§ 249F.3 — Notice of debt — failure to respond — hearing — order

Iowa § 249F.3

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 249F: TRANSFER OF ASSETS — MEDICAL ASSISTANCE DEBT

Text

1. The department may issue a notice establishing and demanding payment of an accrued
or accruing debt due and owing to the department 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’slastknownaddress. Ifserviceofthenoticeisunabletobecompletedbyrestricted
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) Astatementthatifthetransfereedesirestodiscussthenotice,thetransferee,within
ten days after being served, may contact the department 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.
(3) A statement that after the holding of the conference, the department may issue a
new notice to be sent to the transferee by first-class mail addressed to the transferee at the
transferee’slastknownaddress, orifapplicable, tothetransferee’sattorneyatthelastknown
address of the transferee’s attorney.
(4) A statement that if the department 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.
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.
f. A statement that if a timely written request for a hearing is received by the department,
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 will enter
an order in accordance with the latest notice.
3 TRANSFER OF ASSETS — MEDICAL ASSISTANCE DEBT, §249F.6
g. Astatementthatassoonastheorderisentered, thepropertyofthetransfereeissubject
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 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 or consult an attorney.
j. Other information as the department finds appropriate.
2. If a timely written request for hearing is received by the department, a hearing shall be
held in district court.
3. Ifatimelywrittenrequestforhearingisnotreceivedbythedepartment,thedepartment
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.
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 to enforce and collect upon the order may be taken from the date of the issuance
of the order.