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State Representative Patti Fritz

437 State Office BuildingState Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-8237

For more information contact: Sandy Connolly 651-296-8877

Posted: 2005-08-23 00:00:00
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NEWS COLUMN

IMPROVEMENT MADE TO LIEN LAW More work needed to protect the family farm


Two years ago, the State Legislature passed a law that allows the state to place a lien on the life estates of Minnesota seniors who are forced to seek public medical aid. This change was justified by the Administration as a necessary tool to balance the budget and reduce state health care spending. The real life consequence is that it threatens the ability of thousands of Minnesota seniors to pass their homes or farms down to their children, putting an end to the tradition of the family farm.
This law simply isn't fair. It punishes people who worked hard and paid taxes all their lives, but had the misfortune to get seriously ill. The worst part was the retroactive nature of the law, which changed the rules of passing on a farm or home in the middle of the game.
This year, Democrats were able to remove this retroactive portion of the 2003 Lien Law in the final Health and Human Services Bill. Now families who put their farms or homes in life estates or joint tenancies before August 1, 2003 no longer have to worry about the state coming after their farms. The provision also provides for repayment of amounts that have already been collected as a result of the retroactive application of the lien law.
Unfortunately, we were unable to repeal the law completely and despite the reform, the state still has the authority to place a lien on any property held under life estates and joint tenancies entered into after August 1, 2003.
This law does not reflect real Minnesota values. The vast majority of families who have been affected by the lien law have played by the rules their entire lives. They've worked hard, paid taxes and contributed to their communities. They simply had the misfortune of getting sick and growing old at a time when they were economically vulnerable. Asking them to shoulder an inordinate share of the burden for balancing the budget isn't fair or right.
Next session, I will join many of my colleagues in fighting to repeal this law. I am hopeful that if we can work together to protect our oldest citizens, we can succeed in getting rid of this bad public policy once and for all.

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