Medical Assistance for People Who Are Age 65 or Older and People Who Are Blind or Have a Disability

2.3.3.2.7.4.1 Homestead Real Property

A homestead is any property in which a person or a person’s spouse has an ownership interest and which serves as the person’s principal place of residence. It includes the surrounding land and buildings on that land, provided the land is not separated by any property owned by others. Easements and public rights of way (e.g. utility lines, roads, etc.) do not separate other land from the home plot. It may be fixed or mobile and located on land or water.

This section provides policy detail regarding homestead real property.

Homestead Real Property Exclusion

The homestead includes a home owned and occupied by a person, a person’s spouse, or a person’s disabled or dependent child, regardless of its value. The following factors must both be met for a person to have the homestead excluded:

The person has an ownership interest in the homestead.
The person, or dependent relative, resides in the homestead and considers it his or her principal home.

The home continues to be excluded if the person is not currently residing in the home, but as long as they intend to return to it. An excluded homestead does not need to be verified.

Homestead Real Property Exclusion for Long-Term Care

For people who reside in a Long-Term Care Facility (LTCF), the homestead is excluded as follows:

The first six full calendar months the person resides in the LTCF if the person is expected to remain in the LTCF indefinitely. The homestead of a person who has already resided in the LTCF for more than six full calendar months is not excluded; the property is evaluated as non-homestead real property
As long as the person intends to return home and can reasonably be expected to return home. To meet these criteria, all of the following must occur:
- The person must attest, either verbally or in writing to a continued intent to return home.
- If the person's attestation of intent contradicts the information about the anticipated length of stay on the Physician's Certification Statement (DHS-1503), then the person's attending physician, advanced practice registered nurse, or physician assistant must provide a statement that indicates the person can reasonably be expected to return home: and
- MA or other sources will cover the cost of care if the person will require services upon returning home. Eligibility for MA or coverage of the services through Medicare or other private health insurance is acceptable verification.
The homestead is excluded for as long as it is the residence of one or more of the following relatives of the LTCF resident:
- Spouse
- Child under age 21
- Child of any age with a certified disability
- Sibling
  - This exclusion is applied if the sibling lived in the home for at least one year immediately before the date of the person’s admission to the LTCF and the sibling has an equity interest in the home.
- Child or grandchild of any age
  - This exclusion is applied if the child or grandchild meets both of the following:
    - Lived in the home for at least two years immediately before the date of the person’s admission to the LTCF
    - The child or grandchild provided verifiable care that allowed the person to remain at home rather than enter an LTCF. A physician's statement that verifies the care provided by the child or grandchild allowed the person to remain at home is required.

If the property does not meet any of the criteria, the home is reviewed as MA for People Who Are Age 65 or Older and People Who Are Blind or Have a Disability (MA-ABD) Non-Homestead Real Property.

Legal Citations

Minnesota Statutes, section 256B.056, subdivision 1a

Minnesota Statutes, section 256B.056, subdivision 2