Probate & Trust Law Section Conference Manual ... - Minnesota CLE

Example:
the transfer penalty and the date of the request for MA payment of LTC services.
This is a continuation of the Douglas example above. On February 28, Douglas
informs you that he reduced his excess countable assets by paying outstanding obligations,
including his LTCF charges for the months of December, January and February. He
provides verification that the value of his assets is now within the MA asset limits.
Action:
Reopen MA. Send Douglas an MHCP Request for Payment of Long-Term Care
Services (DHS-3543) in order to determine eligibility for MA payment of LTC services. If
Douglas meets the eligibility requirements, MA payment of LTC services can start March
1.
VI.
AVOIDING PROBLEMS WITH THE NEW ASSET TRANSFER POLICIES
A. Prove that a transfer was for fair value.
B. Prove that the transfer is exempt from penalty. See the penalty exceptions in
Minn. Stat. § 256B.0595. subds. 3 and 4.
C. Return all uncompensated transfers prior to applying for medical assistance or,
if an application already has been submitted, return all uncompensated transfers
prior to receiving a Notice of Action to impose a penalty period.
D. If a penalty period is imposed before all uncompensated transfers have been
returned, appeal the Notice of Action. This will keep the application process
pending and allow additional time to return additional uncompensated value.
E. Apply for a hardship waiver. See Minn. Stat. § 256B.0595, subds. 3 and 4.
F. Contact the author of these materials to discuss whether your case might make a
good case to challenge the new policies in court.
VII. THE 2009 AMENDMENTS WAITING FOR JANUARY 1, 2014 TO BECOME
EFFECTIVE
A. REDUCTION OF EXCESS ASSETS IN MONTH OF APPLICATION
Laws 2009, Ch. 79, Art. 5, Sec. 18, amending Minn. Stat. § 256B.056, Subd.
3d
Under current law, if an applicant is eligible for benefits by the last day of the
month and applies for medical assistance benefits by the last day of the month, the
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