1.1.................... moves to amend H.F. No. 1482 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 256B.15, subdivision 1a, is amended to
1.5    Subd. 1a. Estates subject to claims. If a person receives any medical assistance
1.6hereunder, on the person's death, if single, or on the death of the survivor of a married
1.7couple, either or both of whom received medical assistance, or as otherwise provided
1.8for in this section, the total amount paid for medical assistance rendered for the person
1.9and spouse shall be filed as a claim against the estate of the person or the estate of the
1.10surviving spouse in the court having jurisdiction to probate the estate or to issue a decree
1.11of descent according to sections 525.31 to 525.313.
1.12A claim shall be filed if medical assistance was rendered for either or both persons
1.13under one of the following circumstances:
1.14(a) the person was over 55 years of age, and received services under this chapter;
1.15(b) the person resided in a medical institution for six months or longer, received
1.16services under this chapter, and, at the time of institutionalization or application for
1.17medical assistance, whichever is later, the person could not have reasonably been expected
1.18to be discharged and returned home, as certified in writing by the person's treating
1.19physician. For purposes of this section only, a "medical institution" means a skilled
1.20nursing facility, intermediate care facility, intermediate care facility for persons with
1.21developmental disabilities, nursing facility, or inpatient hospital; or
1.22(c) the person received general assistance medical care services under chapter 256D.
1.23The claim shall be considered an expense of the last illness of the decedent for the
1.24purpose of section 524.3-805. Any statute of limitations that purports to limit any county
1.25agency or the state agency, or both, to recover for medical assistance granted hereunder
1.26shall not apply to any claim made hereunder for reimbursement for any medical assistance
1.27granted hereunder. Notice of the claim shall be given to all heirs and devisees of the
2.1decedent, and to other persons with an ownership interest in the real property owned by
2.2the decedent at the time of the decedent's death, whose identity can be ascertained with
2.3reasonable diligence. The notice must include procedures and instructions for making an
2.4application for a hardship waiver under subdivision 5; time frames for submitting an
2.5application and determination; and information regarding appeal rights and procedures.
2.6Counties are entitled to one-half of the nonfederal share of medical assistance collections
2.7from estates that are directly attributable to county effort. Counties are entitled to ten
2.8percent of the collections for alternative care directly attributable to county effort.

2.9    Sec. 2. Minnesota Statutes 2008, section 256B.15, subdivision 5, is amended to read:
2.10    Subd. 5. Undue hardship. (a) Any person entitled to notice in subdivision 1a has a
2.11right to apply for waiver of the claim based upon undue hardship. Any claim pursuant to
2.12this section may be fully or partially waived because of undue hardship. Undue hardship
2.13does not include action taken by the decedent which divested or diverted assets in order
2.14to avoid estate recovery. Any waiver of a claim must benefit the person claiming undue
2.15hardship. The commissioner shall have authority to hear claimant appeals, pursuant to
2.16section 256.045, when an application for a hardship waiver is denied in whole or part.
2.17(b) This paragraph applies to a claim against the decedent's real property if an
2.18individual other than the recipient's spouse had an ownership interest in the property at
2.19the time of the decedent's death and actually and continuously occupied the real property
2.20as the individual's dwelling place for at least 180 days before the date the decedent
2.21died. If the real property is classified as homestead property for property tax purposes
2.22under section 273.124, no claim may be made until the individual no longer resides in
2.23the property or until the property is sold or transferred. The amount of the homestead not
2.24subject to adjustment or recovery under this paragraph is limited to the area and value
2.25provided under section 510.02."
2.26Amend the title accordingly