Subdivision 1. Client's estate. Upon the death of a client, or a former client, the total cost of care given the client, less the amount actually paid toward the cost of care by the client and the client's relatives, shall be filed by the commissioner as a claim against the estate of the client with the court having jurisdiction to probate the estate and all proceeds collected by the state in the case shall be divided between the state and county in proportion to the cost of care each has borne.
Subd. 2. Preferred status. An estate claim in subdivision 1 shall be considered an expense of the last illness for purposes of section 524.3-805.
If the commissioner of human services determines that the property or estate of any client is not more than needed to care for and maintain the spouse and minor or dependent children of a deceased client, the commissioner has the power to compromise the claim of the state in a manner deemed just and proper.
Subd. 3. [Repealed, 2009 c 79 art 3 s 19]
Subd. 4. Exception from statute of limitations. Any statute of limitations that limits the commissioner in recovering the cost of care obligation incurred by a client or former client shall not apply to any claim against an estate made under this section to recover the cost of care.
1959 c 578 s 4; 1969 c 205 s 2; 1981 c 31 s 5; 1982 c 641 art 1 s 8; 1984 c 654 art 5 s 58; 1985 c 21 s 17; 1989 c 282 art 2 s 218; 2012 c 216 art 12 s 6
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 246 — State-operated Services
Section 246.01 — Powers And Duties.
Section 246.013 — Persons With Mental Illness; Care, Treatment.
Section 246.0135 — Operation Of Regional Treatment Centers.
Section 246.0141 — Tobacco Use Prohibited.
Section 246.015 — Consultative Services; Aftercare Of Patients.
Section 246.018 — Office Of Medical Director.
Section 246.12 — Biennial Estimates; Suggestions For Legislation.
Section 246.128 — Notification To Legislature Required.
Section 246.129 — Legislative Approval Required.
Section 246.13 — Records Of Persons Receiving State-operated Services.
Section 246.14 — Use Of Space In Institutions.
Section 246.141 — Project Labor.
Section 246.15 — Money Of Patients Or Residents.
Section 246.151 — Compensation Paid To Patient.
Section 246.16 — Unclaimed Money Or Personal Property.
Section 246.18 — Disposal Of Funds.
Section 246.23 — Persons Admissible To Regional Treatment Centers.
Section 246.234 — Reciprocal Exchange Of Certain Persons.
Section 246.24 — Compromise Of Claims.
Section 246.27 — Physical Examinations For Employment Required.
Section 246.325 — Garden Of Remembrance.
Section 246.35 — Abandonment Of Cemetery; Court Order.
Section 246.36 — Acceptance Of Voluntary, Uncompensated Services.
Section 246.41 — Benefit For Persons With Developmental Disabilities.
Section 246.50 — Care Of Clients At State Facilities; Definitions.
Section 246.51 — Payment For Care And Treatment; Determination.
Section 246.511 — Relative Responsibility.
Section 246.52 — Payment For Care; Order; Action.
Section 246.53 — Claim Against Estate Of Deceased Client.
Section 246.531 — Subrogation Of Insurance Settlements.
Section 246.54 — Liability Of County; Reimbursement.
Section 246.55 — Appeal From Order Of Commissioner.
Section 246.56 — Work Activity For Certain Patients Or Residents.
Section 246.57 — Shared Service Agreements.
Section 246.60 — Consolidation; Employees.
Section 246.64 — Substance Use Disorder Service Agreements.
Section 246.70 — Services To Families.
Section 246.711 — Conditions For Applicability Of Procedures.
Section 246.712 — Information Required To Be Given To Individuals.
Section 246.713 — Disclosure Of Positive Blood-borne Pathogen Test Results.
Section 246.714 — Consent Procedures Generally.
Section 246.715 — Testing Of Available Blood.
Section 246.716 — Blood Sample Collection For Testing.
Section 246.717 — No Discrimination.
Section 246.718 — Use Of Test Results.
Section 246.719 — Test Information Confidentiality.
Section 246.72 — Penalty For Unauthorized Release Of Information.
Section 246.721 — Protocol For Exposure To Blood-borne Pathogens.