reglab/housing_qa huggingface dataset:
IA Code § 249A.52 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249A - MEDICAL ASSISTANCE|Section 249A.52 - Garnishment.

249A.52 Garnishment.   When payment is made by the department for medical care or expenses through the medical assistance program on behalf of a recipient, the department may garnish the wages, salary, or other compensation of the person obligated to pay child support or may withhold amounts pursuant to chapter 252D from the income of the person obligated to pay support, and shall withhold amounts from state income tax refunds of a person obligated to pay support, to the extent necessary to reimburse the department for expenditures for medical care or expenses on behalf of a recipient if all of the following conditions apply:   1. The person is required by court or administrative order to provide medical support to a recipient.   2. The person has received payment from a third party for the costs of medical assistance to the recipient and has not used the payments to reimburse the costs of medical care or expenses.  94 Acts, ch 1171, §9  C95, §249A.4A  2013 Acts, ch 24, §14  C2014, §249A.52
IA Code § 249A.55 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249A - MEDICAL ASSISTANCE|Section 249A.55 - Restitution.

249A.55 Restitution.   If restitution is ordered by the court pursuant to section 910.2, and the victim is a recipient of medical assistance for whom expenditures were made as a result of the offender’s criminal activities, restitution may be made to the medical assistance program in accordance with section 910.2.  2010 Acts, ch 1093, §1  C2011, §249A.6A  2013 Acts, ch 24, §14  C2014, §249A.55
IA Code § 249A.56 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249A - MEDICAL ASSISTANCE|Section 249A.56 - County attorney to enforce.

249A.56 County attorney to enforce.   It is the intent of the general assembly that violations of law relating to the family investment program, medical assistance, and supplemental assistance shall be prosecuted by county attorneys. Area prosecutors of the office of the attorney general shall provide assistance in prosecution as required.  [C79, 81, §249A.14]  85 Acts, ch 195, §27; 93 Acts, ch 97, §38; 2013 Acts, ch 24, §14  C2014, §249A.56  Referred to in §331.756(43)
IA Code § 249A.57 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249A - MEDICAL ASSISTANCE|Section 249A.57 - Health care facilities — penalty.

249A.57 Health care facilities — penalty.   The department shall adopt rules pursuant to chapter 17A to assess and collect, with interest, a civil penalty for each day a health care facility which receives medical assistance reimbursements does not comply with the requirements of the federal Social Security Act, section 1919, as codified in 42 U.S.C. §1396r. A civil penalty shall not exceed the amount authorized under  42 C.F.R. §488.438   for health care facility violations. Any moneys collected by the department pursuant to this section shall be applied to the protection of the health or property of the residents of the health care facilities which are determined by the state or by the federal centers for Medicare and Medicaid services to be out of compliance. The purposes for which the collected moneys shall be applied may include payment for the costs of relocation of residents to other facilities, maintenance or operation of a health care facility pending correction of deficiencies or closure of the facility, and reimbursing residents for personal funds lost. If a health care facility is assessed a civil penalty under this section, the health care facility shall not be assessed a penalty under section 135C.36 for the same violation.  90 Acts, ch 1031, §1  C91, §249A.19  96 Acts, ch 1107, §2; 2002 Acts, ch 1050, §24; 2013 Acts, ch 24, §14  C2014, §249A.57
IA Code § 249B.1 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249B - MEDICAL ASSISTANCE TO INSTITUTIONALIZED SPOUSES|Section 249B.1 - Definitions.

249B.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. “Community spouse” means an individual who has not resided or is not likely to reside in a hospital or a health care facility for more than twenty-nine consecutive days and is married to an institutionalized spouse.   2. “Community spouse resource allowance” means a resource amount established for a community spouse pursuant to state policy adopted in accordance with the federal Social Security Act, section 1924(f)(2), as codified in 42 U.S.C. §1396r-5(f)(2).   3. “Court order” means a judgment or order of a court of this state or another state requiring the payment of a set or determinable amount of monetary support.   4. “Department” means the department of human services.   5. “Institutionalized spouse” means a married individual who has resided or is likely to reside in a hospital or a health care facility for more than twenty-nine consecutive days.   6. “Medical assistance” means “mandatory medical assistance”, “optional medical assistance”, “discretionary medical assistance” or “Medicare cost sharing” as defined in section 249A.2 which is provided to an individual pursuant to chapter 249A and Tit. XIX of the federal Social Security Act.   7. “Minimum monthly maintenance needs allowance” or “minimum allowance” means the minimum monthly maintenance needs allowance established for the community spouse in accordance with Tit. XIX of the federal Social Security Act, section 1924(d)(3), as codified in 42 U.S.C. §1396r-5(d)(3).  90 Acts, ch 1098, §1; 91 Acts, ch 158, §9; 2010 Acts, ch 1061, §180; 2013 Acts, ch 138, §73
IA Code § 249B.2 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249B - MEDICAL ASSISTANCE TO INSTITUTIONALIZED SPOUSES|Section 249B.2 - Creation of spousal support debt.

249B.2 Creation of spousal support debt.   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.  90 Acts, ch 1098, §2
IA Code § 249B.4 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249B - MEDICAL ASSISTANCE TO INSTITUTIONALIZED SPOUSES|Section 249B.4 - Certification to court — hearing — default.

249B.4 Certification to court — hearing — default.   1. If a timely written request for a hearing is received, the department shall certify the matter to the district court in the county where the institutionalized spouse resides.   2. The certification shall include true copies of the notice and finding of financial responsibility or notice of the spousal support debt accrued and accruing, the return of service, the written objections and request for hearing, and true copies of any administrative orders previously entered.   3. The district court shall set the matter for hearing and notify the parties of the time and place of hearing.   4. If a party fails to appear at the hearing, upon a showing of proper notice to the party, the district court may find the party in default and enter an appropriate order.  90 Acts, ch 1098, §4
IA Code § 249B.5 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249B - MEDICAL ASSISTANCE TO INSTITUTIONALIZED SPOUSES|Section 249B.5 - Filing and docketing of financial responsibility order — order effective as court decree.

249B.5 Filing and docketing of financial responsibility order — order effective as court decree.   A true copy of an order entered by the department pursuant to this chapter, along with a true copy of the return of service if applicable, may be filed in the office of the clerk of the district court in the county in which the institutionalized spouse resides. Upon filing, the clerk shall enter the order in the judgment docket, and the department’s order shall be presented to the district court for ex parte review and approval, and unless defects appear on the face of the order or on the attachments, the district court shall approve the order and the order has the force, effect, and attributes of a docketed order or decree of the district court.  90 Acts, ch 1098, §5
IA Code § 249B.6 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249B - MEDICAL ASSISTANCE TO INSTITUTIONALIZED SPOUSES|Section 249B.6 - Interest on spousal support debts.

249B.6 Interest on spousal support debts.   Interest accrues on a spousal support debt at the rate provided in section 535.3 for court judgments. The department may collect the accrued interest, but is not required to maintain interest balance accounts. The department may waive payment of the interest if the waiver will facilitate the collection of the spousal support debt.  90 Acts, ch 1098, §6
IA Code § 249B.7 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249B - MEDICAL ASSISTANCE TO INSTITUTIONALIZED SPOUSES|Section 249B.7 - Security for payment of spousal support — forfeiture.

249B.7 Security for payment of spousal support — forfeiture.   Upon entry of a court order or upon the failure of a community spouse to make payments pursuant to a court order, the court may require the community spouse to provide security, a bond, or other guarantee which the court determines is satisfactory to secure the payment of the spousal support obligation under the court order. If the community spouse fails to make payments pursuant to the court order, the court may declare the security, bond, or other guarantee forfeited.  90 Acts, ch 1098, §7
IA Code § 249F.2 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249F - TRANSFER OF ASSETS — MEDICAL ASSISTANCE DEBT|Section 249F.2 - Creation of debt.

249F.2 Creation of debt.   A transfer of assets creates a debt due and owing to the department of human services from the transferee in an amount equal to medical assistance provided to or on behalf of the transferor, on or after the date of the transfer of assets, but not exceeding the fair market value of the assets at the time of the transfer.  93 Acts, ch 106, §2; 96 Acts, ch 1107, §4  Referred to in §249F.3
IA Code § 249F.4 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249F - TRANSFER OF ASSETS — MEDICAL ASSISTANCE DEBT|Section 249F.4 - Certification to court — hearing — default.

249F.4 Certification to court — hearing — default.   1. If a timely written request for a hearing is received, the department of human services shall certify the matter to the district court in the county where the transferee resides.   2. The certification shall include true copies of the original notice, the return of service, if applicable, any request for an informal conference, any subsequent notices, the written request for hearing, and true copies of any administrative orders previously entered.   3. The department of human services may also request a hearing on its own motion regarding the determination of a debt, at any time prior to entry of an administrative order.   4. The district court shall set the matter for hearing and notify the parties of the time and place of hearing.   5. If a party fails to appear at the hearing, upon a showing of proper notice to the party, the district court may find the party in default and enter an appropriate order.  93 Acts, ch 106, §4; 99 Acts, ch 52, §2  Referred to in §249F.3
IA Code § 249F.5 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249F - TRANSFER OF ASSETS — MEDICAL ASSISTANCE DEBT|Section 249F.5 - Filing and docketing of order — order effective as court decree.

249F.5 Filing and docketing of order — order effective as court decree.   1. A true copy of an order entered by the department of human services pursuant to this chapter, along with a true copy of the return of service, if applicable, may be filed in the office of the clerk of the district court in the county in which the transferee resides or, if the transferee resides in another state, in the office of the district court in the county in which the transferor resides.   2. The department of human services order shall be presented, ex parte, to the district court for review and approval. Unless defects appear on the face of the order or on the attachments, the district court shall approve the order. The approved order shall have all force, effect, and attributes of a docketed order or decree of the district court.   3. Upon filing, the clerk shall enter the order in the judgment docket.  93 Acts, ch 106, §5
IA Code § 249F.6 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249F - TRANSFER OF ASSETS — MEDICAL ASSISTANCE DEBT|Section 249F.6 - Security for payment of debt — forfeiture.

249F.6 Security for payment of debt — forfeiture.   Upon entry of a court order or upon the failure of a transferee to make payments pursuant to a court order, the court may require the transferee to provide security, a bond, or other guarantee which the court determines is satisfactory to secure the payment of the debt under the court order. If the transferee fails to make payments pursuant to the court order, the court may declare the security, bond, or other guarantee forfeited.  93 Acts, ch 106, §6
IA Code § 249F.6A (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249F - TRANSFER OF ASSETS — MEDICAL ASSISTANCE DEBT|Section 249F.6A - Exemption from chapter 17A.

249F.6A Exemption from chapter 17A.   Actions initiated under this chapter are not subject to chapter 17A. Review by the district court shall be an original hearing before the district court.  2000 Acts, ch 1060, §6
IA Code § 249F.7 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249F - TRANSFER OF ASSETS — MEDICAL ASSISTANCE DEBT|Section 249F.7 - Administration.

249F.7 Administration.   As provided in this chapter, the establishment of a debt for medical assistance due to transfer of assets shall be administered by the department of human services. All administrative discretion in the administration of this chapter shall be exercised by the department of human services, and any state administrative rules implementing or interpreting this chapter shall be adopted by the department of human services.  93 Acts, ch 106, §7
IA Code § 249F.8 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249F - TRANSFER OF ASSETS — MEDICAL ASSISTANCE DEBT|Section 249F.8 - Inconsistency with federal laws.

249F.8 Inconsistency with federal laws.   If it is determined by the attorney general that any provision of this chapter would cause denial of funds from the United States government under Tit. XIX of the federal Social Security Act, or would otherwise be inconsistent or conflict with the requirements of federal law for state participation in the Tit. XIX program, such provision shall be suspended, but only to the extent necessary to prevent denial of such funds or to eliminate the inconsistency or conflict with the requirements of federal law. If the attorney general makes such a suspension determination, the attorney general shall report it to the general assembly at its next session. This report shall include any recommendations in regard to corrective legislation needed to conform this chapter with federal law.  93 Acts, ch 106, §8; 2010 Acts, ch 1061, §180
IA Code § 249K.1 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249K - NURSING FACILITY CONSTRUCTION OR EXPANSION|Section 249K.1 - Purpose — intent.

249K.1 Purpose — intent.   The purpose of this chapter is to provide a mechanism to support the appropriate number of nursing facility beds for the state’s citizens and to financially assist nursing facilities in remaining compliant with applicable regulations. It is the intent of this chapter that the administrative burden on both the state and nursing facilities be minimal.  2007 Acts, ch 219, §35, 41, 43
IA Code § 249K.2 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249K - NURSING FACILITY CONSTRUCTION OR EXPANSION|Section 249K.2 - Definitions.

249K.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. “Complete replacement” means completed construction on a new nursing facility to replace an existing licensed and certified facility. The replacement facility shall be located in the same geographical service area as the facility that is replaced and shall have the same number or fewer licensed beds than the original facility.   2. “Department” means the department of human services.   3. “Iowa Medicaid enterprise” means Iowa Medicaid enterprise as defined in section 135D.2.   4. “Major renovations” means construction or facility improvements to a nursing facility in which the total amount expended exceeds one million five hundred thousand dollars.   5. “Medical assistance” or “medical assistance program” means the medical assistance program created pursuant to chapter 249A.   6. “New construction” means the construction of a new nursing facility which does not replace an existing licensed and certified facility and requires the provider to obtain a certificate of need pursuant to chapter 135, subchapter VI.   7. “Nondirect care component” means the portion of the reimbursement rate under the medical assistance program attributable to administrative, environmental, property, and support care costs reported on the provider’s financial and statistical report.   8. “Nursing facility” means a nursing facility as defined in section 135C.1.   9. “Provider” means a current or future owner or operator of a nursing facility that provides medical assistance program services.   10. “Rate determination letter” means the letter that is distributed quarterly by the Iowa Medicaid enterprise to each nursing facility, which is based on previously submitted financial and statistical reports from each nursing facility.  2007 Acts, ch 219, §36, 41, 43; 2013 Acts, ch 138, §123, 127; 2016 Acts, ch 1073, §85, 189; 2019 Acts, ch 24, §104
IA Code § 249K.4 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249K - NURSING FACILITY CONSTRUCTION OR EXPANSION|Section 249K.4 - Preliminary evaluation.

249K.4 Preliminary evaluation.   1. A provider preparing cost or other feasibility projections for a request for relief or an exception pursuant to section 249K.3 may submit a request for preliminary evaluation.   2. The request shall contain all of the information required for the type of assistance sought pursuant to section 249K.3.   3. The provider shall estimate the timing of the initiation and completion of the project to allow the department to respond with estimates of both instant relief and the nondirect care limit exception.   4. The department shall respond to a request for preliminary evaluation under this section within thirty days of receipt of the request. A preliminary evaluation does not guarantee approval of instant relief or the nondirect care limit exception upon submission of a formal request. A preliminary evaluation provides only an estimate of value of the instant relief or nondirect care limit exception based only on the projections.  2007 Acts, ch 219, §38, 41, 43
IA Code § 249K.5 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249K - NURSING FACILITY CONSTRUCTION OR EXPANSION|Section 249K.5 - Participation criteria.

249K.5 Participation criteria.   1. The Iowa Medicaid enterprise shall administer this chapter. The department of human services shall adopt rules, pursuant to chapter 17A, to administer this chapter.   2. A provider requesting instant relief or a nondirect care limit exception under this chapter shall meet one of the following criteria:   a. The nursing facility for which relief or an exception is requested is in violation of life safety code requirements and changes are necessary to meet regulatory compliance.   b. The nursing facility for which relief or an exception is requested is proposing development of a home and community-based services waiver program service that meets the following requirements:   (1) The service is provided on the direct site and is a nonnursing service.   (2) The service is provided in an underserved area, which may include a rural area, and the nursing facility provides documentation of this.   (3) The service meets all federal and state requirements.   (4) The service is adult day care, consumer directed attendant care, assisted living, day habilitation, home delivered meals, personal emergency response, or respite.   3. In addition to any other factors to be considered in determining if a provider is eligible to participate under this chapter, the Iowa Medicaid enterprise shall consider all of the following:   a. The history of the provider’s regulatory compliance.   b. The historical access to nursing facility services for medical assistance program beneficiaries.   c. The provider’s dedication to and participation in quality of care, considering all quality programs in which the provider has participated.   d. The provider’s plans to facilitate person-directed care.   e. The provider’s plans to facilitate dementia units and specialty post-acute services.   4. a. Any relief or exception granted under this chapter is temporary and shall be immediately terminated if all of the participation requirements under this chapter are not met.   b. If a provider’s medical assistance program or Medicare certification is revoked, any existing exception or relief shall be terminated and the provider shall not be eligible to request subsequent relief or an exception under this chapter.   5. Following a change in ownership, relief or an exception previously granted shall continue and future rate calculations shall be determined under the provisions of  441 IAC 81.6(12)   relating to termination or change of ownership of a nursing facility.  2007 Acts, ch 219, §39, 41, 43
IA Code § 249L.1 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249L - NURSING FACILITY QUALITY ASSURANCE ASSESSMENT PROGRAM|Section 249L.1 - Title.

249L.1 Title.   This chapter shall be known and may be cited as the “Quality Assurance Assessment Program”.  2009 Acts, ch 160, §1, 5
IA Code § 249M.1 (2021)
2021 Iowa Code|Title VI - HUMAN SERVICES|Chapter 249M - HOSPITAL HEALTH CARE ACCESS ASSESSMENT PROGRAM|Section 249M.1 - Title.

249M.1 Title.   This chapter shall be known as the “Hospital Health Care Access Assessment Program”.  2010 Acts, ch 1135, §2, 9