Elder Law

Medical Assistance for Long-Term Care Services Transfer Penalty The transfer penalty for uncompensated transfers is a period of ineligibility for Medical Assistance for Long-Term Care Services (MA-LTC). The transfer penalty only applies to people who meet all of the other criteria to receive MA-LTC. See MA-LTC Eligibility Requirements for more information regarding MA-LTC eligibility. Therefore, the transfer…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Non-Homestead Real Property  Non-homestead real property is land and buildings or immovable objects attached…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Identifying the Type of Trust The type of trust involved is a critical factor…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Client-Funded Trusts Client-funded trusts are trusts funded with the income and assets of the…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Third Party Established and Funded Trusts A trust can be established and funded by…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Supplemental Needs Trusts A supplemental needs trust is a trust established and funded by…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Life Insurance Policies A life insurance policy is a contract that may be turned…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Burial Contracts Burial contracts are contractual agreements between a consumer and a funeral provider,…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Excluded Assets An excluded asset is not counted when calculating a person’s total countable…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Tribal Payments and Interests Many federal statutes provide an asset exclusion for certain interests…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Burial Fund Exclusion Two separate and distinct exclusions apply to assets set aside for…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Burial Space Exclusion Two separate and distinct exclusions apply to assets set aside for…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Automobiles and Other Vehicles Used for Transportation An “automobile” means any registered or unregistered…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Annuities An annuity is a purchase contract where the purchasing party generally pays a…

This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Trusts A trust is any arrangement in which a grantor transfers property to a…

This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Mandatory Verifications Mandatory verifications must be verified through an available electronic data source or by paper proof, if electronic data sources are unsuccessful or unavailable….

This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Hospital Presumptive Eligibility The Hospital Presumptive Eligibility (HPE) program allows participating hospitals to determine temporary eligibility for Medical Assistance (MA) for people who meet the…

This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Household Composition and Family Size Overview Household composition means the people included in an applicant’s or enrollee’s household. Household composition determines the family size. Household…

This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Sponsor Deeming Certain noncitizens have a sponsor. For purposes of Medical Assistance for Families with Children and Adults (MA-FCA) eligibility, a sponsor is a U.S….

This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Client Rights and Responsibilities All Minnesota Health Care Programs (MHCP) applicants and enrollees have rights and responsibilities under various laws. Application forms, notices, and brochures include information on…

This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Change in Circumstances Minnesota Health Care Programs (MHCP) enrollees must report changes that may affect their eligibility. County, tribal and state servicing agencies must act on reported changes….

This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. The sections in this subchapter provide policy about applications for Minnesota Health Care Programs (MHCP). Topics covered in this chapter are: Application Forms Application Submission Date of…

This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Application Forms Many people may apply for Minnesota’s Insurance Affordability Programs (IAP) using the MNsure online or a paper application. However, there are different application forms designed to…

This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Application Submission Who Can File an Application An application filer may file an application for Minnesota Health Care Programs (MHCP). An application filer includes the following people:…

This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Date of Application Paper Application The date of application for health care coverage is the date a county, tribal or state servicing agency receives a request for coverage…

This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Applications for Incarcerated People Preparing for Release A person who is incarcerated and applying for Minnesota Health Care Programs (MHCP) in advance of their release from a state…

This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Signature Application Signature The application filer or their authorized representative must sign the application. People under 18 who do not live with a parent, relative caretaker, foster parent,…

This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Retroactive Eligibility People may request retroactive eligibility for Medical Assistance (MA), Minnesota Family Planning Program (MFPP),  and the Service Limited Medicare Beneficiary (SLMB), Qualified Individual (QI) and Qualified…

This article is a section taken from MA for Employed Persons with Disabilities (MA-EPD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Mandatory Verifications Mandatory verifications must be verified through an available electronic data source or by paper proof, if electronic data sources are unsuccessful or unavailable. Self-attestation…

This article is a section taken from MA for Employed Persons with Disabilities (MA-EPD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Premiums and Cost Sharing People enrolled in Medical Assistance for Employed Persons with Disabilities (MA-EPD) must pay monthly premiums. A premium is based upon: A person’s…