Section 1 (256B.14, subdivision 3) is a new subdivision obliging spouses of institutionalized persons who receive Medical Assistance (MA) to contribute to the cost of the care for the institutional spouse. Payments are set as a percentage of adjusted gross income (AGI), based on the federal poverty guidelines (FPG) for families of two, as outlined in the table below. Spouses earning less than 250 percent of the FPG, or are caring for a minor or disabled child, are not required to contribute to the cost of care for the institutional spouse.
AGI
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Spousal Contribution
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>= 250% and <545% of FPG
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Sliding scale between 7.5% and 15%, determined by the Commissioner of the Department of Human Services
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>= 545% and < 675% of FPG
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20% of AGI
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>= 675% and < 975% of FPG
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Sliding scale between 20% and 30%, determined by the Commissioner of the Department of Human Services
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> 975% of FPG
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33% of AGI
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The spousal contribution:
- cannot exceed the amount of MA expended for the care of the institutional spouse; and
- is to be explained in writing at the time eligibility for services is determined; and
- is to be reviewed at least once every 12 months, or when there is an income change greater than ten percent per month.
The local agency must mail a written notice to the community spouse 30 days in advance of the effective date of the change in the contribution amount.
DG/rdr
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