1.1.................... moves to amend H.F. No. 818 as follows:
1.2Page 2, delete section 4 and insert:

1.3    "Sec. 4. Minnesota Statutes 2008, section 256B.0595, subdivision 4, is amended to
1.4read:
1.5    Subd. 4. Other exceptions to transfer prohibition. (a) An institutionalized person
1.6who has made, or whose spouse has made a transfer prohibited by subdivision 1, is not
1.7ineligible for long-term care services if one of the following conditions applies:
1.8    (1) the assets were transferred to the individual's spouse or to another for the sole
1.9benefit of the spouse; or
1.10    (2) the institutionalized spouse, prior to being institutionalized, transferred assets
1.11to a spouse, provided that the spouse to whom the assets were transferred does not then
1.12transfer those assets to another person for less than fair market value. (At the time when
1.13one spouse is institutionalized, assets must be allocated between the spouses as provided
1.14under section 256B.059); or
1.15    (3) the assets were transferred to the individual's child who is blind or permanently
1.16and totally disabled as determined in the supplemental security income program; or
1.17    (4) a satisfactory showing is made that the individual intended to dispose of the
1.18assets either at fair market value or for other valuable consideration; or
1.19    (5) the local agency determines that denial of eligibility for long-term care services
1.20would work an undue hardship and grants a waiver of a penalty period of ineligibility
1.21resulting from a transfer for less than fair market value based on an imminent threat to
1.22the individual's health and well-being. Imminent threat to the individual's health and
1.23well-being means that imposing a period of ineligibility would endanger the individual's
1.24health or life or cause serious deprivation of food, clothing, or shelter. Whenever an
1.25applicant or recipient is denied eligibility because of a transfer for less than fair market
1.26value, the local agency shall notify the applicant or recipient that the applicant or recipient
1.27may request a waiver of the penalty period of ineligibility if the denial of eligibility
2.1will cause undue hardship. With the written consent of the individual or the personal
2.2representative of the individual, a long-term care facility in which an individual is
2.3residing may file an undue hardship waiver request, on behalf of the individual who is
2.4denied eligibility for long-term care services on or after July 1, 2006, due to a period
2.5of ineligibility resulting from a transfer on or after February 8, 2006. In evaluating a
2.6waiver, the local agency shall take into account whether the individual was the victim of
2.7financial exploitation, whether the individual has made reasonable efforts to recover the
2.8transferred property or resource, whether the individual has taken any action to prevent
2.9the designation of the department as a remainder beneficiary on an annuity as described in
2.10section 256B.056, subdivision 11, and other factors relevant to a determination of hardship.
2.11(b) Subject to paragraph (c), when evaluating a hardship waiver, the local agency
2.12shall take into account whether the individual was the victim of financial exploitation,
2.13whether the individual has made reasonable efforts to recover the transferred property or
2.14resource, whether the individual has taken any action to prevent the designation of the
2.15department as a remainder beneficiary on an annuity as described in section 256B.056,
2.16subdivision 11, and other factors relevant to a determination of hardship.
2.17(c) In the case of an imminent threat to the individual's health and well-being, the
2.18local agency shall approve a hardship waiver of the portion of an individual's period of
2.19ineligibility resulting from a transfer of assets for less than fair market value by or to
2.20a person:
2.21(1) convicted of financial exploitation, fraud, or theft upon the individual for such
2.22transfer of assets; or
2.23(2) against whom a report of financial exploitation upon the individual has been
2.24substantiated. For purposes of this paragraph, "financial exploitation" and "substantiated"
2.25have the meanings given in section 626.5572.
2.26(d) The local agency shall make a determination within 30 days of the receipt of all
2.27necessary information needed to make such a determination. If the local agency does not
2.28approve a hardship waiver, the local agency shall issue a written notice to the individual
2.29stating the reasons for the denial and the process for appealing the local agency's decision.
2.30When a waiver is granted, a cause of action exists against the person to whom the assets
2.31were transferred for that portion of long-term care services provided within:
2.32    (i) (1) 30 months of a transfer made on or before August 10, 1993;
2.33    (ii) (2) 60 months of a transfer if the assets were transferred after August 30, 1993,
2.34to a trust or portion of a trust that is considered a transfer of assets under federal law;
2.35    (iii) (3) 36 months of a transfer if transferred in any other manner after August
2.3610, 1993, but prior to February 8, 2006; or
3.1    (iv) (4) 60 months of any transfer made on or after February 8, 2006,
3.2or the amount of the uncompensated transfer, whichever is less, together with the costs
3.3incurred due to the action; or
3.4    (6) (5) for transfers occurring after August 10, 1993, the assets were transferred by
3.5the person or person's spouse: (i) into a trust established for the sole benefit of a son or
3.6daughter of any age who is blind or disabled as defined by the Supplemental Security
3.7Income program; or (ii) into a trust established for the sole benefit of an individual who is
3.8under 65 years of age who is disabled as defined by the Supplemental Security Income
3.9program.
3.10    "For the sole benefit of" has the meaning found in section 256B.059, subdivision 1.

3.11    Sec. 5. Minnesota Statutes 2008, section 256B.0595, subdivision 9, is amended to read:
3.12    Subd. 9. Filing cause of action; limitation. (a) The county of financial
3.13responsibility under chapter 256G may bring a cause of action under any or all of the
3.14following:
3.15    (1) subdivision 1, paragraph (f);
3.16    (2) subdivision 2, paragraphs (a) and (b);
3.17    (3) subdivision 3, paragraph (b);
3.18    (4) subdivision 4, clause (5) paragraph (d); and
3.19    (5) subdivision 8
3.20on behalf of the claimant who must be the commissioner.
3.21    (b) Notwithstanding any other law to the contrary, a cause of action under
3.22subdivision 2, paragraph (a) or (b), or 8, must be commenced within six years of the date
3.23the local agency determines that a transfer was made for less than fair market value.
3.24Notwithstanding any other law to the contrary, a cause of action under subdivision 3,
3.25paragraph (b), or 4, clause (5), must be commenced within six years of the date of
3.26approval of a waiver of the penalty period for a transfer for less than fair market value
3.27based on undue hardship. "
3.28Renumber the sections in sequence and correct the internal references
3.29Amend the title accordingly