HF 771

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:41am

A bill for an act
relating to medical assistance estate recovery; regulating recovery from estates
of cohabiting couples; amending Minnesota Statutes 2008, section 256B.15,
subdivisions 1, 1a, 1c, 1h, 1i, 1j, 2, 3, 4.

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

Section 1.

Minnesota Statutes 2008, section 256B.15, subdivision 1, is amended to read:

Subdivision 1.

Policy and applicability.

(a) It is the policy of this state that
individuals deleted text begin or deleted text end new text begin , new text end couples, new text begin or cohabiting couples new text end either or both of whom participate in the
medical assistance program, use their own assets to pay their share of the total cost of their
care during or after their enrollment in the program according to applicable federal law
and the laws of this state. The following provisions apply:

(1) subdivisions 1c to 1k shall not apply to claims arising under this section which
are presented under section 525.313;

(2) the provisions of subdivisions 1c to 1k expanding the interests included in an
estate for purposes of recovery under this section give effect to the provisions of United
States Code, title 42, section 1396p, governing recoveries, but do not give rise to any
express or implied liens in favor of any other parties not named in these provisions;

(3) the continuation of a recipient's life estate or joint tenancy interest in real
property after the recipient's death for the purpose of recovering medical assistance under
this section modifies common law principles holding that these interests terminate on
the death of the holder;

(4) all laws, rules, and regulations governing or involved with a recovery of medical
assistance shall be liberally construed to accomplish their intended purposes;

(5) a deceased recipient's life estate and joint tenancy interests continued under this
section shall be owned by the remaindermen or surviving joint tenants as their interests
may appear on the date of the recipient's death. They shall not be merged into the
remainder interest or the interests of the surviving joint tenants by reason of ownership.
They shall be subject to the provisions of this section. Any conveyance, transfer, sale,
assignment, or encumbrance by a remainderman, a surviving joint tenant, or their heirs,
successors, and assigns shall be deemed to include all of their interest in the deceased
recipient's life estate or joint tenancy interest continued under this section; and

(6) the provisions of subdivisions 1c to 1k continuing a recipient's joint tenancy
interests in real property after the recipient's death do not apply to a homestead owned
of record, on the date the recipient dies, by the recipient and the recipient's spouse new text begin or
the recipient and the survivor of the cohabiting couple new text end as joint tenants with a right of
survivorship. Homestead means the real property occupied by the surviving joint tenant
spouse new text begin or the survivor joint tenant of a cohabiting couple new text end as their sole residence on
the date the recipient dies and classified and taxed to the recipient and surviving joint
tenant spouse new text begin or survivor joint tenant of a cohabiting couple new text end as homestead property for
property tax purposes in the calendar year in which the recipient dies. For purposes of
this exemption, real property the recipient and their surviving joint tenant spouse new text begin or the
survivor joint tenant of a cohabiting couple new text end purchase solely with the proceeds from the sale
of their prior homestead, own of record as joint tenants, and qualify as homestead property
under section 273.124 in the calendar year in which the recipient dies and prior to the
recipient's death shall be deemed to be real property classified and taxed to the recipient
and their surviving joint tenant spouse new text begin or survivor joint tenant of a cohabiting couple new text end as
homestead property in the calendar year in which the recipient dies. The surviving spouse,
new text begin the survivor of a cohabiting couple, new text end or any person with personal knowledge of the facts,
may provide an affidavit describing the homestead property affected by this clause and
stating facts showing compliance with this clause. The affidavit shall be prima facie
evidence of the facts it states.

(b) For purposes of this section, "medical assistance" includes the medical assistance
program under this chapter and the general assistance medical care program under chapter
256D and alternative care for nonmedical assistance recipients under section 256B.0913.

(c) All provisions in this subdivision, and subdivisions 1d, 1f, 1g, 1h, 1i, and 1j,
related to the continuation of a recipient's life estate or joint tenancy interests in real
property after the recipient's death for the purpose of recovering medical assistance, are
effective only for life estates and joint tenancy interests established on or after August 1,
2003. For purposes of this paragraph, medical assistance does not include alternative care.

new text begin (d) For purposes of this section, "cohabiting couple" means two unmarried adults
who have lived together in the homestead for at least five years, are not in a parent-child
relationship, and neither has accepted remuneration to enter into this living arrangement.
new text end

Sec. 2.

Minnesota Statutes 2008, section 256B.15, subdivision 1a, is amended to read:

Subd. 1a.

Estates subject to claims.

If a person receives any medical assistance
hereunder, on the person's death, if single, deleted text begin or deleted text end on the death of the survivor of a married
couple, new text begin or on the death of the survivor of a cohabiting couple, new text end either or both of whom
received medical assistance, or as otherwise provided for in this section, the total amount
paid for medical assistance rendered for the person and spouse new text begin or for either partner of a
cohabiting couple new text end shall be filed as a claim against the estate of the person or the estate of
the surviving spouse new text begin or the estate of the surviving partner of a cohabiting couple new text end in the
court having jurisdiction to probate the estate or to issue a decree of descent according to
sections 525.31 to 525.313.

A claim shall be filed if medical assistance was rendered for either or both persons
under one of the following circumstances:

(a) the person was over 55 years of age, and received services under this chapter;

(b) the person resided in a medical institution for six months or longer, received
services under this chapter, and, at the time of institutionalization or application for
medical assistance, whichever is later, the person could not have reasonably been expected
to be discharged and returned home, as certified in writing by the person's treating
physician. For purposes of this section only, a "medical institution" means a skilled
nursing facility, intermediate care facility, intermediate care facility for persons with
developmental disabilities, nursing facility, or inpatient hospital; or

(c) the person received general assistance medical care services under chapter 256D.

The claim shall be considered an expense of the last illness of the decedent for
the purpose of section 524.3-805. Any statute of limitations that purports to limit any
county agency or the state agency, or both, to recover for medical assistance granted
hereunder shall not apply to any claim made hereunder for reimbursement for any medical
assistance granted hereunder. Notice of the claim shall be given to all heirs and devisees
of the decedent whose identity can be ascertained with reasonable diligence. The notice
must include procedures and instructions for making an application for a hardship waiver
under subdivision 5; time frames for submitting an application and determination; and
information regarding appeal rights and procedures. Counties are entitled to one-half
of the nonfederal share of medical assistance collections from estates that are directly
attributable to county effort. Counties are entitled to ten percent of the collections for
alternative care directly attributable to county effort.

Sec. 3.

Minnesota Statutes 2008, section 256B.15, subdivision 1c, is amended to read:

Subd. 1c.

Notice of potential claim.

(a) A state agency with a claim or potential
claim under this section may file a notice of potential claim under this subdivision anytime
before or within one year after a medical assistance recipient dies. The claimant shall be
the state agency. A notice filed prior to the recipient's death shall not take effect and shall
not be effective as notice until the recipient dies. A notice filed after a recipient dies
shall be effective from the time of filing.

(b) The notice of claim shall be filed or recorded in the real estate records in the
office of the county recorder or registrar of titles for each county in which any part of
the property is located. The recorder shall accept the notice for recording or filing. The
registrar of titles shall accept the notice for filing if the recipient has a recorded interest in
the property. The registrar of titles shall not carry forward to a new certificate of title any
notice filed more than one year from the date of the recipient's death.

(c) The notice must be dated, state the name of the claimant, the medical assistance
recipient's name and Social Security number if filed before their death and their date of
death if filed after they die, the name and date of death of any predeceased spouse new text begin or
predeceased partner of a cohabiting couple new text end of the medical assistance recipient for whom a
claim may exist, a statement that the claimant may have a claim arising under this section,
generally identify the recipient's interest in the property, contain a legal description for the
property and whether it is abstract or registered property, a statement of when the notice
becomes effective and the effect of the notice, be signed by an authorized representative
of the state agency, and may include such other contents as the state agency may deem
appropriate.

Sec. 4.

Minnesota Statutes 2008, section 256B.15, subdivision 1h, is amended to read:

Subd. 1h.

Estates of specific persons receiving medical assistance.

(a) For
purposes of this section, paragraphs (b) to (k) apply if a person received medical assistance
for which a claim may be filed under this section and died single, or the surviving spouse
of the couple new text begin , or the survivor of a cohabiting couple, new text end and was not survived by any of the
persons described in subdivisions 3 and 4.

(b) For purposes of this section, the person's estate consists of: (1) the person's
probate estate; (2) all of the person's interests or proceeds of those interests in real property
the person owned as a life tenant or as a joint tenant with a right of survivorship at the
time of the person's death; (3) all of the person's interests or proceeds of those interests in
securities the person owned in beneficiary form as provided under sections 524.6-301 to
524.6-311 at the time of the person's death, to the extent they become part of the probate
estate under section 524.6-307; (4) all of the person's interests in joint accounts, multiple
party accounts, and pay on death accounts, or the proceeds of those accounts, as provided
under sections 524.6-201 to 524.6-214 at the time of the person's death to the extent
they become part of the probate estate under section 524.6-207; and (5) the person's
legal title or interest at the time of the person's death in real property transferred under
a transfer on death deed under section 507.071, or in the proceeds from the subsequent
sale of the person's interest in the real property. Notwithstanding any law or rule to the
contrary, a state or county agency with a claim under this section shall be a creditor under
section 524.6-307.

(c) Notwithstanding any law or rule to the contrary, the person's life estate or joint
tenancy interest in real property not subject to a medical assistance lien under sections
514.980 to 514.985 on the date of the person's death shall not end upon the person's death
and shall continue as provided in this subdivision. The life estate in the person's estate
shall be that portion of the interest in the real property subject to the life estate that is equal
to the life estate percentage factor for the life estate as listed in the Life Estate Mortality
Table of the health care program's manual for a person who was the age of the medical
assistance recipient on the date of the person's death. The joint tenancy interest in real
property in the estate shall be equal to the fractional interest the person would have owned
in the jointly held interest in the property had they and the other owners held title to the
property as tenants in common on the date the person died.

(d) The court upon its own motion, or upon motion by the personal representative or
any interested party, may enter an order directing the remaindermen or surviving joint
tenants and their spouses, if any, to sign all documents, take all actions, and otherwise
fully cooperate with the personal representative and the court to liquidate the decedent's
life estate or joint tenancy interests in the estate and deliver the cash or the proceeds of
those interests to the personal representative and provide for any legal and equitable
sanctions as the court deems appropriate to enforce and carry out the order, including an
award of reasonable attorney fees.

(e) The personal representative may make, execute, and deliver any conveyances or
other documents necessary to convey the decedent's life estate or joint tenancy interest
in the estate that are necessary to liquidate and reduce to cash the decedent's interest or
for any other purposes.

(f) Subject to administration, all costs, including reasonable attorney fees, directly
and immediately related to liquidating the decedent's life estate or joint tenancy interest in
the decedent's estate, shall be paid from the gross proceeds of the liquidation allocable
to the decedent's interest and the net proceeds shall be turned over to the personal
representative and applied to payment of the claim presented under this section.

(g) The personal representative shall bring a motion in the district court in which
the estate is being probated to compel the remaindermen or surviving joint tenants to
account for and deliver to the personal representative all or any part of the proceeds of any
sale, mortgage, transfer, conveyance, or any disposition of real property allocable to the
decedent's life estate or joint tenancy interest in the decedent's estate, and do everything
necessary to liquidate and reduce to cash the decedent's interest and turn the proceeds of
the sale or other disposition over to the personal representative. The court may grant any
legal or equitable relief including, but not limited to, ordering a partition of real estate
under chapter 558 necessary to make the value of the decedent's life estate or joint tenancy
interest available to the estate for payment of a claim under this section.

(h) Subject to administration, the personal representative shall use all of the cash
or proceeds of interests to pay an allowable claim under this section. The remaindermen
or surviving joint tenants and their spouses, if any, may enter into a written agreement
with the personal representative or the claimant to settle and satisfy obligations imposed at
any time before or after a claim is filed.

(i) The personal representative may, at their discretion, provide any or all of the
other owners, remaindermen, or surviving joint tenants with an affidavit terminating the
decedent's estate's interest in real property the decedent owned as a life tenant or as a joint
tenant with others, if the personal representative determines in good faith that neither the
decedent nor any of the decedent's predeceased spouses received any medical assistance
for which a claim could be filed under this section, or if the personal representative has
filed an affidavit with the court that the estate has other assets sufficient to pay a claim,
as presented, or if there is a written agreement under paragraph (h), or if the claim, as
allowed, has been paid in full or to the full extent of the assets the estate has available
to pay it. The affidavit may be recorded in the office of the county recorder or filed in
the Office of the Registrar of Titles for the county in which the real property is located.
Except as provided in section 514.981, subdivision 6, when recorded or filed, the affidavit
shall terminate the decedent's interest in real estate the decedent owned as a life tenant or a
joint tenant with others. The affidavit shall:

(1) be signed by the personal representative;

(2) identify the decedent and the interest being terminated;

(3) give recording information sufficient to identify the instrument that created the
interest in real property being terminated;

(4) legally describe the affected real property;

(5) state that the personal representative has determined that neither the decedent deleted text begin nor deleted text end new text begin , new text end
any of the decedent's predeceased spouses new text begin , or any of the decedent's cohabiting partners new text end
received any medical assistance for which a claim could be filed under this section;

(6) state that the decedent's estate has other assets sufficient to pay the claim, as
presented, or that there is a written agreement between the personal representative and
the claimant and the other owners or remaindermen or other joint tenants to satisfy the
obligations imposed under this subdivision; and

(7) state that the affidavit is being given to terminate the estate's interest under this
subdivision, and any other contents as may be appropriate.

The recorder or registrar of titles shall accept the affidavit for recording or filing. The
affidavit shall be effective as provided in this section and shall constitute notice even if it
does not include recording information sufficient to identify the instrument creating the
interest it terminates. The affidavit shall be conclusive evidence of the stated facts.

(j) The holder of a lien arising under subdivision 1c shall release the lien at the
holder's expense against an interest terminated under paragraph (h) to the extent of the
termination.

(k) If a lien arising under subdivision 1c is not released under paragraph (j), prior to
closing the estate, the personal representative shall deed the interest subject to the lien to
the remaindermen or surviving joint tenants as their interests may appear. Upon recording
or filing, the deed shall work a merger of the recipient's life estate or joint tenancy interest,
subject to the lien, into the remainder interest or interest the decedent and others owned
jointly. The lien shall attach to and run with the property to the extent of the decedent's
interest at the time of the decedent's death.

Sec. 5.

Minnesota Statutes 2008, section 256B.15, subdivision 1i, is amended to read:

Subd. 1i.

Estates of persons receiving medical assistance and survived by
others.

(a) For purposes of this subdivision, the person's estate consists of the person's
probate estate and all of the person's interests in real property the person owned as a life
tenant or a joint tenant at the time of the person's death and the person's legal title or
interest at the time of the person's death in real property transferred to a beneficiary under
a transfer on death deed under section 507.071, or in the proceeds from the subsequent
sale of the person's interest in the transferred real property.

(b) Notwithstanding any law or rule to the contrary, this subdivision applies if a
person received medical assistance for which a claim could be filed under this section but
for the fact the person was survived by a spouse new text begin , by a partner in a cohabiting couple, new text end or
by a person listed in subdivision 3, or if subdivision 4 applies to a claim arising under
this section.

(c) The person's life estate or joint tenancy interests in real property not subject to a
medical assistance lien under sections 514.980 to 514.985 on the date of the person's death
shall not end upon death and shall continue as provided in this subdivision. The life estate
in the estate shall be the portion of the interest in the property subject to the life estate that
is equal to the life estate percentage factor for the life estate as listed in the Life Estate
Mortality Table of the health care program's manual for a person who was the age of the
medical assistance recipient on the date of the person's death. The joint tenancy interest in
the estate shall be equal to the fractional interest the medical assistance recipient would
have owned in the jointly held interest in the property had they and the other owners held
title to the property as tenants in common on the date the medical assistance recipient died.

(d) The county agency shall file a claim in the estate under this section on behalf
of the claimant who shall be the commissioner of human services, notwithstanding that
the decedent is survived by a spouse new text begin , a partner in a cohabiting couple, new text end or a person listed
in subdivision 3. The claim, as allowed, shall not be paid by the estate and shall be
disposed of as provided in this paragraph. The personal representative or the court shall
make, execute, and deliver a lien in favor of the claimant on the decedent's interest in
real property in the estate in the amount of the allowed claim on forms provided by the
commissioner to the county agency filing the lien. The lien shall bear interest as provided
under section 524.3-806, shall attach to the property it describes upon filing or recording,
and shall remain a lien on the real property it describes for a period of 20 years from
the date it is filed or recorded. The lien shall be a disposition of the claim sufficient to
permit the estate to close.

(e) The state or county agency shall file or record the lien in the office of the
county recorder or registrar of titles for each county in which any of the real property is
located. The recorder or registrar of titles shall accept the lien for filing or recording. All
recording or filing fees shall be paid by the Department of Human Services. The recorder
or registrar of titles shall mail the recorded lien to the Department of Human Services.
The lien need not be attested, certified, or acknowledged as a condition of recording or
filing. Upon recording or filing of a lien against a life estate or a joint tenancy interest,
the interest subject to the lien shall merge into the remainder interest or the interest the
recipient and others owned jointly. The lien shall attach to and run with the property to
the extent of the decedent's interest in the property at the time of the decedent's death
as determined under this section.

(f) The department shall make no adjustment or recovery under the lien until after
the decedent's spouse new text begin or survivor of a cohabiting couple new text end , if any, has died, and only at a
time when the decedent has no surviving child described in subdivision 3. The estate, any
owner of an interest in the property which is or may be subject to the lien, or any other
interested party, may voluntarily pay off, settle, or otherwise satisfy the claim secured or
to be secured by the lien at any time before or after the lien is filed or recorded. Such
payoffs, settlements, and satisfactions shall be deemed to be voluntary repayments of past
medical assistance payments for the benefit of the deceased recipient, and neither the
process of settling the claim, the payment of the claim, or the acceptance of a payment
shall constitute an adjustment or recovery that is prohibited under this subdivision.

(g) The lien under this subdivision may be enforced or foreclosed in the manner
provided by law for the enforcement of judgment liens against real estate or by a
foreclosure by action under chapter 581. When the lien is paid, satisfied, or otherwise
discharged, the state or county agency shall prepare and file a release of lien at its own
expense. No action to foreclose the lien shall be commenced unless the lienholder has first
given 30 days' prior written notice to pay the lien to the owners and parties in possession
of the property subject to the lien. The notice shall:

(1) include the name, address, and telephone number of the lienholder;

(2) describe the lien;

(3) give the amount of the lien;

(4) inform the owner or party in possession that payment of the lien in full must be
made to the lienholder within 30 days after service of the notice or the lienholder may
begin proceedings to foreclose the lien; and

(5) be served by personal service, certified mail, return receipt requested, ordinary
first class mail, or by publishing it once in a newspaper of general circulation in the county
in which any part of the property is located. Service of the notice shall be complete upon
mailing or publication.

Sec. 6.

Minnesota Statutes 2008, section 256B.15, subdivision 1j, is amended to read:

Subd. 1j.

Claims in estates of decedents survived by other survivors.

For
purposes of this subdivision, the provisions in subdivision 1i, paragraphs (a) to (c) apply.

(a) If payment of a claim filed under this section is limited as provided in subdivision
4, and if the estate does not have other assets sufficient to pay the claim in full, as allowed,
the personal representative or the court shall make, execute, and deliver a lien on the
property in the estate that is exempt from the claim under subdivision 4 in favor of the
commissioner of human services on forms provided by the commissioner to the county
agency filing the claim. If the estate pays a claim filed under this section in full from other
assets of the estate, no lien shall be filed against the property described in subdivision 4.

(b) The lien shall be in an amount equal to the unpaid balance of the allowed
claim under this section remaining after the estate has applied all other available assets
of the estate to pay the claim. The property exempt under subdivision 4 shall not be
sold, assigned, transferred, conveyed, encumbered, or distributed until after the personal
representative has determined the estate has other assets sufficient to pay the allowed
claim in full, or until after the lien has been filed or recorded. The lien shall bear interest
as provided under section 524.3-806, shall attach to the property it describes upon filing
or recording, and shall remain a lien on the real property it describes for a period of 20
years from the date it is filed or recorded. The lien shall be a disposition of the claim
sufficient to permit the estate to close.

(c) The state or county agency shall file or record the lien in the office of the county
recorder or registrar of titles in each county in which any of the real property is located.
The department shall pay the filing fees. The lien need not be attested, certified, or
acknowledged as a condition of recording or filing. The recorder or registrar of titles
shall accept the lien for filing or recording.

(d) The commissioner shall make no adjustment or recovery under the lien until
none of the persons listed in subdivision 4 are residing on the property or until the property
is sold or transferred. The estate or any owner of an interest in the property that is or
may be subject to the lien, or any other interested party, may voluntarily pay off, settle,
or otherwise satisfy the claim secured or to be secured by the lien at any time before or
after the lien is filed or recorded. The payoffs, settlements, and satisfactions shall be
deemed to be voluntary repayments of past medical assistance payments for the benefit
of the deceased recipient and neither the process of settling the claim, the payment of
the claim, or acceptance of a payment shall constitute an adjustment or recovery that is
prohibited under this subdivision.

(e) A lien under this subdivision may be enforced or foreclosed in the manner
provided for by law for the enforcement of judgment liens against real estate or by
a foreclosure by action under chapter 581. When the lien has been paid, satisfied, or
otherwise discharged, the claimant shall prepare and file a release of lien at the claimant's
expense. No action to foreclose the lien shall be commenced unless the lienholder has first
given 30 days prior written notice to pay the lien to the record owners of the property and
the parties in possession of the property subject to the lien. The notice shall:

(1) include the name, address, and telephone number of the lienholder;

(2) describe the lien;

(3) give the amount of the lien;

(4) inform the owner or party in possession that payment of the lien in full must be
made to the lienholder within 30 days after service of the notice or the lienholder may
begin proceedings to foreclose the lien; and

(5) be served by personal service, certified mail, return receipt requested, ordinary
first class mail, or by publishing it once in a newspaper of general circulation in the county
in which any part of the property is located. Service shall be complete upon mailing
or publication.

(f) Upon filing or recording of a lien against a life estate or joint tenancy interest
under this subdivision, the interest subject to the lien shall merge into the remainder
interest or the interest the decedent and others owned jointly, effective on the date of
recording and filing. The lien shall attach to and run with the property to the extent of
the decedent's interest in the property at the time of the decedent's death as determined
under this section.

(g)(1) An affidavit may be provided by a personal representative, at their discretion,
stating the personal representative has determined in good faith that a decedent survived
by a spouse new text begin , the survivor of a cohabiting couple, new text end or a person listed in subdivision 3, or
by a person listed in subdivision 4, or the decedent's predeceased spouse new text begin or predeceased
partner of a cohabiting couple new text end did not receive any medical assistance giving rise to a claim
under this section, or that the real property described in subdivision 4 is not needed to pay
in full a claim arising under this section.

(2) The affidavit shall:

(i) describe the property and the interest being extinguished;

(ii) name the decedent and give the date of death;

(iii) state the facts listed in clause (1);

(iv) state that the affidavit is being filed to terminate the life estate or joint tenancy
interest created under this subdivision;

(v) be signed by the personal representative; and

(vi) contain any other information that the affiant deems appropriate.

(3) Except as provided in section 514.981, subdivision 6, when the affidavit is filed
or recorded, the life estate or joint tenancy interest in real property that the affidavit
describes shall be terminated effective as of the date of filing or recording. The termination
shall be final and may not be set aside for any reason.

Sec. 7.

Minnesota Statutes 2008, section 256B.15, subdivision 2, is amended to read:

Subd. 2.

Limitations on claims.

The claim shall include only the total amount
of medical assistance rendered after age 55 or during a period of institutionalization
described in subdivision 1a, clause (b), and the total amount of general assistance medical
care rendered, and shall not include interest. Claims that have been allowed but not
paid shall bear interest according to section 524.3-806, paragraph (d). A claim against
the estate of a surviving spouse new text begin or the estate of the survivor of a cohabiting couple new text end who
did not receive medical assistance, for medical assistance rendered for the predeceased
spouse new text begin or predeceased partner of a cohabiting couple new text end , is limited to the value of the assets
of the estate that were marital property or jointly owned property at any time during the
marriage. Claims for alternative care shall be net of all premiums paid under section
256B.0913, subdivision 12, on or after July 1, 2003, and shall be limited to services
provided on or after July 1, 2003.

Sec. 8.

Minnesota Statutes 2008, section 256B.15, subdivision 3, is amended to read:

Subd. 3.

Surviving spouse, new text begin survivor of a cohabiting couple, new text end minor, blind, or
disabled children.

If a decedent is survived by a spouse new text begin or partner of a cohabiting couple new text end ,
or was single deleted text begin or deleted text end new text begin , new text end the surviving spouse of a married couple new text begin , or the survivor of a cohabiting
couple new text end and is survived by a child who is under age 21 or blind or permanently and totally
disabled according to the supplemental security income program criteria, a claim shall be
filed against the estate according to this section.

Sec. 9.

Minnesota Statutes 2008, section 256B.15, subdivision 4, is amended to read:

Subd. 4.

Other survivors.

(a) If the decedent who was single deleted text begin or deleted text end new text begin , new text end the surviving
spouse of a married couple new text begin , or the survivor of a cohabiting couple new text end is survived by one of
the following persons, a claim exists against the estate payable first from the value of the
nonhomestead property included in the estate and the personal representative shall make,
execute, and deliver to the county agency a lien against the homestead property in the
estate for any unpaid balance of the claim to the claimant as provided under this section:

(1) a sibling who resided in the decedent medical assistance recipient's home at
least one year before the decedent's institutionalization and continuously since the date
of institutionalization; or

(2) a son or daughter or a grandchild who resided in the decedent medical assistance
recipient's home for at least two years immediately before the parent's or grandparent's
institutionalization and continuously since the date of institutionalization, and who
establishes by a preponderance of the evidence having provided care to the parent
or grandparent who received medical assistance, that the care was provided before
institutionalization, and that the care permitted the parent or grandparent to reside at
home rather than in an institution.

(b) For purposes of this subdivision, "institutionalization" means receiving care:

(1) in a nursing facility or swing bed, or intermediate care facility for persons with
developmental disabilities; or

(2) through home and community-based services under section 256B.0915,
256B.092, or 256B.49.