1.1.................... moves to amend H.F. No. 2241 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2012, section 256B.059, subdivision 5, is amended to
1.4read:
1.5    Subd. 5. Asset availability. (a) At the time of initial determination of eligibility for
1.6medical assistance benefits following the first continuous period of institutionalization on
1.7or after October 1, 1989, assets considered available to the institutionalized spouse shall
1.8be the total value of all assets in which either spouse has an ownership interest, reduced by
1.9the following amount for the community spouse:
1.10(1) prior to July 1, 1994, the greater of:
1.11(i) $14,148;
1.12(ii) the lesser of the spousal share or $70,740; or
1.13(iii) the amount required by court order to be paid to the community spouse;
1.14(2) for persons whose date of initial determination of eligibility for medical
1.15assistance following their first continuous period of institutionalization occurs on or after
1.16July 1, 1994, the greater of:
1.17(i) $20,000;
1.18(ii) the lesser of the spousal share or $70,740; or
1.19(iii) the amount required by court order to be paid to the community spouse.
1.20The value of assets transferred for the sole benefit of the community spouse under section
1.21256B.0595, subdivision 4 , in combination with other assets available to the community
1.22spouse under this section, cannot exceed the limit for the community spouse asset
1.23allowance determined under subdivision 3 or 4. Assets in any retirement accounts,
1.24including individual accounts, 401(k) plans, 403(b) plans, Keogh plans, and pension plans
1.25that exceed this allowance shall be considered available to the institutionalized community
1.26 spouse whether or not if converted and annuitized to income. If the community spouse
1.27asset allowance has been increased under subdivision 4, then the assets considered
2.1available to the institutionalized spouse under this subdivision shall be further reduced by
2.2the value of additional amounts allowed under subdivision 4.
2.3(b) An institutionalized spouse may be found eligible for medical assistance even
2.4though assets in excess of the allowable amount are found to be available under paragraph
2.5(a) if the assets are owned jointly or individually by the community spouse, and the
2.6institutionalized spouse cannot use those assets to pay for the cost of care without the
2.7consent of the community spouse, and if: (i) the institutionalized spouse assigns to the
2.8commissioner the right to support from the community spouse under section 256B.14,
2.9subdivision 3 ; (ii) the institutionalized spouse lacks the ability to execute an assignment
2.10due to a physical or mental impairment; or (iii) the denial of eligibility would cause an
2.11imminent threat to the institutionalized spouse's health and well-being.
2.12(c) After the month in which the institutionalized spouse is determined eligible for
2.13medical assistance, during the continuous period of institutionalization, no assets of the
2.14community spouse are considered available to the institutionalized spouse, unless the
2.15institutionalized spouse has been found eligible under paragraph (b).
2.16(d) Assets determined to be available to the institutionalized spouse under this
2.17section must be used for the health care or personal needs of the institutionalized spouse.
2.18(e) For purposes of this section, assets do not include assets excluded under the
2.19supplemental security income program.
2.20EFFECTIVE DATE.This section is effective upon approval of the state plan
2.21amendment, or January 1, 2015, whichever is later.

2.22    Sec. 2. INSTRUCTIONS TO THE COMMISSIONER; FEDERAL APPROVAL.
2.23No later than July 1, 2014, the commissioner of human services shall submit a state
2.24plan amendment and seek approval necessary to implement section 1.
2.25EFFECTIVE DATE.This section is effective the day following final enactment."