". 4 5 Notice is hereby given that if the department of human 4 6 services has a claim against the estate for the deceased 4 7 person or persons named in this notice, the claim shall be 4 8 filed with the clerk of the above named district court, as 4 9 provided by law, duly authenticated, for allowance, and unless 4 10 so filed by the later to occur of fifteen months from the 4 11 second publication of this notice or two months from the date 4 12 of mailing of this notice, unless otherwise allowed or paid, 4 13 the claim is thereafter forever barred. 4 14 Dated this ........ day of ...... (month), ...... (year) 4 15 ....................... 4 16 Executor of estate 4 17 ....................... 4 18 Address 4 19 ......................... 4 20 Attorney for executor 4 21 ......................... 4 22 Address 4 23 Date of second publication 4 24 ...... day of ...... (month), ..... (year) 4 25 (Date to be inserted by publisher) 4 26 Sec. 3. Section 633.410, Code 2001, is amended to read as 4 27 follows: 4 28 633.410 LIMITATION ON FILING CLAIMS AGAINST DECEDENT'S 4 29 ESTATE. 4 30 1. All claims against a decedent's estate, other than 4 31 charges, whether due or to become due, absolute or contingent, 4 32 liquidated or unliquidated, founded on contract or otherwise, 4 33 are forever barred against the estate, the personal 4 34 representative, and the distributees of the estate, unless 4 35 filed with the clerk within the later to occur of four months 5 1 after the date of the second publication of the notice to 5 2 creditors or, as to each claimant whose identity is reasonably 5 3 ascertainable, one month after service of notice by ordinary 5 4 mail to the claimant's last known address. 5 5 2. Notwithstanding subsection 1, claims for debts created 5 6 under section 249A.5, subsection 2, relating to the recovery 5 7 of medical assistance payments shall be barred under this 5 8 section unless filed with the clerk within the later to occur 5 9 of fifteen months after the date of the second publication of 5 10 the notice to creditors, or two months after service of notice 5 11 by ordinary mail, on the form prescribed in section 633.230A 5 12 for intestate estates or on the form prescribed in section 5 13 633.304A for testate estates, to the entity designated by the 5 14 department of human services to receive notice. 5 15 3.However, noticeNotice is not required to be given by 5 16 mail to any creditor whose claim will be paid or otherwise 5 17 satisfied during administration and the personal 5 18 representative may waive the limitation on filing provided 5 19 under this section. This section does not bar claims for 5 20 which there is insurance coverage, to the extent of the 5 21 coverage,claims for debts created under section 249A.55 22relating to the recovery of medical assistance payments,or 5 23 claimants entitled to equitable relief due to peculiar 5 24 circumstances. 5 25 5 26 5 27 5 28 MARY E. KRAMER 5 29 President of the Senate 5 30 5 31 5 32 5 33 BRENT SIEGRIST 5 34 Speaker of the House 5 35 6 1 I hereby certify that this bill originated in the Senate and 6 2 is known as Senate File 354, Seventy-ninth General Assembly. 6 3 6 4 6 5 6 6 MICHAEL E. MARSHALL 6 7 Secretary of the Senate 6 8 Approved , 2001 6 9 6 10 6 11 6 12 THOMAS J. VILSACK 6 13 Governor
Text: SF00353 Text: SF00355 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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