Treatment of trusts 2022 Regular Session HF4065 Chapter 98, Article 2, Section 5 Health & Human Services omnibus policy bill Effective: Day following enactment Short description Amended the eligibility requirements for Medical Assistance with policy about use of trusts to shield funds. Summary Modifying the Medical Assistance statutes with a policy statement that says that individuals use all available resources to pay for the cost of long-term care services before turning to Minnesota healthcare program funds, and that trust instruments should not be permitted to shield available resources of an individual or an individual’s spouse from such use. Implications Because it is policy language and applicable to financial planning for Medicaid eligibility, DHS may need to prepare guidance on implications and implementation. Bill language Chapter 98, Article 2, Section 5: https://www.revisor.mn.gov/laws/2022/0/Session+Law/Chapter/98/ Sec. 5. Minnesota Statutes 2020, section 256B.056, subdivision 3b, is amended to read: Subd. 3b. Treatment of trusts. (a) It is the public policy of this state that individuals use all available resources to pay for the cost of long-term care services, as defined in section 256B.0595, before turning to Minnesota health care program funds, and that trust instruments should not be permitted to shield available resources of an individual or an individual's spouse from such use.
CARE PROVIDERS OF MINNESOTA
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2022 LEGISLATIVE UPDATE BOOK
