249F.3 - NOTICE OF DEBT -- FAILURE TO RESPOND -- HEARING -- ORDER.
249F.3 NOTICE OF DEBT -- FAILURE TO RESPOND --
HEARING -- ORDER.
1. The department of human services may issue a notice
establishing and demanding payment of an accrued or accruing debt due
and owing to the department of human services as provided in section
249F.2. The notice shall be sent by restricted certified mail as
defined in section 618.15, to the transferee at the transferee's last
known address. If service of the notice is unable to be completed by
restricted certified mail, the notice shall be served upon the
transferee in accordance with the rules of civil procedure. The
notice shall include all of the following:
a. The amount of medical assistance provided to the
transferor to date which creates the debt.
b. A computation of the debt due and owing.
c. A demand for immediate payment of the debt.
d. (1) A statement that if the transferee desires to discuss
the notice, the transferee, within ten days after being served, may
contact the department of human services and request an informal
conference.
(2) A statement that if a conference is requested, the transferee
has until ten days after the date set for the conference or until
twenty days after the date of service of the original notice,
whichever is later, to send a request for a hearing to the department
of human services.
(3) A statement that after the holding of the conference, the
department of human services may issue a new notice to be sent to the
transferee by first-class mail addressed to the transferee at the
transferee's last known address, or if applicable, to the
transferee's attorney at the last known address of the transferee's
attorney.
(4) A statement that if the department of human services issues a
new notice, the transferee has until ten days after the date of
mailing of the new notice or until twenty days after the date of
service of the original notice, whichever is later, to send a request
for a hearing to the department of human services.
e. A statement that if the transferee objects to all or any
part of the original notice and no conference is requested, the
transferee has until twenty days after the date of service of the
original notice to send a written response setting forth any
objections and requesting a hearing to the department of human
services.
f. A statement that if a timely written request for a hearing
is received by the department of human services, the transferee has
the right to a hearing to be held in district court as provided in
section 249F.4; and that if no timely written request for hearing is
received, the department of human services will enter an order in
accordance with the latest notice.
g. A statement that as soon as the order is entered, the
property of the transferee is subject to collection action, including
but not limited to wage withholding, garnishment, attachment of a
lien, or execution.
h. A statement that the transferee must notify the department
of human services of any change of address or employment.
i. A statement that if the transferee has any questions
concerning the transfer of assets, the transferee should contact the
department of human services or consult an attorney.
j. Other information as the department of human services
finds appropriate.
2. If a timely written request for hearing is received by the
department of human services, a hearing shall be held in district
court.
3. If a timely written request for hearing is not received by the
department of human services, the department may enter an order in
accordance with the latest notice, and the order shall specify all of
the following:
a. The amount to be paid with directions as to the manner of
payment.
b. The amount of the debt accrued and accruing in favor of
the department of human services.
c. Notice that the property of the transferee is subject to
collection action, including but not limited to wage withholding,
garnishment, attachment of a lien, and execution.
4. The transferee shall be sent a copy of the order by
first-class mail addressed to the transferee at the transferee's last
known address, or if applicable, to the transferee's attorney at the
last known address of the transferee's attorney. The order is final,
and action by the department of human services to enforce and collect
upon the order may be taken from the date of the issuance of the
order. Section History: Recent Form
93 Acts, ch 106, §3; 99 Acts, ch 52, §1