HF 1039

as introduced - 88th Legislature (2013 - 2014) Posted on 02/28/2013 11:41am

A bill for an act
relating to human services; modifying the medical assistance income standard
for seniors and persons with disabilities; requiring the commissioner to request
authority to continue current home and community-based services waiver policy
on treatment of a nonassisted spouse's income and assets; amending Minnesota
Statutes 2012, section 256B.056, subdivisions 4, as amended, 5c.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 256B.056, subdivision 4, as amended by
Laws 2013, chapter 1, section 5, is amended to read:

Subd. 4.

Income.

(a) To be eligible for medical assistance, a person eligible under
section 256B.055, subdivisions 7, 7a, and 12, may have income up to deleted text begin 100 deleted text end new text begin 133 new text end percent
of the federal poverty guidelines new text begin using the modified adjusted gross income methodology
under the federal Patient Protection and Affordable Care Act (Public Law 111-148), as
amended by the federal Health Care and Education Reconciliation Act of 2010 (Public
Law 111-152), and any amendments to, or regulations or guidance issued under, those
acts. When determining income eligibility using the modified adjusted gross income
methodology, the commissioner shall subtract from the individual's modified adjusted gross
income an amount equivalent to five percent of the federal poverty guidelines new text end . Effective
January 1, 2000, and each successive January, recipients of Supplemental Security Income
may have an income up to the supplemental security income standard in effect on that date.

(b) To be eligible for medical assistance, families and children may have an income
up to 133-1/3 percent of the AFDC income standard in effect under the July 16, 1996,
AFDC state plan. Effective July 1, 2000, the base AFDC standard in effect on July 16,
1996, shall be increased by three percent.

(c) Effective January 1, 2014, to be eligible for medical assistance, under section
256B.055, subdivision 3a, a parent or caretaker relative may have an income up to 133
percent of the federal poverty guidelines for the household size.

(d) To be eligible for medical assistance under section 256B.055, subdivision 15,
a person may have an income up to 133 percent of federal poverty guidelines for the
household size.

(e) To be eligible for medical assistance under section 256B.055, subdivision 16,
a child may have an income up to 133 percent of the federal poverty guidelines for the
household size.

(f) In computing income to determine eligibility of persons under paragraphs (a) to
(e) who are not residents of long-term care facilities, the commissioner shall disregard
increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509.
For persons eligible under paragraph (a), veteran aid and attendance benefits and Veterans
Administration unusual medical expense payments are considered income to the recipient.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 2.

Minnesota Statutes 2012, section 256B.056, subdivision 5c, is amended to read:

Subd. 5c.

Excess income standard.

(a) The excess income standard for families
with children is the standard specified in subdivision 4.

(b) The excess income standard for a person whose eligibility is based on blindness,
disability, or age of 65 or more years is deleted text begin 70 percent of the federal poverty guidelines for
the family size. Effective July 1, 2002, the excess income standard for this paragraph
shall equal deleted text end 75 percent of the federal poverty guidelines. new text begin Effective January 1, 2014, the
excess income standard shall equal 133 percent of the federal poverty guidelines using
the modified adjusted gross income methodology under the federal Patient Protection and
Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and
Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments to, or
regulations or guidance issued under, those acts.
new text end

Sec. 3. new text begin RECOMMENDATIONS ON RAISING THE ASSET LIMITS FOR
SENIORS AND PERSONS WITH DISABILITIES.
new text end

new text begin The commissioner of human services shall consult with interested stakeholders
to develop recommendations and a request for a federal 1115 demonstration waiver in
order to increase the asset limit for individuals eligible for medical assistance due to
disability or age who are not residing in a nursing facility, intermediate care facility for
persons with developmental disabilities, or other institution whose costs for room and
board are covered by medical assistance or state funds. The recommendations must be
provided to the legislative committees with jurisdiction over health and human services
policy and finance by February 1, 2014.
new text end

Sec. 4. new text begin DIRECTION TO COMMISSIONER.
new text end

new text begin The commissioner of human services shall request authority, in whatever form
is necessary, from the federal Centers for Medicare and Medicaid Services to allow
persons under age 65 participating in the home and community-based services waivers to
choose between a disregard of the nonassisted spouse's income and assets or the spousal
impoverishment provisions under the federal Patient Protection and Affordable Care
Act (Public Law 111-148), section 2404, as amended by the federal Health Care and
Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments to, or
regulations or guidance issued under, those acts.
new text end