MAP Bill Tracker
For more information, check the MAP Advocate, MAP Action Agenda, News and Views, and MAP Facts.
Remove Discriminatory Authority
to Reclaim MA Reimbursement from Same Sex Couples
Summary,
Status, Action You Can Take
and Read More
Updated:
September 19, 2006
Summary: Changes in the MA recovery statute has significant impact on people living with HIV. The statute now allows the state to make a claim for medical assistant payments against a jointly owned homestead of an MA recipient at death. Married couples are protected from these claims.
MA is the primary source of health care coverage to a significant amount of our clients because of their disability, low income and limited resources. Within that group, a client's homestead is often their only asset and it is co-owned with a partner or other person, not a legally recognized spouse. Generally these homesteads were purchased not to avoid Medical assistance, but to create a home and provide evidence of a relationship that is not formally recognized by the state. .
Also, because many of our clients on MA or needing MA are over 55 close to it, or can reasonable expect to live past 55. Once a person turns 55 all their medical expenses paid by MA, can be collected by the state after their death. A domestic partner or joint owner will be forced to either pay the state out of their own resources to keep their home or sell the home.
Status: March 10, 2004 S.F. No. 1699 (Sen. Becky Lourey, DFL-Kerrick), which repeals all of the 2003 MA estate recovery changes, was approved today by the Senate Health and Family Services Committee, without additional testimony, discussion or amendment, and was passed on the Senate Health, Human Services and Corrections Finance Division (which is chaired by Sen. Berglin) on a voice vote with no apparent opposition. Sen. Berglin's S.F. No. 1991, which also repeals all of the 2003 MA estate recovery changes, and which rolls back some of the 2003 benefit reductions for certain programs, and raises revenue by removing certain corporate and executive pay deductions, was also approved, as amended, on a party line 4 to 3 vote and referred to the Senate Committee on Taxes. Sen. LeClair attempted to remove the revenue provisions but his amendment lost on a party line voice vote.
Rep. Morrie Lanning's bill, H.F. No. 2525, to repeal the retroactive application of the 2003 life estate/joint tenancy changes but keep the 2003 abrogation of the common law in place for life estate/joint tenancy interests created on or after August 1, 2003, will be heard in the House Civil Law Committee on Friday, March 12, 2004, in Room 10, State Office Building
The Pawlenty Administration continues to oppose any repeal.
Update: March 17, 2004 Rep. Michael Paymar (DFL-St. Paul) introduced HF3060 which would not allow collection on any medical assistance liens on joint tenancies until the joint tenant sells the property, ceases to live there or dies.
Update: March 22, 2004 Rep. Morrie Lanning's bill, H.F. 2525, which would repeal the retroactive effect of the 2003 life estate/joint tenancy changes, was heard in the House Health and Human Services Finance Committee and laid over for possible inclusion in the omnibus Health and Human Services Finance bill.
Action
You Can Take:
1. Keep informed. Check the current issue of the MAP
Advocate to find out what's happening.
2. Write a letter. Send a letter to the editor of your local paper or send and email to a friend.
3. Contact your legislators. Send an email or make a phone call to your State Senator and State Representative.
HF
2525
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Last Updated:
Friday, March 30, 2007
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