HF 4445

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/29/2024 02:57pm

A bill for an act
relating to human services; modifying available resources for medical assistance
long-term care eligibility; amending Minnesota Statutes 2022, section 256B.059,
subdivision 5.

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

Section 1.

Minnesota Statutes 2022, section 256B.059, subdivision 5, is amended to read:

Subd. 5.

Asset availability.

(a) At the time of initial determination of eligibility for
medical assistance benefits for an institutionalized spouse, assets considered available to
the institutionalized spouse shall be the total value of all assets in which either spouse has
an ownership interest, reduced by the amount available to the community spouse under
subdivision 3.

The value of assets transferred for the sole benefit of the community spouse under section
256B.0595, subdivision 4, in combination with other assets available to the community
spouse under this section, cannot exceed the limit for the community spouse asset allowance
determined under subdivision 3 or 4. Assets that exceed this allowance shall be considered
available to the institutionalized spouse. If the community spouse asset allowance has been
increased under subdivision 4, then the assets considered available to the institutionalized
spouse under this subdivision shall be further reduced by the value of additional amounts
allowed under subdivision 4.

(b) An institutionalized spouse may be found eligible for medical assistance even though
assets in excess of the allowable amount are found to be available under paragraph (a) if
the assets are owned jointly or individually by the community spouse, and the institutionalized
spouse cannot use those assets to pay for the cost of care without the consent of the
community spouse, and if:

(i) the institutionalized spouse assigns to the commissioner the right to support from the
community spouse under section 256B.14, subdivision 3;

(ii) the institutionalized spouse lacks the ability to execute an assignment due to a physical
or mental impairment; or

(iii) the denial of eligibility would cause an imminent threat to the institutionalized
spouse's health and well-being.

(c) After the month in which the institutionalized spouse is determined eligible for
medical assistance, and during the continuous period of enrollment, no assets of the
community spouse are considered available to the institutionalized spouse, unless the
institutionalized spouse has been found eligible under paragraph (b).

(d) Assets determined to be available to the institutionalized spouse under this section
must be used for the health care or personal needs of the institutionalized spouse.

(e) For purposes of this section, assets do not include new text begin life estates owned by a community
spouse at the time an institutionalized spouse applies for medical assistance benefits and new text end
assets excluded under the Supplemental Security Income program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from June 24, 2020, and
applies to applications for medical assistance submitted before, on, or after that date.
new text end