Iowa Admin. Code r. 441-89.5

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 441-89.5 - Notice of debt

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 rule 441-89.2 (249F). The notice shall be sent by restricted certified mail, as defined in Iowa Code section 618T5, to the transferee at the transferee's last-known address. If service of the notice is unable to be completed by restricted certified mail, the notice shall be served upon the transferee in accordance with the Iowa Rules of Civil Procedure. The notice shall include all of the following:

(1)Amount of debt. The amount of medical assistance provided to the transferor to date which creates the debt.

(2)Computation of debt. A computation of the debt due and owing.

(3)Demand for payment. A demand for immediate payment of the debt.

(4)Request for conference.

a. A statement that if the transferee desires to discuss the notice, the transferee may contact the department and request an informal conference.

b. A statement that, if a conference is requested, the transferee has until 10 days after the date set for the conference or until 20 days after the date of service of the original notice, whichever is later, to send a written request for a hearing to the department.

c. A statement that after the conference, the department may issue a new notice to be sent to the transferee or the transferee's attorney.

d. A statement that if the department issues a new notice the transferee has until 10 days after the date of mailing of the new notice or until 20 days after the date of service of the original notice to send a written request for a hearing to the department.

(5)Request for hearing without conference. A statement that the transferee has until 20 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.

(6)Hearing in district court. 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; and if no timely written request for hearing is received, the department shall enter an order in accordance with the latest notice.

(7)Collection action. A statement that as soon as the order is entered the property of the transferee is subject to collection action including, but not limited to, wage withholding, garnishment, attachment of a lien, issuance of a distress warrant, or execution.

(8)Responsibilities of transferee. A statement that the transferee must give the department written notice of any change of address or employment.

(9)Questions. A statement that if the transferee has any questions regarding the transfer of assets, the transferee should contact the department or consult an attorney.

(10)Other information. Other information as the department finds appropriate.

Iowa Admin. Code r. 441-89.5