HF 3086

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; modifying treatment of 
  1.3             sponsor income for purposes of determining 
  1.4             MinnesotaCare eligibility; amending Minnesota Statutes 
  1.5             2003 Supplement, section 256L.04, subdivision 10a. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.8   256L.04, subdivision 10a, is amended to read: 
  1.9      Subd. 10a.  [SPONSOR'S INCOME AND RESOURCES DEEMED 
  1.10  AVAILABLE; DOCUMENTATION.] (a) When determining eligibility for 
  1.11  any federal or state benefits under sections 256L.01 to 256L.18, 
  1.12  the income and resources of all noncitizens whose sponsor signed 
  1.13  an affidavit of support as defined under United States Code, 
  1.14  title 8, section 1183a, shall be deemed to include their 
  1.15  sponsors' income and resources as defined in the Personal 
  1.16  Responsibility and Work Opportunity Reconciliation Act of 1996, 
  1.17  title IV, Public Law 104-193, sections 421 and 422, and 
  1.18  subsequently set out in federal rules.  To be eligible for the 
  1.19  program, noncitizens must provide documentation of their 
  1.20  immigration status.  
  1.21     (b) For purposes of determining MinnesotaCare eligibility, 
  1.22  the deeming of sponsor income and resources under paragraph (a) 
  1.23  applies only to the noncitizen for whom the sponsor signed an 
  1.24  affidavit of support, and does not apply to any other member of 
  1.25  the household in which the noncitizen resides.  When determining 
  2.1   eligibility and calculating premiums, the commissioner shall 
  2.2   consider a noncitizen for whom a sponsor signed an affidavit of 
  2.3   support as a household of one, and shall consider other 
  2.4   household members as a separate household and not count the 
  2.5   noncitizen in the size of this household.  If the noncitizen is 
  2.6   a child as defined in section 256L.01, subdivision 1a, the 
  2.7   noncitizen is considered to belong to a family with children 
  2.8   with a household size of one, and the other household members 
  2.9   are considered as a separate family with children regardless of 
  2.10  whether any of the other household members meet the definition 
  2.11  of "child" as defined in section 256L.01, subdivision 1a.