HF 1704

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health; establishing an asset requirement 
  1.3             for the MinnesotaCare program; imposing civil and 
  1.4             criminal penalties; amending Minnesota Statutes 1996, 
  1.5             section 256.9355, by adding a subdivision; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 256. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 256.9355, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 5.  [PENALTIES.] A person violates section 256.98 and 
  1.11  is subject to both the criminal and civil penalties provided 
  1.12  therein if the person obtains or attempts to obtain, or aids or 
  1.13  abets another person in obtaining, benefits under the 
  1.14  MinnesotaCare program to which the person is not entitled or 
  1.15  that are greater than those to which the person is reasonably 
  1.16  entitled by means of: 
  1.17     (1) a willfully false statement or representation; 
  1.18     (2) the intentional withholding or concealment of a 
  1.19  material fact; 
  1.20     (3) an impersonation; or 
  1.21     (4) any other fraudulent device. 
  1.22     Sec. 2.  [256.9364] [ASSET REQUIREMENT FOR MINNESOTACARE.] 
  1.23     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  1.24  section, the following terms have the meanings given them. 
  1.25     (a) "Asset" means cash and other personal property, as well 
  1.26  as any real property, that a family or individual owns and that 
  2.1   has monetary value. 
  2.2      (b) "Homestead" means a home that is owned by, and is the 
  2.3   usual residence of, a family or individual, together with the 
  2.4   surrounding property that is not separated from the home by 
  2.5   intervening property owned by others.  Public rights-of-way, 
  2.6   such as roads that run through the surrounding property and 
  2.7   separate it from the home, do not affect the exemption of the 
  2.8   property.  
  2.9      (c) "Net asset" means the asset's fair market value minus 
  2.10  any encumbrances, including, but not limited to, liens and 
  2.11  mortgages.  
  2.12     (d) "Usual residence" includes a home from which a family 
  2.13  or individual is temporarily absent because of illness, 
  2.14  employment, or education, or because the home is temporarily not 
  2.15  habitable due to casualty or natural disaster. 
  2.16     Subd. 2.  [LIMIT ON TOTAL ASSETS.] (a) Effective April 1, 
  2.17  1998, or upon federal approval, whichever is later, to be 
  2.18  eligible for the MinnesotaCare program, a household of two or 
  2.19  more persons must not own more than $30,000 in total net assets 
  2.20  and a household of one person must not own more than $15,000 in 
  2.21  total net assets. 
  2.22     (b) For purposes of this subdivision, total net assets 
  2.23  include all assets, except: 
  2.24     (1) a homestead; 
  2.25     (2) household goods and personal effects; and 
  2.26     (3) capital and operating assets of a trade or business up 
  2.27  to $200,000 in net assets. 
  2.28     (c) If an asset excluded under paragraph (b) has a negative 
  2.29  value, the negative value shall be subtracted from the total net 
  2.30  assets under paragraph (a). 
  2.31     Subd. 3.  [DOCUMENTATION.] (a) The commissioner of human 
  2.32  services shall require individuals and families, at the time of 
  2.33  application or renewal, to indicate on a checkoff form developed 
  2.34  by the commissioner whether they satisfy the MinnesotaCare asset 
  2.35  requirement.  This form must include the following or similar 
  2.36  language:  "To be eligible for MinnesotaCare, individuals and 
  3.1   families must not own net assets in excess of $30,000 for a 
  3.2   household of two or more persons or $15,000 for a household of 
  3.3   one person, not including a homestead, household goods and 
  3.4   personal effects, and capital and operating assets of a trade or 
  3.5   business up to $200,000.  Do you and your household own net 
  3.6   assets in excess of these limits?" 
  3.7      (b) The commissioner may require individuals and families 
  3.8   to provide any information the commissioner determines necessary 
  3.9   to verify compliance with the asset requirement, if the 
  3.10  commissioner determines that there is reason to believe that an 
  3.11  individual or family has assets that exceed the program limit. 
  3.12     Subd. 4.  [PENALTIES.] Individuals or families who are 
  3.13  found to have knowingly misreported the amount of their assets 
  3.14  as described in this section shall be subject to penalties under 
  3.15  section 256.98.  The commissioner shall present recommendations 
  3.16  on additional penalties to the 1998 legislature.