441—15.2 (225C) Assertion of legal settlement dispute.
	 15.2(1) Notification of dispute.
	  a.   	 By county. A county shall provide written notice of dispute to the department when the county objects to a billing for services rendered on or after July 1, 2004, that are a county obligation under Iowa Code chapter 222, 230, or 249A or objects to a certification of legal settlement made by the department or another county.
	 (1) 	 The county shall provide the notice within 120 days of receipt of the billing or certification. A billing shall be considered received 5 days after mailing by the department, unless the county affirmatively shows that the billing was received later. If notification of a dispute does not occur within 120 days of the receipt date, the dispute shall not be eligible for resolution pursuant to subrule 15.3(2).
	 (2) 	 The notice of dispute may be mailed to Administrator, DHS Division of Fiscal Management, 1305 E. Walnut Street, Des Moines, Iowa 50319-0114; faxed to (515)281-6237; or sent by E-mail to LegalSettlementCases@dhs.state.ia.us.
	 (3) 	 When a county asserts that a person has legal settlement in another county, the written notice of dispute shall also be given to that county at the same time as notice is given to the department.
	  b.   	 By department. Within 120 days of receipt of a certification of a legal settlement, the department shall notify all affected counties when the department objects to the certification of legal settlement.
	 15.2(2) Supporting evidence. A notification of a legal settlement dispute pursuant to subrule 15.2(1) shall be accompanied by evidence supporting the determination. The evidence shall include all available information used to make a determination of legal settlement as defined in Iowa Code sections 252.16 and 252.17.
	  a.   	 Supporting evidence shall include, but need not be limited to:
	 (1) 	 The current and former addresses of the person, including the dates for the period when the person resided at each address;
	 (2) 	 The person’s current services and service history, including the name and location of the provider and the dates when services were received;
	 (3) 	 The history of addresses and services received by the person’s custodial parent or guardian (when the person takes the legal settlement of the custodial parent or guardian as defined in Iowa Code section 252.16);
	 (4) 	 Copies of any court orders affecting a minor’s custody or guardianship; and
	 (5) 	 Any other information needed to make a determination of legal settlement.
	  b.   	 Copies of the following forms may be submitted as supportive evidence, if properly completed:
	 (1) 	 Form 470-3439, Legal Settlement Worksheet.
	 (2) 	 A county central point of coordination application.
	 (3) 	 Form 470-4160, Notice of Court Action on Mental Health Hospitalization.
	  c.   	 If a county asserts that a person’s legal settlement is unknown so that the person is deemed a state case, the county that makes the assertion shall provide documentation of all attempts made by the county to ascertain the facts necessary to make a legal settlement determination. Documentation shall include:
	 (1) 	 Information about each person contacted during the investigation, including the person’s name, address, telephone number, and E-mail address if available;
	 (2) 	 The information obtained during the investigation; and
	 (3) 	 Identification of the person conducting the investigation.
[ARC 8341B, IAB 12/2/09, effective 11/10/09]