§ 633c-1

633C.1 Definitions. For purposes of this chapter, unless the context otherwise requires:1. 'Available monthly income' means in reference to a medical assistance income trust beneficiary, any income received directly by the beneficiary, not from the trust, that counts asincome in determining eligibility for medical assistance and any amounts paid to or otherwisemade available to the beneficiary by the trustee pursuant to section 633C.3, subsection 1,paragraph 'b', or section 633C.3, subsection 2, paragraph 'b'. 2. 'Beneficiary' means the original beneficiary of a medical assistance special needs trust or medical assistance income trust, whose assets funded the trust. 3. 'Department' means the department of health and human services.4. 'Institutionalized individual' means an individual receiving nursing facility services, a level of care in any institution equivalent to nursing facility services, or home andcommunity-based services under the medical assistance home and community-basedservices waiver program. 5. 'Maximum monthly medical assistance payment rate for services in an intermediate care facility for persons with an intellectual disability' means the allowable rate

y-basedservices waiver program. 5. 'Maximum monthly medical assistance payment rate for services in an intermediate care facility for persons with an intellectual disability' means the allowable rate establishedby the department and as published in the Iowa administrative bulletin. 6. 'Medical assistance' means medical assistance as defined in section 249A.2.7. 'Medical assistance income trust' means a trust or similar legal instrument or device that meets the criteria of 42 U.S.C. §1396p(d)(4)(B)(i)-(ii). 8. 'Medical assistance special needs trust' means a trust or similar legal instrument or device that meets the criteria of 42 U.S.C. §1396p(d)(4)(A) or (C). 9. 'Statewide average charge for nursing facility services' means the statewide average charge for such care, excluding charges by Medicare-certified, skilled nursing facilities, ascalculated by the department and as published in the Iowa administrative bulletin. 10. 'Statewide average charge for state mental health institute care' means the statewide average charge for such care as calculated by the department and as published in the Iowaadministrative bulletin. 11.

tewide average charge for state mental health institute care' means the statewide average charge for such care as calculated by the department and as published in the Iowaadministrative bulletin. 11. 'Statewide average charge to private-pay patients for psychiatric medical institutions for children care' means the statewide average charge for such care as calculated by thedepartment and as published in the Iowa administrative bulletin. 12. 'Total monthly income' means in reference to a medical assistance income trust beneficiary, income received directly by the beneficiary, not from the trust, that counts asincome in determining eligibility for medical assistance, income of the beneficiary receivedby the trust that would otherwise count as income in determining the beneficiary’s eligibilityfor medical assistance, and income or earnings of the trust received by the trust. 94 Acts, ch 1120, §3C95, §633.70796 Acts, ch 1129, §106; 2004 Acts, ch 1086, §99; 2004 Acts, ch 1166, §1; 2005 Acts, ch 38, §52, 53, 55 CS2005, §633C.12012 Acts, ch 1019, §139; 2015 Acts, ch 137, §118, 162, 163; 2023 Acts, ch 19, §1284Referred to in §249A.12, 633B.214Section amended and editorially internally

Acts, ch 38, §52, 53, 55 CS2005, §633C.12012 Acts, ch 1019, §139; 2015 Acts, ch 137, §118, 162, 163; 2023 Acts, ch 19, §1284Referred to in §249A.12, 633B.214Section amended and editorially internally renumbered Sat Dec 23 12:17:09 2023 Iowa Code 2024, Section 633C.1 (22, 2)