2000 Minnesota Statutes

     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.