SF 2501 retroactively limits medical assistance estate recoveries for those individuals who receive medical assistance while not institutionalized.

Section 1 (256B.15, subdivision 1, paragraph e – Circumstances under which a claim must be filed) retroactively modifies the circumstances under which the Commissioner of Human Services is permitted to file a claim against the estate of an individual who received medical assistance while not residing in an institution.  

For services rendered prior to January 1, 2014, a claim against an estate must be filed if a person received any medical assistance and the person was 55 years old or older at the time the service was rendered.

For services rendered after January 1, 2014, a claim against an estate must be filed, but only if the person was 55 years old or older at the time the service was rendered and the services provided were nursing home services, home and community-based services, or related hospital and prescription drug benefits.

Section 2 (256B.15, subdivision 2 – Limitations on claims) specifies what costs may be included in a claim against an estate.

For services rendered prior to January 1, 2014, a claim must include only (1) the total cost of medical assistance rendered after age 55, and (2) the total cost of medical assistance rendered at any age during a period of institutionalization.

For services rendered after January 1, 2014, a claim must include only (1) the total cost of nursing home services, home and community-based services, or related hospital and prescription drug benefits rendered after age 55, and (2) the total cost of medical assistance rendered at any age during a period of institutionalization.

Section 3 (Amending Notices or Liens arising out of Notice) requires the Department of Human Services to file amendments to any filed notice of potential claim or lien to exclude the costs of any medical assistance services that are no longer subject to collection.