Iowa Code 633C.1 – Definitions
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Terms Used In Iowa Code 633C.1
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Trustee: A person or institution holding and administering property in trust.
633C.1 Definitions.
For purposes of this chapter, unless the context otherwise requires:
1. “”Available monthly income”” means in reference to a medical assistance income trust beneficiary, any income received directly by the beneficiary, not from the trust, that counts as income in determining eligibility for medical assistance and any amounts paid to or otherwise made available to the beneficiary by the trustee pursuant to § 633C.3, subsection 1, paragraph “”b””, or § 633C.3, subsection 2, paragraph “”b””.
2. “”Beneficiary”” means the original beneficiary of a medical assistance special needs trust or medical assistance income trust, whose assets funded the trust.
3. “”Department”” means the department of health and human services.
4. “”Institutionalized individual”” means an individual receiving nursing facility services, a level of care in any institution equivalent to nursing facility services, or home and community-based services under the medical assistance home and community-based services waiver program.
5. “”Maximum monthly medical assistance payment rate for services in an intermediate care facility for persons with an intellectual disability”” means the allowable rate established by the department and as published in the Iowa administrative bulletin.
6. “”Medical assistance”” means medical assistance as defined in § 249A.2.
7. “”Medical assistance income trust”” means a trust or similar legal instrument or device that meets the criteria of 42 U.S.C. §1396p(d)(4)(B)(i)-(ii).
8. “”Medical assistance special needs trust”” means a trust or similar legal instrument or device that meets the criteria of 42 U.S.C. §1396p(d)(4)(A) or (C).
9. “”Statewide average charge for nursing facility services”” means the statewide average charge for such care, excluding charges by Medicare-certified, skilled nursing facilities, as calculated by the department and as published in the Iowa administrative bulletin.
10. “”Statewide average charge for state mental health institute care”” means the statewide average charge for such care as calculated by the department and as published in the Iowa administrative bulletin.
11. “”Statewide average charge to private-pay patients for psychiatric medical institutions for children care”” means the statewide average charge for such care as calculated by the department and as published in the Iowa administrative bulletin.
12. “”Total monthly income”” means in reference to a medical assistance income trust beneficiary, income received directly by the beneficiary, not from the trust, that counts as income in determining eligibility for medical assistance, income of the beneficiary received by the trust that would otherwise count as income in determining the beneficiary’s eligibility for medical assistance, and income or earnings of the trust received by the trust.
94 Acts, ch 1120, §3
C95, §633.707
96 Acts, ch 1129, §106; 2004 Acts, ch 1086, §99; 2004 Acts, ch 1166, §1; 2005 Acts, ch 38,
§52, 53, 55
CS2005, §633C.1
2012 Acts, ch 1019, §139; 2015 Acts, ch 137, §118, 162, 163; 2023 Acts, ch 19, §1284
Referred to in §249A.12, 633B.214
Section amended and editorially internally renumbered
For purposes of this chapter, unless the context otherwise requires:
1. “”Available monthly income”” means in reference to a medical assistance income trust beneficiary, any income received directly by the beneficiary, not from the trust, that counts as income in determining eligibility for medical assistance and any amounts paid to or otherwise made available to the beneficiary by the trustee pursuant to § 633C.3, subsection 1, paragraph “”b””, or § 633C.3, subsection 2, paragraph “”b””.
2. “”Beneficiary”” means the original beneficiary of a medical assistance special needs trust or medical assistance income trust, whose assets funded the trust.
3. “”Department”” means the department of health and human services.
4. “”Institutionalized individual”” means an individual receiving nursing facility services, a level of care in any institution equivalent to nursing facility services, or home and community-based services under the medical assistance home and community-based services waiver program.
5. “”Maximum monthly medical assistance payment rate for services in an intermediate care facility for persons with an intellectual disability”” means the allowable rate established by the department and as published in the Iowa administrative bulletin.
6. “”Medical assistance”” means medical assistance as defined in § 249A.2.
7. “”Medical assistance income trust”” means a trust or similar legal instrument or device that meets the criteria of 42 U.S.C. §1396p(d)(4)(B)(i)-(ii).
8. “”Medical assistance special needs trust”” means a trust or similar legal instrument or device that meets the criteria of 42 U.S.C. §1396p(d)(4)(A) or (C).
9. “”Statewide average charge for nursing facility services”” means the statewide average charge for such care, excluding charges by Medicare-certified, skilled nursing facilities, as calculated by the department and as published in the Iowa administrative bulletin.
10. “”Statewide average charge for state mental health institute care”” means the statewide average charge for such care as calculated by the department and as published in the Iowa administrative bulletin.
11. “”Statewide average charge to private-pay patients for psychiatric medical institutions for children care”” means the statewide average charge for such care as calculated by the department and as published in the Iowa administrative bulletin.
12. “”Total monthly income”” means in reference to a medical assistance income trust beneficiary, income received directly by the beneficiary, not from the trust, that counts as income in determining eligibility for medical assistance, income of the beneficiary received by the trust that would otherwise count as income in determining the beneficiary’s eligibility for medical assistance, and income or earnings of the trust received by the trust.
94 Acts, ch 1120, §3
C95, §633.707
96 Acts, ch 1129, §106; 2004 Acts, ch 1086, §99; 2004 Acts, ch 1166, §1; 2005 Acts, ch 38,
§52, 53, 55
CS2005, §633C.1
2012 Acts, ch 1019, §139; 2015 Acts, ch 137, §118, 162, 163; 2023 Acts, ch 19, §1284
Referred to in §249A.12, 633B.214
Section amended and editorially internally renumbered