Notice of Intended Action

Debts due from transfers of assets—five-year review of rules, amendments to ch 89

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ARC 6409C

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rule making related to five-year rules review

and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 89, "Debts Due from Transfers of Assets," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 249A.4.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapter 249F.

Purpose and Summary

Chapter 89 was reviewed as part of the Department's five-year rules review. The proposed update reflects the operative effective date for transfers that took place between July 1, 1993, and December 31, 2018. This portion of the program was suspended effective January 1, 2019, and there have not been any referrals to recover resources from anyone who received the transferred resources since then. The proposed amendment to the chapter's implementation sentence removes the Iowa Acts reference because the Act has been codified.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m.on August 2, 2022. Comments should be directed to:

Nancy Freudenberg

Department of Human Services

Hoover State Office Building, Fifth Floor

1305 East Walnut Street

Des Moines, Iowa 50319-0114

Email: appeals@dhs.state.ia.us

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Amend paragraph 89.2(1)"a" as follows:

a. The transfer is made while the transferor is receiving medical assistance or within five years prior to application for medical assistance and on or after between July 1, 1993, and December 31, 2018.

Item 2. Amend 441—Chapter 89, implementation sentence, as follows:

These rules are intended to implement Iowa Code chapter 249F as amended by 2000 Iowa Acts, chapter 1060.

Human Services Department

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 8/2/2022.

Official Document

  • Debts due from transfers of assets—five-year review of rules, amendments to ch 89
  • Published on 7/13/2022
  • 78 Views , 0 Comments
  • Notice of Intended Action

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 7/13/2022.

View Bulletin

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 441-89.2(1)"a"

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 249F
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