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Minnesota Legislature

Office of the Revisor of Statutes

HF 2438

as introduced - 89th Legislature (2015 - 2016) Posted on 05/05/2016 01:40pm

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

Bill Text Versions

Engrossments
Introduction Posted on 01/29/2016

Current Version - as introduced

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3.1

A bill for an act
relating to human services; increasing the asset medical assistance eligibility
limit and the excess income standard for the blind, disabled, and elderly;
amending Minnesota Statutes 2014, section 256B.056, subdivision 3; Minnesota
Statutes 2015 Supplement, section 256B.056, subdivision 5c.

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

Section 1.

Minnesota Statutes 2014, section 256B.056, subdivision 3, is amended to
read:


Subd. 3.

Asset limitations for certain individuals.

(a) To be eligible for medical
assistance, a person must not individually own more than deleted text begin$3,000deleted text end new text begin$10,000 new text endin assets, or
if a member of a household with two family members, husband and wife, or parent and
child, the household must not own more than deleted text begin$6,000deleted text end new text begin $18,000 new text endin assetsdeleted text begin, plus $200 for
each additional legal dependent
deleted text end. In addition to these maximum amounts, an eligible
individual or family may accrue interest on these amounts, but they must be reduced to the
maximum at the time of an eligibility redetermination. The accumulation of the clothing
and personal needs allowance according to section 256B.35 must also be reduced to the
maximum at the time of the eligibility redetermination. The value of assets that are not
considered in determining eligibility for medical assistance is the value of those assets
excluded under the Supplemental Security Income program for aged, blind, and disabled
persons, with the following exceptions:

(1) household goods and personal effects are not considered;

(2) capital and operating assets of a trade or business that the local agency determines
are necessary to the person's ability to earn an income are not considered;

(3) motor vehicles are excluded to the same extent excluded by the Supplemental
Security Income program;

(4) assets designated as burial expenses are excluded to the same extent excluded by
the Supplemental Security Income program. Burial expenses funded by annuity contracts
or life insurance policies must irrevocably designate the individual's estate as contingent
beneficiary to the extent proceeds are not used for payment of selected burial expenses;

(5) for a person who no longer qualifies as an employed person with a disability due
to loss of earnings, assets allowed while eligible for medical assistance under section
256B.057, subdivision 9, are not considered for 12 months, beginning with the first month
of ineligibility as an employed person with a disability, to the extent that the person's total
assets remain within the allowed limits of section 256B.057, subdivision 9, paragraph (d);

(6) when a person enrolled in medical assistance under section 256B.057,
subdivision 9
, is age 65 or older and has been enrolled during each of the 24 consecutive
months before the person's 65th birthday, the assets owned by the person and the person's
spouse must be disregarded, up to the limits of section 256B.057, subdivision 9, paragraph
(d), when determining eligibility for medical assistance under section 256B.055,
subdivision 7
. The income of a spouse of a person enrolled in medical assistance under
section 256B.057, subdivision 9, during each of the 24 consecutive months before the
person's 65th birthday must be disregarded when determining eligibility for medical
assistance under section 256B.055, subdivision 7. Persons eligible under this clause are
not subject to the provisions in section 256B.059; and

(7) effective July 1, 2009, certain assets owned by American Indians are excluded as
required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
Law 111-5. For purposes of this clause, an American Indian is any person who meets the
definition of Indian according to Code of Federal Regulations, title 42, section 447.50.

(b) No asset limit shall apply to persons eligible under section 256B.055, subdivision
15.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 256B.056, subdivision 5c,
is amended to read:


Subd. 5c.

Excess income standard.

(a) The excess income standard for parents
and caretaker relatives, pregnant women, infants, and children ages two through 20 is the
standard specified in subdivision 4, paragraph (b).

(b) The excess income standard for a person whose eligibility is based on blindness,
disability, or age of 65 or more years shall equal deleted text begin80deleted text endnew text begin 100new text end percent of the federal poverty
guidelines.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end