1.1 	A bill for an act
1.2 	relating to human services; establishing presumptive disability for medical 
1.3 	assistance eligibility; proposing coding for new law in Minnesota Statutes, 
1.4 	chapter 256B.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [256B.0615] PRESUMPTIVE DISABILITY.
1.7 	(a) The commissioner shall establish an expedited application process for persons 
1.8 	with an urgent medical need that provides for a determination of presumptive disability 
1.9 	for purposes of medical assistance eligibility. An applicant shall be determined to be 
1.10 	presumptively disabled if the applicant is suffering from a physical or mental impairment 
1.11 	that is likely to be determined to meet the definition of disabled under the supplemental 
1.12 	security income program, and the applicant is in a situation that constitutes an urgent need 
1.13 	for medical services. An urgent need for medical services is met under the following 
1.14 	circumstances:
1.15 	(1) the applicant is a patient in a hospital or other medical institution; 
1.16 	(2) the applicant will be admitted to a hospital or other medical institution without 
1.17 	immediate health care treatment; 
1.18 	(3) the applicant is in need of long-term care and the long-term care facility will not 
1.19 	admit the applicant until benefits are in effect; or 
1.20 	(4) the applicant is unable to return home from a nursing facility unless in-home 
1.21 	services or equipment is available that cannot be obtained without medical assistance 
1.22 	benefits. 
2.1 	(b) The commissioner shall require a statement from a health care provider who is 
2.2 	familiar with the applicant stating that the applicant meets the criteria of an urgent need 
2.3 	for medical services and that the applicant has an impairment. 
2.4 	(c) Upon a determination of presumptive disability, the commissioner shall notify 
2.5 	the applicant that the applicant is eligible for medical assistance beginning the month 
2.6 	of application and that this determination is not the final determination of eligibility. 
2.7 	If the application for presumptive disability is denied, the commissioner shall notify 
2.8 	the applicant of this decision and inform the applicant that this decision is not a final 
2.9 	decision on eligibility based on disability but that the commissioner has determined that 
2.10 	the applicant cannot be considered presumptively disabled. 
2.11 	(d) If the applicant is subsequently determined to be ineligible for medical assistance, 
2.12 	benefits provided during the period of presumptive eligibility are not recoverable unless 
2.13 	the applicant made misstatements or omissions of fact at the time of the presumptive 
2.14 	disability determination.