Minnesota Administrative Rules

9050.0800 FINANCIAL INFORMATION AND INTERVIEW.

Subpart 1.

General conduct.

An applicant or resident should be present at an interview held to determine the applicant's or resident's ability to pay or to obtain financial information from the applicant or resident. If the applicant or resident is unable to participate in the meeting, the person's legal representative or the secondary source of information in part 9050.0810, subpart 2, must be present. If the legal representative or secondary source of information attends the meeting instead of the applicant or resident, the reason that the resident or applicant was not personally present must be placed in the applicant's or resident's financial information file.

Subp. 1a.

Disclosure of all assets, property, and income.

Prior to admission and whenever the resident's maintenance charge or the spousal allowance is recalculated, the applicant or resident, spouse and dependent, if any, shall disclose all of their assets, property, and income and any change in the known valuation of those items.

Subp. 2.

Rights, duties, and consequences of interview and providing information.

Before conducting an applicant's or resident's interview to determine financial status or ability to pay, the facility financial staff shall provide the following information to the applicant or resident, spouse or dependent as applicable:

A.

inform the person that the person may choose an individual to assist in the determination process and any other contact with the commissioner of veterans affairs or the commissioner's designated representative by authorizing that assistance in writing;

B.

inform the person that the requested information will be used to determine ability to pay and to calculate the resident's maintenance charge or the spousal allowance;

C.

inform the person that financial information obtained from or about the applicant or resident, spouse or dependent may not be released without the person's written consent, except pursuant to Minnesota Statutes, chapter 13, to specific state and federal agencies including the Minnesota Department of Veterans Affairs, Legislative Auditor, and United States Department of Veterans Affairs;

D.

inform the person of the person's legal obligation to provide sufficient information, required documents, and proof necessary to determine ability to pay and the consequences of failure to do so;

E.

inform the person that failure to supply the requested information must result in a determination that the person is able to pay the full cost of care and that if a person supplies false information the resident may be subject to discharge or the spousal allowance may be subject to a decrease or elimination;

F.

provide the person with an information pamphlet on the cost of care and review with the applicant or resident how the commissioner of veterans affairs determines the cost of care and how the amount an applicant or resident must pay toward that cost is determined;

G.

inform the person of county, state, and federal financial programs that may assist in paying the cost of care and meeting personal and family needs;

H.

provide the person with forms approved by the commissioner of veterans affairs used to verify or investigate financial resources including:

(1)

statement of income and net worth;

(2)

statement of expenses;

(3)

authorization to release information;

(4)

maintenance rate affidavits; and

(5)

other disclosure and verification forms the commissioner of veterans affairs reasonably requests to fully evaluate the applicant's or resident's financial status or the financial status of the applicant's or resident's legal representative or spouse, if any; and

I.

request that the person complete and sign the authorization forms provided and provide verification or documentation of financial information.

Statutory Authority:

MS s 198.003

History:

14 SR 2355; 20 SR 2095; 28 SR 1251; L 2008 c 297 art 2 s 29

Published Electronically:

October 15, 2008