256B.14 RELATIVE'S RESPONSIBILITY.
Subdivision 1. In general.
Subject to the provisions of sections
, responsible relative means the parent of a minor recipient of medical assistance or
the spouse of a medical assistance recipient.
Subd. 2. Actions to obtain payment.
The state agency shall promulgate rules to determine
the ability of responsible relatives to contribute partial or complete payment or repayment of
medical assistance furnished to recipients for whom they are responsible. All medical assistance
exclusions shall be allowed, and a resource limit of $10,000 for nonexcluded resources shall
be implemented. Above these limits, a contribution of one-third of the excess resources shall
be required. These rules shall not require payment or repayment when payment would cause
undue hardship to the responsible relative or that relative's immediate family. These rules shall
be consistent with the requirements of section
for parents of children whose eligibility
for medical assistance was determined without deeming of the parents' resources and income.
The county agency shall give the responsible relative notice of the amount of the payment or
repayment. If the state agency or county agency finds that notice of the payment obligation was
given to the responsible relative, but that the relative failed or refused to pay, a cause of action
exists against the responsible relative for that portion of medical assistance granted after notice
was given to the responsible relative, which the relative was determined to be able to pay.
The action may be brought by the state agency or the county agency in the county where
assistance was granted, for the assistance, together with the costs of disbursements incurred
due to the action.
In addition to granting the county or state agency a money judgment, the court may, upon a
motion or order to show cause, order continuing contributions by a responsible relative found able
to repay the county or state agency. The order shall be effective only for the period of time during
which the recipient receives medical assistance from the county or state agency.
Subd. 3. Community spouse contribution.
The community spouse of an institutionalized
person who receives medical assistance under section
256B.059, subdivision 5
, paragraph (b), has
an obligation to pay for the cost of care equal to the dollar value of assets considered available
256B.059, subdivision 5
Subd. 4. Appeals.
A responsible relative may appeal the determination of an obligation to
make a contribution under this section according to section
History: Ex1967 c 16 s 14; 1973 c 725 s 46; 1977 c 448 s 7; 1982 c 640 s 6; 1983 c 312
art 5 s 19; 1984 c 530 s 4; 1986 c 444; 1988 c 689 art 2 s 150,268,270; 1989 c 282 art 3 s 63;
1990 c 568 art 3 s 62; 1992 c 513 art 7 s 79