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HF 1482

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to human services; modifying estates subject to medical assistance
claims; amending Minnesota Statutes 2008, section 256B.15, subdivisions 1a, 5.

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

Section 1.

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, or on the death of the survivor of a married
couple, 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 shall be filed as a claim against the estate of the person or the estate of the
surviving spouse 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
decedentnew text begin , and to other persons with an ownership interest in the real property owned by
the decedent at the time of the decedent's death,
new text end 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. 2.

Minnesota Statutes 2008, section 256B.15, subdivision 5, is amended to read:


Subd. 5.

Undue hardship.

new text begin (a) new text end Any person entitled to notice in subdivision 1a has a
right to apply for waiver of the claim based upon undue hardship. Any claim pursuant to
this section may be fully or partially waived because of undue hardship. Undue hardship
does not include action taken by the decedent which divested or diverted assets in order
to avoid estate recovery. Any waiver of a claim must benefit the person claiming undue
hardship. The commissioner shall have authority to hear claimant appeals, pursuant to
section 256.045, when an application for a hardship waiver is denied in whole or part.

new text begin (b) Upon approval of the waiver, this paragraph applies to a claim against the
decedent's real property if an individual other than the recipient's spouse had an ownership
interest in the property at the time of the decedent's death and actually and continuously
occupied the real property as the individual's residence for at least 180 days before the
date the decedent died. If the real property is classified as the individual's homestead
property for property tax purposes under section 273.124, no adjustment or recovery may
be made until the individual no longer resides in the property or until the property is
sold or transferred.
new text end