H.F. _____ Section 1. Section 633C.3, subsection 1, unnumbered 1 paragraph 1, Code 2014, is amended to read as follows: 2 Regardless of the terms of a medical assistance income 3 trust, if the beneficiary’s total monthly income is less 4 than one hundred and twenty-five percent of the average 5 statewide charge for nursing facility services to a private 6 pay resident of a nursing facility, then, during the life of 7 the beneficiary, any property received or held by the trust 8 shall be expended only as follows, as applicable, and in the 9 following order of priority: 10 Sec. 2. Section 633C.3, subsection 2, unnumbered paragraph 11 1, Code 2014, is amended to read as follows: 12 Regardless of the terms of a medical assistance income 13 trust, if the beneficiary’s total monthly income is at or above 14 one hundred and twenty-five percent of the average statewide 15 charge for nursing facility services to a private-pay resident, 16 then, during the life of the beneficiary, any property received 17 or held by the trust shall be expended only as follows, as 18 applicable, in the following order of priority: 19 Sec. 3. APPLICABILITY. This Act applies to trusts in 20 existence on or after July 1, 2014. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill increases the percentage, relative to the average 25 statewide charge for nursing facility services to a private 26 pay resident of a nursing facility, to which the total monthly 27 income of a beneficiary of a Miller Trust is compared to 28 determine how any property received or held by the trust during 29 the life of the beneficiary is to be expended. Currently, the 30 comparative percentage is 100 percent of the average statewide 31 charge. The bill increases the percentage to 125 percent of 32 the average statewide charge. 33 The bill is applicable to trusts in existence on or after 34 July 1, 2014. 35 -1- LSB 5181YC (4) 85 pf/nh 1/ 1