Opinion
A23-0210
03-19-2024
In re the Estate of: Joanne Mary Ecklund, Decedent
ORDER ON PETITION FOR FURTHER REVIEW;
Issues Granted:
Petition of the Commissioner of Human Services: Federal law requires DHS to recover medical assistance paid on behalf of certain Medicaid recipients. “Medical assistance” is defined as payments for the cost of providing certain covered services. Federal agency guidance, binding on DHS, expressly includes capitation payments in this recovery. The Minnesota Legislature passed an MA statutory scheme expressly intended to comply with the federal Medicaid program. The state MA recovery statute requires recovery of certain “medical assistance rendered to” recipients and defines medical assistance the same way as federal law. Do state and federal law require DHS to recover MA capitation payments from Ms. Ecklund's estate?
Petition of Hennepin County Human Services: Does Minn. Stat. § 256B.15, subd. 2(a) limit an estate-recovery claim to the amounts paid for the cost of long-term care services that were provided to a Medical Assistance recipient, or does the statute allow for recovery of the portion of the capitation payments that provided coverage for those service?
Granted