g. Treatment of trusts

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.