MN HF4445

Amends Minnesota Statutes 2022, section 256B.059, subdivision 5, to modify asset availability rules for institutionalized spouses applying for medical assistance long-term care benefits.

Excludes life estates owned by a community spouse at the time an institutionalized spouse applies for medical assistance benefits from being counted as available assets.

Allows an institutionalized spouse to be found eligible for medical assistance despite excess assets if the assets are owned jointly or individually by the community spouse and cannot be used without the community spouse's consent, subject to specific conditions including assignment of support rights or imminent threat to health.

Specifies that after the month in which an institutionalized spouse is determined eligible, no community spouse assets are considered available to the institutionalized spouse unless eligibility was granted under the exception conditions in paragraph (b).

Makes the amendment effective retroactively from June 24, 2020, and applies to all medical assistance applications submitted before, on, or after that date.