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Minnesota Legislature

Lien, claims protection (new law)

Published (5/29/2009)
By Patty Ostberg
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Individuals, other than a spouse, who have ownership in a property of a person who died in a nursing home and was on Medical Assistance will have lien and claims protection, under a new law.

Sponsored by Rep. Paul Thissen (DFL-Mpls) and Sen. D. Scott Dibble (DFL-Mpls), the law requires an approved hardship waiver, and that an individual, other than the recipient’s spouse, have ownership interest in the property and also have occupied the property for at least 180 days before the date of the decedent’s death.

If the property is a homestead, Medical Assistance claims can only be made after the individual no longer resides in the property or until it’s sold or transferred.

The law is effective Aug. 1, 2009.

HF1482/SF1208*/CH160

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