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Ester Schmalz v. Commissioner of Minnesota Department of Human Services. MN medical assistance
In this Renville County Medical Assistance case, the Minnesota Supreme Court held:
The term "individual" in Minn. Stat. 256B.056, subd. 4a (2018), means the medical assistance applicant. Because the subdivision does not apply to assets held by a community spouse, the value of non-homestead life estates was includable when totaling assets to determine the community spouse asset allowance.
No. A18-2156 (Minn. June 24, 2020).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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