Iowa Code » Chapter 249A — MEDICAL ASSISTANCE
Iowa Code

Iowa Code § 249A.5 (2026)

through 249A.10 Reserved

✓ current as of July 2026
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Tue Dec 09 22:20:22 2025 Iowa Code 2026, Chapter 249A (116, 3) §249A.11, MEDICAL ASSISTANCE 16

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Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1985–2026 · leading case: In the Matter of the Est. of Arnold Melby, Iowa, 841 N.W.2d 867 (Iowa 2014).
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In the Matter of the Est. of Arnold Melby, Iowa, 841 N.W.2d 867 (Iowa 2014). · cites it 97× “Recovery of Medicaid Payments Under Section 249A.5. We have previously undertaken a three-part analysis in determining whether certain trust assets may be subject to Medicaid recovery under our Medicaid recovery statute’s provisions.”
Health Mgmt. Sys., Inc. Ex Rel. Iowa Dep't of Human Servs. v. Laughead, 696 N.W.2d 312 (Iowa 2005). · cites it 48× “” Iowa Code § 249A.5(2) (1995). This statute also provided that the estate of a medical assistance recipient “includes any real property .”
In Re Barkema Trust, 690 N.W.2d 50 (Iowa 2004). · cites it 18× “Iowa Code § 249A.5(2) (2003). Thus, the Medicaid benefits provided by the Department to Lois created a $55,000 debt due to the Department upon her death.”
In Re the Est. of Serovy, 711 N.W.2d 290 (Iowa 2006). · cites it 20× “For purposes of collection of a debt created by this subsection, all assets included in the estate of a medical assistance recipient, surviving spouse, or surviving child pursuant to paragraph “c” are subject to probate.”
In Re Est. of Gist, 763 N.W.2d 561 (Iowa 2009). · cites it 31× “The State claims Iowa Code section 249A.5 allows it to recover from the estate the monies it paid on Elenore's behalf under Title XIX.”
Fernandez v. Iowa Dep't of Human Servs., 375 N.W.2d 701 (Iowa 1985). · cites it 6× “153, 1983 Iowa Acts 333 (codified in Iowa Code § 249A.5 (Supp.1983)). Therefore, appellant concludes that the department had no authority to recover from the appellant-provider in 1982 because the department could not do what the legislature expressly refused to do prior to 1983.”
State Ex Rel. Dep't of Human Servs. v. Brooks, 412 N.W.2d 613 (Iowa 1987). · cites it 4× “Under the joint federal and state program the state must enforce its right of subrogation against persons legally liable to the benefit recipient for medical expenses incurred as a result of that liability.”
In Re the Est. of Kirk, 591 N.W.2d 630 (Iowa 1999). · cites it 4× “Additionally, the provision for Medicaid assistance to an individual creates, under certain circumstances, a debt due to the Department of Human Services from the individual’s estate.”
In Re Est. of Tolson, 690 N.W.2d 680 (Iowa 2005). · cites it 2× “Additionally, Where the homestead descends to the issue of either spouse the homestead shall be held exempt from any antecedent debts of the issue's parents or antecedent debts of the issue, except those of the owner of the homestead contracted prior to acquisition of the…”
Iowa Dep't of Human Servs. v. Eral, 763 N.W.2d 561 (Iowa 2009). · cites it 31× “The State claims Iowa Code section 249A.5 allows it to recover from the estate the monies it paid on Elenore’s behalf under Title XIX.”
Torgerson v. Barkema, 690 N.W.2d 50 (Iowa 2004). · cites it 18× “Iowa Code § 249A.5(2) (2003). Thus, the Medicaid benefits provided by the Department to Lois created a $55,000 debt due to the Department upon her death.”
Perley v. Palmer, 157 F.R.D. 452 (N.D. Iowa 1994). · cites it 4× “5 which states: Assistance incorrectly paid is recoverable from the provider, or from the recipient, while living, as a debt due the state and, upon the recipient’s death, as a claim classified with taxes having preference under the laws of this state.”
Show all 20 citing cases →
— Iowa Code § 249A.5(1) — 2 cases
In the Matter of the Est. of Arnold Melby, Iowa, 841 N.W.2d 867 (Iowa 2014). “Recovery of Medicaid Payments Under Section 249A.5. We have previously undertaken a three-part analysis in determining whether certain trust assets may be subject to Medicaid recovery under our Medicaid recovery statute’s provisions.”
In Re the Est. of Kirk, 591 N.W.2d 630 (Iowa 1999). “Additionally, the provision for Medicaid assistance to an individual creates, under certain circumstances, a debt due to the Department of Human Services from the individual’s estate.”
— Iowa Code § 249A.5(2) — 12 cases
In the Matter of the Est. of Arnold Melby, Iowa, 841 N.W.2d 867 (Iowa 2014). “Recovery of Medicaid Payments Under Section 249A.5. We have previously undertaken a three-part analysis in determining whether certain trust assets may be subject to Medicaid recovery under our Medicaid recovery statute’s provisions.”
In Re Barkema Trust, 690 N.W.2d 50 (Iowa 2004). “Iowa Code § 249A.5(2) (2003). Thus, the Medicaid benefits provided by the Department to Lois created a $55,000 debt due to the Department upon her death.”
Health Mgmt. Sys., Inc. Ex Rel. Iowa Dep't of Human Servs. v. Laughead, 696 N.W.2d 312 (Iowa 2005). “” Iowa Code § 249A.5(2) (1995). This statute also provided that the estate of a medical assistance recipient “includes any real property .”
In Re Est. of Gist, 763 N.W.2d 561 (Iowa 2009). “The State claims Iowa Code section 249A.5 allows it to recover from the estate the monies it paid on Elenore's behalf under Title XIX.”
In Re the Est. of Serovy, 711 N.W.2d 290 (Iowa 2006). “For purposes of collection of a debt created by this subsection, all assets included in the estate of a medical assistance recipient, surviving spouse, or surviving child pursuant to paragraph “c” are subject to probate.”
— Iowa Code § 249A.5(2)(6) — 1 case
In the Matter of the Est. of Arnold Melby, Iowa, 841 N.W.2d 867 (Iowa 2014). “Recovery of Medicaid Payments Under Section 249A.5. We have previously undertaken a three-part analysis in determining whether certain trust assets may be subject to Medicaid recovery under our Medicaid recovery statute’s provisions.”
— Iowa Code § 249A.5(2)(a) — 1 case
In the Matter of the Est. of Arnold Melby, Iowa, 841 N.W.2d 867 (Iowa 2014). “Recovery of Medicaid Payments Under Section 249A.5. We have previously undertaken a three-part analysis in determining whether certain trust assets may be subject to Medicaid recovery under our Medicaid recovery statute’s provisions.”
— Iowa Code § 249A.5(2)(c) — 8 cases
Health Mgmt. Sys., Inc. Ex Rel. Iowa Dep't of Human Servs. v. Laughead, 696 N.W.2d 312 (Iowa 2005). “” Iowa Code § 249A.5(2) (1995). This statute also provided that the estate of a medical assistance recipient “includes any real property .”
In the Matter of the Est. of Arnold Melby, Iowa, 841 N.W.2d 867 (Iowa 2014). “Recovery of Medicaid Payments Under Section 249A.5. We have previously undertaken a three-part analysis in determining whether certain trust assets may be subject to Medicaid recovery under our Medicaid recovery statute’s provisions.”
In Re the Est. of Serovy, 711 N.W.2d 290 (Iowa 2006). “For purposes of collection of a debt created by this subsection, all assets included in the estate of a medical assistance recipient, surviving spouse, or surviving child pursuant to paragraph “c” are subject to probate.”
Iowa Dep't of Human Servs. v. Eral, 763 N.W.2d 561 (Iowa 2009). “The State claims Iowa Code section 249A.5 allows it to recover from the estate the monies it paid on Elenore’s behalf under Title XIX.”
In Re the Est. of Kirk, 591 N.W.2d 630 (Iowa 1999). “Additionally, the provision for Medicaid assistance to an individual creates, under certain circumstances, a debt due to the Department of Human Services from the individual’s estate.”
— Iowa Code § 249A.5(2)(d) — 5 cases
Health Mgmt. Sys., Inc. Ex Rel. Iowa Dep't of Human Servs. v. Laughead, 696 N.W.2d 312 (Iowa 2005). “” Iowa Code § 249A.5(2) (1995). This statute also provided that the estate of a medical assistance recipient “includes any real property .”
In Re the Est. of Serovy, 711 N.W.2d 290 (Iowa 2006). “For purposes of collection of a debt created by this subsection, all assets included in the estate of a medical assistance recipient, surviving spouse, or surviving child pursuant to paragraph “c” are subject to probate.”
Iowa Dep't of Human Servs. v. Eral, 763 N.W.2d 561 (Iowa 2009). “The State claims Iowa Code section 249A.5 allows it to recover from the estate the monies it paid on Elenore’s behalf under Title XIX.”
In The Matter Of The Est. Of Elenore Gist Iowa (Iowa 2009).
In The Matter Of The Est. Of Mary H. Serovy, Allan J. Serovy & Pearl M. Serovy (Iowa 2006).
— Iowa Code § 249A.5(2)(e) — 4 cases
Health Mgmt. Sys., Inc. Ex Rel. Iowa Dep't of Human Servs. v. Laughead, 696 N.W.2d 312 (Iowa 2005). “” Iowa Code § 249A.5(2) (1995). This statute also provided that the estate of a medical assistance recipient “includes any real property .”
In Re the Est. of Serovy, 711 N.W.2d 290 (Iowa 2006). “For purposes of collection of a debt created by this subsection, all assets included in the estate of a medical assistance recipient, surviving spouse, or surviving child pursuant to paragraph “c” are subject to probate.”
Iowa Dep't of Human Servs. v. Eral, 763 N.W.2d 561 (Iowa 2009). “The State claims Iowa Code section 249A.5 allows it to recover from the estate the monies it paid on Elenore’s behalf under Title XIX.”
Torgerson v. Barkema, 690 N.W.2d 50 (Iowa 2004). “Iowa Code § 249A.5(2) (2003). Thus, the Medicaid benefits provided by the Department to Lois created a $55,000 debt due to the Department upon her death.”
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