HF 1431

Introduction - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to medical assistance; expanding eligibility 
  1.3             for the elderly waiver program; seeking a change in a 
  1.4             federal waiver; stopping enrollment in the alternative 
  1.5             care program; amending Minnesota Statutes 1996, 
  1.6             sections 256B.0913, by adding a subdivision; and 
  1.7             256B.0915, by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 256B.0913, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 16.  [CESSATION OF ENROLLMENT.] Upon approval of the 
  1.12  elderly waiver amendments described in section 2, the 
  1.13  commissioner shall cease enrollment into the alternative care 
  1.14  program authorized under this section.  When enrollments cease, 
  1.15  persons currently receiving services shall have their 
  1.16  eligibility for the elderly waiver program determined under 
  1.17  section 256B.0915.  Persons receiving alternative care services 
  1.18  who are eligible for the elderly waiver program shall be 
  1.19  transferred to that program and shall receive priority access to 
  1.20  elderly waiver slots for six months after implementation of this 
  1.21  subdivision.  Persons currently enrolled in the alternative care 
  1.22  program who are not eligible for the elderly waiver program due 
  1.23  to excess assets shall continue to be eligible for the 
  1.24  alternative care program.  Continued eligibility for the 
  1.25  alternative care program shall be reviewed every six months. 
  1.26     Sec. 2.  Minnesota Statutes 1996, section 256B.0915, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 1d.  [POSTELIGIBILITY TREATMENT OF INCOME AND 
  2.3   RESOURCES FOR ELDERLY WAIVER.] (a) Notwithstanding the 
  2.4   provisions of section 256B.056, the commissioner shall make the 
  2.5   following amendments to the medical assistance elderly waiver 
  2.6   program effective July 1, 1997, or upon federal approval, 
  2.7   whichever is later: 
  2.8      (1) A recipient's maintenance needs will be an amount equal 
  2.9   to the Minnesota supplemental aid equivalent rate as defined in 
  2.10  section 256I.03, subdivision 5, plus the medical assistance 
  2.11  personal needs allowance as defined in section 256B.35, 
  2.12  subdivision 1, paragraph (a), when applying posteligibility 
  2.13  treatment of income rules to the gross income of elderly waiver 
  2.14  recipients. 
  2.15     (2) A recipient may not individually own resources in 
  2.16  excess of $7,000.  Household goods and personal effects are not 
  2.17  considered and resources designated as burial expenses are 
  2.18  excluded to the same extent they are excluded by the 
  2.19  Supplemental Security Income program.  The division of the 
  2.20  resources of a married couple, when the spouses live together in 
  2.21  the community and one spouse does not receive publicly funded 
  2.22  home care services shall be determined as defined in section 
  2.23  256B.059. 
  2.24     (b) The commissioner of human services shall secure 
  2.25  approval of additional elderly waiver slots sufficient to serve 
  2.26  persons who will qualify under the revised income standard and 
  2.27  the revised asset limit described in paragraph (a), clauses (1) 
  2.28  and (2), before implementing section 1.