256B.15 Claims against estates.
Subdivision 1. Definition. For purposes of this section, "medical assistance" includes the medical assistance program under this chapter and the general assistance medical care program under chapter 256D, but does not include the alternative care program for nonmedical assistance recipients under section 256B.0913, subdivision 4.
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, 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, excluding alternative care;
(b) the person resided in a medical institution for six months or longer, received services under this chapter excluding alternative care, 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 mental retardation, 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 decedent 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.
Subd. 1b. Claims on the estate of a predeceased spouse. Upon the death of a spouse who did not receive medical assistance and who predeceases a spouse who did or does receive medical assistance, a claim for the total amount paid for medical assistance rendered for the surviving spouse through the date the deceased spouse died shall be filed against the deceased spouse's estate in the court having jurisdiction to probate the estate. The claim shall be filed if medical assistance was rendered for the surviving spouse under any one of the circumstances in subdivision 1a, clause (a), (b), or (c). Claims under this subdivision shall have the same priority for purposes of section 524.3-805, and the same exceptions with respect to statutes of limitations as claims under subdivision 1a.
Subd. 2. Limitations on claims. The claim shall include only the total amount of medical assistance rendered after age 55 or during a period of institutionalization described in subdivision 1a, clause (b), and the total amount of general assistance medical care rendered, and shall not include interest. Claims that have been allowed but not paid shall bear interest according to section 524.3-806, paragraph (d). A claim against the estate of a surviving spouse who did not receive medical assistance, for medical assistance rendered for the predeceased spouse, is limited to the value of the assets of the estate that were marital property or jointly owned property at any time during the marriage.
Subd. 2a. Limitations on claims on the estate of a predeceased spouse. A claim under subdivision 1b shall include only the total amount of medical assistance rendered after age 55 or during a period of institutionalization described in subdivision 1a, clause (b), and the total amount of general assistance medical care rendered, and shall not include interest. Claims that have been allowed but not paid shall bear interest according to section 524.3-806, paragraph (d). A claim against the estate of a spouse who did not receive medical assistance who predeceases the spouse who did receive medical assistance, for medical assistance rendered for the spouse, is limited to the value of the assets of the estate that were marital property or jointly owned property at any time during the marriage.
Subd. 3. Minor, blind, or disabled children. If a decedent who was single, or who was the surviving spouse of a married couple, is survived by a child who is under age 21 or blind or permanently and totally disabled according to the supplemental security income program criteria, no claim shall be filed against the estate.
Subd. 4. Other survivors. If the decedent who was single or the surviving spouse of a married couple is survived by one of the following persons, a claim exists against the estate in an amount not to exceed the value of the nonhomestead property included in the estate:
(a) a sibling who resided in the decedent medical assistance recipient's home at least one year before the decedent's institutionalization and continuously since the date of institutionalization; or
(b) a son or daughter or a grandchild who resided in the decedent medical assistance recipient's home for at least two years immediately before the parent's or grandparent's institutionalization and continuously since the date of institutionalization, and who establishes by a preponderance of the evidence having provided care to the parent or grandparent who received medical assistance, that the care was provided before institutionalization, and that the care permitted the parent or grandparent to reside at home rather than in an institution.
Subd. 5. Undue hardship. 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.
HIST: Ex1967 c 16 s 15; 1981 c 360 art 1 s 22; 1Sp1981 c 4 art 1 s 126; 1986 c 444; 1987 c 403 art 2 s 82; 1988 c 719 art 8 s 15; 1990 c 568 art 3 s 63; 1992 c 513 art 7 s 80,81; 1Sp1993 c 1 art 5 s 82,83; 1995 c 207 art 6 s 79-81; 1996 c 451 art 2 s 29,30; art 5 s 26; 2000 c 400 s 2,3
* NOTE: The amendments to subdivisions 1a and 2 by Laws *1995, chapter 207, article 6, sections 79 and 80, relating only *to the age of a medical assistance recipient for purposes of *estate claims, are effective for persons who are between the *ages of 55 and 64 on or after July 1, 1995, for the total amount *of assistance on or after July 1, 1995. See Laws 1995, chapter *207, article 6, section 125, subdivision 1.
* NOTE: (a) Subdivisions 1b and 2a were added by Laws 1996, *chapter 451, article 2, sections 29 and 30, respectively, and *subdivision 5 was repealed by Laws 1996, chapter 451, article 2, *section 61, effective the day following final enactment to the *extent permitted by federal law. If any provisions of these *sections are prohibited by federal law, the provisions shall *become effective when federal law is changed to permit their *application or a waiver is received. The commissioner of human *services shall notify the revisor of statutes when federal law *is enacted or a waiver is received and publish a notice in the *State Register. The commissioner must include the notice in the *first State Register published after the effective date of the *federal changes.
* (b) If, by July 1, 1996, any provisions of the sections *mentioned in paragraph (a) are not effective because of *prohibitions in federal law, the commissioner shall apply to the *federal government for a waiver of those prohibitions, and those *provisions shall become effective upon receipt of a federal *waiver, notification to the revisor of statutes, and publication *of a notice in the State Register to that effect. If the *commissioner applies for a waiver of the lookback period, the *commissioner shall seek the longest lookback period the health *care financing administration will approve, not to exceed 72 *months. Laws 1996, chapter 451, article 2, section 62.