2003 Minnesota Statutes

     256L.17 Asset requirement for MinnesotaCare. 

    Subdivision 1.    Definitions.  For purposes of this 
 section, the following definitions apply. 

    (a) "Asset" means cash and other personal property, as well 
 as any real property, that a family or individual owns which has 
 monetary value. 

    (b) "Homestead" means the home that is owned by, and is the 
 usual residence of, the family or individual, together with the 
 surrounding property which is not separated from the home by 
 intervening property owned by others.  Public rights-of-way, 
 such as roads that run through the surrounding property and 
 separate it from the home, will not affect the exemption of the 
 property.  "Usual residence" includes the home from which the 
 family or individual is temporarily absent due to illness, 
 employment, or education, or because the home is temporarily not 
 habitable due to casualty or natural disaster. 

    (c) "Net asset" means the asset's fair market value minus 
 any encumbrances including, but not limited to, liens and 
 mortgages. 

    Subd. 2.    Limit on total assets.  (a) Effective July 
 1, 2002, or upon federal approval, whichever is later, in order 
 to be eligible for the MinnesotaCare program, a household of two 
 or more persons must not own more than $20,000 in total net 
 assets, and a household of one person must not own more than 
 $10,000 in total net assets. 

    (b) For purposes of this subdivision, assets are determined 
 according to section 256B.056, subdivision 3c.  

    Subd. 3.    Documentation.  (a) The commissioner of 
 human services shall require individuals and families, at the 
 time of application or renewal, to indicate on a checkoff form 
 developed by the commissioner whether they satisfy the 
 MinnesotaCare asset requirement.  This form must include the 
 following or similar language:  "To be eligible for 
 MinnesotaCare, individuals and families must not own net assets 
 in excess of $30,000 for a household of two or more persons or 
 $15,000 for a household of one person, not including a 
 homestead, household goods and personal effects, assets owned by 
 children, vehicles used for employment, court-ordered 
 settlements up to $10,000, individual retirement accounts, and 
 capital and operating assets of a trade or business up to 
 $200,000.  Do you and your household own net assets in excess of 
 these limits?" 

    (b) The commissioner may require individuals and families 
 to provide any information the commissioner determines necessary 
 to verify compliance with the asset requirement, if the 
 commissioner determines that there is reason to believe that an 
 individual or family has assets that exceed the program limit. 

    Subd. 4.    Penalties.  Individuals or families who are 
 found to have knowingly misreported the amount of their assets 
 as described in this section shall be subject to the penalties 
 in section 256.98.  The commissioner shall present 
 recommendations on additional penalties to the 1998 legislature. 

    Subd. 5.    Exemption.  This section does not apply to 
 pregnant women.  For purposes of this subdivision, a woman is 
 considered pregnant for 60 days postpartum. 

    Subd. 6.    Waiver of maintenance of effort requirement. 
  Unless a federal waiver of the maintenance of effort 
 requirements of section 2105(d) of title XXI of the Balanced 
 Budget Act of 1997, Public Law 105-33, Statutes at Large, volume 
 111, page 251, is granted by the federal Department of Health 
 and Human Services by September 30, 1998, this section does not 
 apply to children.  The commissioner shall publish a notice in 
 the State Register upon receipt of a federal waiver. 

    HIST: 1997 c 225 art 1 s 17; 1998 c 407 art 5 s 40; 1Sp2001 c 
 9 art 2 s 67; 2002 c 379 art 1 s 113; 1Sp2003 c 14 art 12 s 86