This article is a section taken from Medicare Savings Programs (MSP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MSP Referral Other Benefits Medicare Savings Programs (MSP) enrollees who appear to have eligibility for other programs are required to apply for those programs to continue MSP eligibility only if…
This article is a section taken from Medicare Savings Programs (MSP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MSP 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 alone is not…
This article is a section taken from Medicare Savings Programs (MSP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MSP Medicare Overview Medicare is a federal health insurance program for most people age 65 or older, people who are certified disabled, and people with End-Stage Renal Disease (permanent kidney…
Types of Other Health Care Coverage Other health coverage may be a barrier to MinnesotaCare eligibility. Access to some types of health coverage is always a barrier, even if the person is not enrolled. Some types of health care coverage are a barrier to MinnesotaCare only if the person is enrolled in the coverage. Some…
Types of Income Academic Achievement Incentive Scholarships A student financial aid program created by Title IV of the Higher Education Act of 1965. Academic Competitiveness Grants A student financial aid program created by Title IV of the Higher Education Act of 1965. Accelerated life insurance payments Some life insurance policies, in certain circumstances, allow the…
Types of Assets 401(k) Plan A retirement savings plan in which people contribute a portion of their earnings to a 401(k) account. Sometimes the person’s employer may match these contributions. 403(b) Plan A tax-deferred retirement plan available to employees of educational institutions and certain nonprofit organizations. This plan is also referred to as a tax-sheltered…
This article is a section taken from Medical Assistance (MA) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MA-HIP Health Care Delivery Incarcerated people who are hospitalized and enrolled in Medical Assistance (MA) must follow guidelines for receiving medically necessary services. These MA enrollees are excluded from managed care…
Lawfully Present Noncitizens A lawfully present noncitizen is a noncitizen who has been granted the right to enter or stay in the United States and has not violated the terms of their agreement. For eligibility information for Minnesota Health Care Programs, see the MA Immigration Status and MinnesotaCare Lawful Presence sections. Immigration statuses that are lawfully present include, but…
This article is a section taken from Medical Assistance (MA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. This information was published in 2017 and has not been updated since. Life Estates Mortality Table This table must be used to determine the expected duration of a life estate…
Standards and Guidelines This appendix provides figures used to determine eligibility for a person, or in a specific calculation completed to determine eligibility. Community Spouse Allowances The Community Spouse Allowances are used when determining the long-term care (LTC) income calculation’s community spouse allocation. Basic Shelter Allowance The Basic Shelter Allowance is used to determine if…
Institutions for Mental Diseases An Institution for Mental Diseases (IMD) is a hospital, nursing facility, or other institution or residential program that has 17 or more beds and provides diagnosis, treatment, or care of people with mental diseases. Types of IMD facilities include: Some Out-of-State severe emotional disturbance (SED) residential treatment facilities for children (17…
For Persons Seeking Long-term Care Services This information brief outlines the general income and asset limits in the Medical Assistance (MA) program, explains the spousal impoverishment provisions for people receiving long-term care services who have spouses that live in the community, and summarizes the prohibitions in current law against an MA applicant or recipient transferring…
Minnesota Patients’ Bill of Rights Legislative Intent It is the intent of the Legislature and the purpose of this statement to promote the interests and well-being of the patients of healthcare facilities. No health care facility may require a patient to waive these rights as a condition of admission to the facility. Any guardian or…
This article is a section taken from Medical Assistance (MA) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Emergency Medical Assistance Emergency Medical Assistance (EMA) covers emergency services for lawfully present noncitizens who are not eligible for regular Medical Assistance (MA) coverage with a federal match, and undocumented persons….
Personal Care Assistance This information brief describes the Medical Assistance Personal Care Assistance (PCA) program. This information brief provides general background on the program and describes eligibility for services, assessments, services, providers, reimbursement, and funding. PCA services were originally intended to prevent unnecessary and more costly nursing home admissions of nonelderly adults with physical disabilities…
Overview of Programs for People with Disabilities Minnesota provides a variety of services for people with disabilities. This information brief provides information about those programs and services. It contains a general Medical Assistance (MA) overview, including some expenditure and cost comparisons; an overview of MA disability programs and services, including home and community-based waiver services, intermediate care facility for persons…
Table of Contents Overview of “Housing with Services” HWS Fees Legal Issues Class A or Class F in HWS Service Agreement and Service Plan Assisted Living Home Care Bill of Right #16 for Assisted Living Consumers Termination of Assisted Living Services Termination of HWS Contract End of Home Care for Those Not on Assisted Living…
Medical Assistance: An Overview Medical Assistance (MA), the state’s Medicaid program, is a federal-state program that pays for health care services for low-income individuals. The program is administered by counties, under the supervision of the state Department of Human Services (DHS). Federal Medicaid law allows states considerable flexibility in designing their Medicaid programs. Eligibility To be eligible…
Elderly people in Minnesota can receive services from Medical Assistance and other state programs. This information brief summarizes Medical Assistance eligibility for persons who are elderly (age 65 and over) and describes home care, elderly waiver, nursing facility, and other Medical Assistance services commonly used by persons who are elderly. The information brief also describes…
2023 Update: Minnesota Fully Recognizes Medicaid Protection Trusts Thanks to the Minnesota Court of Appeals’ ruling in Geyen v. Commissioner, Minnesota Dept. of Human Services, 964 N.W.2d 639 (Minn. App. July 12, 2021), the State of Minnesota now recognizes the effectiveness of a Medicaid Protection Trust. That is, Minnesota held that Minnesota Statutes section 501C.1206…
Paying for nursing home costs can quickly erode a lifetime of savings. Long-term care costs can wipe out everything you have accumulated during your life, leaving you nothing to pass along to your children or loved ones. Most people don’t need to lose everything. Legal steps can potentially save some or all your assets. Legal…
Medical Assistance: Penalty Period for Gifts During the 5-Year Lookback Period When a person applies for Medical Assistance (Medicaid) in Minnesota, the state looks to any uncompensated transfers (e.g. gifts to family members) during the past 5 years. This is called the “5-year lookback period.” Depending on the amount of the uncompensated transfer, the state…
Minnesota Estate Planning Case: In re Estate of Klie, 2017 WL 541469 (OH Ct. App. 2017) Case Summary: Billing statements are not hearsay under the business records exception In re Estate of Klie, 2017 WL 541469 (OH Ct. App. 2017). The parties were fighting over attorney fees. One of the issues was whether the billing…
Minnesota Estate Planning Case : Estate of Braasch, 140 A.D.3d 1341 (NY Sup. Ct App. 2016) Case Summary: Surcharge denied for making lump sum distribution Estate of Braasch, 140 A.D.3d 1341 (NY Sup. Ct App. 2016). The trustee-executor was surcharged on other matters. But the surcharge for income taxes resulting from a lump sum distribution…
Minnesota Estate Planning Case: Hilgendorf v. Estate of Coleman, 201 So.3d 1262 (FL Ct.App. 2016) Case Summary: PR could not compel trustee of revocable trust Hilgendorf v. Estate of Coleman, 201 So.3d 1262 (FL Ct.App. 2016). Mother created a trust in 2000. After she resigned, daughter became trustee. The trust did not require accountings while…
Minnesota Estate Planning Case : Brock v. Premier Trust, Inc., 133 Nev. 8 (NV 2017) Case Summary: Settlor and trust beneficiary can amend an irrevocable trust without consent of all beneficiaries Brock v. Premier Trust, Inc., 133 Nev. 8 (NV 2017). Trust was created to benefit children of both spouses (2nd marriage). After once spouse…
Minnesota Estate Planning Case: In the Matter of the Taylor Trust, 381 P.3d 428 (CO Ct.App. 2016) Case Summary: Beneficiaries could sue for the mother after death for breach of duty In the Matter of the Taylor Trust, 381 P.3d 428 (CO Ct.App. 2016). A second marriage case. Husband and wife created a joint trust…
Minnesota Estate Planning Case: Harris v. Harris, 890 N.W.2d 561 (ND 2017) Case Summary: Good summary of when settlement agreement remains enforceable. Harris v. Harris, 890 N.W.2d 561 (ND 2017). In a case where a beneficiary wanted to get out from a settlement agreement, this cases reviews the nature of a settlement agreement as a…
Minnesota Estate Planning Case : Stehlik v. Rakosnik, 24 Neb.App. 34 (2016). Case Summary: Nephews gifts by POA to himself and relatives with POA was self-dealing and constructive fraud. Stehlik v. Rakosnik, 24 Neb.App. 34 (2016). Shortly after gaining POA the nephew transferred the farm and various cash assets to the POA and the POA’s…
Minnesota Estate Planning Case : In re Guardianship of R.G., 2016 WL 3021917 (ND 2016) Case Summary: Court properly appointed guardian and conservator, facts support decision in the record and abuse of discretion standard applies regarding appointment; appeal allowable without certificate In re Guardianship of R.G., 2016 WL 3021917 (ND 2016). When law enforcement raided…