HF 1039

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/18/2013 04:47pm

A bill for an act
relating to human services; modifying the medical assistance excess income
standard for certain individuals; 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; requiring the
commissioner to make recommendations on asset limits; amending Minnesota
Statutes 2012, section 256B.056, subdivision 5c.

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

Section 1.

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 The excess income standard under this
paragraph shall equal: (1) 80 percent of the federal poverty guidelines effective July 1,
2014; (2) 90 percent of the federal poverty guidelines effective July 1, 2015; and (3) 100
percent of the federal poverty guidelines effective July 1, 2016.
new text end

Sec. 2. 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 to increase the asset limit a reasonable amount considering
changes since the limit was established for (1) individuals and (2) homeowners 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. 3. 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 continue
to use the disregard of the nonassisted spouse's income and assets instead of 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