249A.44 Overpayment — emergency relief.
1. Concurrently with a withholding of payment, the imposition of a sanction, or the institution of a criminal, civil, or administrative proceeding against a provider or other person for overpayment, the director or the attorney general may bring an action for a temporary restraining order or injunctive relief to prevent a provider or other person from whom recovery may be sought, from transferring property or otherwise taking action to protect the provider’s or other person’s business inconsistent with the recovery sought.
2. To obtain such relief, the director or the attorney general shall demonstrate all necessary requirements for the relief to be granted.
3. If an injunction is granted, the court may appoint a receiver to protect the property and business of the provider or other person from whom recovery may be sought. The court shall assess the costs of the receiver to the provider or other person.
4. The director or the attorney general may file a lis pendens on the property of the provider or other person during the pendency of a criminal, civil, or administrative proceeding.
5. When requested by the court, the director, or the attorney general, a provider or other person from whom recovery may be sought shall have an affirmative duty to fully disclose all property and liabilities to the requester.
6. An action brought under this section may be brought in the district court for Polk county or any other county in which a provider or other person from whom recovery may be sought has its principal place of business or is domiciled.
2013 Acts, ch 24, §8
Structure Iowa Code
Chapter 249A - MEDICAL ASSISTANCE
Section 249A.3A - Medical assistance — all income-eligible children.
Section 249A.4 - Duties of director.
Section 249A.4A - Garnishment.
Section 249A.4B - Medical assistance advisory council.
Section 249A.5 - Recovery of payment.
Section 249A.6 - Assignment — lien.
Section 249A.6A - Restitution.
Section 249A.7 - Fraudulent practices — investigations and audits — Medicaid fraud fund.
Section 249A.8 - Fraudulent practice.
Section 249A.11 - Payment for patient care segregated.
Section 249A.12 - Assistance to persons with an intellectual disability.
Section 249A.14 - County attorney to enforce.
Section 249A.15 - Licensed psychologists eligible for payment — provisional licensees.
Section 249A.15B - Speech pathologists eligible for payment.
Section 249A.16 - New rates for services — effective date.
Section 249A.17 - Transitional medical assistance.
Section 249A.18A - Resident assessment.
Section 249A.19 - Health care facilities — penalty.
Section 249A.20 - Noninstitutional health providers — reimbursement.
Section 249A.20A - Preferred drug list program.
Section 249A.20B - Nursing facility quality assurance assessment.
Section 249A.24 - Iowa medical assistance drug utilization review commission — created.
Section 249A.27 - Indemnity for case management and disallowed costs.
Section 249A.29 - Home and community-based services waiver providers — records checks.
Section 249A.30A - Medical assistance — personal needs allowance.
Section 249A.32A - Home and community-based services waivers — limitations.
Section 249A.32B - Early and periodic screening, diagnosis, and treatment funding.
Section 249A.33 - Pharmaceutical settlement account — medical assistance program.
Section 249A.34 - Medical assistance crisis intervention team.
Section 249A.36 - Medical assistance quality improvement council.
Section 249A.37 - Health care information sharing.
Section 249A.38 - Inmates of public institutions — suspension of medical assistance.
Section 249A.39 - Reporting of overpayment.
Section 249A.40 - Involuntarily dissolved providers — overpayments or incorrect payments.
Section 249A.41 - Overpayment — interest.
Section 249A.42 - Overpayment — limitations periods.
Section 249A.43 - Provider overpayment — notice — judgment.
Section 249A.44 - Overpayment — emergency relief.
Section 249A.45 - Provider’s third-party submissions.
Section 249A.46 - Liability of other persons — repayment of claims.
Section 249A.48 - Temporary moratoria.
Section 249A.49 - Internet site — providers found in violation of medical assistance program.
Section 249A.50 - Fraudulent practices — investigations and audits — Medicaid fraud fund.
Section 249A.51 - Fraudulent practice.
Section 249A.52 - Garnishment.
Section 249A.53 - Recovery of payment.
Section 249A.54 - Assignment — lien.
Section 249A.55 - Restitution.