249F.1 - DEFINITIONS.
249F.1 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Medical assistance" means "medical assistance",
"additional medical assistance", "discretionary medical assistance",
or "Medicare cost sharing" as each is defined in section 249A.2 which
is provided to an individual pursuant to chapter 249A and Title XIX
of the federal Social Security Act.
2. a. "Transfer of assets" means any transfer or
assignment of a legal or equitable interest in property, as defined
in section 702.14, from a transferor to a transferee for less than
fair consideration, made while the transferor is receiving medical
assistance or within five years prior to application for medical
assistance by the transferor. Any such transfer or assignment is
presumed to be made with the intent, on the part of the transferee,
of enabling the transferor to obtain or maintain eligibility for
medical assistance. This presumption is rebuttable only by clear and
convincing evidence that the transferor's eligibility or potential
eligibility for medical assistance was no part of the transferee's
reason for accepting the transfer or assignment.
b. However, transfer of assets does not include the
following:
(1) Transfers to or for the sole benefit of the transferor's
spouse, including a transfer to a spouse by an institutionalized
spouse pursuant to section 1924(f)(1) of the federal Social Security
Act.
(2) Transfers to or for the sole benefit of the transferor's
child who is blind or has a disability as defined in section 1614 of
the federal Social Security Act.
(3) Transfer of a dwelling, which serves as the transferor's home
as defined in 20 C.F.R. § 416.1212, to a child of the transferor
under twenty-one years of age.
(4) Transfer of a dwelling, which serves as the transferor's home
as defined in 20 C.F.R. § 416.1212, after the transferor is
institutionalized, to either of the following:
(a) A sibling of the transferor who has an equity interest in the
dwelling and who was residing in the dwelling for a period of at
least one year immediately prior to the date the transferor became
institutionalized.
(b) A child of the transferor who was residing in the dwelling
for a period of at least two years immediately prior to the date the
transferor became institutionalized and who provided care to the
transferor which permitted the transferor to reside at the dwelling
rather than in an institution or facility.
(5) Transfers of less than two thousand dollars. However, all
transfers by the same transferor during the five-year period prior to
application for medical assistance by the transferor shall be
aggregated. If a transferor transfers property to more than one
transferee during the five-year period prior to application for
medical assistance by the transferor, the two thousand dollar
exemption shall be divided equally between the transferees.
(6) Transfers of assets that would, at the time of the
transferor's application for medical assistance, have been exempt
from consideration as a resource if retained by the transferor,
pursuant to 42 U.S.C. § 1382b(a), as implemented by regulations
adopted by the secretary of the United States department of health
and human services.
(7) Transfers to a trust established solely for the benefit of
the transferor's child who is blind or permanently and totally
disabled as defined in the federal Social Security Act, section 1614,
as codified in 42 U.S.C. § 1382b.
(8) Transfers to a trust established solely for the benefit of an
individual under sixty-five years of age who is disabled, as defined
in the federal Social Security Act, section 1614, as codified in 42
U.S.C. § 1382b.
3. "Transferee" means the person who receives a transfer of
assets.
4. "Transferor" means the person who makes a transfer of
assets. Section History: Recent Form
93 Acts, ch 106, §1; 96 Acts, ch 1107, § 3; 96 Acts, ch 1129, §66;
97 Acts, ch 23, § 23; 2000 Acts, ch 1060, §4, 5