249B.2 - CREATION OF SPOUSAL SUPPORT DEBT.
249B.2 CREATION OF SPOUSAL SUPPORT DEBT.
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.
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. Section History: Recent Form
90 Acts, ch 1098, §2