Medicaid Estate Recovery in Iowa

Medicaid Estate Recovery in Iowa: key facts

Recovery scope

All medical assistance provided on the recipient's behalf (Iowa Code 249A.53(2)), including capitation fees paid to a managed care organization even if the plan paid for no services (Iowa Admin. Code r. 441-75.28(7)).

Who is subject

Recipients age 55 or older when assistance was provided, and residents of a nursing facility, ICF, or mental health institute who could not reasonably be expected to return home.

Estate reached

Real property, personal property, and any asset in which the recipient held legal title or interest at death, including jointly held property, retained life estates, and interests in trusts (Iowa Code 249A.53(2)(c)).

Recovery waived or deferred

For amounts that would reduce what a surviving spouse, or a surviving child who was under 21, blind, or permanently and totally disabled at death, receives from the estate; and for undue hardship under 42 U.S.C. 1396p(b)(3).

Hardship waiver test

Household income under 200% of the federal poverty level, household resources of $10,000 or less, and recovery would deprive the household of food, clothing, shelter, or medical care such that life or health would be endangered. The written request is due within 30 days of the estate recovery notice (Iowa Admin. Code r. 441-75.28(7)"g").

Governing law: Iowa Code 249A.53; Iowa Admin. Code r. 441-75.28(7)

Frequently asked questions