Iowa Code 249B.2 – Creation of spousal support debt
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1. Medical assistance provided to an institutionalized spouse due to the institutionalized spouse’s assignment of support rights, an inability to execute an assignment of support rights, or hardship, creates a spousal support debt due and owing to the department from the community spouse in an amount equal to the medical assistance provided on behalf of the institutionalized spouse.
Terms Used In Iowa Code 249B.2
- Community spouse: means an individual who has not resided or is not likely to reside in a hospital or a health care facility for more than twenty-nine consecutive days and is married to an institutionalized spouse. See Iowa Code 249B.1
- Community spouse resource allowance: means a resource amount established for a community spouse pursuant to state policy adopted in accordance with the federal Social Security Act, section 1924(f)(2), as codified in 42 U. See Iowa Code 249B.1
- Department: means the department of health and human services. See Iowa Code 249L.2
- Department: means the department of health and human services. See Iowa Code 249B.1
- Institutionalized spouse: means a married individual who has resided or is likely to reside in a hospital or a health care facility for more than twenty-nine consecutive days. See Iowa Code 249B.1
- Medical assistance: means "mandatory medical assistance" "optional medical assistance" "discretionary medical assistance" or "Medicare cost sharing" as defined in section 249A. See Iowa Code 249B.1
2. The department may recover the spousal support debt from any income or resources of the community spouse that are not exempt for medical assistance eligibility purposes and that are in excess of the minimum monthly maintenance needs allowance and the community spouse resource allowance.
3. When an institutionalized spouse is determined to be eligible for medical assistance pursuant to subsection 1, prior to issuing a formal notice of a spousal support debt pursuant to section 249B.3, the department shall offer to meet with the community spouse concerning creation of the spousal support debt.