Minnesota Legislature
HF 1888
as introduced - 87th Legislature (2011 - 2012) Posted on 03/13/2012 01:17pm
Current Version - as introduced
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6.1
A bill for an act
relating to human services; modifying eligibility provisions; amending
Minnesota Statutes 2011 Supplement, sections 256B.06, subdivision 4; 256L.04,
subdivision 10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2011 Supplement, section 256B.06, subdivision 4, is
amended to read:
Subd. 4.
Citizenship requirements.
(a) Eligibility for medical assistance is limited
to citizens of the United States, qualified noncitizens as defined in this subdivision, and
other persons residing lawfully in the United States. Citizens or nationals of the United
States must cooperate in obtaining satisfactory documentary evidence of citizenship or
nationality according to the requirements of the federal Deficit Reduction Act of 2005,
Public Law 109-171.
(b) "Qualified noncitizen" means a person who meets one of the following
immigration criteria:
(1) admitted for lawful permanent residence according to United States Code, title 8;
(2) admitted to the United States as a refugee according to United States Code,
title 8, section 1157;
(3) granted asylum according to United States Code, title 8, section 1158;
(4) granted withholding of deportation according to United States Code, title 8,
section 1253(h);
(5) paroled for a period of at least one year according to United States Code, title 8,
section 1182(d)(5);
(6) granted conditional entrant status according to United States Code, title 8,
section 1153(a)(7);
(7) determined to be a battered noncitizen by the United States Attorney General
according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
(8) is a child of a noncitizen determined to be a battered noncitizen by the United
States Attorney General according to the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill,
Public Law 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public
Law 96-422, the Refugee Education Assistance Act of 1980.
(c) All qualified noncitizens who were residing in the United States before August
22, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation.
(d) new text begin All qualified noncitizens who entered the United States on or after August 22,
1996, and who otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation through November 30, 1996.
new text end
Beginning December 1, 1996, qualified noncitizens who entered the United States
on or after August 22, 1996, and who otherwise meet the eligibility requirements of this
chapter are eligible for medical assistance with federal participation for five years if they
meet one of the following criteria:
(1) refugees admitted to the United States according to United States Code, title 8,
section 1157;
(2) persons granted asylum according to United States Code, title 8, section 1158;
(3) persons granted withholding of deportation according to United States Code,
title 8, section 1253(h);
(4) veterans of the United States armed forces with an honorable discharge for
a reason other than noncitizen status, their spouses and unmarried minor dependent
children; or
(5) persons on active duty in the United States armed forces, other than for training,
their spouses and unmarried minor dependent children.
new text begin
Beginning December 1, 1996, qualified noncitizens who do not meet one of the
criteria in items (1) to (5) are eligible for medical assistance without federal financial
participation as described in paragraph (j).
new text end
new text begin Notwithstanding paragraph (j), new text end beginning July 1, 2010, children and pregnant
women who are noncitizens described in paragraph (b) or deleted text begin who are lawfully present in
the United States as defined in Code of Federal Regulations, title 8, section 103.12, and
who otherwise meet eligibility requirements of this chapterdeleted text end new text begin (e)new text end , are eligible for medical
assistance with federal financial participation as provided by the federal Children's Health
Insurance Program Reauthorization Act of 2009, Public Law 111-3.
new text begin
(e) Noncitizens who are not qualified noncitizens as defined in paragraph (b), who
are lawfully present in the United States, as defined in Code of Federal Regulations, title
8, section 103.12, and who otherwise meet the eligibility requirements of this chapter, are
eligible for medical assistance under clauses (1) to (3). These individuals must cooperate
with the United States Citizenship and Immigration Services to pursue any applicable
immigration status, including citizenship, that would qualify them for medical assistance
with federal financial participation.
new text end
new text begin
(1) Persons who were medical assistance recipients on August 22, 1996, are eligible
for medical assistance with federal financial participation through December 31, 1996.
new text end
new text begin
(2) Beginning January 1, 1997, persons described in clause (1) are eligible for
medical assistance without federal financial participation as described in paragraph (j).
new text end
new text begin
(3) Beginning December 1, 1996, persons residing in the United States prior to
August 22, 1996, who were not receiving medical assistance and persons who arrived on
or after August 22, 1996, are eligible for medical assistance without federal financial
participation as described in paragraph (j).
new text end
deleted text begin (e)deleted text end new text begin (f)new text end Nonimmigrants who otherwise meet the eligibility requirements of this
chapter are eligible for the benefits as provided in paragraphs deleted text begin (f)deleted text end new text begin (g)new text end to deleted text begin (h)deleted text end new text begin (i)new text end . For purposes
of this subdivision, a "nonimmigrant" is a person in one of the classes listed in United
States Code, title 8, section 1101(a)(15).
deleted text begin (f)deleted text end new text begin (g)new text end Payment shall also be made for care and services that are furnished to
noncitizens, regardless of immigration status, who otherwise meet the eligibility
requirements of this chapter, if such care and services are necessary for the treatment of an
emergency medical conditionnew text begin , except for organ transplants and related care and services
and routine prenatal carenew text end .
deleted text begin (g)deleted text end new text begin (h)new text end For purposes of this subdivision, the term "emergency medical condition"
means a medical condition that meets the requirements of United States Code, title 42,
section 1396b(v).
deleted text begin
(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment
of an emergency medical condition are limited to the following:
deleted text end
deleted text begin
(i) services delivered in an emergency room or by an ambulance service licensed
under chapter 144E that are directly related to the treatment of an emergency medical
condition;
deleted text end
deleted text begin
(ii) services delivered in an inpatient hospital setting following admission from an
emergency room or clinic for an acute emergency condition; and
deleted text end
deleted text begin
(iii) follow-up services that are directly related to the original service provided
to treat the emergency medical condition and are covered by the global payment made
to the provider.
deleted text end
deleted text begin
(2) Services for the treatment of emergency medical conditions do not include:
deleted text end
deleted text begin
(i) services delivered in an emergency room or inpatient setting to treat a
nonemergency condition;
deleted text end
deleted text begin
(ii) organ transplants, stem cell transplants, and related care;
deleted text end
deleted text begin
(iii) services for routine prenatal care;
deleted text end
deleted text begin
(iv) continuing care, including long-term care, nursing facility services, home health
care, adult day care, day training, or supportive living services;
deleted text end
deleted text begin
(v) elective surgery;
deleted text end
deleted text begin
(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as
part of an emergency room visit;
deleted text end
deleted text begin
(vii) preventative health care and family planning services;
deleted text end
deleted text begin
(viii) dialysis;
deleted text end
deleted text begin
(ix) chemotherapy or therapeutic radiation services;
deleted text end
deleted text begin
(x) rehabilitation services;
deleted text end
deleted text begin
(xi) physical, occupational, or speech therapy;
deleted text end
deleted text begin
(xii) transportation services;
deleted text end
deleted text begin
(xiii) case management;
deleted text end
deleted text begin
(xiv) prosthetics, orthotics, durable medical equipment, or medical supplies;
deleted text end
deleted text begin
(xv) dental services;
deleted text end
deleted text begin
(xvi) hospice care;
deleted text end
deleted text begin
(xvii) audiology services and hearing aids;
deleted text end
deleted text begin
(xviii) podiatry services;
deleted text end
deleted text begin
(xix) chiropractic services;
deleted text end
deleted text begin
(xx) immunizations;
deleted text end
deleted text begin
(xxi) vision services and eyeglasses;
deleted text end
deleted text begin
(xxii) waiver services;
deleted text end
deleted text begin
(xxiii) individualized education programs; or
deleted text end
deleted text begin
(xxiv) chemical dependency treatment.
deleted text end
(i) Beginning July 1, 2009, pregnant noncitizens who are undocumented,
nonimmigrants, or lawfully present deleted text begin in the United States as defined in Code of Federal
Regulations, title 8, section 103.12,deleted text end new text begin as designated in paragraph (e) and whonew text end are not
covered by a group health plan or health insurance coverage according to Code of
Federal Regulations, title 42, section 457.310, and who otherwise meet the eligibility
requirements of this chapter, are eligible for medical assistance through the period of
pregnancy, including labor and delivery, and 60 days postpartum, to the extent federal
funds are available under title XXI of the Social Security Act, and the state children's
health insurance program.
new text begin
(j) Qualified noncitizens as described in paragraph (d), and all other noncitizens
lawfully residing in the United States as described in paragraph (e), who are ineligible
for medical assistance with federal financial participation and who otherwise meet the
eligibility requirements of chapter 256B and of this paragraph, are eligible for medical
assistance without federal financial participation. Qualified noncitizens as described
in paragraph (d) are only eligible for medical assistance without federal financial
participation for five years from their date of entry into the United States.
new text end
deleted text begin (j)deleted text end new text begin (k)new text end Beginning October 1, 2003, persons who are receiving care and rehabilitation
services from a nonprofit center established to serve victims of torture and are otherwise
ineligible for medical assistance under this chapter are eligible for medical assistance
without federal financial participation. These individuals are eligible only for the period
during which they are receiving services from the center. Individuals eligible under this
paragraph shall not be required to participate in prepaid medical assistance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from January 1, 2012.
new text end
Sec. 2.
Minnesota Statutes 2011 Supplement, section 256L.04, subdivision 10, is
amended to read:
Subd. 10.
Citizenship requirements.
Eligibility for MinnesotaCare is limited
to citizens or nationals of the United States, qualified noncitizens, and other persons
residing lawfully in the United States as deleted text begin defined in Code of Federal Regulations, title 8,
section 103.12deleted text end new text begin described in section 256B.06, subdivision 4, paragraphs (a) to (e) and (j)new text end .
Undocumented noncitizens and nonimmigrants are ineligible for MinnesotaCare. For
purposes of this subdivision, a nonimmigrant is an individual in one or more of the classes
listed in United States Code, title 8, section 1101(a)(15), and an undocumented noncitizen
is an individual who resides in the United States without the approval or acquiescence
of the United States Citizenship and Immigration Services. Families with children who
are citizens or nationals of the United States must cooperate in obtaining satisfactory
documentary evidence of citizenship or nationality according to the requirements of the
federal Deficit Reduction Act of 2005, Public Law 109-171.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from January 1, 2012.
new text end