Background

Estate recovery is a process in which local agencies claim against the estates of some deceased Medical Assistance (MA) members and all deceased General Assistance Medical Care (GAMC) members, or the estates of the deceased members’ surviving spouses, to collect the amount paid for certain health care services by MA, GAMC or both.

I. Purpose of MA estate recovery

Local agencies are required by law to pursue estate recovery and liens so that there are funds to support future MA members. As stated by the Minnesota Supreme Court, estate recovery serves “a very important purpose . . . whereby money paid to qualified individuals for health care purposes may be recovered and reused to help other similarly situated persons.” In re Estate of Turner, 391 N.W.2d 767, 770 (Minn. 1986).

II. Timeline of legislative changes

Minnesota established its MA estate recovery program in 1967 by enacting Minnesota Statutes, section 256B.15. Since then, estate recovery has gone through many changes. View this timeline to see when these changes happened.