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Subdivision 1.Client's estate.
Upon the death of a client who received services, the executive board shall file a claim against the estate of the individual for the total cost of care provided to the client, less the amount actually paid toward the cost of care by the client and the client's relatives in the court having jurisdiction to probate the estate. All proceeds collected by the state in the case must be divided between the state and county in proportion to the cost of care each has borne.
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Subd. 2.Preferred status.
(a) An estate claim in subdivision 1 must be considered an expense of the last illness for purposes of section 524.3-805.
(b) The executive board has the power to compromise a claim under this section if the executive board determines that the property or estate of any client does not exceed the minimum needed to care for and maintain the spouse and minor or dependent children of a deceased client.
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Subd. 4.Exception from statute of limitations.
Any statute of limitations that limits the executive board in recovering the cost of care obligation incurred by a client who received services does not apply to any claim against an estate made under this section to recover the cost of care.
Notes of Decisions
In RE Est. OF MURPHY v. State Dept. of Pub. Welfare, 198 N.W.2d 570 (Minn. 1972).
· cites it 18× “1967, § 246.53, for the cost of hospital care rendered to her while she was a patient at the Hastings State Hospital for the mentally ill from September 19, 1957, to July 13, 1966.”
In re Est. of Mathews, 558 N.W.2d 263 (Minn. Ct. App. 1997).
· cites it 11× “Following Mathews’s death, respondent Minnesota Department of Human Services (DHS) filed claims for these amounts pursuant to Minn.Stat. § 246.53 (1994). Mathews’s personal representative, Phyllis Neu-barth, denied the claims.”
Eustice Ex Rel. Eustice v. Jewison, 413 N.W.2d 114 (Minn. 1987).
· cites it 4× “In addition, the parties included a claim for Jewison’s state hospital care filed by the State of Minnesota pursuant to Minn.Stat. § 246.53 (1984) in the amount of $109,741.”
In Re Est. of O'Keefe, 354 N.W.2d 531 (Minn. Ct. App. 1984).
· cites it 4× “” Eight days later, on March 31, 1982, it was amended again to add claims for State hospital care under Section 246.53. 1982 Minn. Laws, ch. 641, sec.”
Matter of Est. of Gerhardt, 369 N.W.2d 335 (Minn. Ct. App. 1985).
· cites it 3× “Minn.Stat. § 246.53, subd. 3 (1984). The court said: [T]he composite underlying policy * * * is to maximize recoveries for the total cost of care provided a mentally ill patient while still enabling him to retain assets during his lifetime * * * to prospectively enable him to be…”
Texas Com. Bank v. Olson, 416 N.W.2d 456 (Minn. Ct. App. 1987).
· cites it 2× “It further held that the plaintiff was not a creditor then, because at that time it had at most an unma-tured claim against the defendant under Minn. Stat. § 246.53 . Id. See also Minn.”
In re the Est. of Perrin, 796 N.W.2d 175 (Minn. Ct. App. 2011).
· cites it 2× “15: "Where husband and wife are living together, they shall be jointly and severally liable for necessary medical services that have been furnished to either spouse, including any claims arising under section 246.53, 256B.15, 256D.16, or 261.”
Eustice v. Jewison, 399 N.W.2d 566 (Minn. Ct. App. 1987).
· cites it 4× “In addition, the parties included a claim for Kenneth Jewison’s state hospital care, filed by the State of Minnesota pursuant to Minn.Stat. § 246.53, in the amount of $109,741.”
In the Matter of the Est. of: Rosalie S. Allard, Decedent. (Minn. Ct. App. 2015).
· cites it 2× “it is exempt from all debts which were not valid charges on it at the time of decedent’s death except that the homestead is subject to a claim filed pursuant to section 246.53 for state hospital care or 256B.”
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