Iowa § 249B.2 Creation of spousal support debt

Iowa Statutes

§ 249B.2 — Creation of spousal support debt

Iowa § 249B.2

Title VIHUMAN SERVICES

Ch. 249BMEDICAL ASSISTANCE TO INSTITUTIONALIZED SPOUSES

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Bluebook

Iowa Code § 249B.2 (2026).

Text

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

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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.