For people 55 years old or older, Minnesota must recover health care costs paid for members from the member's estate. Minnesota recovers payments for all MA services provided to people 55 years old or older.
Minnesota will seek recovery against individuals of any age if the person was:
- Permanently living in an institution
- Receiving MA payments for long-term-care services
Minnesota will also seek recovery against individuals as state and federal law allows.
Most of the time MA services do not have to be paid back until after the member dies and only when there is not a surviving spouse, a child under 21 or a child who has a permanently disability. A claim may be made in the estate of the spouse of the MA member if the MA member is deceased.
The state may file an MA lien against real property to recover MA costs before death, but only for people that are permanently living in an institution. The state may also file a Notice of Potential Claim, a form of lien, against real property after the member dies.