1.1Senator Gruenhagen moved to amend
S.F. No. 2216 as follows (...):
1.2Page 5, line 26, delete "
37,150,000" and insert "
36,650,000" and delete "
40,017,000"
1.3and insert "
39,517,000"
1.4Page 6, line 1, delete "
$15,000,000" and insert "
$14,500,000"
1.5Page 6, line 14, delete "
$40,103,000" and insert "
$39,603,000"
1.6Page 6, after line 15, insert:
1.7
1.8
|
"Sec. 4. DEPARTMENT OF HUMAN
SERVICES
|
$
|
500,000
|
$
|
500,000
|
1.9This appropriation is for the replacement of a
1.10reduction in medical assistance estate
1.11recoveries under Minnesota Statutes, section
1.12256B.15."
1.13Page 37, after line 7, insert:
1.14 "Sec. 16. Minnesota Statutes 2024, section 256B.0571, subdivision 9, is amended to read:
1.15 Subd. 9.
Medical assistance eligibility. (a) Upon request for medical assistance program
1.16payment of long-term care services by an individual who meets the requirements described
1.17in subdivision 8, the commissioner shall determine the individual's eligibility for
medical
1.18assistance according to paragraphs (b) to (i).
1.19 (b) After determining assets subject to the asset limit under section 256B.056, subdivision
1.203 or 3c, or 256B.057, subdivision 9 or 10, the commissioner shall allow the individual
to
1.21designate assets to be protected from recovery under subdivisions 13 and 15 up to
two times
1.22the dollar amount of the benefits utilized under the partnership policy as of the
effective
1.23date of eligibility for medical assistance program payment of long-term care services.
1.24Benefits utilized under a long-term care insurance policy before July 1, 2006, do
not count
1.25for the purpose of determining the amount of assets that can be designated. Designated
1.26assets shall be disregarded for purposes of determining eligibility for payment of
long-term
1.27care services. The dollar amount of benefits utilized must be equal to the amount
of claims
1.28paid by the issuer under the policy as verified by the issuer.
1.29 (c) The individual shall identify the designated assets and the full fair market value
of
1.30those assets and designate them as assets to be protected at the time of application
for medical
1.31assistance payment of long-term care services. The full fair market value of real
property
1.32or interests in real property shall be based on the most recent full assessed value
for property
2.1tax purposes for the real property, unless the individual provides a complete professional
2.2appraisal by a licensed appraiser to establish the full fair market value. The extent
of a life
2.3estate in real property shall be determined using the life estate table in the health
care
2.4program's manual. Ownership of any asset in joint tenancy shall be treated as ownership
as
2.5tenants in common for purposes of its designation as a disregarded asset. The unprotected
2.6value of any protected asset is subject to estate recovery according to subdivisions
13 and
2.715.
2.8 (d) The right to designate assets to be protected is personal to the individual and
ends
2.9when the individual dies, except as otherwise provided in subdivisions 13 and 15.
It does
2.10not include the increase in the value of the protected asset and the income, dividends,
or
2.11profits from the asset. It may be exercised by the individual or by anyone with the
legal
2.12authority to do so on the individual's behalf. It shall not be sold, assigned, transferred,
or
2.13given away.
2.14 (e) As the individual continues to utilize benefits under a partnership policy after
2.15eligibility for medical assistance payment of long-term care services begins, the
individual
2.16may designate, for additional protection, an increase in the value of protected assets
and
2.17additional assets that become available during the individual's lifetime up to
two times the
2.18amount of additional benefits utilized. The individual must make the designation in
writing
2.19no later than ten days from the date the designation is requested by the county agency.
The
2.20amount used for this purpose must reduce the unused amount of asset protection available
2.21to protect assets in the individual's estate from recovery under section
256B.15 or
524.3-1202,
2.22or otherwise.
2.23 (f) This section applies only to estate recovery under United States Code, title 42,
section
2.241396p, subsections (a) and (b), and does not apply to recovery authorized by other
provisions
2.25of federal law, including, but not limited to, recovery from trusts under United States
Code,
2.26title 42, section 1396p, subsection (d)(4)(A) and (C), or to recovery from annuities,
or similar
2.27legal instruments, subject to section 6012, subsections (a) and (b), of the Deficit
Reduction
2.28Act of 2005, Public Law 109-171.
2.29 (g) An individual's protected assets owned by the individual's spouse who applies
for
2.30payment of medical assistance long-term care services shall not be protected assets
or
2.31disregarded for purposes of eligibility of the individual's spouse solely because
they were
2.32protected assets of the individual.
2.33 (h) Assets designated under this subdivision shall not be subject to penalty under
section
2.34256B.0595.
3.1 (i) The commissioner shall otherwise determine the individual's eligibility for payment
3.2of long-term care services according to medical assistance eligibility requirements."
3.3Renumber the sections in sequence and correct the internal references
3.4Amend the title accordingly
3.5The motion prevailed. #did not prevail. So the amendment was #not adopted.