HF 766

as introduced - 87th Legislature (2011 - 2012) Posted on 02/28/2011 10:31am

A bill for an act
relating to human services; requiring spousal contribution for long-term care
expenses; amending Minnesota Statutes 2010, section 256B.14, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 256B.14, is amended by adding a
subdivision to read:

new text begin Subd. 3b. new text end

new text begin Community spouse contribution; excess income. new text end

new text begin (a) The community
spouse of an institutionalized person who receives medical assistance under section
256B.059, subdivision 5, paragraph (b), has an obligation to contribute to the cost of the
care for the institutionalized spouse by making monthly payments on a sliding scale
based on income, unless the community spouse is caring for a minor or disabled child in
which case no payment must be assessed.
new text end

new text begin (b) For a spouse with an adjusted gross income equal to or greater than 250 percent
of the federal poverty guidelines for a family of two and less than 545 percent of the
federal poverty guidelines for a family of two, the spousal contribution shall be determined
using a sliding fee scale established by the commissioner which begins at 7.5 percent of
the adjusted gross income and increases to 15 percent of the adjusted gross income for
those with an adjusted gross income of up to 545 percent of the federal poverty guidelines
for a family of two.
new text end

new text begin (c) For a spouse with an adjusted gross income equal to or greater than 545 percent
of the federal poverty guidelines for a family of two and less than 675 percent of the
federal poverty guidelines for a family of two, the spousal contribution shall be 20 percent
of the adjusted gross income.
new text end

new text begin (d) For a spouse with an adjusted gross income equal to or greater than 675 percent
of the federal poverty guidelines for a family of two and less than 975 percent of the
federal poverty guidelines for a family of two, the spousal contribution shall be determined
using a sliding fee scale established by the commissioner which begins at 20 percent of
the adjusted gross income and increases to 30 percent of the adjusted gross income for
those with an adjusted gross income of up to 975 percent of the federal poverty guidelines
for a family of two.
new text end

new text begin (e) For a spouse with an adjusted gross income equal to or greater than 975 percent
of the federal poverty guidelines for a family of two, the spousal contribution shall be
33 percent of the adjusted gross income.
new text end

new text begin (f) In no case shall the spousal contribution exceed the amount of medical assistance
expended for the care of the institutionalized spouse.
new text end

new text begin (g) The spousal contribution shall be explained in writing at the time eligibility
for services is being determined.
new text end

new text begin (h) The monthly contribution amount shall be reviewed at least once every 12
months, and when there is a loss or gain in income in excess of ten percent per month.
If the contribution amount is to be adjusted, the local agency must mail a written notice
to the community spouse 30 days in advance of the effective date of the change in the
amount of the contribution.
new text end