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 […]
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 […]
249B.3 Notice of spousal support debt — failure to respond — hearing — order. 1. The department shall issue a notice establishing and demanding payment of an accrued or accruing spousal support debt due and owing to the department. The notice shall be served upon the community spouse in accordance with the rules of civil […]
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 […]
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 […]
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 […]
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 […]
