Iowa's Estate Recovery Law

After the death of a person who has received Title XIX funded medical assistance, the law requires that the individual's assets be used to provide repayment to the Iowa Department of Human Services (DHS). Title XIX funded medical assistance includes Medicaid and various waiver programs, including the Medically Needy Program and the Elderly Waiver Program. Federal law requires states to have an estate recovery program. In Iowa the estate recovery program is provided under Iowa Code Section 249A.53(2). Administrative rules are found in section 441 IAC 75.28(7).

When you received Medicaid benefits, which includes capitation fees paid to a managed care organization, even if the plan did not pay for any services, the state of Iowa has the right to ask for money back from your estate after your death.  Members affected by the estate recovery policy are those who:

  • Are 55 years of age or older, regardless of where they are living; or
  • Are under age 55 and:
    • Reside in a nursing facility, an intermediate care facility for persons with an intellectually disability, or a mental health institute, and
    • Cannot reasonably be expected to be discharged and return home.

More Information

Comm. 123: Important Information for You and Your Family Members About the Estate Recovery Program

Comm. 266: Iowa's Estate Recovery Law

Estate Recovery Frequently Asked Questions (FAQ)

Estate Recovery Forms

General Referral Form
Industry Forms
Burial Fund Refund Forms
Probate Notices


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