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9515.1200 DEFINITIONS.

Subpart 1.

Scope.

For purposes of parts 9515.1000 to 9515.2600, the following terms have the meanings given them.

Subp. 2.

Business expense.

"Business expense" means the cost of producing income from a business or farm. Capital expenditures and depreciation are not included as part of a business expense.

Subp. 3.

Capital expenditure.

"Capital expenditure" means an investment made to purchase property or to make an improvement to property which has a useful life of more than one year.

Subp. 3a.

Client.

"Client" means a person receiving services at a state facility, whether or not those services require occupancy of a bed overnight. Client includes:

A.

an inpatient;

B.

a resident patient;

C.

an outpatient;

D.

a day patient;

E.

a patient; and

F.

a resident.

Subp. 4.

Cost of care.

"Cost of care" means the cost of providing services to state facility clients, calculated in accordance with Minnesota Statutes, section 246.50, subdivision 5.

Subp. 5.

Department.

"Department" means the Minnesota Department of Human Services.

Subp. 6.

Dependent.

"Dependent" means an individual whom a person is entitled to claim as a dependent on the Minnesota state income tax return. An individual may not be claimed as a full unallocated dependent by more than one person. When two or more persons are entitled to claim the dependent, the dependent shall be allocated equally among the persons unless the persons choose another allocation.

Subp. 6a.

Financial file.

"Financial file" means financial data collected for the purpose of determining ability of the client or the responsible relative to pay the client's cost of care.

Subp. 7.

Gross income or gross earnings.

"Gross income" or "gross earnings" means all income received except dividends and interest.

Subp. 8.

Homestead.

"Homestead" means the house owned and occupied by the client as his or her dwelling place, together with the land upon which it is situated as limited by Minnesota Statutes, section 510.02.

Subp. 9.

[Repealed 10 SR 1589]

Subp. 10.

[Repealed, 16 SR 1797]

Subp. 11.

Lump sum payment.

"Lump sum payment" means income received at one time. It includes windfalls, repayment of debts, payments from sale of property, tax refunds, gifts, and inheritances.

Subp. 12.

Net income.

"Net income" means the amount of income remaining after deductions and exclusions from gross income as provided in parts 9515.1000 to 9515.2600.

Subp. 13.

[Repealed, 16 SR 1797]

Subp. 14.

[Repealed, 16 SR 1797]

Subp. 15.

[Repealed, 16 SR 1797]

Subp. 16.

Person.

"Person" means a client, responsible relative, conservator, legal guardian, representative payee, trustee, county financial or social worker, case manager, or attorney.

Subp. 17.

Personal property.

"Personal property" means all property which is not real property including dividends and interest.

Subp. 18.

Property.

"Property" means everything owned by a person, including money.

Subp. 19.

Real property.

"Real property" means land, including the buildings and improvements on it, and its natural assets, such as minerals and water.

Subp. 19a.

[Repealed, 16 SR 1797]

Subp. 20.

Resource.

"Resource" means any property or benefit that is available to pay for the cost of care of the client.

Subp. 21.

Responsible relative.

"Responsible relative" means the spouse and the parents of minor children in that order of liability for cost of care.

Subp. 21a.

Services.

"Services" means all services in a state facility. The following are services:

A.

observation;

B.

care;

C.

treatment;

D.

diagnostic services;

E.

therapeutic services;

F.

counseling services treatment; and

G.

other related assistance.

Subp. 22.

State facility.

"State facility" means a regional treatment center, state nursing home, or other facility, as defined by Minnesota Statutes, section 246.50, subdivision 3.

Statutory Authority:

MS s 246.01; 246.23; 246.51

History:

8 SR 172; L 1984 c 654 art 5 s 58; 10 SR 1589; 12 SR 2252; 16 SR 1797

Published Electronically:

February 2, 2005

Official Publication of the State of Minnesota
Revisor of Statutes