S.F. 83 Section 1. AVAILABLE INCOME —— DETERMINATION OF CLIENT 1 PARTICIPATION FOR MEDICAL INSTITUTION CARE UNDER MEDICAL 2 ASSISTANCE PROGRAM —— ALIMONY. The department of human 3 services shall adopt rules pursuant to chapter 17A to exclude 4 an amount paid as court-ordered alimony by a client from the 5 department’s determination of the client’s total monthly income 6 that is available for client participation in the cost of 7 medical institution care under the medical assistance program. 8 Notwithstanding the amount specified by the court to be paid 9 as alimony, the amount excluded shall not exceed the minimum 10 monthly maintenance needs allowance as defined in section 11 249B.1 granted as spousal support for a community spouse. 12 EXPLANATION 13 This bill relates to the determination of an individual’s 14 participation in payment for medical institution care under 15 the Medicaid program. The bill provides that in determining 16 a client’s total monthly income that is available for client 17 participation, the amount paid by the client as court-ordered 18 alimony is to be excluded. However, notwithstanding the 19 amount specified by the court to be paid as alimony, the 20 amount excluded cannot exceed the minimum monthly maintenance 21 needs allowance as defined in Code section 249B.1 granted 22 as spousal support for a community spouse. The amount is 23 established pursuant to the federal Social Security Act, 42 24 U.S.C. § 1396r-5(d)(3)(C) and is indexed for inflation annually 25 according to the consumer price index. Effective January 26 1, 2013, the minimum monthly maintenance needs allowance is 27 $2,898. 28 -1- LSB 1048XS (6) 85 pf/nh 1/ 1