Bill Text: IA SSB1119 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the transfer of assets under the Medicaid program.
Spectrum: Unknown
Status: (N/A - Dead) 2013-02-06 - Human Resources: Dotzler Chair,Wilhelm, and Whitver. [SSB1119 Detail]
Download: Iowa-2013-SSB1119-Introduced.html
Senate
Study
Bill
1119
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
INSPECTIONS
AND
APPEALS
BILL)
A
BILL
FOR
An
Act
relating
to
the
transfer
of
assets
under
the
Medicaid
1
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1170XD
(3)
85
pf/nh
S.F.
_____
H.F.
_____
Section
1.
Section
249F.1,
Code
2013,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
01.
a.
“Fair
consideration”
means
full
3
and
adequate
consideration
which
is,
under
all
circumstances,
4
equivalent
to
the
value
of
the
property
transferred
and
which
5
is
honest,
reasonable,
and
free
of
suspicion.
A
determination
6
of
fair
consideration
is
separate
and
distinct
from
and
7
independent
and
exclusive
of
any
prior
value
determination
8
relating
to
the
medical
assistance
application
or
ongoing
9
medical
assistance
participation
of
the
transferor.
10
b.
For
the
purposes
of
determining
fair
consideration
11
in
transfers
of
a
life
estate
or
remainder
interests,
the
12
determination
shall
be
made
in
accordance
with
rules
adopted
13
by
the
department
of
human
services
pursuant
to
chapter
17A.
14
The
rules
shall
specify
the
computation
to
be
utilized
in
such
15
determination,
which
shall
be
based
on
the
program
operations
16
manual
system
life
estate
table
published
by
the
United
17
States
social
security
administration,
and
shall
not
include
18
subjective
considerations
such
as
the
health
and
personal
19
circumstances
of
the
life
estate
holder.
20
Sec.
2.
Section
249F.1,
subsection
2,
paragraph
a,
Code
21
2013,
is
amended
to
read
as
follows:
22
a.
“Transfer
of
assets”
means
any
transfer
or
assignment
23
of
a
legal
or
equitable
interest
in
property,
as
defined
in
24
section
702.14
,
from
a
transferor
to
a
transferee
for
less
25
than
fair
consideration,
made
within
five
years
prior
to
the
26
application
for
medical
assistance
by
the
transferor,
while
27
the
transferor
is
receiving
medical
assistance
,
or
within
28
five
years
prior
to
application
for
medical
assistance
by
29
the
transferor
after
the
transferor
is
no
longer
receiving
30
medical
assistance
but
has
an
existing
medical
assistance
31
debt
.
Any
such
transfer
or
assignment
is
presumed
to
be
made
32
with
the
intent,
on
the
part
of
the
transferee;
transferor;
33
or
another
person
acting
on
behalf
of
a
transferor
who
is
an
34
actual
or
implied
agent,
guardian,
attorney-in-fact,
or
person
35
-1-
LSB
1170XD
(3)
85
pf/nh
1/
3
S.F.
_____
H.F.
_____
acting
as
a
fiduciary,
of
enabling
the
transferor
to
obtain
or
1
maintain
eligibility
for
medical
assistance
or
of
impacting
2
the
recovery
or
payment
of
a
medical
assistance
debt.
This
3
presumption
is
rebuttable
only
by
clear
and
convincing
evidence
4
that
the
transferor’s
eligibility
or
potential
eligibility
for
5
medical
assistance
or
the
impact
on
the
recovery
or
payment
6
of
a
medical
assistance
debt
was
no
part
of
the
reason
of
7
the
transferee;
transferor;
or
other
person
acting
on
behalf
8
of
a
transferor
who
is
an
actual
or
implied
agent,
guardian,
9
attorney-in-fact,
or
person
acting
as
a
fiduciary
for
making
10
or
accepting
the
transfer
or
assignment.
A
transfer
of
assets
11
includes
a
transfer
of
an
interest
in
the
transferor’s
home,
12
domicile,
or
land
appertaining
to
such
home
or
domicile
13
while
the
transferor
is
receiving
medical
assistance,
unless
14
otherwise
exempt
under
paragraph
“b”
.
15
Sec.
3.
Section
249F.1,
subsection
2,
paragraph
b,
16
subparagraph
(5),
Code
2013,
is
amended
by
striking
the
17
subparagraph.
18
Sec.
4.
Section
249F.2,
Code
2013,
is
amended
to
read
as
19
follows:
20
249F.2
Creation
of
debt.
21
A
transfer
of
assets
creates
a
debt
due
and
owing
to
the
22
department
of
human
services
from
the
transferee
in
an
amount
23
equal
to
medical
assistance
provided
to
or
on
behalf
of
the
24
transferor,
on
or
after
the
date
of
the
transfer
of
assets,
but
25
not
exceeding
the
fair
market
value
of
consideration
of
the
26
assets
at
the
time
of
the
transfer.
27
EXPLANATION
28
This
bill
relates
to
transfers
of
assets
under
the
medical
29
assistance
(Medicaid)
program.
30
The
bill
defines
“fair
consideration”
for
the
purposes
of
31
determining
whether
an
asset
was
transferred
for
less
than
the
32
fair
consideration
amount.
33
The
bill
amends
the
definition
of
“transfer
of
asset”
to
34
include
a
transfer
made
after
the
transferor
is
no
longer
35
-2-
LSB
1170XD
(3)
85
pf/nh
2/
3
S.F.
_____
H.F.
_____
receiving
Medicaid,
but
has
an
existing
Medicaid
debt.
1
The
bill
eliminates,
as
an
exception
to
the
definition
2
of
a
“transfer
of
asset”,
transfers
of
less
than
$2,000
on
3
an
aggregated
basis
during
the
five-year
period
prior
to
4
application
for
medical
assistance
by
the
transferor.
5
-3-
LSB
1170XD
(3)
85
pf/nh
3/
3
