Bill Text: MN HF2241 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Medical assistance asset availability requirements modified.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2014-03-31 - Author added Lillie [HF2241 Detail]
Download: Minnesota-2013-HF2241-Engrossed.html
1.2relating to human services; modifying medical assistance asset availability
1.3requirements; amending Minnesota Statutes 2012, section 256B.059, subdivision
1.45.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 256B.059, subdivision 5, is amended to
1.7read:
1.8 Subd. 5. Asset availability. (a) At the time of initial determination of eligibility for
1.9medical assistance benefits following the first continuous period of institutionalization on
1.10or after October 1, 1989, assets considered available to the institutionalized spouse shall
1.11be the total value of all assets in which either spouse has an ownership interest, reduced by
1.12the following amount for the community spouse:
1.13(1) prior to July 1, 1994, the greater of:
1.14(i) $14,148;
1.15(ii) the lesser of the spousal share or $70,740; or
1.16(iii) the amount required by court order to be paid to the community spouse;
1.17(2) for persons whose date of initial determination of eligibility for medical
1.18assistance following their first continuous period of institutionalization occurs on or after
1.19July 1, 1994, the greater of:
1.20(i) $20,000;
1.21(ii) the lesser of the spousal share or $70,740; or
1.22(iii) the amount required by court order to be paid to the community spouse.
1.23The value of assets transferred for the sole benefit of the community spouse under section
1.24256B.0595, subdivision 4
, in combination with other assets available to the community
2.1spouse under this section, cannot exceed the limit for the community spouse asset
2.2allowance determined under subdivision 3 or 4. Assets in any retirement accounts,
2.3including individual accounts, 401(k) plans, 403(b) plans, Keogh plans, and pension plans
2.4that exceed this allowance shall be considered available to theinstitutionalized community
2.5 spousewhether or not if converted and annuitized to income. If the community spouse
2.6asset allowance has been increased under subdivision 4, then the assets considered
2.7available to the institutionalized spouse under this subdivision shall be further reduced by
2.8the value of additional amounts allowed under subdivision 4.
2.9(b) An institutionalized spouse may be found eligible for medical assistance even
2.10though assets in excess of the allowable amount are found to be available under paragraph
2.11(a) if the assets are owned jointly or individually by the community spouse, and the
2.12institutionalized spouse cannot use those assets to pay for the cost of care without the
2.13consent of the community spouse, and if: (i) the institutionalized spouse assigns to the
2.14commissioner the right to support from the community spouse under section256B.14,
2.15subdivision 3 ; (ii) the institutionalized spouse lacks the ability to execute an assignment
2.16due to a physical or mental impairment; or (iii) the denial of eligibility would cause an
2.17imminent threat to the institutionalized spouse's health and well-being.
2.18(c) After the month in which the institutionalized spouse is determined eligible for
2.19medical assistance, during the continuous period of institutionalization, no assets of the
2.20community spouse are considered available to the institutionalized spouse, unless the
2.21institutionalized spouse has been found eligible under paragraph (b).
2.22(d) Assets determined to be available to the institutionalized spouse under this
2.23section must be used for the health care or personal needs of the institutionalized spouse.
2.24(e) For purposes of this section, assets do not include assets excluded under the
2.25supplemental security income program.
2.26EFFECTIVE DATE.This section is effective upon approval of the state plan
2.27amendment or January 1, 2015, whichever is later.
2.28 Sec. 2. INSTRUCTIONS TO THE COMMISSIONER; FEDERAL APPROVAL.
2.29No later than July 1, 2014, the commissioner of human services shall submit a state
2.30plan amendment and seek the approval necessary to implement section 1.
2.31EFFECTIVE DATE.This section is effective the day following final enactment.
1.3requirements; amending Minnesota Statutes 2012, section 256B.059, subdivision
1.45.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 256B.059, subdivision 5, is amended to
1.7read:
1.8 Subd. 5. Asset availability. (a) At the time of initial determination of eligibility for
1.9medical assistance benefits following the first continuous period of institutionalization on
1.10or after October 1, 1989, assets considered available to the institutionalized spouse shall
1.11be the total value of all assets in which either spouse has an ownership interest, reduced by
1.12the following amount for the community spouse:
1.13(1) prior to July 1, 1994, the greater of:
1.14(i) $14,148;
1.15(ii) the lesser of the spousal share or $70,740; or
1.16(iii) the amount required by court order to be paid to the community spouse;
1.17(2) for persons whose date of initial determination of eligibility for medical
1.18assistance following their first continuous period of institutionalization occurs on or after
1.19July 1, 1994, the greater of:
1.20(i) $20,000;
1.21(ii) the lesser of the spousal share or $70,740; or
1.22(iii) the amount required by court order to be paid to the community spouse.
1.23The value of assets transferred for the sole benefit of the community spouse under section
2.1spouse under this section, cannot exceed the limit for the community spouse asset
2.2allowance determined under subdivision 3 or 4. Assets in any retirement accounts,
2.3including individual accounts, 401(k) plans, 403(b) plans, Keogh plans, and pension plans
2.4that exceed this allowance shall be considered available to the
2.5 spouse
2.6asset allowance has been increased under subdivision 4, then the assets considered
2.7available to the institutionalized spouse under this subdivision shall be further reduced by
2.8the value of additional amounts allowed under subdivision 4.
2.9(b) An institutionalized spouse may be found eligible for medical assistance even
2.10though assets in excess of the allowable amount are found to be available under paragraph
2.11(a) if the assets are owned jointly or individually by the community spouse, and the
2.12institutionalized spouse cannot use those assets to pay for the cost of care without the
2.13consent of the community spouse, and if: (i) the institutionalized spouse assigns to the
2.14commissioner the right to support from the community spouse under section
2.15subdivision 3
2.16due to a physical or mental impairment; or (iii) the denial of eligibility would cause an
2.17imminent threat to the institutionalized spouse's health and well-being.
2.18(c) After the month in which the institutionalized spouse is determined eligible for
2.19medical assistance, during the continuous period of institutionalization, no assets of the
2.20community spouse are considered available to the institutionalized spouse, unless the
2.21institutionalized spouse has been found eligible under paragraph (b).
2.22(d) Assets determined to be available to the institutionalized spouse under this
2.23section must be used for the health care or personal needs of the institutionalized spouse.
2.24(e) For purposes of this section, assets do not include assets excluded under the
2.25supplemental security income program.
2.26EFFECTIVE DATE.This section is effective upon approval of the state plan
2.27amendment or January 1, 2015, whichever is later.
2.28 Sec. 2. INSTRUCTIONS TO THE COMMISSIONER; FEDERAL APPROVAL.
2.29No later than July 1, 2014, the commissioner of human services shall submit a state
2.30plan amendment and seek the approval necessary to implement section 1.
2.31EFFECTIVE DATE.This section is effective the day following final enactment.
