1.1.................... moves to amend H.F. No. 1233, the delete everything amendment
1.2(A13-0408), as follows:
1.3Page 155, after line 31, insert:
1.4 "Sec. 5. Minnesota Statutes 2012, section 256B.056, subdivision 3, is amended to read:
1.5 Subd. 3.
Asset limitations for individuals and families. (a) To be eligible for
1.6medical assistance, a person must not individually own more than $3,000 in assets, or if a
1.7member of a household with two family members, husband and wife, or parent and child,
1.8the household must not own more than $6,000 in assets, plus $200 for each additional
1.9legal dependent. In addition to these maximum amounts, an eligible individual or family
1.10may accrue interest on these amounts, but they must be reduced to the maximum at the
1.11time of an eligibility redetermination. The accumulation of the clothing and personal
1.12needs allowance according to section
256B.35 must also be reduced to the maximum at
1.13the time of the eligibility redetermination. The value of assets that are not considered in
1.14determining eligibility for medical assistance is the value of those assets excluded under
1.15the supplemental security income program for aged, blind, and disabled persons, with
1.16the following exceptions:
1.17(1) household goods and personal effects are not considered;
1.18(2) capital and operating assets of a trade or business that the local agency determines
1.19are necessary to the person's ability to earn an income are not considered
, except that
1.20capital and operating assets used for personal expenses including, but not limited to,
1.21mortgage payments, utility payments, motor vehicle payments, and grocery payments paid
1.22out of a business account shall be considered earned income to the household;
1.23(3) motor vehicles are excluded to the same extent excluded by the supplemental
1.24security income program;
1.25(4) assets designated as burial expenses are excluded to the same extent excluded by
1.26the supplemental security income program. Burial expenses funded by annuity contracts
2.1or life insurance policies must irrevocably designate the individual's estate as contingent
2.2beneficiary to the extent proceeds are not used for payment of selected burial expenses;
2.3(5) for a person who no longer qualifies as an employed person with a disability due
2.4to loss of earnings, assets allowed while eligible for medical assistance under section
2.5256B.057, subdivision 9
, are not considered for 12 months, beginning with the first month
2.6of ineligibility as an employed person with a disability, to the extent that the person's total
2.7assets remain within the allowed limits of section
256B.057, subdivision 9, paragraph (d);
2.8 (6) when a person enrolled in medical assistance under section
256B.057, subdivision
2.99
, is age 65 or older and has been enrolled during each of the 24 consecutive months
2.10before the person's 65th birthday, the assets owned by the person and the person's spouse
2.11must be disregarded, up to the limits of section
256B.057, subdivision 9, paragraph (d),
2.12when determining eligibility for medical assistance under section
256B.055, subdivision
2.137
. The income of a spouse of a person enrolled in medical assistance under section
2.14256B.057, subdivision 9
, during each of the 24 consecutive months before the person's
2.1565th birthday must be disregarded when determining eligibility for medical assistance
2.16under section
256B.055, subdivision 7. Persons eligible under this clause are not subject to
2.17the provisions in section
256B.059. A person whose 65th birthday occurs in 2012 or 2013
2.18is required to have qualified for medical assistance under section
256B.057, subdivision 9,
2.19prior to age 65 for at least 20 months in the 24 months prior to reaching age 65; and
2.20(7) effective July 1, 2009, certain assets owned by American Indians are excluded as
2.21required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
2.22Law 111-5. For purposes of this clause, an American Indian is any person who meets the
2.23definition of Indian according to Code of Federal Regulations, title 42, section
447.50.
2.24The assets specified in clauses (1) to (4) must be disclosed to the local agency at the
2.25time of application and at the time of an eligibility redetermination, and must be verified
2.26upon request of the local agency.
2.27(b) No asset limit shall apply to persons eligible under section
256B.055, subdivision
2.2815.
2.29 Sec. 6. Minnesota Statutes 2012, section 256B.056, subdivision 3c, as amended by
2.30Laws 2013, chapter 1, section 4, is amended to read:
2.31 Subd. 3c.
Asset limitations for families and children. (a) A household of two or
2.32more persons must not own more than $20,000 in total net assets, and a household of one
2.33person must not own more than $10,000 in total net assets. In addition to these maximum
2.34amounts, an eligible individual or family may accrue interest on these amounts, but they
2.35must be reduced to the maximum at the time of an eligibility redetermination. The value of
3.1assets that are not considered in determining eligibility for medical assistance for families
3.2and children is the value of those assets excluded under the AFDC state plan as of July 16,
3.31996, as required by the Personal Responsibility and Work Opportunity Reconciliation
3.4Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:
3.5(1) household goods and personal effects are not considered;
3.6(2) capital and operating assets of a trade or business up to $200,000 are not
3.7considered, except that
a bank account that contains personal income or assets, or is
3.8used to pay personal expenses, is not considered a capital or operating asset of a trade or
3.9business capital and operating assets used for personal expenses including, but not limited
3.10to, mortgage payments, utility payments, motor vehicle payments, and grocery payments
3.11paid out of a business account shall be considered earned income to the household;
3.12(3) one motor vehicle is excluded for each person of legal driving age who is
3.13employed or seeking employment;
3.14(4) assets designated as burial expenses are excluded to the same extent they are
3.15excluded by the Supplemental Security Income program;
3.16(5) court-ordered settlements up to $10,000 are not considered;
3.17(6) individual retirement accounts and funds are not considered;
3.18(7) assets owned by children are not considered; and
3.19(8) effective July 1, 2009, certain assets owned by American Indians are excluded as
3.20required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
3.21Law 111-5. For purposes of this clause, an American Indian is any person who meets the
3.22definition of Indian according to Code of Federal Regulations, title 42, section
447.50.
3.23The assets specified in
clause (2) clauses (1) to (7) must be disclosed to the local agency
3.24at the time of application and at the time of an eligibility redetermination, and must be
3.25verified upon request of the local agency.
3.26(b) Beginning January 1, 2014, this subdivision applies only to parents and caretaker
3.27relatives who qualify for medical assistance under subdivision 5."
3.28Renumber the sections in sequence and correct the internal references
3.29Amend the title accordingly