Office of the Revisor of Statutes
SF 1
1st Unofficial Engrossment - 80th Legislature (1997 - 1998)
Posted on 12/15/2009 12:00 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act
1.2 relating to human services; establishing the Minnesota
1.3 family investment program-statewide,
contingent
1.4 benefit standards, and the work first program; making
1.5 assistance program changes; making technical changes;
1.6 establishing the corps to career community service
1.7 program and the citizenship promotion program;
1.8 requiring a plan for providing a tribal employment and
1.9 training program; requiring a proposal for repayment
1.10 of post-secondary education funds; establishing
1.11 program integrity initiatives; establishing procedures
1.12 for overpayment of assistance and establishing
1.13 notification requirements; establishing criminal
1.14 penalties for wrongfully obtaining assistance;
1.15 requiring fraud prevention investigation programs to
1.16 be budget neutral; establishing the presumption of
1.17 receipt of benefits for persons who have been issued
1.18 an assistance transaction card; establishing recovery
1.19 of overpayments and ATM errors; requiring notification
1.20 to undocumented persons regarding the release of
1.21 personal data; amending Minnesota Statutes 1996,
1.22 sections 13.46, subdivisions 1 and 2; 13.82,
1.23 subdivision 1; 84.0887, subdivision 2; 84.98,
1.24 subdivision 3; 136A.125, subdivision 2; 196.27;
1.25 237.70, subdivision 4a; 254B.02, subdivision 1;
1.26 256.01, subdivisions 2, and 4a; 256.017, subdivisions
1.27 1, 2, and 4; 256.019; 256.031, subdivision 5, and by
1.28 adding a subdivision; 256.033, subdivisions 1 and 1a;
1.29 256.045, subdivision 3; 256.046; 256.736, subdivision
1.30 3a; 256.74, subdivision 1; 256.82, subdivision 2;
1.31 256.935, subdivision 1; 256.9354, by adding a
1.32 subdivision; 256.98, subdivisions 1, 4, and 8;
1.33 256.981; 256.983, subdivisions 1 and 4; 256.984,
1.34 subdivision 1; 256.9850; 256.986; 256.9861,
1.35 subdivisions 1, 2, 4, and 5; 256B.055, subdivisions 3,
1.36 5, and by adding a subdivision; 256B.056, subdivisions
1.37 1a, 3, and 4; 256B.057, subdivisions 1, 1b, and 2b;
1.38 256B.06, subdivision 4; 256B.062; 256D.01,
1.39 subdivisions 1, 1a, and 1e; 256D.02, subdivisions 6
1.40 and 12a; 256D.03, subdivision 3; 256D.05, subdivisions
1.41 1, 5, and 8; 256D.051, subdivisions 1a, 2a, 3a, and by
1.42 adding a subdivision; 256D.055; 256D.06, subdivisions
1.43 2 and 5; 256D.08, subdivisions 1 and 2; 256D.09,
1.44 subdivision 6, and by adding a subdivision; 256D.435,
1.45 subdivision 3; 256D.44, subdivision 5; 256E.03,
1.46 subdivision 2; 256E.06, subdivisions 1 and 3; 256E.07,
2.1 subdivision 1; 256E.08, subdivision 3; 256F.05,
2.2 subdivision 5; 256G.01, subdivision 4; 257.3573,
2.3 subdivision 2; 259.67, subdivision 4; 260.38;
2.4 268.0111, subdivisions 5 and 7; 268.0122, subdivision
2.5 3; 268.552, subdivision 5; 268.6751, subdivision 1;
2.6 268.676, subdivision 1; 268.86, subdivision 2;
2.7 268.871, subdivision 1; 268.90, subdivision 2;
2.8 268.916; 268.95, subdivision 4; 270A.03, subdivision
2.9 5; 388.23, subdivision 1; 393.07, subdivisions 6 and
2.10 10; and 477A.0122, subdivision 2; proposing coding for
2.11 new law in Minnesota Statutes, chapters 3; 256; 256B;
2.12 and 256D; proposing coding for new law as Minnesota
2.13 Statutes, chapters 256J; and 256K; repealing Minnesota
2.14 Statutes 1996, sections 256.12, subdivisions 9, 10,
2.15 14, 15, 19, 20, 21, 22, and 23; 256.72; 256.73,
2.16 subdivisions 1, 1a, 1b, 2, 3a, 3b, 5, 5a, 6, 8, 8a, 9,
2.17 10, and 11; 256.7341; 256.7351; 256.7352; 256.7353;
2.18 256.7354; 256.7355; 256.7356; 256.7357; 256.7358;
2.19 256.7359; 256.736, subdivision 18; 256.7365,
2.20 subdivisions 1, 2, 3, 4, 5, 6, 7, and 9; 256.7366;
2.21 256.737; 256.738; 256.7381; 256.7382; 256.7383;
2.22 256.7384; 256.7385; 256.7386; 256.7387; 256.7388;
2.23 256.739; 256.74, subdivisions 1, 1a, 1b, 2, and 6;
2.24 256.745; 256.75; 256.76, subdivision 1; 256.78;
2.25 256.80; 256.81; 256.82; 256.84; 256.85; 256.86;
2.26 256.863; 256.871; 256.8711; 256.879; 256D.02,
2.27 subdivision 5; 256D.0511; and 256D.065.
2.28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.29 ARTICLE 1
2.30 MINNESOTA FAMILY INVESTMENT PROGRAM-STATEWIDE
2.31 Section 1. [256J.01] [ESTABLISHING MINNESOTA FAMILY
2.32 INVESTMENT PROGRAM-STATEWIDE.]
2.33 Subdivision 1. [IMPLEMENTATION OF MINNESOTA FAMILY
2.34 INVESTMENT PROGRAM-STATEWIDE (MFIP-S).] This chapter and chapter
2.35 256K may be cited as the Minnesota family investment
2.36 program-statewide (MFIP-S). MFIP-S is the statewide
2.37 implementation of components of the Minnesota family investment
2.38 plan (MFIP) authorized under section 256.031 and Minnesota
2.39 family investment plan-Ramsey county (MFIP-R) in section 256.047.
2.40 This subdivision is effective January 1, 1998, except the
2.41 transitional provision in section 72 applies.
2.42 Subd. 2. [IMPLEMENTATION OF TEMPORARY ASSISTANCE FOR NEEDY
2.43 FAMILIES (TANF).] The Personal Responsibility and Work
2.44 Opportunity Reconciliation Act of 1996, Public Law Number
2.45 104-193, eliminates the aid to families with dependent children
2.46 (AFDC) program and replaces it with a program of block grants to
2.47 states for temporary assistance for needy families (TANF). TANF
2.48 provides cash assistance for a limited time to families with
2.49 children and to pregnant women. Minnesota's TANF assistance
3.1 will be provided through a statewide expansion of MFIP. The
3.2 modifications specified in this chapter are necessary to comply
3.3 with the new federal law and to improve MFIP. Eligible
3.4 Applicants and recipients of AFDC, family general assistance,
3.5 and food stamps will be converted to the MFIP-S program. The
3.6 conversion to MFIP-S must be made by January 1, 1998, and may be
3.7 made earlier at county option.
3.8 Subd. 3. [RELATIONSHIP TO OTHER STATUTES AND
3.9 RULES.] MFIP-S replaces eligibility for families with children
3.10 and pregnant women under the general assistance program,
3.11 governed by sections 256D.01 to 256D.21 and Minnesota Rules,
3.12 parts 9500.1200 to 9500.1270.
3.13 This subdivision is effective January 1, 1998, except the
3.14 transitional provision in section 72 applies.
3.15 Subd. 4. [CHANGES TO WAIVERS.] The commissioner of human
3.16 services may negotiate and obtain changes in the federal waivers
3.17 and terms and conditions contained in MFIP, MFIP-R, and MFIP-S.
3.18 The commissioner may also terminate federal waivers by directing
3.19 so in the applicable state plan.
3.20 Subd. 5. [COMPLIANCE SYSTEM.] The commissioner shall
3.21 administer a compliance system for the state's temporary
3.22 assistance for needy families (TANF) program, the food stamp
3.23 program, emergency assistance, general assistance, Medical
3.24 Assistance, general assistance medical care, emergency general
3.25 assistance, Minnesota supplemental aid, preadmission screening,
3.26 child support program, and alternative care grants under the
3.27 powers and authorities named in section 256.01, subdivision 2.
3.28 The purpose of the compliance system is to permit the
3.29 commissioner to supervise the administration of public
3.30 assistance programs and to enforce timely and accurate
3.31 distribution of benefits, completeness of service and efficient
3.32 and effective program management and operations, to increase
3.33 uniformity and consistency in the administration and delivery of
3.34 public assistance programs throughout the state, and to reduce
3.35 the possibility of sanction and fiscal disallowances for
3.36 noncompliance with federal regulations and state statutes.
4.1 Sec. 2. [256J.02] [FEDERAL TEMPORARY ASSISTANCE FOR NEEDY
4.2 FAMILIES BLOCK GRANT.]
4.3 Subdivision 1. [COMMISSIONER'S AUTHORITY TO ADMINISTER
4.4 BLOCK GRANT FUNDS.] The commissioner of human services is
4.5 authorized to receive, administer, and expend funds available
4.6 under the TANF block grant authorized under title I of Public
4.7 Law Number 104-193, the Personal Responsibility and Work
4.8 Opportunity Reconciliation Act of 1996.
4.9 Subd. 2. [USE OF MONEY.] State money appropriated for
4.10 purposes of this section and TANF block grant money must be used
4.11 for:
4.12 (1) financial assistance to or on behalf of any minor child
4.13 who is a resident of this state under section 256J.12;
4.14 (2) employment and training services under this chapter or
4.15 chapter 256K;
4.16 (3) emergency financial assistance and services under
4.17 section 256J.48;
4.18 (4) diversionary assistance under section 256J.47; and
4.19 (5) program administration under this chapter.
4.20 Subd. 3. [CARRY FORWARD OF FEDERAL MONEY.] Temporary
4.21 assistance for needy families block grant money must be
4.22 appropriated for the purposes in this section and is available
4.23 until expended.
4.24 Subd. 4. [AUTHORITY TO TRANSFER.] Subject to limitations
4.25 of title I of Public Law Number 104-193, the Personal
4.26 Responsibility and Work Opportunity Reconciliation Act of 1996,
4.27 the legislature may transfer money from the TANF block grant to
4.28 the child care fund under section 119B.02, or the Title XX block
4.29 grant under section 256E.07.
4.30 Subd. 5. [INDIRECT COST LIABILITY.] Notwithstanding the
4.31 provisions of section 16A.127, the statewide and agency indirect
4.32 cost liability identified as part of the TANF grant for any
4.33 current fiscal year shall be limited to no more than the amount
4.34 received in fiscal year 1996.
4.35 Sec. 3. [256J.06] [COMMUNITY INVOLVEMENT.]
4.36 The MFIP-S program must be administered in a way that, in
5.1 addition to the county agency, other sectors in the community
5.2 such as employers from the public and private sectors,
5.3 not-for-profit organizations, educational and social service
5.4 agencies, labor unions, and neighborhood associations are
5.5 involved.
5.6 Sec. 4. [256J.08] [DEFINITIONS.]
5.7 Subdivision 1. [SCOPE OF DEFINITIONS.] The terms used in
5.8 this chapter have the following meanings unless otherwise
5.9 provided for by text.
5.10 Subd. 2. [ABSENT PARENT.] "Absent parent" means a minor
5.11 child's parent who does not live in the same home as the child.
5.12 Subd. 3. [AGENCY ERROR.] "Agency error" means an error
5.13 that results in an overpayment or underpayment to an assistance
5.14 unit and is not caused by an applicant's or participant's
5.15 failure to provide adequate, correct, or timely information
5.16 about income, property, household composition, or other
5.17 circumstances.
5.18 Subd. 4. [APPEAL.] "Appeal" means a written statement from
5.19 an applicant or participant who requests a hearing under section
5.20 256J.31.
5.21 Subd. 5. [APPLICANT.] "Applicant" means a person who has
5.22 submitted to a county agency an application and whose
5.23 application has not been acted upon, denied, or voluntarily
5.24 withdrawn.
5.25 Subd. 6. [APPLICATION.] "Application" means the submission
5.26 by or on behalf of a family to a county agency of a completed,
5.27 signed, and dated form, prescribed by the commissioner, that
5.28 indicates the desire to receive assistance.
5.29 Subd. 7. [ASSISTANCE UNIT OR MFIP-S ASSISTANCE
5.30 UNIT.] "Assistance unit" or "MFIP-S assistance unit" means a
5.31 group of mandatory or optional people receiving or applying for
5.32 MFIP-S benefits together.
5.33 Subd. 8. [AUTHORIZED REPRESENTATIVE.] "Authorized
5.34 representative" means a person who is authorized, in writing, by
5.35 an applicant or participant to act on the applicant's or
5.36 participant's behalf in matters involving the application for
6.1 assistance or participation in MFIP-S.
6.2 Subd. 9. [BASIC NEEDS.] "Basic needs" means the minimum
6.3 personal requirements of subsistence and is restricted to food,
6.4 clothing, shelter, utilities, and other items for which the
6.5 loss, or lack of basic needs, is determined by the county agency
6.6 to pose a direct, immediate threat to the physical health or
6.7 safety of the applicant or participant.
6.8 Subd. 10. [BUDGET MONTH.] "Budget month" means the
6.9 calendar month which the county agency uses to determine the
6.10 income or circumstances of an assistance unit to calculate the
6.11 amount of the assistance payment in the payment month.
6.12 Subd. 11. [CAREGIVER.] "Caregiver" means a minor child's
6.13 natural or adoptive parent or parents who live in the home with
6.14 the minor child. For purposes of determining eligibility for
6.15 this program, caregiver also means any of the following
6.16 individuals, if adults, who live with and provide care and
6.17 support to a minor child when the minor child's natural or
6.18 adoptive parent or parents do not reside in the same home:
6.19 legal custodians, grandfather, grandmother, brother, sister,
6.20 stepfather, stepmother, stepbrother, stepsister, uncle, aunt,
6.21 first cousin, nephew, niece, person of preceding generation as
6.22 denoted by prefixes of "great," "great-great," or
6.23 "great-great-great," or a spouse of any person named in the
6.24 above groups even after the marriage ends by death or divorce.
6.25 Subd. 12. [CLIENT ERROR.] "Client error" means an error
6.26 that results in an overpayment or underpayment and is due to an
6.27 applicant's or participant's failure to provide adequate,
6.28 correct, or timely information concerning income, property,
6.29 household composition, or other circumstances.
6.30 Subd. 13. [COMMISSIONER.] "Commissioner" means the
6.31 commissioner of human services or the commissioner's designated
6.32 representative.
6.33 Subd. 14. [CORRECTIVE PAYMENT.] "Corrective payment" means
6.34 an assistance payment that is made to correct an underpayment.
6.35 Subd. 15. [COUNTABLE INCOME.] "Countable income" means
6.36 earned and unearned income that is not excluded under section
7.1 256J.21, subdivision 2, or disregarded under section 256J.21,
7.2 subdivision 3.
7.3 Subd. 16. [COUNTED EARNINGS.] "Counted earnings" means the
7.4 earned income that remains after applicable disregards under
7.5 section 256J.21, subdivision 4, have been subtracted from gross
7.6 earned income.
7.7 Subd. 17. [COUNTY AGENCY.] "County agency" means the
7.8 agency designated by the county board to implement financial
7.9 assistance for current programs and for MFIP-S and the agency
7.10 responsible for enforcement of child support collection, and a
7.11 county or multicounty agency that is authorized under sections
7.12 393.01, subdivision 7, and 393.07, subdivision 2, to administer
7.13 MFIP-S.
7.14 Subd. 18. [COUNTY BOARD.] "County board" means a board of
7.15 commissioners, a local services agency as defined in chapter
7.16 393, a board established under Joint Powers Act, section 471.59,
7.17 or a human services board under chapter 402.
7.18 Subd. 19. [COUNTY OF FINANCIAL RESPONSIBILITY.] "County of
7.19 financial responsibility" means the county that has financial
7.20 responsibility for providing public assistance as specified in
7.21 chapter 256G.
7.22 Subd. 20. [COUNTY OF RESIDENCE.] "County of residence"
7.23 means the county where the caregiver has established a home.
7.24 Subd. 21. [DATE OF APPLICATION.] "Date of application"
7.25 means the date on which the county agency receives an
7.26 applicant's signed application.
7.27 Subd. 22. [DEEM.] "Deem" means to treat all or part of the
7.28 income of an individual who is not in the assistance unit, but
7.29 who is financially responsible for members of the assistance
7.30 unit, as if it were income available to the assistance unit.
7.31 Subd. 23. [DEPARTMENT.] "Department" means the Minnesota
7.32 department of human services.
7.33 Subd. 24. [DISREGARD.] "Disregard" means earned income
7.34 that is not counted when determining initial eligibility or
7.35 ongoing eligibility and calculating the amount of the assistance
7.36 payment for participants.
8.1 Subd. 25. [DOCUMENTATION.] "Documentation" means a written
8.2 statement or record that substantiates or validates an assertion
8.3 made by a person or an action taken by a person, agency, or
8.4 entity.
8.5 Subd. 26. [EARNED INCOME.] "Earned income" means cash or
8.6 in-kind income earned through the receipt of wages, salary,
8.7 commissions, profit from employment activities, net profit from
8.8 self-employment activities, payments made by an employer for
8.9 regularly accrued vacation or sick leave, and any other profit
8.10 from activity earned through effort or labor.
8.11 Subd. 27. [EARNED INCOME TAX CREDIT.] "Earned income tax
8.12 credit" means the payment which can be obtained by a qualified
8.13 person from an employer or from the Internal Revenue Service as
8.14 provided by section 290.0671 and United States Code, title 26,
8.15 subtitle A, chapter 1, subchapter A, part 4, subpart C, section
8.16 32.
8.17 Subd. 28. [EMERGENCY.] "Emergency" means a situation or a
8.18 set of circumstances that causes or threatens to cause
8.19 destitution to a minor child.
8.20 Subd. 29. [EQUITY VALUE.] "Equity value" means the amount
8.21 of equity in real or personal property owned by a person and is
8.22 determined by subtracting any outstanding encumbrances from the
8.23 fair market value.
8.24 Subd. 30. [EXCLUDED TIME.] "Excluded time" has the meaning
8.25 given in section 256G.02.
8.26 Subd. 31. [EXPEDITED ISSUANCE OF THE FOOD STAMP
8.27 PORTION.] "Expedited issuance of the food stamp portion" means
8.28 the issuance of the food stamp portion to eligible assistance
8.29 units on the day of application as provided in section 393.07,
8.30 subdivision 10a.
8.31 Subd. 32. [FAIR HEARING OR HEARING.] "Fair hearing" or
8.32 "hearing" means the evidentiary hearing conducted by the
8.33 department appeals referee to resolve disputes as specified in
8.34 sections 256.045 and 256J.40.
8.35 Subd. 33. [FAIR MARKET VALUE.] "Fair market value" means
8.36 the price that an item of a particular make, model, size,
9.1 material, or condition would sell for on the open market in the
9.2 particular geographic area.
9.3 Subd. 34. [FAMILY.] "Family" includes:
9.4 (1) the following individuals who live together: a minor
9.5 child or a group of minor children related to each other as
9.6 siblings, half siblings, stepsiblings, or adoptive siblings,
9.7 together with their natural, adoptive parents, stepparents, or
9.8 caregiver as defined in subdivision 11; and
9.9 (2) a pregnant woman with no other children.
9.10 Subd. 35. [FAMILY WAGE LEVEL.] "Family wage level" means
9.11 109 percent of the transitional standard.
9.12 Subd. 36. [FEDERAL INSURANCE CONTRIBUTION ACT OR
9.13 FICA.] "Federal Insurance Contribution Act" or "FICA" means the
9.14 federal law under United States Code, title 26, subtitle C,
9.15 chapter 21, subchapter A, sections 3101 to 3126, that requires
9.16 withholding or direct payment from earned income.
9.17 Subd. 37. [FINANCIAL CASE RECORD.] "Financial case record"
9.18 means an assistance unit's financial eligibility file.
9.19 Subd. 38. [FULL-TIME STUDENT.] "Full-time student" means a
9.20 person who is enrolled in a graded or ungraded primary,
9.21 intermediate, secondary, GED preparatory, trade, technical,
9.22 vocational, or post-secondary school, and who meets the school's
9.23 standard for full-time attendance.
9.24 Subd. 39. [GENERAL EDUCATIONAL DEVELOPMENT OR
9.25 GED.] "General educational development" or "GED" means the
9.26 general educational development certification issued by the
9.27 Minnesota board of education as an equivalent to a secondary
9.28 school diploma under Minnesota Rules, part 3500.3100, subpart 4.
9.29 Subd. 40. [GROSS EARNED INCOME.] "Gross earned income"
9.30 means earned income from employment before mandatory and
9.31 voluntary payroll deductions. Gross earned income includes
9.32 salaries, wages, tips, gratuities, commissions, incentive
9.33 payments from work or training programs, payments made by an
9.34 employer for regularly accrued vacation or sick leave, and
9.35 profits from other activity earned by an individual's effort or
9.36 labor. Gross earned income includes uniform and meal allowances
10.1 if federal income tax is deducted from the allowance. Gross
10.2 earned income includes flexible work benefits received from an
10.3 employer if the employee has the option of receiving the benefit
10.4 or benefits in cash.
10.5 Subd. 41. [GROSS INCOME.] "Gross income" is the sum of
10.6 gross earned income and unearned income.
10.7 Subd. 42. [GROSS RECEIPTS.] "Gross receipts" means the
10.8 money received by a business before the expenses of the business
10.9 are deducted.
10.10 Subd. 43. [HALF-TIME STUDENT.] "Half-time student" means a
10.11 person who is enrolled in a graded or ungraded primary,
10.12 intermediate, secondary, GED preparatory, trade, technical,
10.13 vocational, or post-secondary school, and who meets the school's
10.14 standard of half-time attendance.
10.15 Subd. 44. [HOME.] "Home" means the primary place of
10.16 residence used by a person as the base for day-to-day living and
10.17 does not include locations used as mail drops.
10.18 Subd. 45. [HOMESTEAD.] "Homestead" means the home that is
10.19 owned by, and is the usual residence of, the assistance unit
10.20 together with the surrounding property which is not separated
10.21 from the home by intervening property owned by others. Public
10.22 rights-of-way, such as roads which run through the surrounding
10.23 property and separate it from the home, do not affect the
10.24 exemption of the property. Homestead includes an asset that is
10.25 not real property that the assistance unit uses as a home, such
10.26 as a vehicle.
10.27 Subd. 46. [HOUSEHOLD.] "Household" means a group of
10.28 persons who live together.
10.29 Subd. 47. [INCOME.] "Income" means cash or in-kind
10.30 benefit, whether earned or unearned, received by or available to
10.31 an applicant or participant that is not an asset under section
10.32 256J.20.
10.33 Subd. 48. [INITIAL ELIGIBILITY.] "Initial eligibility"
10.34 means the determination of eligibility for an MFIP-S applicant.
10.35 Subd. 49. [IN-KIND INCOME.] "In-kind income" means income,
10.36 benefits, or payments which are provided in a form other than
11.1 money or liquid assets, including the forms of goods, produce,
11.2 services, privileges, or payments made on behalf of an applicant
11.3 or participant by a third party.
11.4 Subd. 50. [INQUIRY.] "Inquiry" means a communication to a
11.5 county agency through mail, telephone, or in person, by which a
11.6 person or authorized representative requests information about
11.7 public assistance. The county agency shall also treat as an
11.8 inquiry any communication in which a person requesting
11.9 assistance offers information about the person's family
11.10 circumstances that indicates that eligibility for public
11.11 assistance may exist.
11.12 Subd. 51. [LEGALLY AVAILABLE.] "Legally available" means a
11.13 person's right under the law to secure, possess, dispose of, or
11.14 control income or property.
11.15 Subd. 52. [LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM OR
11.16 LIHEAP.] "Low-income home energy assistance program" or "LIHEAP"
11.17 means the program authorized under United States Code, title 42,
11.18 chapter 94, subchapter II, sections 8621 to 8629, and
11.19 administered by the Minnesota department of economic security.
11.20 Subd. 53. [LUMP SUM.] "Lump sum" means nonrecurring income
11.21 that is not excluded in section 256J.21.
11.22 Subd. 54. [MEDICAL ASSISTANCE.] "Medical Assistance" means
11.23 the program established under chapter 256B and Title XIX of the
11.24 Social Security Act.
11.25 Subd. 55. [MFIP-S HOUSEHOLD REPORT FORM.] "MFIP-S
11.26 household report form" means a form prescribed by the
11.27 commissioner that a participant uses to report information to a
11.28 county agency about changes in income and other circumstances.
11.29 Subd. 56. [MIGRANT WORKER.] "Migrant worker" means a
11.30 person who travels away from home on a regular basis, usually
11.31 with a group of other laborers, to seek employment in an
11.32 agriculturally related activity.
11.33 Subd. 57. [MINNESOTA FAMILY INVESTMENT PROGRAM-STATEWIDE
11.34 OR MFIP-S.] "Minnesota family investment program-statewide" or
11.35 "MFIP-S" means the assistance program authorized in this chapter
11.36 and chapter 256K.
12.1 Subd. 58. [MINNESOTA SUPPLEMENTAL AID OR MSA.] "Minnesota
12.2 supplemental aid" or "MSA" means the program established under
12.3 sections 256D.33 to 256D.54.
12.4 Subd. 59. [MINOR CAREGIVER.] "Minor caregiver" means a
12.5 person who:
12.6 (1) is under the age of 18;
12.7 (2) has never been married or otherwise legally
12.8 emancipated; and
12.9 (3) is either the natural parent of a minor child living in
12.10 the same household or is eligible for assistance paid to a
12.11 pregnant woman.
12.12 Subd. 60. [MINOR CHILD.] "Minor child" means a child who
12.13 is living in the same home of a parent or other caregiver, is
12.14 either less than 18 years of age or is under the age of 19 years
12.15 and is regularly attending as a full-time student and is
12.16 expected to complete a high school or a secondary level course
12.17 of vocational or technical training designed to fit students for
12.18 gainful employment before reaching age 19.
12.19 Subd. 61. [MONTHLY INCOME TEST.] "Monthly income test"
12.20 means the test used to determine ongoing eligibility and the
12.21 assistance payment amount according to section 256J.21.
12.22 Subd. 62. [NONRECURRING INCOME.] "Nonrecurring income"
12.23 means a form of income which is received:
12.24 (1) only one time or is not of a continuous nature; or
12.25 (2) in a prospective payment month but is no longer
12.26 received in the corresponding retrospective payment month.
12.27 Subd. 63. [OVERPAYMENT.] "Overpayment" means the portion
12.28 of an assistance payment issued by the county agency that is
12.29 greater than the amount for which the assistance unit is
12.30 eligible.
12.31 Subd. 64. [PARENT.] "Parent" means a child's biological or
12.32 adoptive parent who is legally obligated to support that child.
12.33 Subd. 65. [PARTICIPANT.] "Participant" means a person who
12.34 is currently receiving cash assistance and the food portion
12.35 available through MFIP-S as funded by TANF and the Food Stamp
12.36 program. A person who fails to withdraw or access
13.1 electronically any portion of his or her cash assistance payment
13.2 by the end of the payment month or who returns any uncashed
13.3 assistance check and withdraws from the program is not a
13.4 participant. A person who withdraws a cash assistance payment
13.5 by electronic transfer or receives and cashes a cash assistance
13.6 check and is subsequently determined to be ineligible for
13.7 assistance for that period of time is a participant, regardless
13.8 of whether that assistance is repaid. The term "participant"
13.9 includes the caregiver relative and the minor child whose needs
13.10 are included in the assistance payment. A person in an
13.11 assistance unit who does not receive a cash assistance payment
13.12 because he or she has been suspended from MFIP-S or because his
13.13 or her need falls below the $10 minimum payment level is a
13.14 participant.
13.15 Subd. 66. [PAYEE.] "Payee" means a person to whom an
13.16 assistance payment is made payable.
13.17 Subd. 67. [PAYMENT MONTH.] "Payment month" means the
13.18 calendar month for which the assistance payment is paid.
13.19 Subd. 68. [PERSONAL PROPERTY.] "Personal property" means
13.20 an item of value that is not real property, including the value
13.21 of a contract for deed held by a seller, assets held in trust on
13.22 behalf of members of an assistance unit, cash surrender value of
13.23 life insurance, value of a prepaid burial, savings account,
13.24 value of stocks and bonds, and value of retirement accounts.
13.25 Subd. 69. [PROBABLE FRAUD.] "Probable fraud" means the
13.26 level of evidence that, if proven as fact, would establish that
13.27 assistance has been wrongfully obtained.
13.28 Subd. 70. [PROFESSIONAL CERTIFICATION.] "Professional
13.29 certification" means:
13.30 (1) a statement about a person's illness, injury, or
13.31 incapacity that is signed by a licensed physician, psychological
13.32 practitioner, or licensed psychologist, qualified by
13.33 professional training and experience to diagnose and certify the
13.34 person's condition; or
13.35 (2) a statement about an incapacity involving a spinal
13.36 subluxation condition that is signed by a licensed chiropractor
14.1 qualified by professional training and experience to diagnose
14.2 and certify the condition.
14.3 Subd. 71. [PROSPECTIVE BUDGETING.] "Prospective budgeting"
14.4 means a method of determining the amount of the assistance
14.5 payment in which the budget month and payment month are the same.
14.6 Subd. 72. [PROTECTIVE PAYEE.] "Protective payee" means a
14.7 person other than the caregiver of an assistance unit who
14.8 receives the monthly assistance payment on behalf of an
14.9 assistance unit and is responsible to provide for the basic
14.10 needs of the assistance unit to the extent of that payment.
14.11 Subd. 73. [QUALIFIED NONCITIZEN.] "Qualified noncitizen"
14.12 means a person:
14.13 (1) who was lawfully admitted for permanent residence
14.14 pursuant to United States Code, title 8;
14.15 (2) who was admitted to the United States as a refugee
14.16 pursuant to United States Code, title 8; section 1157;
14.17 (3) whose deportation is being withheld pursuant to United
14.18 States Code, title 8, section 1253(h);
14.19 (4) who was paroled for a period of at least one year
14.20 pursuant to United States Code, title 8, section 1182(d)(5);
14.21 (5) who was granted conditional entry pursuant to United
14.22 State Code, title 8, section 1153(a)(7);
14.23 (6) who was granted asylum pursuant to United States Code,
14.24 title 8, section 1158; or
14.25 (7) determined to be a battered noncitizen by the United
14.26 States Attorney General according to the Illegal Immigration
14.27 Reform and Immigrant Responsibility Act of 1996, Title V of the
14.28 Omnibus Consolidated Appropriations Act, Public Law Number
14.29 104-200.
14.30 Subd. 74. [REAL PROPERTY.] "Real property" means land and
14.31 all buildings, structures, and improvements, or other fixtures
14.32 on the land, belonging or appertaining to the land, and all
14.33 mines, minerals, fossils, and trees on or under the land.
14.34 Subd. 75. [REASONABLE COMPENSATION.] "Reasonable
14.35 compensation" means the value received in exchange for property
14.36 transferred to another owner that is consistent with fair market
15.1 value and equals or exceeds the seller's equity in the property,
15.2 reduced by costs incurred in the sale.
15.3 Subd. 76. [RECERTIFICATION.] "Recertification" means the
15.4 periodic review of eligibility factors to determine an
15.5 assistance unit's continued eligibility.
15.6 Subd. 77. [RECOUPMENT.] "Recoupment" means the action of
15.7 the county agency to reduce a family's monthly assistance
15.8 payment to recover overpayments caused by client or agency error
15.9 and overpayments received while an appeal is pending.
15.10 Subd. 78. [RECOVERY.] "Recovery" means actions taken by a
15.11 county agency to reclaim the value of overpayments through
15.12 voluntary repayment, recoupment from the assistance payment,
15.13 court action, revenue recapture, or federal tax refund offset
15.14 program (FRTOP).
15.15 Subd. 79. [RECURRING INCOME.] "Recurring income" means a
15.16 form of income which is:
15.17 (1) received periodically, and may be received irregularly
15.18 when receipt can be anticipated even though the date of receipt
15.19 cannot be predicted; and
15.20 (2) from the same source or of the same type that is
15.21 received and budgeted in a prospective month and is received in
15.22 one or both of the first two retrospective months.
15.23 Subd. 80. [REEMPLOYMENT INSURANCE.] "Reemployment
15.24 insurance" means the insurance benefit paid to an unemployed
15.25 worker under sections 268.03 to 268.23.
15.26 Subd. 81. [RETROSPECTIVE BUDGETING.] "Retrospective
15.27 budgeting" means a method of determining the amount of the
15.28 assistance payment in which the payment month is the second
15.29 month after the budget month.
15.30 Subd. 82. [SANCTION.] "Sanction" means the reduction of a
15.31 family's assistance payment by a specified percentage of the
15.32 applicable transitional standard because: a nonexempt
15.33 participant fails to comply with the requirements of sections
15.34 256J.52 to 256J.55; a parental caregiver fails without good
15.35 cause to cooperate with the child support enforcement
15.36 requirements; or a participant fails to comply with the
16.1 insurance, tort liability, or other requirements of this chapter.
16.2 Subd. 83. [SIGNIFICANT CHANGE.] "Significant change" means
16.3 a decline in gross income of 35 percent or more from the income
16.4 used to determine the grant for the current month.
16.5 Subd. 84. [SUPPLEMENTAL SECURITY INCOME OR
16.6 SSI.] "Supplemental Security Income" or "SSI" means the program
16.7 authorized under title XVI of the Social Security Act.
16.8 Subd. 85. [TRANSITIONAL STANDARD.] "Transitional standard"
16.9 means the basic standard for a family with no other income or a
16.10 nonworking family and is a combination of the cash assistance
16.11 needs and food assistance needs for a family of that size.
16.12 Subd. 86. [UNEARNED INCOME.] "Unearned income" means
16.13 income received by a person that does not meet the definition of
16.14 earned income. Unearned income includes income from a contract
16.15 for deed, interest, dividends, reemployment insurance,
16.16 disability insurance payments, veterans benefits, pension
16.17 payments, return on capital investment, insurance payments or
16.18 settlements, severance payments, and payments for illness or
16.19 disability whether the premium payments are made in whole or in
16.20 part by an employer or participant.
16.21 Subd. 87. [VENDOR.] "Vendor" means a provider of goods or
16.22 services.
16.23 Subd. 88. [VENDOR PAYMENT.] "Vendor payment" means a
16.24 payment authorized by a county agency to a vendor.
16.25 Subd. 89. [VERIFICATION.] "Verification" means the process
16.26 a county agency uses to establish the accuracy or completeness
16.27 of information from an applicant, participant, third party, or
16.28 other source as that information relates to program eligibility
16.29 or an assistance payment.
16.30 Subd. 90. [DEFINITIONS; EFFECTIVE DATE.] Subdivisions 1 to
16.31 89 are effective January 1, 1998, except the transitional
16.32 provision in section 72 applies.
16.33 Sec. 5. [256J.09] [APPLYING FOR ASSISTANCE.]
16.34 Subdivision 1. [WHERE TO APPLY.] A person must apply for
16.35 assistance at the county agency in the county where that person
16.36 lives.
17.1 Subd. 2. [COUNTY AGENCY RESPONSIBILITY TO PROVIDE
17.2 INFORMATION.] A county agency must inform a person who inquires
17.3 about assistance about eligibility requirements for assistance
17.4 and how to apply for assistance, including diversionary
17.5 assistance and emergency assistance. A county agency must offer
17.6 the person brochures developed or approved by the commissioner
17.7 that describe how to apply for assistance.
17.8 Subd. 3. [SUBMITTING THE APPLICATION FORM.] A county
17.9 agency must offer, in person or by mail, the application forms
17.10 prescribed by the commissioner as soon as a person makes a
17.11 written or oral inquiry. At that time, the county agency must
17.12 inform the person that assistance begins with the date the
17.13 signed application is received by the county agency or the date
17.14 all eligibility criteria are met, whichever is later. The
17.15 county agency must inform the applicant that any delay in
17.16 submitting the application will reduce the amount of assistance
17.17 paid for the month of application. A county agency must inform
17.18 a person that the person may submit the application before an
17.19 interview appointment. To apply for assistance, a person must
17.20 submit a signed application to the county agency. Upon receipt
17.21 of a signed application, the county agency must stamp the date
17.22 of receipt on the face of the application. The county agency
17.23 must process the application within the time period required
17.24 under subdivision 5. An applicant may withdraw the application
17.25 at any time by giving written or oral notice to the county
17.26 agency. The county agency must issue a written notice
17.27 confirming the withdrawal. The notice must inform the applicant
17.28 of the county agency's understanding that the applicant has
17.29 withdrawn the application and no longer wants to pursue it.
17.30 When, within ten days of the date of the agency's notice, an
17.31 applicant informs a county agency, in writing, that the
17.32 applicant does not wish to withdraw the application, the county
17.33 agency must reinstate the application and finish processing the
17.34 application.
17.35 Subd. 4. [VERIFICATION OF INFORMATION ON APPLICATION.] A
17.36 county agency must verify information provided by an applicant
18.1 as required in section 256J.32.
18.2 Subd. 5. [PROCESSING APPLICATIONS.] Upon receiving an
18.3 application, a county agency must determine the applicant's
18.4 eligibility, approve or deny the application, inform the
18.5 applicant of its decision according to the notice provisions in
18.6 section 256J.31, and, if eligible issue, the assistance payment
18.7 to the applicant. When a county agency is unable to process an
18.8 application within 30 days, the county agency must inform the
18.9 applicant of the reason for the delay in writing. When an
18.10 applicant establishes the inability to provide required
18.11 verifications within the 30-day processing period, the county
18.12 agency may not use the expiration of that period as the basis
18.13 for denial.
18.14 Subd. 6. [INVALID REASON FOR DELAY.] A county agency must
18.15 not delay a decision on eligibility or delay issuing the
18.16 assistance payment except to establish state residence by:
18.17 (1) treating the 30-day processing period as a waiting
18.18 period;
18.19 (2) delaying approval or issuance of the assistance payment
18.20 pending the decision of the county board; or
18.21 (3) awaiting the result of a referral to a county agency in
18.22 another county when the county receiving the application does
18.23 not believe it is the county of financial responsibility.
18.24 Subd. 7. [CHANGES IN RESIDENCE DURING APPLICATION.] The
18.25 requirements in subdivisions 5 and 6 apply without regard to the
18.26 length of time that an applicant remains, or intends to remain,
18.27 a resident of the county in which the application is made. When
18.28 an applicant leaves the county where application was made but
18.29 remains in the state, section 256J.75 applies and the county
18.30 agency may request additional information from the applicant
18.31 about changes in circumstances related to the move.
18.32 Subd. 8. [ADDITIONAL APPLICATIONS.] Until a county agency
18.33 issues notice of approval or denial, additional applications
18.34 submitted by an applicant are void. However, an application for
18.35 monthly assistance and an application for emergency assistance
18.36 or emergency general assistance may exist concurrently. More
19.1 than one application for monthly assistance, emergency
19.2 assistance, or emergency general assistance may exist
19.3 concurrently when the county agency decisions on one or more
19.4 earlier applications have been appealed to the commissioner, and
19.5 the applicant asserts that a change in circumstances has
19.6 occurred that would allow eligibility. A county agency must
19.7 require additional application forms or supplemental forms as
19.8 prescribed by the commissioner when a payee's name changes, or
19.9 when a caregiver requests the addition of another person to the
19.10 assistance unit.
19.11 Subd. 9. [ADDENDUM TO AN EXISTING APPLICATION.] An
19.12 addendum to an existing application must be used to add persons
19.13 to an assistance unit regardless of whether the persons being
19.14 added are required to be in the assistance unit. When a person
19.15 is added by addendum to an assistance unit, eligibility for that
19.16 person begins on the first of the month the addendum was filed
19.17 except as provided in section 256J.74, subdivision 2, clause (1).
19.18 Subd. 10. [APPLICANTS WHO DO NOT MEET ELIGIBILITY
19.19 REQUIREMENTS FOR MFIP-S.] When an applicant is not eligible for
19.20 MFIP-S because the applicant does not meet eligibility
19.21 requirements, the county agency must determine whether the
19.22 applicant is eligible for food stamps, Medical Assistance,
19.23 diversionary assistance, or has a need for emergency assistance
19.24 when the applicant meets the eligibility requirements for those
19.25 programs.
19.26 Section 5 is effective January 1, 1998, except the
19.27 transitional provision in section 72 applies.
19.28 ELIGIBILITY FOR MFIP
19.29 Sec. 6. [256J.10] [MFIP-S ELIGIBILITY REQUIREMENTS.]
19.30 To be eligible for MFIP-S, applicants must meet the general
19.31 eligibility requirements in sections 256J.11 to 256J.15, the
19.32 property limitations in section 256J.20, and the income
19.33 limitations in section 256J.21.
19.34 Section 6 is effective January 1, 1998, except the
19.35 transitional provision in section 72 applies.
19.36 Sec. 7. [256J.11] [CITIZENSHIP.]
20.1 Subdivision 1. [GENERAL CITIZENSHIP REQUIREMENTS.] (a) To
20.2 be eligible for AFDC or MFIP-S, a member of the assistance unit
20.3 must be a citizen of the United States, a qualified noncitizen
20.4 as defined in section 256J.08, or a noncitizen who is otherwise
20.5 residing lawfully in the United States.
20.6 (b) A qualified noncitizen who entered the United States on
20.7 or after August 22, 1996, is eligible for MFIP-S. However, TANF
20.8 dollars cannot be used to fund the MFIP-S benefits for an
20.9 individual under this paragraph for a period of five years after
20.10 the date of entry unless the qualified noncitizen meets one of
20.11 the following criteria:
20.12 (1) was admitted to the United States as a refugee under
20.13 United States Code, title 8, section 1157;
20.14 (2) was granted asylum under United States Code, title 8,
20.15 section 1158;
20.16 (3) was granted withholding of deportation under the United
20.17 States Code, title 8, section 1253(h);
20.18 (4) is a veteran of the United States Armed Forces with an
20.19 honorable discharge for a reason other than noncitizen status,
20.20 or is a spouse or unmarried minor dependent child of the same;
20.21 or
20.22 (5) is an individual on active duty in the United States
20.23 Armed Forces, other than for training, or is a spouse or
20.24 unmarried minor dependent child of the same.
20.25 (c) A person who is not a qualified noncitizen but who is
20.26 otherwise residing lawfully in the United States is eligible for
20.27 MFIP-S. However, TANF dollars cannot be used to fund the MFIP-S
20.28 benefits for an individual under this paragraph.
20.29 (d) For purposes of this subdivision, a nonimmigrant in one
20.30 or more of the classes listed in United States Code, title 8,
20.31 section 1101(a)(15), or an undocumented immigrant who resides in
20.32 the United States without the approval or acquiescence of the
20.33 Immigration and Naturalization Service, is not eligible for
20.34 MFIP-S.
20.35 Subd. 2. [NONCITIZENS INELIGIBLE FOR MFIP-S FOOD PORTION.]
20.36 Noncitizens who do not meet one of the exemptions in section 412
21.1 of the Personal Responsibility and Work Opportunity
21.2 Reconciliation Act of 1996 are eligible for the food portion of
21.3 MFIP-S. However, federal food stamp dollars cannot be used to
21.4 fund the food portion of MFIP-S benefits for an individual under
21.5 this subdivision.
21.6 Sec. 8. [256J.12] [MINNESOTA RESIDENCE.]
21.7 Subdivision 1. [RESIDENCY.] To be eligible for AFDC or
21.8 MFIP-S, a family must have established residency in this state.
21.9 A family is considered to have established residency in this
21.10 state when a child or caregiver has resided in this state for at
21.11 least 30 days with the intention of making a permanent home here
21.12 and not for any temporary purpose. Notwithstanding section
21.13 256G.03, time spent in a shelter for battered women shall count
21.14 toward satisfying the 30 day residency requirement.
21.15 Subd. 2. [HARDSHIP EXCEPTION.] (a) A county shall waive
21.16 the 30-day residency requirement where unusual hardship would
21.17 result from denial of assistance.
21.18 (b) For purposes of this section, unusual hardship means a
21.19 family:
21.20 (1) is without alternative shelter; or
21.21 (2) is without available resources for food.
21.22 (c) For purposes of this subdivision, the following
21.23 definitions apply (1) "metropolitan statistical area" is as
21.24 defined by the U.S. Census Bureau; (2) "alternative shelter"
21.25 includes any shelter that is located within the metropolitan
21.26 statistical area containing the county and for which the family
21.27 is eligible, provided the family does not have to travel more
21.28 than 20 miles to reach the shelter and has access to
21.29 transportation to the shelter. Clause (2) does not apply to
21.30 counties in the Minneapolis-St. Paul metropolitan statistical
21.31 area.
21.32 Subd. 3. [PAYMENT PLAN FOR NEW RESIDENTS.] Assistance paid
21.33 to an eligible family in which all members have resided in this
21.34 state for fewer than 12 calendar months shall be at the standard
21.35 and in the form specified in section 256J.43.
21.36 Sec. 9. [256J.13] [MINOR CHILD IN ASSISTANCE UNIT;
22.1 PHYSICAL PRESENCE.]
22.2 Subdivision 1. [MINOR CHILD OR PREGNANT WOMAN.] The
22.3 assistance unit must include at least one minor child or a
22.4 pregnant woman. If a minor child is a recipient of Supplemental
22.5 Security Income or Minnesota supplemental aid, the assistance
22.6 unit is eligible for MFIP-S, but the needs of the minor child
22.7 receiving Supplemental Security Income or Minnesota supplemental
22.8 aid must not be taken into account when the county agency
22.9 determines the amount of assistance to be paid to the assistance
22.10 unit.
22.11 Subd. 2. [PHYSICAL PRESENCE.] A minor child and a
22.12 caregiver must live together except as provided in the following
22.13 paragraphs.
22.14 (a) The physical presence requirement is met when a minor
22.15 child is required to live away from the caregiver's home to meet
22.16 the need for educational curricula that cannot be met by, but is
22.17 approved by, the local public school district, the home is
22.18 maintained for the minor child's return during periodic school
22.19 vacations, and the caregiver continues to maintain
22.20 responsibility for the support and care of the minor child.
22.21 (b) The physical presence requirement is met when a
22.22 caregiver or minor child is away from the home due to illness,
22.23 hospitalization, vacation, incarceration, or other short-term
22.24 absences, when the home is maintained for the return of the
22.25 absent family member, the absence is not expected to last more
22.26 than 30 days beyond the month of departure, and the conditions
22.27 of clause (1), (2), or (3) apply:
22.28 (1) when the minor child and caregiver lived together
22.29 immediately prior to the absence, the caregiver continues to
22.30 maintain responsibility for the support and care of the minor
22.31 child, and the absence is reported at the time of application;
22.32 (2) when the pregnant mother is hospitalized or out of the
22.33 home due to the pregnancy; or
22.34 (3) when the newborn child and mother are hospitalized at
22.35 the time of birth.
22.36 (c) The absence of a caregiver or minor child does not
23.1 affect eligibility for the month of departure when the caregiver
23.2 or minor child received assistance for that month and lived
23.3 together immediately prior to the absence. Eligibility also
23.4 exists in the following month when the absence ends on or before
23.5 the tenth day of that month.
23.6 Section 9 is effective January 1, 1998, except the
23.7 transitional provision in section 72 applies.
23.8 Sec. 10. [256J.14] [ELIGIBILITY FOR PARENTING OR PREGNANT
23.9 MINORS.]
23.10 Subdivision 1. [DEFINITIONS.] The definitions in this
23.11 subdivision only apply to this section.
23.12 (a) "Household of a parent, legal guardian, or other adult
23.13 relative" means the place of residence of:
23.14 (i) a natural or adoptive parent;
23.15 (ii) a legal guardian according to appointment or
23.16 acceptance under section 260.242, 525.615, or 525.6165, and
23.17 related laws; or
23.18 (iii) a relative caregiver.
23.19 (b) "Adult-supervised supportive living arrangement" means
23.20 a private family setting which assumes responsibility for the
23.21 care and control of the minor parent and minor child, or other
23.22 living arrangement, not including a public institution, licensed
23.23 by the commissioner of human services which ensures that the
23.24 minor parent receives adult supervision and supportive services,
23.25 such as counseling, guidance, independent living skills
23.26 training, or supervision.
23.27 Subd. 2. [RESTRICTIONS ON PLACE OF RESIDENCE.] A minor
23.28 parent and the minor child who is in the care of the minor
23.29 parent must reside in the household of a parent, legal guardian,
23.30 or other appropriate adult relative, or in an adult-supervised
23.31 supportive living arrangement in order to receive MFIP-S unless:
23.32 (1) the minor parent has no living parent or legal guardian
23.33 or other appropriate adult relative whose whereabouts is known;
23.34 (2) no living parent or legal guardian of the minor parent
23.35 or other appropriate adult relative allows the minor parent to
23.36 live in the parent's or legal guardian's home;
24.1 (3) the minor parent lived apart from the minor parent's
24.2 own parent, legal guardian, or other appropriate adult relative
24.3 for a period of at least one year before either the birth of the
24.4 minor child or the minor parent's application for MFIP-S; or
24.5 (4) the physical or emotional health or safety of the minor
24.6 parent or minor child would be jeopardized if the minor parent
24.7 and the minor child resided in the same residence with the minor
24.8 parent's parent, legal guardian, or other appropriate adult
24.9 relative.
24.10 Subd. 3. [NOTICE TO MINOR APPLICANTS REQUIRED.] Minor
24.11 applicants must be informed orally and in writing about the
24.12 eligibility requirements and their rights and obligations under
24.13 the MFIP-S program. The county must advise the minor of the
24.14 possible exemptions and specifically ask whether one or more of
24.15 these exemptions is applicable. If the minor alleges one or
24.16 more of these exemptions, then the county must assist the minor
24.17 in obtaining the necessary verifications to determine whether or
24.18 not these exemptions apply.
24.19 Subd. 4. [REFERRAL TO CHILD PROTECTION SERVICES.] If the
24.20 county worker has reason to suspect that the physical or
24.21 emotional health or safety of the minor parent or minor child
24.22 would be jeopardized if they resided with the minor parent's
24.23 parent or legal guardian, then the county worker must make a
24.24 referral to child protective services to determine if
24.25 subdivision 2, clause (4), applies. A new determination by the
24.26 county worker is not necessary if one has been made within the
24.27 last six months, unless there has been a significant change in
24.28 circumstances which justifies a new referral and determination.
24.29 Subd. 5. [RESIDENTS IN SUPPORTIVE LIVING ARRANGEMENTS.] If
24.30 a minor parent is not living with a parent or legal guardian due
24.31 to subdivision 2, clause (1), (2), or (4), the minor parent must
24.32 reside, when possible, in a living arrangement that meets the
24.33 definition of an adult-supervised supportive living arrangement.
24.34 Subd. 6. [PROTECTIVE PAYMENT.] When a minor parent and
24.35 minor child live with another adult relative, or in an
24.36 adult-supervised supportive living arrangement, MFIP-S must be
25.1 paid, when possible, in the form of a protective payment on
25.2 behalf of the minor parent and minor child in accordance with
25.3 section 256J.39, subdivisions 2 to 4.
25.4 Section 10 is effective January 1, 1998, except the
25.5 transitional provision in section 72 applies.
25.6 Sec. 11. [256J.15] [OTHER ELIGIBILITY CONDITIONS.]
25.7 Subdivision 1. [ELIGIBILITY WHEN THERE IS SHARED, COURT
25.8 ORDERED, AND OTHER CUSTODY ARRANGEMENTS.] The language of a
25.9 court order that specifies joint legal or physical custody does
25.10 not preclude a determination that a parent is absent. Absence
25.11 must be determined based on the actual facts of the absence
25.12 according to paragraphs (a) to (c).
25.13 (a) When a minor child spends time in each of the parents'
25.14 homes within a payment month, the minor child's home shall be
25.15 considered the home in which the majority of the minor child's
25.16 time is spent. When this time is exactly equal within a payment
25.17 month, or when the parents alternately live in the minor child's
25.18 home within a payment month, the minor child's home shall be
25.19 with that parent who is applying for MFIP, unless the minor
25.20 child's needs for the full payment month have already been met
25.21 through the provision of assistance to the other parent for that
25.22 month.
25.23 (b) When the physical custody of a minor child alternates
25.24 between parents for periods of at least one payment month, each
25.25 parent shall be eligible for assistance for any full payment
25.26 months the minor child's home is with that parent, except under
25.27 the conditions in paragraph (c).
25.28 (c) When a minor child's home is with one parent for the
25.29 majority of time in each month for at least nine consecutive
25.30 calendar months, and that minor child visits or vacations with
25.31 the other parent under section 256J.13, the minor child's home
25.32 remains with the first parent even when the stay with the second
25.33 parent is for all or the majority of the months in the period of
25.34 the temporary absence.
25.35 Subd. 2. [ELIGIBILITY DURING LABOR DISPUTES.] To receive
25.36 assistance under MFIP-S, a member of an assistance unit who is
26.1 on strike must have been an MFIP-S participant on the day before
26.2 the strike, or have been eligible for MFIP-S on the day before
26.3 the strike.
26.4 The county agency must count the striker's prestrike
26.5 earnings as current earnings. When a member of an assistance
26.6 unit who is not in the bargaining unit that voted for the strike
26.7 does not cross the picket line for fear of personal injury, the
26.8 assistance unit member is not a striker. Except for a member of
26.9 an assistance unit who is not in the bargaining unit that voted
26.10 for the strike and who does not cross the picket line for fear
26.11 of personal injury, a significant change cannot be invoked as a
26.12 result of a labor dispute.
26.13 This subdivision is effective January 1, 1998, except the
26.14 transitional provision in section 72 applies.
26.15 Sec. 12. [256J.20] [PROPERTY LIMITATIONS.]
26.16 Subdivision 1. [PROPERTY OWNERSHIP PROVISIONS.] The county
26.17 agency must apply paragraphs (a) to (d) to real and personal
26.18 property. The county agency must use the equity value of
26.19 legally available real and personal property, except property
26.20 excluded in subdivisions 2 and 3, to determine whether an
26.21 applicant or participant is eligible for assistance.
26.22 (a) When real or personal property is jointly owned by two
26.23 or more persons, the county agency shall assume that each person
26.24 owns an equal share, except that either person owns the entire
26.25 sum of a joint personal checking or savings account. When an
26.26 applicant or participant documents greater or lesser ownership,
26.27 the county agency must use that greater or lesser share to
26.28 determine the equity value held by the applicant or
26.29 participant. Other types of ownership must be evaluated
26.30 according to law.
26.31 (b) Real or personal property owned by the applicant or
26.32 participant must be presumed legally available to the applicant
26.33 or participant unless the applicant or participant documents
26.34 that the property is not legally available to the applicant or
26.35 participant. When real or personal property is not legally
26.36 available, its equity value must not be applied against the
27.1 limits of subdivisions 2 and 3.
27.2 (c) An applicant must disclose whether the applicant has
27.3 transferred real or personal property valued in excess of the
27.4 property limits in subdivisions 2 and 3 for which reasonable
27.5 compensation was not received within one year prior to
27.6 application. A participant must disclose all transfers of
27.7 property valued in excess of these limits, according to the
27.8 reporting requirements in section 256J.30, subdivision 9. When
27.9 a transfer of real or personal property without reasonable
27.10 compensation has occurred:
27.11 (1) the person who transferred the property must provide
27.12 the property's description, information needed to determine the
27.13 property's equity value, the names of the persons who received
27.14 the property, and the circumstances of and reasons for the
27.15 transfer; and
27.16 (2) when the transferred property can be reasonably
27.17 reacquired, or when reasonable compensation can be secured, the
27.18 property is presumed legally available to the applicant or
27.19 participant.
27.20 (d) A participant may build the equity value of real and
27.21 personal property to the limits in subdivisions 2 and 3.
27.22 Subd. 2. [REAL PROPERTY LIMITATIONS.] Ownership of real
27.23 property by an applicant or participant is subject to the
27.24 limitations in paragraphs (a) and (b).
27.25 (a) A county agency shall exclude the homestead of an
27.26 applicant or participant according to clauses (1) to (4):
27.27 (1) an applicant or participant who is purchasing real
27.28 property through a contract for deed and using that property as
27.29 a home is considered the owner of real property;
27.30 (2) the total amount of land that can be excluded under
27.31 this subdivision is limited to surrounding property which is not
27.32 separated from the home by intervening property owned by
27.33 others. Additional property must be assessed as to its legal
27.34 and actual availability according to subdivision 1;
27.35 (3) when real property that has been used as a home by a
27.36 participant is sold, the county agency must treat the cash
28.1 proceeds from the sale as excluded property for six months when
28.2 the participant intends to reinvest the proceeds in another home
28.3 and maintains those proceeds, unused for other purposes, in a
28.4 separate account; and
28.5 (4) when the homestead is jointly owned, but the client
28.6 does not reside in it because of legal separation, pending
28.7 divorce; or battering or abuse by the spouse or partner, the
28.8 homestead is excluded.
28.9 (b) The equity value of real property that is not excluded
28.10 under paragraph (a) and which is legally available must be
28.11 applied against the limits in subdivision 3. When the equity
28.12 value of the real property exceeds the limits under subdivision
28.13 3, the applicant or participant may qualify to receive
28.14 assistance when the applicant or participant continues to make a
28.15 good faith effort to sell the property and signs a legally
28.16 binding agreement to repay the amount of assistance, less child
28.17 support collected by the agency. Repayment must be made within
28.18 five working days after the property is sold. Repayment to the
28.19 county agency must be in the amount of assistance received or
28.20 the proceeds of the sale, whichever is less.
28.21 Subd. 3. [OTHER PROPERTY LIMITATIONS.] To be eligible for
28.22 MFIP-S, the equity value of all nonexcluded real and personal
28.23 property of the assistance unit must not exceed $2,000 for
28.24 applicant families and $5,000 for ongoing recipient families.
28.25 The value of clauses (1) to (17) must be excluded when
28.26 determining the equity value of real and personal property:
28.27 (1) for each working member of the assistance unit, a
28.28 licensed automobile, truck, or van each with a fair market value
28.29 no greater than the amount excluded under the food stamp
28.30 program, provided that each assistance unit is allowed to
28.31 exclude at least one vehicle subject to the value limit in this
28.32 clause. The value of special equipment for a handicapped member
28.33 of the assistance unit is excluded. The fair market value of a
28.34 vehicle is the value listed in the N.A.D.A. Official Used Car
28.35 Guide, Midwest Edition, for newer model cars. Amounts in excess
28.36 of the exclusion are counted against the property limits
29.1 specified in this subdivision;
29.2 (2) the value of life insurance policies for members of the
29.3 assistance unit;
29.4 (3) one burial plot per member of an assistance unit;
29.5 (4) the value of personal property needed to produce earned
29.6 income, including tools, implements, farm animals, inventory,
29.7 business loans, business checking and savings accounts used
29.8 exclusively for the operation of a self-employment business, and
29.9 any motor vehicles if the vehicles are essential for the
29.10 self-employment business;
29.11 (5) the value of personal property not otherwise specified
29.12 which is commonly used by household members in day-to-day living
29.13 such as clothing, necessary household furniture, equipment, and
29.14 other basic maintenance items essential for daily living;
29.15 (6) the value of real and personal property owned by a
29.16 recipient of Social Security Income or Minnesota supplemental
29.17 aid;
29.18 (7) the value of corrective payments, but only for the
29.19 month in which the payment is received and for the following
29.20 month;
29.21 (8) a mobile home used by an applicant or participant as
29.22 the applicant's or participant's home;
29.23 (9) money in a separate escrow account that is needed to
29.24 pay real estate taxes or insurance and that is used for this
29.25 purpose;
29.26 (10) money held in escrow to cover employee FICA, employee
29.27 tax withholding, sales tax withholding, employee worker
29.28 compensation, business insurance, property rental, property
29.29 taxes, and other costs that are paid at least annually, but less
29.30 often than monthly;
29.31 (11) monthly assistance and emergency assistance payments
29.32 for the current month's needs;
29.33 (12) the value of school loans, grants, or scholarships for
29.34 the period they are intended to cover;
29.35 (13) payments listed in section 256J.21, subdivision 2,
29.36 clause (9), which are held in escrow for a period not to exceed
30.1 three months to replace or repair personal or real property;
30.2 (14) income received in a budget month through the end of
30.3 the budget month;
30.4 (15) savings of a minor child or a minor parent that are
30.5 set aside in a separate account designated specifically for
30.6 future education or employment costs;
30.7 (16) the earned income tax credit and Minnesota working
30.8 family credit in the month received the following month;
30.9 (17) payments excluded under federal law as long as those
30.10 payments are held in a separate account from any nonexcluded
30.11 funds; and
30.12 (18) money received by a participant of the corps to career
30.13 program under section 84.0887, subdivision 2, paragraph (b), as
30.14 a postservice benefit under the federal Americorps Act.
30.15 Section 12 is effective January 1, 1998, except the
30.16 transitional provision in section 72 applies.
30.17 Sec. 13. [256J.21] [INCOME LIMITATIONS.]
30.18 Subdivision 1. [INCOME INCLUSIONS.] To determine MFIP-S
30.19 eligibility, the county agency must evaluate income received by
30.20 members of an assistance unit, or by other persons whose income
30.21 is considered available to the assistance unit. All payments,
30.22 unless specifically excluded in subdivision 2, must be counted
30.23 as income.
30.24 Subd. 2. [INCOME EXCLUSIONS.] (a) The following must be
30.25 excluded in determining a family's available income:
30.26 (1) payments for basic care, difficulty of care, and
30.27 clothing allowances received for providing family foster care to
30.28 children or adults under Minnesota Rules, parts 9545.0010 to
30.29 9545.0260 and 9555.5050 to 9555.6265, and payments received and
30.30 used for care and maintenance of a third-party beneficiary who
30.31 is not a household member;
30.32 (2) reimbursements for employment training received through
30.33 the Job Training Partnership Act, United States Code, title 29,
30.34 chapter 19, sections 1501 to 1792b;
30.35 (3) reimbursement for out-of-pocket expenses incurred while
30.36 performing volunteer services, jury duty, or employment;
31.1 (4) all educational assistance, except the county agency
31.2 must count graduate student teaching assistantships,
31.3 fellowships, and other similar paid work as earned income and,
31.4 after allowing deductions for any unmet and necessary
31.5 educational expenses, must count as unearned income all
31.6 scholarships or grants awarded to graduate students that do not
31.7 require teaching or research;
31.8 (5) loans, regardless of purpose, from public or private
31.9 lending institutions, governmental lending institutions, or
31.10 governmental agencies;
31.11 (6) loans from private individuals, regardless of purpose,
31.12 provided an applicant or participant documents that the lender
31.13 expects repayment;
31.14 (7) state and federal income tax refunds;
31.15 (8) state and federal earned income credits;
31.16 (9) funds received for reimbursement, replacement, or
31.17 rebate of personal or real property when these payments are made
31.18 by public agencies, awarded by a court, solicited through public
31.19 appeal, or made as a grant by a federal agency, state or local
31.20 government, or disaster assistance organizations, subsequent to
31.21 a presidential declaration of disaster;
31.22 (10) the portion of an insurance settlement that is used to
31.23 pay medical, funeral, and burial expenses, or to repair or
31.24 replace insured property;
31.25 (11) reimbursements for medical expenses that cannot be
31.26 paid by Medical Assistance;
31.27 (12) payments by a vocational rehabilitation program
31.28 administered by the state under chapter 268A, except those
31.29 payments that are for current living expenses;
31.30 (13) in-kind income, including any payments directly made
31.31 by a third party to a provider of goods and services;
31.32 (14) assistance payments to correct underpayments, but only
31.33 for the month in which the payment is received;
31.34 (15) emergency assistance payments;
31.35 (16) funeral and cemetery payments as provided by section
31.36 256.935;
32.1 (17) nonrecurring cash gifts of $30 or less, not exceeding
32.2 $30 per participant in a calendar month;
32.3 (18) any form of energy assistance payment made through
32.4 LIHEAP, payments made directly to energy providers by other
32.5 public and private agencies, and any form of credit or rebate
32.6 payment issued by energy providers;
32.7 (19) Supplemental Security Income, including retroactive
32.8 payments;
32.9 (20) Minnesota supplemental aid, including retroactive
32.10 payments;
32.11 (21) proceeds from the sale of real or personal property;
32.12 (22) adoption assistance payments under section 259.67;
32.13 (23) state-funded family subsidy program payments made
32.14 under section 252.32 to help families care for children with
32.15 mental retardation or related conditions;
32.16 (24) interest payments and dividends from property that is
32.17 not excluded from and that does not exceed the asset limit;
32.18 (25) rent rebates;
32.19 (26) income earned by a minor caregiver or minor child who
32.20 has not attained the age of 20 and is at least a half-time
32.21 student;
32.22 (27) MFIP-S child care payments under section 119B.05;
32.23 (28) all other payments made through MFIP-S to support a
32.24 caregiver's pursuit of greater self-support;
32.25 (29) income a participant receives related to shared living
32.26 expenses;
32.27 (30) reverse mortgages;
32.28 (31) benefits provided by the Child Nutrition Act of 1966,
32.29 United States Code, title 42, chapter 13A, sections 1771 to
32.30 1790;
32.31 (32) benefits provided by the women, infants, and children
32.32 (WIC) nutrition program, United States Code, title 42, chapter
32.33 13A, section 1786;
32.34 (33) benefits from the National School Lunch Act, United
32.35 States Code, title 42, chapter 13, sections 1751 to 1769e;
32.36 (34) relocation assistance for displaced persons under the
33.1 Uniform Relocation Assistance and Real Property Acquisition
33.2 Policies Act of 1970, United States Code, title 42, chapter 61,
33.3 subchapter II, section 4636, or the National Housing Act, United
33.4 States Code, title 12, chapter 13, sections 1701 to 1750jj;
33.5 (35) benefits from the Trade Act of 1974, United States
33.6 Code, title 19, chapter 12, part 2, sections 2271 to 2322;
33.7 (36) war reparations payments to Japanese Americans and
33.8 Aleuts under United States Code, title 50, sections 1989 to
33.9 1989d;
33.10 (37) payments to veterans or their dependents as a result
33.11 of legal settlements regarding Agent Orange or other chemical
33.12 exposure under Public Law Number 101-239, section 10405,
33.13 paragraph (a)(2)(E);
33.14 (38) security utility deposit refunds;
33.15 (39) American Indian tribal land settlements excluded under
33.16 Public Law Numbers 98-123, 98-124, and 99-377 to the Mississippi
33.17 Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs
33.18 reservations and payments to members of the White Earth Band,
33.19 under United States Code, title 25, chapter 9, section 331, and
33.20 chapter 16, section 1407; and
33.21 (40) income that is otherwise specifically excluded from
33.22 MFIP-S consideration in federal law, state law, or federal
33.23 regulation.
33.24 (b) When determining income of members of the family who do
33.25 not elect to be included in the assistance unit, the county
33.26 agency shall count the remaining income after disregarding:
33.27 (1) all income of the minor parent's parent when
33.28 determining the grant for the minor parent in households that
33.29 include a minor parent living with a parent on MFIP-S with other
33.30 dependent children. The standard of need for the minor parent
33.31 is equal to the standard of need available if the minor parent's
33.32 parent was not a recipient of MIFP-S; and
33.33 (2) income of the minor parent's parent equal to 200
33.34 percent of the federal poverty guideline for a family size not
33.35 including the minor parent and the minor parent's child in
33.36 households that include a minor parent living with a parent not
34.1 on MFIP-S when determining the grant for the minor parent. The
34.2 remainder of income is deemed under Code of Federal Regulations,
34.3 title 45, section 233.20(a)(3)(xviii) in effect on August 21,
34.4 1996.
34.5 Subd. 3. [INITIAL INCOME TEST.] The county agency shall
34.6 determine initial eligibility by considering all earned and
34.7 unearned income that is not excluded under subdivision 2. To be
34.8 eligible for MFIP-S, the assistance unit's countable income
34.9 minus the disregards in paragraphs (a) and (b) must be below the
34.10 transitional standard of assistance according to section 256J.24
34.11 for that size assistance unit.
34.12 (a) The initial eligibility determination must disregard
34.13 the following items:
34.14 (1) the employment disregard is 18 percent of the gross
34.15 earned income whether or not the member is working full time or
34.16 part time;
34.17 (2) dependent care costs must be deducted from gross earned
34.18 income for the actual amount paid for dependent care up to the
34.19 maximum disregard allowed under this chapter and chapter 119B;
34.20 and
34.21 (3) all payments made according to a court order for the
34.22 support of children not living in the assistance unit's
34.23 household shall be disregarded from the income of the person
34.24 with the legal obligation to pay support, provided that, if
34.25 there has been a change in the financial circumstances of the
34.26 person with the legal obligation to pay support since the
34.27 support order was entered, the person with the legal obligation
34.28 to pay support has petitioned for a modification of the support
34.29 order.
34.30 (b) Notwithstanding paragraph (a), when determining initial
34.31 eligibility for applicants who have received AFDC, family
34.32 general assistance, MFIP, MFIP-R, work first, or MFIP-S in this
34.33 state within four months of the most recent application for
34.34 MFIP-S, the employment disregard is 35 percent of the gross
34.35 earned income.
34.36 After initial eligibility is established, the assistance
35.1 payment calculation is based on the monthly income test.
35.2 Subd. 4. [MONTHLY INCOME TEST AND DETERMINATION OF
35.3 ASSISTANCE PAYMENT.] The county agency shall determine ongoing
35.4 eligibility and the assistance payment amount according to the
35.5 monthly income test. To be eligible for MFIP-S, the result of
35.6 the computations in paragraphs (a) to (d) must be at least one
35.7 dollar.
35.8 (a) Apply a 35 percent income disregard to gross earnings
35.9 and subtract this amount from the family wage level. If the
35.10 difference is equal to or greater than the transitional
35.11 standard, the assistance payment is equal to the transitional
35.12 standard. If the difference is less than the transitional
35.13 standard, the assistance payment is equal to the difference.
35.14 The employment disregard in this paragraph must be deducted
35.15 every month there is earned income.
35.16 (b) All payments made according to a court order for the
35.17 support of children not living in the assistance unit's
35.18 household shall be disregarded from the income of the person
35.19 with the legal obligation to pay support, provided that, if
35.20 there has been a change in the financial circumstances of the
35.21 person with the legal obligation to pay support since the
35.22 support order was entered, the person with the legal obligation
35.23 to pay support has petitioned for a modification of the support
35.24 order.
35.25 (c) Subtract unearned income dollar for dollar from the
35.26 transitional standard to determine the assistance payment amount.
35.27 (d) When income is both earned and unearned, the amount of
35.28 the assistance payment must be determined by first treating
35.29 gross earned income as specified in paragraph (a). After
35.30 determining the amount of the assistance payment under paragraph
35.31 (a), unearned income must be subtracted from that amount dollar
35.32 for dollar to determine the assistance payment amount.
35.33 (e) When the monthly income is greater than the
35.34 transitional or family wage level standard after applicable
35.35 deductions and the income will only exceed the standard for one
35.36 month, the county agency must suspend the assistance payment for
36.1 the payment month.
36.2 Subd. 5. [DISTRIBUTION OF INCOME.] The income of all
36.3 members of the assistance unit must be counted. Income may also
36.4 be deemed from ineligible persons to the assistance unit.
36.5 Income must be attributed to the person who earns it or to the
36.6 assistance unit according to paragraphs (a) to (c).
36.7 (a) Funds distributed from a trust, whether from the
36.8 principal holdings or sale of trust property or from the
36.9 interest and other earnings of the trust holdings, must be
36.10 considered income when the income is legally available to an
36.11 applicant or participant. Trusts are presumed legally available
36.12 unless an applicant or participant can document that the trust
36.13 is not legally available.
36.14 (b) Income from jointly owned property must be divided
36.15 equally among property owners unless the terms of ownership
36.16 provide for a different distribution.
36.17 (c) Deductions are not allowed from the gross income of a
36.18 financially responsible household member or by the members of an
36.19 assistance unit to meet a current or prior debt.
36.20 Section 13 is effective January 1, 1998, except the
36.21 transitional provision in section 72 applies.
36.22 Sec. 14. [256J.24] [FAMILY COMPOSITION AND ASSISTANCE
36.23 STANDARDS.]
36.24 Subdivision 1. [MFIP-S ASSISTANCE UNIT.] An MFIP-S
36.25 assistance unit is either a group of individuals with at least
36.26 one minor child who live together whose needs, assets, and
36.27 income are considered together and who receive MFIP-S
36.28 assistance, or a pregnant woman who receives MFIP-S assistance.
36.29 Individuals identified in subdivision 2 must be included in the
36.30 MFIP-S assistance unit. Individuals identified in subdivision 3
36.31 must be excluded from the assistance unit. Individuals
36.32 identified in subdivision 4 may be included in the assistance
36.33 unit at their option. Individuals not included in the
36.34 assistance unit who are identified in section 256J.37,
36.35 subdivision 1 or 2, must have their income considered when
36.36 determining eligibility and benefits for an MFIP-S assistance
37.1 unit. All assistance unit members, whether mandatory or
37.2 elective, who live together and for whom one caregiver or two
37.3 caregivers apply must be included in a single assistance unit.
37.4 Subd. 2. [MANDATORY ASSISTANCE UNIT COMPOSITION.] When the
37.5 following individuals live together, they must be included in
37.6 the assistance unit:
37.7 (1) a minor child;
37.8 (2) the minor child's siblings, half-siblings, and
37.9 step-siblings; and
37.10 (3) the minor child's natural, adoptive parents, and
37.11 stepparents.
37.12 Subd. 3. [INDIVIDUALS WHO MUST BE EXCLUDED FROM AN
37.13 ASSISTANCE UNIT.] The following individuals must be excluded
37.14 from an assistance unit:
37.15 (1) individuals receiving Supplemental Security Income or
37.16 Minnesota supplemental aid;
37.17 (2) individuals living at home while performing
37.18 court-imposed, unpaid community service work due to a criminal
37.19 conviction;
37.20 (3) individuals disqualified from the food stamp program or
37.21 MFIP-S, until the disqualification ends; and
37.22 (4) children on whose behalf foster care payments under
37.23 title IV-E of the Social Security Act are made, except as
37.24 provided in section 256J.74, subdivision 2.
37.25 Subd. 4. [INDIVIDUALS WHO MAY ELECT TO BE INCLUDED IN THE
37.26 ASSISTANCE UNIT.] The minor child's eligible caregiver may
37.27 choose to be in the assistance unit, if the caregiver is not
37.28 required to be in the assistance unit under subdivision 2. If
37.29 the relative caregiver chooses to be in the assistance unit,
37.30 that person's spouse must also be in the unit.
37.31 Subd. 5. [MFIP-S TRANSITIONAL STANDARD.] The following
37.32 table represents the MFIP-S transitional standard table when all
37.33 members of the assistance unit are eligible for both food and
37.34 cash assistance.
37.35 Number of Eligible People Standard
37.36 1 $344
38.1 2 $596
38.2 3 $747
38.3 4 $884
38.4 5 $1,003
38.5 6 $1,140
38.6 7 $1,246
38.7 8 $1,373
38.8 9 $1,498
38.9 10 $1,618
38.10 over 10 add $118 per additional member.
38.11 The commissioner shall annually publish in the State
38.12 Register the transitional standard for an assistance unit size 1
38.13 to 10.
38.14 Subd. 6. [APPLICATION OF ASSISTANCE STANDARDS.] The
38.15 standards apply to the number of eligible persons in the
38.16 assistance unit.
38.17 Subd. 6a. [ASSISTANCE VENDOR PAID IF CHILD BORN TO
38.18 RECIPIENT.] If a woman receiving assistance as a caregiver of an
38.19 MFIP-S assistance unit delivers a child born at least ten months
38.20 after the woman begins receiving MFIP-S assistance, benefits
38.21 paid to the assistance unit under this section shall be vendor
38.22 paid for rent and utilities up to the amount of the MFIP-S
38.23 grant. The residual amount of the grant after vendor payment,
38.24 if any, shall be paid to the caregiver.
38.25 Subd. 7. [FAMILY WAGE LEVEL STANDARD.] The family wage
38.26 level standard is 109 percent of the transitional standard under
38.27 subdivision 5 and is the standard used when there is earned
38.28 income in the assistance unit. As specified in section 256J.21,
38.29 earned income is subtracted from the family wage level to
38.30 determine the amount of the assistance payment. Assistance
38.31 payments may not exceed the transitional standard for the
38.32 assistance unit.
38.33 Section 14 is effective January 1, 1998, except the
38.34 transitional provision in section 72 applies.
38.35 Sec. 15. [256J.26] [PERSONS INELIGIBLE.]
38.36 Subdivision 1. [PERSON CONVICTED OF DRUG OFFENSES.] (a) If
39.1 an applicant has been convicted of a drug offense after July 1,
39.2 1997, the assistance unit is ineligible for AFDC or MFIP-S
39.3 benefits until five years after the applicant has completed
39.4 terms of the court-ordered sentence. This subdivision also
39.5 applies to persons who receive food stamps under section 115 of
39.6 the Personal Responsibility and Work Opportunity Reconciliation
39.7 Act of 1996.
39.8 (b) For the purposes of this subdivision, "drug offense"
39.9 means a conviction that occurred after July 1, 1997, of sections
39.10 152.021 to 152.025, 152.0261, or 152.096. Drug offense also
39.11 means a conviction in another jurisdiction of the possession,
39.12 use, or distribution of a controlled substance, or conspiracy to
39.13 commit any of these offenses, if the offense occurred after July
39.14 1, 1997, and the conviction is a felony offense in that
39.15 jurisdiction, or in the case of New Jersey, a high misdemeanor.
39.16 Subd. 2. [PAROLE VIOLATORS.] An individual violating a
39.17 condition of probation or parole imposed under federal or state
39.18 law is ineligible to receive AFDC or MFIP-S.
39.19 Subd. 3. [FLEEING FELONS.] An individual who is fleeing to
39.20 avoid prosecution, or custody, or confinement after conviction
39.21 for a crime that is a felony under the laws of the jurisdiction
39.22 from which the individual flees, or in the case of New Jersey,
39.23 is a high misdemeanor, is ineligible to receive AFDC or MFIP-S.
39.24 Subd. 4. [DENIAL OF ASSISTANCE FOR TEN YEARS TO A PERSON
39.25 FOUND TO HAVE FRAUDULENTLY MISREPRESENTED RESIDENCY.] An
39.26 individual who is convicted in federal or state court of having
39.27 made a fraudulent statement or representation with respect to
39.28 the place of residence of the individual in order to receive
39.29 assistance simultaneously from two or more states is ineligible
39.30 to receive AFDC or MFIP-S for ten years beginning on the date of
39.31 the conviction.
39.32 Sec. 16. [256J.28] [PROVISIONS RELATED SPECIFICALLY TO
39.33 FOOD STAMP ASSISTANCE.]
39.34 Subdivision 1. [EXPEDITED ISSUANCE OF FOOD STAMP
39.35 ASSISTANCE.] The following households are entitled to expedited
39.36 issuance of food stamp assistance:
40.1 (1) households with less than $150 in monthly gross income
40.2 provided their liquid assets do not exceed $100;
40.3 (2) migrant or seasonal farm worker households who are
40.4 destitute as defined in Code of Federal Regulations, title 7,
40.5 subtitle B, chapter 2, subchapter C, part 273, section 273.10,
40.6 paragraph (e)(3), provided their liquid assets do not exceed
40.7 $100; and
40.8 (3) eligible households whose combined monthly gross income
40.9 and liquid assets are less than the household's monthly rent or
40.10 mortgage and utilities.
40.11 The benefits issued through expedited issuance of food
40.12 stamp assistance must be deducted from the amount of the full
40.13 monthly MFIP-S assistance payment and a supplemental payment for
40.14 the difference must be issued.
40.15 Subd. 2. [FOOD STAMPS FOR HOUSEHOLD MEMBERS NOT IN THE
40.16 ASSISTANCE UNIT.] For household members who purchase and prepare
40.17 food with the MFIP-S assistance unit but are not part of the
40.18 assistance unit, the county agency must determine a separate
40.19 food stamp benefit based on regulations agreed upon with the
40.20 United States department of agriculture.
40.21 This subdivision does not apply to optional members who
40.22 have chosen not to be in the assistance unit.
40.23 Fair hearing requirements for persons who receive food
40.24 stamps under this subdivision are governed by section 256.045,
40.25 and Code of Federal Regulations, title 7, subtitle B, chapter
40.26 II, part 273, section 273.15.
40.27 This subdivision is effective January 1, 1998, except the
40.28 transitional provision in section 72 applies.
40.29 Subd. 3. [INCOME DISREGARD FOR CERTAIN PROGRAMS, FOOD
40.30 ASSISTANCE PORTION OF ASSISTANCE PAYMENT.] The portion of the
40.31 MFIP-S assistance payment that is designated by the commissioner
40.32 as the food assistance portion of the assistance payment must be
40.33 disregarded as income in the following programs:
40.34 (1) housing subsidy programs;
40.35 (2) low-income home energy assistance program;
40.36 (3) Supplemental Security Income, when determining interim
41.1 assistance amount; and
41.2 (4) other programs that do not count food stamps as income.
41.3 For the purposes of this subdivision, the food assistance
41.4 portion of the assistance payment means a predetermined portion
41.5 of the MFIP-S assistance payment that may be received in
41.6 point-of-purchase sites or as food stamps. The predetermined
41.7 portion of the assistance payment varies by family profile,
41.8 which is based on family size.
41.9 This subdivision is effective January 1, 1998, except the
41.10 transitional provision in section 72 applies.
41.11 Sec. 17. [256J.30] [APPLICANT AND PARTICIPANT REQUIREMENTS
41.12 AND RESPONSIBILITIES.]
41.13 Subdivision 1. [APPLICANT REPORTING REQUIREMENTS.] An
41.14 applicant must provide information on an application form and
41.15 supplemental forms about the applicant's circumstances which
41.16 affect MFIP-S eligibility or the assistance payment. An
41.17 applicant must report changes identified in subdivision 9 while
41.18 the application is pending. When an applicant does not
41.19 accurately report information on an application, both an
41.20 overpayment and a referral for a fraud investigation may
41.21 result. When an applicant does not provide information or
41.22 documentation, the receipt of the assistance payment may be
41.23 delayed or the application may be denied depending on the type
41.24 of information required and its effect on eligibility.
41.25 Subd. 2. [REQUIREMENT TO APPLY FOR OTHER BENEFITS.] An
41.26 applicant or participant must apply for and follow through with
41.27 appealing any denials of eligibility for benefits from other
41.28 programs for which the applicant or participant is potentially
41.29 eligible and which would, if received, offset assistance
41.30 payments. An applicant's or participant's failure to complete
41.31 application for these benefits without good cause results in
41.32 denial or termination of assistance. Good cause for failure to
41.33 apply for these benefits is allowed when circumstances beyond
41.34 the control of the applicant or participant prevent the
41.35 applicant or participant from making an application.
41.36 Subd. 3. [RESPONSIBILITY TO INQUIRE.] An applicant or
42.1 participant who does not know or is unsure whether a given
42.2 change in circumstances will affect the applicant's or
42.3 participant's MFIP-S eligibility or assistance payment must
42.4 contact the county agency for information.
42.5 Subd. 4. [PARTICIPANT'S COMPLETION OF RECERTIFICATION OF
42.6 ELIGIBILITY FORM.] A participant must complete forms prescribed
42.7 by the commissioner which are required for recertification of
42.8 eligibility according to section 256J.32, subdivision 6.
42.9 Subd. 5. [MONTHLY MFIP-S HOUSEHOLD REPORTS.] Each
42.10 assistance unit with a member who has earned income or a recent
42.11 work history, and each assistance unit that has income allocated
42.12 to it from a financially responsible person, must complete a
42.13 monthly MFIP-S household report form. "Recent work history"
42.14 means the individual received earned income in the report month
42.15 or any of the previous three calendar months even if the
42.16 earnings are excluded. To be complete, the MFIP-S household
42.17 report form must be signed and dated by the caregivers no
42.18 earlier than the last day of the reporting period. All
42.19 questions required to determine assistance payment eligibility
42.20 must be answered, and documentation of earned income must be
42.21 included.
42.22 Subd. 6. [SIX-MONTH MFIP-S HOUSEHOLD REPORT.] Assistance
42.23 units that are not required to report monthly under subdivision
42.24 5 must complete an MFIP-S household report form every six
42.25 months. To be complete, the MFIP-S household report form must
42.26 be signed and dated by the caregiver or caregivers no earlier
42.27 than the last day of the reporting period. All questions
42.28 required to determine assistance payment eligibility must be
42.29 answered and documentation of earned income must be included.
42.30 Subd. 7. [DUE DATE OF MFIP-S HOUSEHOLD REPORT.] An MFIP-S
42.31 household report form must be received by the county agency by
42.32 the eighth calendar day of the month following the reporting
42.33 period covered by the form. When the eighth calendar day of the
42.34 month falls on a weekend or holiday, the MFIP-S household report
42.35 form must be received by the county agency by the first working
42.36 day that follows the eighth calendar day. The county agency
43.1 must send a notice of termination because of a late or
43.2 incomplete MFIP-S household report form.
43.3 Subd. 8. [LATE MFIP-S HOUSEHOLD REPORT FORMS.] Paragraphs
43.4 (a) to (d) apply to the reporting requirements in subdivision 7.
43.5 (a) When a caregiver submits an incomplete MFIP-S household
43.6 report form before the last working day of the month on which a
43.7 ten-day notice of termination can be issued, the county agency
43.8 must return the incomplete form on or before the ten-day notice
43.9 deadline or any previously sent ten-day notice of termination is
43.10 invalid.
43.11 (b) When a complete MFIP-S household report form is not
43.12 received by a county agency before the last ten days of the
43.13 month in which the form is due, the county agency must send a
43.14 notice of proposed termination of assistance. When a caregiver
43.15 submits an incomplete form on or after the date a notice of
43.16 proposed termination has been sent, the termination is valid
43.17 unless the caregiver submits a complete form before the end of
43.18 the month.
43.19 (c) An assistance unit required to submit an MFIP-S
43.20 household report form is considered to have continued its
43.21 application for assistance if a complete MFIP-S household report
43.22 form is received within a calendar month after the month in
43.23 which assistance was received and assistance shall be paid for
43.24 the period beginning with the first day of the month in which
43.25 the report was due.
43.26 (d) A county agency must allow good cause exemptions from
43.27 the reporting requirements under subdivisions 5 and 6 when any
43.28 of the following factors cause a caregiver to fail to provide
43.29 the county agency with a completed MFIP-S household report form
43.30 before the end of the month in which the form is due:
43.31 (1) an employer delays completion of employment
43.32 verification;
43.33 (2) a county agency does not help a caregiver complete the
43.34 MFIP-S household report form when the caregiver asks for help;
43.35 (3) a caregiver does not receive an MFIP-S household report
43.36 form due to mistake on the part of the department or the county
44.1 agency or due to a reported change in address;
44.2 (4) a caregiver is ill, or physically or mentally
44.3 incapacitated; or
44.4 (5) some other circumstance occurs that a caregiver could
44.5 not avoid with reasonable care that prevents the caregiver from
44.6 providing a completed MFIP-S household report form before the
44.7 end of the month in which the form is due.
44.8 Subd. 9. [CHANGES THAT MUST BE REPORTED.] A caregiver must
44.9 report the changes or anticipated changes specified in clauses
44.10 (1) to (16) within ten days of the date they occur, within ten
44.11 days of the date the caregiver learns that the change will
44.12 occur, at the time of the periodic recertification of
44.13 eligibility under section 256J.32, subdivision 6, or within
44.14 eight calendar days of a reporting period as in subdivision 5 or
44.15 6, whichever occurs first. A caregiver must report other
44.16 changes at the time of the periodic recertification of
44.17 eligibility under section 256J.32, subdivision 6, or at the end
44.18 of a reporting period under subdivision 5 or 6, as applicable.
44.19 A caregiver must make these reports in writing or in person to
44.20 the county agency. When a county agency could have reduced or
44.21 terminated assistance for one or more payment months if a delay
44.22 in reporting a change specified under clauses (1) to (16) had
44.23 not occurred, the county agency must determine whether a timely
44.24 notice under section 256J.31, subdivision 4, could have been
44.25 issued on the day that the change occurred. When a timely
44.26 notice could have been issued, each month's overpayment
44.27 subsequent to that notice must be considered a client error
44.28 overpayment under section 256J.38. Changes in circumstances
44.29 which must be reported within ten days must also be reported on
44.30 the MFIP-S household report form for the reporting period in
44.31 which those changes occurred. Within ten days, a caregiver must
44.32 report:
44.33 (1) a change in initial employment;
44.34 (2) a change in initial receipt of unearned income;
44.35 (3) a recurring change in unearned income;
44.36 (4) a nonrecurring change of unearned income that exceeds
45.1 $30;
45.2 (5) the receipt of a lump sum;
45.3 (6) an increase in assets that may cause the assistance
45.4 unit to exceed asset limits;
45.5 (7) a change in the physical or mental status of an
45.6 incapacitated member of the assistance unit if the physical or
45.7 mental status is the basis of an exemption from the MFIP-S
45.8 employment and training services component;
45.9 (8) a change in employment status;
45.10 (9) a change in household composition, including births,
45.11 returns to and departures from the home of assistance unit
45.12 members and financially responsible persons, or a change in the
45.13 custody of a minor child;
45.14 (10) a change in health insurance coverage;
45.15 (11) the marriage or divorce of an assistance unit member;
45.16 (12) the death of a parent, minor child, or financially
45.17 responsible person;
45.18 (13) a change in address or living quarters of the
45.19 assistance unit;
45.20 (14) the sale, purchase, or other transfer of property;
45.21 (15) a change in school attendance of a custodial parent or
45.22 an employed child; and
45.23 (16) filing a lawsuit, a workers' compensation claim, or a
45.24 monetary claim against a third party.
45.25 Subd. 10. [COOPERATION WITH HEALTH CARE BENEFITS.] (a) The
45.26 caregiver of a minor child must cooperate with the county agency
45.27 to identify and provide information to assist the county agency
45.28 in pursuing third-party liability for medical services.
45.29 (b) A caregiver must assign to the department any rights to
45.30 health insurance policy benefits the caregiver has during the
45.31 period of MFIP-S eligibility.
45.32 (c) A caregiver must identify any third party who may be
45.33 liable for care and services available under the medical
45.34 assistance program on behalf of the applicant or participant and
45.35 all other assistance unit members.
45.36 (d) When a participant refuses to assign the rights to the
46.1 department, or when a participant refuses to identify any third
46.2 party who may be liable for care and services, the recipient
46.3 must be sanctioned as provided in section 256J.46. The
46.4 recipient is also ineligible for medical assistance for a
46.5 minimum of one month and until the recipient cooperates with the
46.6 requirements of this subdivision.
46.7 Subd. 11. [REQUIREMENT TO ASSIGN SUPPORT AND MAINTENANCE
46.8 RIGHTS.] To be eligible for MFIP-S, the caregiver must assign
46.9 all rights to child support and spousal maintenance benefits
46.10 according to section 256.74, subdivision 5, and section 256.741,
46.11 if enacted.
46.12 Subd. 12. [REQUIREMENT TO PROVIDE SOCIAL SECURITY
46.13 NUMBERS.] Each member of the assistance unit must provide the
46.14 member's social security number to the county agency except for
46.15 members of the assistance unit who are qualified aliens
46.16 according to the Illegal Immigration Reform and Immigration
46.17 Responsibility Act of 1996, Title V of the Omnibus Consolidated
46.18 Appropriations Act, Public Law Number 104-200. When a social
46.19 security number is not provided to the county agency for
46.20 verification, this requirement is satisfied when each member of
46.21 the assistance unit cooperates with the procedures for
46.22 verification of numbers, issuance of duplicate cards, and
46.23 issuance of new numbers which have been established jointly
46.24 between the Social Security Administration and the commissioner.
46.25 Section 17 is effective January 1, 1998, except the
46.26 transitional provision in section 72 applies.
46.27 Sec. 18. [256J.31] [APPLICANT AND PARTICIPANT RIGHTS AND
46.28 COUNTY AGENCY RESPONSIBILITIES.]
46.29 Subdivision 1. [RIGHT TO INFORMATION.] An applicant or
46.30 participant has the right to obtain from the county agency
46.31 information about the benefits, requirements, restrictions, and
46.32 appeal provisions of public assistance programs.
46.33 Subd. 2. [RIGHT TO AUTHORIZED REPRESENTATIVE.] An
46.34 applicant or participant has the right to designate an
46.35 authorized representative to act on the applicant's or
46.36 participant's behalf. An applicant or participant has the right
47.1 to be assisted or represented by an authorized representative in
47.2 eligibility determinations, recertification, conciliation
47.3 conferences, the fair hearing process, and any other contacts
47.4 with the county agency or the department. When a county agency
47.5 determines that it is necessary for a person to assist an
47.6 applicant or participant, the county agency must designate a
47.7 staff member to assist the applicant or participant. Upon a
47.8 request from an applicant or participant, a county agency must
47.9 provide addresses and telephone numbers of organizations that
47.10 provide legal services at low cost or no cost to low-income
47.11 persons.
47.12 Subd. 3. [RIGHT OF APPLICANT TO NOTICE.] A county agency
47.13 must notify an applicant of the disposition of the applicant's
47.14 application. The notice must be in writing and on forms
47.15 prescribed by the commissioner. The county agency must mail the
47.16 notice to the last known mailing address provided by the
47.17 applicant. When an application is denied, the county agency
47.18 must notify the applicant in writing of the reasons for the
47.19 denial, of the right to appeal, and of the right to reapply for
47.20 assistance.
47.21 Subd. 4. [PARTICIPANT'S RIGHT TO NOTICE.] A county agency
47.22 must give a participant written notice of all adverse actions
47.23 affecting the participant including payment reductions,
47.24 suspensions, terminations, and use of protective, vendor, or
47.25 two-party payments. The notice of adverse action must be on a
47.26 form prescribed or approved by the commissioner and must be
47.27 mailed to the last known mailing address provided by the
47.28 participant. The county agency must state on the notice of
47.29 adverse action the action it intends to take, the reasons for
47.30 the action, the participant's right to appeal the action, the
47.31 conditions under which assistance can be continued pending an
47.32 appeal decision, and the related consequences of the action.
47.33 Subd. 5. [MAILING OF NOTICE.] The notice of adverse action
47.34 shall be issued according to paragraphs (a) to (c).
47.35 (a) A county agency shall mail a notice of adverse action
47.36 at least ten days before the effective date of the adverse
48.1 action, except as provided in paragraphs (b) and (c).
48.2 (b) A county agency must mail a notice of adverse action at
48.3 least five days before the effective date of the adverse action
48.4 when the county agency has factual information that requires an
48.5 action to reduce, suspend, or terminate assistance based on
48.6 probable fraud.
48.7 (c) A county agency shall mail a notice of adverse action
48.8 before or on the effective date of the adverse action when the
48.9 county agency:
48.10 (1) receives the caregiver's signed monthly MFIP-S
48.11 household report form that includes information that requires
48.12 payment reduction, suspension, or termination;
48.13 (2) is informed of the death of a participant or the payee;
48.14 (3) receives a signed statement from the caregiver that
48.15 assistance is no longer wanted;
48.16 (4) receives a signed statement from the caregiver that
48.17 provides information that requires the termination or reduction
48.18 of assistance;
48.19 (5) verifies that a member of the assistance unit is absent
48.20 from the home and does not meet temporary absence provisions in
48.21 section 256J.13;
48.22 (6) verifies that a member of the assistance unit has
48.23 entered a regional treatment center or a licensed residential
48.24 facility for medical or psychological treatment or
48.25 rehabilitation;
48.26 (7) verifies that a member of an assistance unit has been
48.27 placed in foster care, and the provisions of section 256J.13,
48.28 subdivision 2, paragraph (b), do not apply; or
48.29 (8) cannot locate a caregiver.
48.30 Subd. 6. [APPEAL RIGHTS.] An applicant, participant, or
48.31 former participant has the right to request a fair hearing when
48.32 aggrieved by an action or inaction of a county agency. A
48.33 request for a fair hearing and rights pending a fair hearing are
48.34 set as specified in section 256J.40.
48.35 Subd. 7. [CASE RECORDS AVAILABLE.] A county agency must
48.36 make financial case records available to the participant or
49.1 former participant as soon as possible but no later than the
49.2 fifth business day following the date of the request. When the
49.3 participant or former participant asks for photocopies of
49.4 material from the financial case record, the county agency must
49.5 provide one copy of each page at no cost.
49.6 Subd. 8. [RIGHT TO MANAGE AFFAIRS.] Except for protective
49.7 payment provisions authorized under section 256J.39,
49.8 participants have the right to manage their own affairs.
49.9 Subd. 9. [RIGHT TO PROTECTION.] Minor caregivers have the
49.10 right to protection. The county agency must refer a minor
49.11 caregiver to the social service unit within 30 days of the date
49.12 the application is approved. The social service unit must
49.13 assist the caregiver who is less than 18 years of age to develop
49.14 a plan as specified in section 256J.54.
49.15 Subd. 10. [PROTECTION FROM GARNISHMENT.] MFIP-S grants or
49.16 earnings of a caregiver who is participating in full or
49.17 part-time employment or training shall be protected from
49.18 garnishment. This protection for earnings shall extend for a
49.19 period of six months from the date of termination from MFIP-S.
49.20 Subd. 11. [RESPONSIBILITY TO RETAIN CASE RECORDS.] The
49.21 county agency must retain financial case records and employment
49.22 and training service records for MFIP-S cases according to
49.23 chapter 13.
49.24 Section 18 is effective January 1, 1998, except the
49.25 transitional provision in section 72 applies.
49.26 Sec. 19. [256J.315] [COUNTY AND TRIBAL COOPERATION.]
49.27 The county agency must cooperate with tribal governments in
49.28 the implementation of MFIP-S to ensure that the program meets
49.29 the special needs of persons living on Indian reservations.
49.30 This cooperation must include, but is not limited to, the
49.31 sharing of MFIP-S duties including initial screening,
49.32 orientation, assessments, and provision of employment and
49.33 training services. The county agency shall encourage tribal
49.34 governments to assume duties related to MFIP-S and shall work
49.35 cooperatively with tribes that have assumed responsibility for a
49.36 portion of the MFIP-S program to expand tribal responsibilities,
50.1 if that expansion is requested by the tribe.
50.2 Section 19 is effective January 1, 1998, except the
50.3 transitional provision in section 72 applies.
50.4 Sec. 20. [256J.32] [DOCUMENTING, VERIFYING, AND
50.5 RECERTIFYING ELIGIBILITY.]
50.6 Subdivision 1. [VERIFICATION OF INFORMATION.] A county
50.7 agency must only require verification of information necessary
50.8 to determine MFIP-S eligibility and the amount of the assistance
50.9 payment.
50.10 Subd. 2. [DOCUMENTATION.] The applicant or participant
50.11 must document the information required under subdivisions 4 to 6
50.12 or authorize the county agency to verify the information. The
50.13 applicant or participant has the burden of providing documentary
50.14 evidence to verify eligibility. The county agency shall assist
50.15 the applicant or participant in obtaining required documents
50.16 when the applicant or participant is unable to do so. When an
50.17 applicant or participant and the county agency are unable to
50.18 obtain documents needed to verify information, the county agency
50.19 may accept an affidavit from an applicant or participant as
50.20 sufficient documentation.
50.21 Subd. 3. [CONTACTING THIRD PARTIES.] A county agency must
50.22 not request information about an applicant or participant that
50.23 is not of public record from a source other than county
50.24 agencies, the department, or the United States Department of
50.25 Health and Human Services without the person's prior written
50.26 consent. An applicant's signature on an application form
50.27 constitutes consent for contact with the sources specified on
50.28 the application. A county agency may use a single consent form
50.29 to contact a group of similar sources, such as banks or
50.30 insurance agencies, but the sources to be contacted must be
50.31 identified by the county agency prior to requesting an
50.32 applicant's consent.
50.33 Subd. 4. [FACTORS TO BE VERIFIED.] The county agency shall
50.34 verify the following at application:
50.35 (1) identity of adults;
50.36 (2) presence of the minor child in the home, if
51.1 questionable;
51.2 (3) relationship of a minor child to caregivers in the
51.3 assistance unit;
51.4 (4) age, if necessary to determine MFIP-S eligibility;
51.5 (5) immigration status;
51.6 (6) social security number in accordance with the
51.7 requirements of section 256J.30, subdivision 12;
51.8 (7) income;
51.9 (8) self-employment expenses used as a deduction;
51.10 (9) source and purpose of deposits and withdrawals from
51.11 business accounts;
51.12 (10) spousal support and child support payments made to
51.13 persons outside the household;
51.14 (11) real property;
51.15 (12) vehicles;
51.16 (13) checking and savings accounts;
51.17 (14) savings certificates, savings bonds, stocks, and
51.18 individual retirement accounts;
51.19 (15) pregnancy, if related to eligibility;
51.20 (16) inconsistent information, if related to eligibility;
51.21 (17) medical insurance;
51.22 (18) anticipated graduation date of an 18-year-old;
51.23 (19) burial accounts;
51.24 (20) school attendance, if related to eligibility; and
51.25 (21) residence.
51.26 Subd. 5. [VERIFICATION OF IMMIGRATION STATUS.] An
51.27 applicant's written authorization is required before the county
51.28 agency contacts the Immigration and Naturalization Service to
51.29 verify immigration status under subdivision 4, clause (5).
51.30 However, refusal to provide such authorization is grounds for a
51.31 finding of ineligibility if the applicant fails to produce proof
51.32 of eligible immigration status.
51.33 Subd. 5a. [INCONSISTENT INFORMATION.] When the county
51.34 agency verifies inconsistent information under subdivision 4,
51.35 clause (16), or under subdivision 6, clause (4), the reason for
51.36 verifying the information must be documented in the financial
52.1 case record.
52.2 Subd. 6. [RECERTIFICATION.] The county agency shall
52.3 recertify eligibility in an annual face-to-face interview with
52.4 the participant and verify the following:
52.5 (1) presence of the minor child in the home, if
52.6 questionable;
52.7 (2) income, including self-employment expenses used as a
52.8 deduction or deposits or withdrawals from business accounts;
52.9 (3) assets, when the value is within $200 of the asset
52.10 limit; and
52.11 (4) inconsistent information, if related to eligibility.
52.12 Section 20 is effective January 1, 1998, except the
52.13 transitional provision in section 72 applies.
52.14 Sec. 21. [256J.33] [PROSPECTIVE AND RETROSPECTIVE
52.15 DETERMINATION OF MFIP-S ELIGIBILITY.]
52.16 Subdivision 1. [DETERMINATION OF ELIGIBILITY.] A county
52.17 agency must determine MFIP-S eligibility prospectively for a
52.18 payment month based on retrospectively assessing income and the
52.19 county agency's best estimate of the circumstances that will
52.20 exist in the payment month.
52.21 Except as described in section 256J.34, subdivision 1, when
52.22 prospective eligibility exists, a county agency must calculate
52.23 the amount of the assistance payment using retrospective
52.24 budgeting. To determine MFIP-S eligibility and the assistance
52.25 payment amount, a county agency must apply countable income,
52.26 described in section 256J.37, subdivisions 3 to 10, received by
52.27 members of an assistance unit or by other persons whose income
52.28 is counted for the assistance unit, described under section
52.29 256J.21 and 256J.37, subdivisions 1 and 2.
52.30 This income must be applied to the transitional standard or
52.31 family wage standard subject to this section and sections
52.32 256J.34 to 256J.36. Income received in a calendar month and not
52.33 otherwise excluded under section 256J.21, subdivision 2, must be
52.34 applied to the needs of an assistance unit.
52.35 Subd. 2. [PROSPECTIVE ELIGIBILITY.] A county agency must
52.36 determine whether the eligibility requirements that pertain to
53.1 an assistance unit, including those in sections 256J.10 to
53.2 256J.15 and 256J.20, will be met prospectively for the payment
53.3 month. Except for the provisions in section 256J.34,
53.4 subdivision 1, the income test will be applied retrospectively.
53.5 Subd. 3. [RETROSPECTIVE ELIGIBILITY.] After the first two
53.6 months of MFIP-S eligibility, a county agency must continue to
53.7 determine whether an assistance unit is prospectively eligible
53.8 for the payment month by looking at all factors other than
53.9 income and then determining whether the assistance unit is
53.10 retrospectively income eligible by applying the monthly income
53.11 test to the income from the budget month. When the monthly
53.12 income test is not satisfied, the assistance payment must be
53.13 suspended when ineligibility exists for one month or ended when
53.14 ineligibility exists for more than one month.
53.15 Subd. 4. [MONTHLY INCOME TEST.] A county agency must apply
53.16 the monthly income test retrospectively for each month of MFIP-S
53.17 eligibility. An assistance unit is not eligible when the
53.18 countable income equals or exceeds the transitional standard or
53.19 the family wage level for the assistance unit. The income
53.20 applied against the monthly income test must include:
53.21 (1) gross earned income from employment, prior to mandatory
53.22 payroll deductions, voluntary payroll deductions, wage
53.23 authorizations, and after the disregards in section 256J.21,
53.24 subdivision 3, and the allocations in section 256J.36, unless
53.25 the employment income is specifically excluded under section
53.26 256J.21, subdivision 2;
53.27 (2) gross earned income from self-employment less
53.28 deductions for self-employment expenses in section 256J.37,
53.29 subdivision 5, but prior to any reductions for personal or
53.30 business state and federal income taxes, personal FICA, personal
53.31 health and life insurance, and after the disregards in section
53.32 256J.21, subdivision 3, and the allocations in section 256J.36;
53.33 (3) unearned income after deductions for allowable expenses
53.34 in section 256J.37, subdivision 9, and allocations in section
53.35 256J.36, unless the income has been specifically excluded in
53.36 section 256J.21, subdivision 2;
54.1 (4) gross earned income from employment as determined under
54.2 clause (1) which is received by a member of an assistance unit
54.3 who is a minor child and less than a half-time student;
54.4 (5) child support and spousal support received or
54.5 anticipated to be received by an assistance unit;
54.6 (6) the income of a parent when that parent is not included
54.7 in the assistance unit;
54.8 (7) the income of an eligible relative and the relative's
54.9 spouse who seek to be included in the assistance unit; and
54.10 (8) the unearned income of a minor child included in the
54.11 assistance unit.
54.12 Subd. 5. [WHEN TO TERMINATE ASSISTANCE.] When an
54.13 assistance unit is ineligible for MFIP-S assistance for two
54.14 consecutive months, the county agency must terminate MFIP-S
54.15 assistance.
54.16 Section 21 is effective January 1, 1998, except the
54.17 transitional provision in section 72 applies.
54.18 Sec. 22. [256J.34] [CALCULATING PAYMENTS; SIGNIFICANT
54.19 CHANGE; INCOME AVERAGING.]
54.20 Subdivision 1. [PROSPECTIVE BUDGETING.] A county agency
54.21 must use prospective budgeting to calculate the assistance
54.22 payment amount for the first two months for an applicant who has
54.23 not received assistance in this state for at least one payment
54.24 month preceding the first month of payment under a current
54.25 application. Prospective budgeting is not subject to
54.26 overpayments or underpayments unless fraud is determined under
54.27 section 256.98.
54.28 (a) The county agency must apply the income received or
54.29 anticipated in the first month of MFIP-S eligibility against the
54.30 need of the first month. The county agency must apply the
54.31 income received or anticipated in the second month against the
54.32 need of the second month.
54.33 (b) When the assistance payment for any part of the first
54.34 two months is based on anticipated income, the county agency
54.35 must base the initial assistance payment amount on the
54.36 information available at the time the initial assistance payment
55.1 is made.
55.2 (c) The county agency must determine the assistance payment
55.3 amount for the first two months of MFIP-S eligibility by
55.4 budgeting both recurring and nonrecurring income for those two
55.5 months.
55.6 (d) The county agency must budget the child support income
55.7 received or anticipated to be received by an assistance unit to
55.8 determine the assistance payment amount from the month of
55.9 application through the date in which MFIP-S eligibility is
55.10 determined and assistance is authorized. Child support income
55.11 which has been budgeted to determine the assistance payment in
55.12 the initial two months is considered nonrecurring income. An
55.13 assistance unit must forward any payment of child support to the
55.14 child support enforcement unit of the county agency following
55.15 the date in which assistance is authorized.
55.16 Subd. 2. [RETROSPECTIVE BUDGETING.] The county agency must
55.17 use retrospective budgeting to calculate the monthly assistance
55.18 payment amount after the payment for the first two months has
55.19 been made under subdivision 1.
55.20 Subd. 3. [ADDITIONAL USES OF RETROSPECTIVE
55.21 BUDGETING.] Notwithstanding subdivision 1, the county agency
55.22 must use retrospective budgeting to calculate the monthly
55.23 assistance payment amount for the first two months under
55.24 paragraphs (a) and (b).
55.25 (a) The county agency must use retrospective budgeting to
55.26 determine the amount of the assistance payment in the first two
55.27 months of MFIP-S eligibility:
55.28 (1) when an assistance unit applies for assistance for the
55.29 same month for which assistance has been interrupted, the
55.30 interruption in eligibility is less than one payment month, the
55.31 assistance payment for the preceding month was issued in this
55.32 state, and the assistance payment for the immediately preceding
55.33 month was determined retrospectively; or
55.34 (2) when a person applies in order to be added to an
55.35 assistance unit, that assistance unit has received assistance in
55.36 this state for at least the two preceding months, and that
56.1 person has been living with and has been financially responsible
56.2 for one or more members of that assistance unit for at least the
56.3 two preceding months.
56.4 (b) Except as provided in clauses (1) to (4), the county
56.5 agency must use retrospective budgeting and apply income
56.6 received in the budget month by an assistance unit and by a
56.7 financially responsible household member who is not included in
56.8 the assistance unit against the appropriate transitional or
56.9 family wage level standard to determine the assistance payment
56.10 to be issued for the payment month.
56.11 (1) When a source of income ends prior to the third payment
56.12 month, that income is not considered in calculating the
56.13 assistance payment for that month. When a source of income ends
56.14 prior to the fourth payment month, that income is not considered
56.15 when determining the assistance payment for that month.
56.16 (2) When a member of an assistance unit or a financially
56.17 responsible household member leaves the household of the
56.18 assistance unit, the income of that departed household member is
56.19 not budgeted retrospectively for any full payment month in which
56.20 that household member does not live with that household and is
56.21 not included in the assistance unit.
56.22 (3) When an individual is removed from an assistance unit
56.23 because the individual is no longer a minor child, the income of
56.24 that individual is not budgeted retrospectively for payment
56.25 months in which that individual is not a member of the
56.26 assistance unit, except that income of an ineligible child in
56.27 the household must continue to be budgeted retrospectively
56.28 against the child's needs when the parent or parents of that
56.29 child request allocation of their income against any unmet needs
56.30 of that ineligible child.
56.31 (4) When a person ceases to have financial responsibility
56.32 for one or more members of an assistance unit, the income of
56.33 that person is not budgeted retrospectively for the payment
56.34 months which follow the month in which financial responsibility
56.35 ends.
56.36 Subd. 4. [SIGNIFICANT CHANGE IN GROSS INCOME.] The county
57.1 agency must recalculate the assistance payment when an
57.2 assistance unit experiences a significant change, as defined in
57.3 section 256J.08, resulting in a reduction in the gross income
57.4 received in the payment month from the gross income received in
57.5 the budget month. The county agency must issue a supplemental
57.6 assistance payment based on the county agency's best estimate of
57.7 the assistance unit's income and circumstances for the payment
57.8 month. Budget adjustments that result from significant changes
57.9 are limited to two in a 12-month period regardless of the reason
57.10 for the change. Budget adjustments due to a significant change
57.11 in the amount of direct support received must not be made after
57.12 the date the assistance unit is required to forward support to
57.13 the child support enforcement unit under subdivision 1,
57.14 paragraph (d).
57.15 Subd. 5. [INCOME AVERAGING FOR PARTICIPANTS PAID WEEKLY OR
57.16 BIWEEKLY.] For the purposes of stabilizing assistance payments,
57.17 the county agency may average income for participants paid
57.18 weekly or biweekly. Monthly income may be computed by adding
57.19 income from all paychecks, dividing the sum by the number of
57.20 paychecks, and multiplying the results by 4.3 if paychecks are
57.21 weekly or 2.16 if paychecks are biweekly. The county agency may
57.22 not use income averaging unless discussed with the participant
57.23 and requested by the participant.
57.24 Section 22 is effective January 1, 1998, except the
57.25 transitional provision in section 72 applies.
57.26 Sec. 23. [256J.35] [AMOUNT OF ASSISTANCE PAYMENT.]
57.27 Except as provided in paragraphs (a) to (c), the amount of
57.28 an assistance payment is equal to the difference between the
57.29 transitional standard or the family wage level in section
57.30 256J.24 and countable income.
57.31 (a) When MFIP-S eligibility exists for the month of
57.32 application, the amount of the assistance payment for the month
57.33 of application must be prorated from the date of application or
57.34 the date all other eligibility factors are met for that
57.35 applicant, whichever is later. This provision applies when an
57.36 applicant loses at least one day of MFIP-S eligibility.
58.1 (b) MFIP-S overpayments to an assistance unit must be
58.2 recouped according to section 256J.38, subdivision 4.
58.3 (c) An initial assistance payment must not be made to an
58.4 applicant who is not eligible on the date payment is made.
58.5 Section 23 is effective January 1, 1998, except the
58.6 transitional provision in section 72 applies.
58.7 Sec. 24. [256J.36] [ALLOCATION FOR UNMET NEED OF OTHER
58.8 HOUSEHOLD MEMBERS.]
58.9 Except as prohibited in paragraphs (a) and (b), an
58.10 allocation of income is allowed to meet the unmet need of an
58.11 ineligible spouse or an ineligible child under the age of 21 for
58.12 whom the caregiver is financially responsible who also lives
58.13 with the caregiver. An allocation is allowed from the
58.14 caregiver's income to meet the need of an ineligible or excluded
58.15 person. That allocation is allowed in an amount up to the
58.16 difference between the MFIP-S family allowance for the
58.17 assistance unit when that excluded or ineligible person is
58.18 included in the assistance unit and the MFIP-S family allowance
58.19 for the assistance unit when the excluded or ineligible person
58.20 is not included in the assistance unit. These allocations must
58.21 be deducted from the caregiver's counted earnings and from
58.22 unearned income subject to paragraphs (a) and (b).
58.23 (a) Income of a minor child in the assistance unit must not
58.24 be allocated to meet the need of a person who is not a member of
58.25 the assistance unit, including the child's parent, even when
58.26 that parent is the payee of the child's income.
58.27 (b) Income of an assistance unit must not be allocated to
58.28 meet the needs of a person ineligible for failure to cooperate
58.29 with program requirements including child support requirements,
58.30 a person ineligible due to fraud, or a relative caregiver and
58.31 his or her spouse who opt out of the assistance unit.
58.32 Section 24 is effective January 1, 1998, except the
58.33 transitional provision in section 72 applies.
58.34 Sec. 25. [256J.37] [TREATMENT OF INCOME AND LUMP SUMS.]
58.35 Subdivision 1. [DEEMED INCOME FROM INELIGIBLE HOUSEHOLD
58.36 MEMBERS.] (a) The income of ineligible household members must be
59.1 deemed after allowing the following disregards:
59.2 (1) the first 18 percent of the excluded family member's
59.3 gross earned income;
59.4 (2) amounts the ineligible person actually paid to
59.5 individuals not living in the same household but whom the
59.6 ineligible person claims as dependents for determining federal
59.7 personal income tax liability;
59.8 (3) child or spousal support paid to a person who lives
59.9 outside of the household; and
59.10 (4) an amount for the needs of other persons who live in
59.11 the household but are not included in the assistance unit and
59.12 are or could be claimed by an ineligible person as dependents
59.13 for determining federal personal income tax liability. This
59.14 amount is equal to the difference between the MFIP-S need
59.15 standard when the excluded person is included in the assistance
59.16 unit and the MFIP-S need standard when the excluded person is
59.17 not included in the assistance unit.
59.18 This subdivision is effective January 1, 1998, except the
59.19 transitional provision in section 72 applies.
59.20 Subd. 2. [DEEMED INCOME OF SPONSOR OF NONCITIZENS.] (a)
59.21 All income of a sponsor, or sponsor's spouse, who executed an
59.22 affidavit of support for a noncitizen must be deemed to be
59.23 unearned income of the noncitizen as specified in the Personal
59.24 Responsibility and Work Opportunity Reconciliation Act of 1996
59.25 and any implementing regulations.
59.26 (b) The income of a sponsor who executed an affidavit of
59.27 support for a noncitizen prior to the promulgation of the
59.28 affidavit of support under the Personal Responsibility and Work
59.29 Opportunity Reconciliation Act of 1996, must be deemed to be
59.30 unearned income of the noncitizen after allowing the following
59.31 exclusions:
59.32 (1) 20 percent of the combined gross earned income of the
59.33 sponsor and the sponsor's spouse up to a maximum of $175 per
59.34 month;
59.35 (2) an amount for the needs of the sponsor, the sponsor's
59.36 spouse, and other individuals, living in the sponsor's home, who
60.1 could be claimed by the sponsor or the sponsor's spouse as
60.2 dependents for determining federal personal income tax
60.3 liability, which is equal to the MFIP-S need standard for a
60.4 comparable family unit;
60.5 (3) amounts the sponsor and the sponsor's spouse actually
60.6 paid to individuals not living in the same household but whom
60.7 the sponsor or the sponsor's spouse claim as dependents for
60.8 determining federal personal income tax liability; and
60.9 (4) child or spousal support paid by the sponsor or
60.10 sponsor's spouse to a person who lives outside of the sponsor's
60.11 household.
60.12 Subd. 3. [EARNED INCOME OF WAGE, SALARY, AND CONTRACTUAL
60.13 EMPLOYEES.] The county agency must include gross earned income
60.14 less any disregards in the initial and monthly income test.
60.15 Gross earned income received by persons employed on a
60.16 contractual basis must be prorated over the period covered by
60.17 the contract even when payments are received over a lesser
60.18 period of time.
60.19 This subdivision is effective January 1, 1998, except the
60.20 transitional provision in section 72 applies.
60.21 Subd. 4. [SELF-EMPLOYMENT.] Self-employed individuals are
60.22 those who are responsible for their own work schedule and do not
60.23 have coverage under an employer's liability insurance or
60.24 workers' compensation. Self-employed individuals generally work
60.25 for themselves rather than an employer. However, individuals
60.26 employed in some types of services may be self-employed even if
60.27 they have an employer or work out of another's business
60.28 location. For example, real estate sales people, individuals
60.29 who work for commission sales, manufacturer's representatives,
60.30 and independent contractors may be self-employed. Self-employed
60.31 individuals may or may not have FICA deducted from the check
60.32 issued to them by an employer or another party.
60.33 Self-employed individuals may own a business singularly or
60.34 in partnership. Individuals operating more than one
60.35 self-employment business may use the loss from one business to
60.36 offset self-employment income from another business. A loss
61.1 from a self-employment business may not offset income earned
61.2 under subdivision 3.
61.3 This subdivision is effective January 1, 1998, except the
61.4 transitional provision in section 72 applies.
61.5 Subd. 5. [SELF-EMPLOYMENT EARNINGS.] (a) The county agency
61.6 must determine self-employment income as provided in this
61.7 paragraph. The county agency must subtract allowable business
61.8 expenses from total gross receipts. Allowable business expenses
61.9 include:
61.10 (1) interest on mortgages and loans;
61.11 (2) employee wages, except for persons who are part of the
61.12 assistance unit or whose income is deemed to the participant;
61.13 (3) FICA funds paid on employees' wages, payment of
61.14 employee workers' compensation, and reemployment insurance;
61.15 (4) livestock and veterinary or breeding fees;
61.16 (5) raw material;
61.17 (6) seed and fertilizer;
61.18 (7) maintenance and repairs that are not capital
61.19 expenditures;
61.20 (8) tax return preparation fees;
61.21 (9) license fees, professional fees, franchise fees, and
61.22 professional dues;
61.23 (10) tools and supplies that are not capital expenditures;
61.24 (11) fuel and transportation expenses other than fuel costs
61.25 covered by the flat rate transportation deduction;
61.26 (12) advertising costs;
61.27 (13) meals eaten when required to be away from the local
61.28 work site;
61.29 (14) property expenses such as rent, insurance, taxes, and
61.30 utilities;
61.31 (15) postage;
61.32 (16) purchase cost of inventory at time of sale;
61.33 (17) loss from another self-employment business;
61.34 (18) attorney's fees allowed by the Internal Revenue
61.35 Service; and
61.36 (19) tuition for classes necessary to maintain or improve
62.1 job skills or required by law to maintain job status or salary
62.2 as allowed by the Internal Revenue Service.
62.3 (b) The county agency shall not allow a deduction for the
62.4 following expenses:
62.5 (1) purchases of capital assets;
62.6 (2) payments on the principals of loans for capital assets;
62.7 (3) depreciation;
62.8 (4) amortization;
62.9 (5) the wholesale costs of items purchased, processed, or
62.10 manufactured which are unsold inventory;
62.11 (6) transportation costs that exceed the maximum standard
62.12 mileage rate allowed for use of a personal car in the Internal
62.13 Revenue Code;
62.14 (7) costs, in any amount, for mileage between an
62.15 applicant's or participant's home and place of employment;
62.16 (8) salaries and other employment deductions made for
62.17 members of an assistance unit or persons who live in the
62.18 household for whom an employer is legally responsible;
62.19 (9) monthly expenses in excess of $71 for each roomer;
62.20 (10) monthly expenses in excess of the Thrifty Food Plan
62.21 amount for one person for each boarder. For purposes of this
62.22 clause and clause (11), "Thrifty Food Plan" has the meaning
62.23 given it in Code of Federal Regulations.
62.24 (11) monthly expenses in excess of the roomer rate plus the
62.25 Thrifty Food Plan amount for one person for each
62.26 roomer-boarder. If there is more than one boarder or
62.27 roomer-boarder, the total number of boarders must be used as the
62.28 unit size to determine the Thrifty Food Plan amount;
62.29 (12) an amount greater than actual expenses or two percent
62.30 of the estimated market value on a county tax assessment form,
62.31 whichever is greater, as a deduction for upkeep and repair
62.32 against rental income;
62.33 (13) expenses not allowed by the Internal Revenue Code;
62.34 (14) expenses in excess of 60 percent of gross receipts for
62.35 in-home child care unless a higher amount can be documented; and
62.36 (15) expenses that are reimbursed under the child and adult
63.1 care food program as authorized under the National School Lunch
63.2 Act, United States Code, title 42, section 1766.
63.3 This subdivision is effective January 1, 1998, except the
63.4 transitional provision in section 72 applies.
63.5 Subd. 6. [SELF-EMPLOYMENT BUDGET PERIOD.] The
63.6 self-employment budget period begins in the month of application
63.7 or in the first month of self-employment. Gross receipts must
63.8 be budgeted in the month received. Expenses must be budgeted
63.9 against gross receipts in the month the expenses are paid,
63.10 except for paragraphs (a) to (c).
63.11 (a) The purchase cost of inventory items, including
63.12 materials which are processed or manufactured, must be deducted
63.13 as an expense at the time payment is received for the sale of
63.14 the inventory items.
63.15 (b) A 12-month rolling average based on clauses (1) to (3)
63.16 must be used to budget monthly income.
63.17 (1) For a business in operation for at least 12 months, the
63.18 county agency shall use the average monthly self-employment
63.19 income from the most current income tax return for the taxable
63.20 year before the month of application. The county agency shall
63.21 determine a new monthly average by adding in the actual
63.22 self-employment income and expenses from the previous month and
63.23 dropping the first month from the averaging period.
63.24 (2) For a business in operation for less than 12 months,
63.25 the county agency shall compute the average for the number of
63.26 months the business has been in operation to determine a monthly
63.27 average. When data are available for 12 or more months, average
63.28 monthly self-employment income is determined under clause (1).
63.29 (3) If the business undergoes a major change, the county
63.30 agency shall compute a new rolling average beginning with the
63.31 first month of the major change. For the purpose of this
63.32 clause, "major change" means a change that affects the nature
63.33 and scale of the business and is not merely the result of normal
63.34 business fluctuations.
63.35 (c) For seasonal self-employment, the participant may
63.36 choose whether to use actual income in the month of receipt and
64.1 expenses in the month incurred or the rolling average method of
64.2 computation. The choice must be made once per year at the time
64.3 of application or recertification. For the purpose of this
64.4 paragraph, seasonal means working six or less months per year.
64.5 This subdivision is effective January 1, 1998, except the
64.6 transitional provision in section 72 applies.
64.7 Subd. 7. [FARM INCOME.] Farm income is the difference
64.8 between gross receipts and operating expenses. The county
64.9 agency must not allow a deduction for expenses listed in
64.10 subdivision 5, paragraph (b). Gross receipts include sales,
64.11 rents, subsidies, soil conservation payments, production derived
64.12 from livestock, and income from home-produced food.
64.13 This subdivision is effective January 1, 1998, except the
64.14 transitional provision in section 72 applies.
64.15 Subd. 8. [RENTAL INCOME.] The county agency must treat
64.16 income from rental property as earned or unearned income.
64.17 Income from rental property is unearned income unless the
64.18 assistance unit spends an average of ten hours per week on
64.19 maintenance or management of the property. When the owner
64.20 spends more than ten hours per week on maintenance or repairs,
64.21 the earnings are considered self-employment earnings. An amount
64.22 must be deducted for upkeep and repairs, as limited by
64.23 subdivision 5, paragraph (b), clause (12), real estate taxes,
64.24 insurance, utilities, and interest on principal payments. When
64.25 the applicant or participant lives on the rental property,
64.26 expenses for upkeep, taxes, insurance, utilities, and interest
64.27 must be divided by the number of rooms to determine expense per
64.28 room and expenses deducted must be deducted only for the number
64.29 of rooms rented.
64.30 This subdivision is effective January 1, 1998, except the
64.31 transitional provision in section 72 applies.
64.32 Subd. 9. [UNEARNED INCOME.] (a) The county agency must
64.33 apply unearned income, including housing subsidies as specified
64.34 in paragraph (b), to the transitional standard. When
64.35 determining the amount of unearned income, the county agency
64.36 must deduct the costs necessary to secure payments of unearned
65.1 income. These costs include legal fees, medical fees, and
65.2 mandatory deductions such as federal and state income taxes.
65.3 (b) Effective January 1, 1998, the county agency shall
65.4 count $100 of the value of public and assisted rental subsidies
65.5 provided by the Department of Housing and Urban Development
65.6 (HUD) through state or local housing authorities, as unearned
65.7 income. The full amount of the subsidy must be counted as
65.8 unearned income when the subsidy is less than $100.
65.9 This subdivision is effective January 1, 1998, except the
65.10 transitional provision in section 72 applies.
65.11 Subd. 10. [TREATMENT OF LUMP SUMS.] The county agency must
65.12 treat lump-sum payments as earned or unearned income. If the
65.13 lump-sum payment is included in the category of income
65.14 identified in subdivision 9, it must be treated as unearned
65.15 income. A lump sum is counted as income in the month received
65.16 and budgeted either prospectively or retrospectively depending
65.17 on the budget cycle at the time of receipt. When an individual
65.18 receives a lump-sum payment, that lump sum must be combined with
65.19 all other earned and unearned income received in the same budget
65.20 month, and it must be applied according to paragraphs (a) to (c).
65.21 A lump sum may not be carried over into subsequent months. Any
65.22 funds that remain in the third month after the month of receipt
65.23 are counted in the asset limit.
65.24 (a) For a lump sum received by an applicant during the
65.25 first two months, prospective budgeting is used to determine the
65.26 payment and the lump sum must be combined with other earned or
65.27 unearned income received and budgeted in that prospective month.
65.28 (b) For a lump sum received by a participant after the
65.29 first two months of MFIP-S eligibility, the lump sum must be
65.30 combined with other income received in that budget month, and
65.31 the combined amount must be applied retrospectively against the
65.32 applicable payment month.
65.33 (c) When a lump sum, combined with other income under
65.34 paragraphs (a) and (b), is less than the transitional standard
65.35 for the applicable payment month, the assistance payment must be
65.36 reduced according to the amount of the countable income. When
66.1 the countable income is greater than the transitional standard
66.2 or the family wage standard, the assistance payment must be
66.3 suspended for the payment month.
66.4 This subdivision is effective January 1, 1998, except the
66.5 transitional provision in section 72 applies.
66.6 Sec. 26. [256J.38] [CORRECTION OF OVERPAYMENTS AND
66.7 UNDERPAYMENTS.]
66.8 Subdivision 1. [SCOPE OF OVERPAYMENT.] When a participant
66.9 or former participant receives an overpayment due to agency,
66.10 client, or ATM error, or due to assistance received while an
66.11 appeal is pending and the participant or former participant is
66.12 determined ineligible for assistance or for less assistance than
66.13 was received, the county agency must recoup or recover the
66.14 overpayment under the conditions of this section.
66.15 Subd. 2. [NOTICE OF OVERPAYMENT.] When a county agency
66.16 discovers that a participant or former participant has received
66.17 an overpayment for one or more months, the county agency must
66.18 notify the participant or former participant of the overpayment
66.19 in writing. A notice of overpayment must specify the reason for
66.20 the overpayment, the authority for citing the overpayment, the
66.21 time period in which the overpayment occurred, the amount of the
66.22 overpayment, and the participant's or former participant's right
66.23 to appeal. No limit applies to the period in which the county
66.24 agency is required to recoup or recover an overpayment according
66.25 to subdivisions 3 and 4.
66.26 Subd. 3. [RECOVERING OVERPAYMENTS FROM FORMER
66.27 PARTICIPANTS.] A county agency must initiate efforts to recover
66.28 overpayments paid to a former participant. Adults and minor
66.29 caregivers of an assistance unit at the time an overpayment
66.30 occurs, whether receiving assistance or not, are jointly and
66.31 individually liable for repayment of the overpayment. The
66.32 county agency must request repayment from the former
66.33 participants. When an agreement for repayment is not completed
66.34 within six months of the date of discovery or when there is a
66.35 default on an agreement for repayment after six months, the
66.36 county agency must initiate recovery consistent with chapter
67.1 270A, or section 541.05. When a person has been convicted of
67.2 fraud under section 256.98, recovery must be sought regardless
67.3 of the amount of overpayment. When an overpayment is less than
67.4 $35, and is not the result of a fraud conviction under section
67.5 256.98, the county agency must not seek recovery under this
67.6 subdivision. The county agency must retain information about
67.7 all overpayments regardless of the amount. When an adult or
67.8 minor caregiver reapplies for assistance, the overpayment must
67.9 be recouped under subdivision 4.
67.10 Subd. 4. [RECOUPING OVERPAYMENTS FROM PARTICIPANTS.] A
67.11 participant may voluntarily repay, in part or in full, an
67.12 overpayment even if assistance is reduced under this
67.13 subdivision, until the total amount of the overpayment is
67.14 repaid. When an overpayment occurs, the county agency must
67.15 recover ten percent of the transitional standard or the amount
67.16 of the monthly assistance payment, whichever is less.
67.17 Subd. 5. [RECOVERING AUTOMATIC TELLER MACHINE ERRORS.] For
67.18 recipients receiving benefits via electronic benefit transfer,
67.19 if the overpayment is a result of an ATM dispensing funds in
67.20 error to the recipient, the agency may recover the ATM error by
67.21 immediately withdrawing funds from the recipient's electronic
67.22 benefit transfer account, up to the amount of the error.
67.23 Subd. 6. [SCOPE OF UNDERPAYMENTS.] A county agency must
67.24 issue a corrective payment for underpayments made to a
67.25 participant or to a person who would be a participant if an
67.26 agency or client error causing the underpayment had not occurred.
67.27 The county agency must issue the corrective payment according to
67.28 subdivision 8.
67.29 Subd. 7. [IDENTIFYING THE UNDERPAYMENT.] An underpayment
67.30 may be identified by a county agency, by a participant, by a
67.31 former participant, or by a person who would be a participant
67.32 except for agency or client error.
67.33 Subd. 8. [ISSUING CORRECTIVE PAYMENTS.] A county agency
67.34 must correct an underpayment within seven calendar days after
67.35 the underpayment has been identified, by adding the corrective
67.36 payment amount to the monthly assistance payment of the
68.1 participant or by issuing a separate payment to a participant or
68.2 former participant, or by reducing an existing overpayment
68.3 balance. When an underpayment occurs in a payment month and is
68.4 not identified until the next payment month or later, the county
68.5 agency must first subtract the underpayment from any overpayment
68.6 balance before issuing the corrective payment. The county
68.7 agency must not apply an underpayment in a current payment month
68.8 against an overpayment balance. When an underpayment in the
68.9 current payment month is identified, the corrective payment must
68.10 be issued within seven calendar days after the underpayment is
68.11 identified.
68.12 Subd. 9. [APPEALS.] A participant may appeal an
68.13 underpayment, an overpayment, and a reduction in an assistance
68.14 payment made to recoup the overpayment under subdivision 4. The
68.15 participant's appeal of each issue must be timely under section
68.16 256.045. When an appeal based on the notice issued under
68.17 subdivision 2 is not timely, the fact or the amount of that
68.18 overpayment must not be considered as a part of a later appeal,
68.19 including an appeal of a reduction in an assistance payment to
68.20 recoup that overpayment.
68.21 This subdivision is effective January 1, 1998, except the
68.22 transitional provision in section 72 applies.
68.23 Sec. 27. [256J.39] [PAYMENT PROVISIONS; VENDOR PAYMENTS.]
68.24 Subdivision 1. [PAYMENT POLICY.] The following policies
68.25 apply to monthly assistance payments and corrective payments:
68.26 (1) Grant payments may be issued in the form of warrants
68.27 immediately redeemable in cash, electronic benefits transfer, or
68.28 by direct deposit into the recipient's account in a financial
68.29 institution.
68.30 (2) The commissioner shall mail assistance payment checks
68.31 to the address where a caregiver lives unless the county agency
68.32 approves an alternate arrangement.
68.33 (3) The commissioner shall mail monthly assistance payment
68.34 checks within time to allow postal service delivery to occur no
68.35 later than the first day of each month. Monthly assistance
68.36 payment checks must be dated the first day of the month. The
69.1 commissioner shall issue electronic benefits transfer payments
69.2 so that caregivers have access to the payments no later than the
69.3 first of the month.
69.4 (4) The commissioner shall issue replacement checks
69.5 promptly, but no later than seven calendar days after the
69.6 provisions of sections 16A.46; 256.01, subdivision 11; and
69.7 471.415 have been met.
69.8 Subd. 2. [PROTECTIVE AND VENDOR PAYMENTS.] Alternatives to
69.9 paying assistance directly to a participant may be used when:
69.10 (1) a county agency determines that a vendor payment is the
69.11 most effective way to resolve an emergency situation pertaining
69.12 to basic needs;
69.13 (2) a caregiver makes a written request to the county
69.14 agency asking that part or all of the assistance payment be
69.15 issued by protective or vendor payments for shelter and utility
69.16 service only. The caregiver may withdraw this request in
69.17 writing at any time;
69.18 (3) a caregiver has exhibited a continuing pattern of
69.19 mismanaging funds as determined by the county agency;
69.20 (4) the vendor payment is part of a sanction under section
69.21 256J.46, subdivision 2; or
69.22 (5) the vendor payment is required under section 256J.24 or
69.23 256J.43.
69.24 The director of a county agency must approve a proposal for
69.25 protective or vendor payment for money mismanagement. During
69.26 the time a protective or vendor payment is being made, the
69.27 county agency must provide services designed to alleviate the
69.28 causes of the mismanagement.
69.29 The continuing need for and method of payment must be
69.30 documented and reviewed every 12 months. The director of a
69.31 county agency must approve the continuation of protective or
69.32 vendor payments.
69.33 When it appears that the need for protective or vendor
69.34 payments will continue or is likely to continue beyond two years
69.35 because the county agency's efforts have not resulted in
69.36 sufficiently improved use of assistance on behalf of the minor
70.1 child, judicial appointment of a legal guardian or other legal
70.2 representative must be sought by the county agency.
70.3 Subd. 3. [CHOOSING PAYEES FOR PROTECTIVE OR VENDOR
70.4 PAYMENTS.] A county agency shall consult with a caregiver
70.5 regarding the selection of the form of payment, the selection of
70.6 a protective payee, and the distribution of the assistance
70.7 payment to meet the various costs incurred by the assistance
70.8 unit. When choosing a protective payee, the county agency shall
70.9 notify the caregiver of a consultation date. If the caregiver
70.10 fails to respond to the county agency's request for consultation
70.11 by the effective date on the notice, the county agency must
70.12 choose a protective payee for that payment month and subsequent
70.13 payment months until the caregiver responds to the agency's
70.14 request for consultation. The county agency must notify the
70.15 caregiver of the right to appeal the determination that a
70.16 protective or vendor payment should be made or continued and to
70.17 appeal the selection of the payee. If a county agency is not
70.18 able to find another protective payee, a county agency staff
70.19 member may serve as a protective payee. The following persons
70.20 may not serve as protective payees: a member of the county
70.21 board of commissioners; the county agency staff member
70.22 determining financial eligibility for the family; special
70.23 investigative or resource staff; the staff member handling
70.24 accounting or fiscal processes related to the participant; or a
70.25 landlord, grocer, or other vendor dealing directly with the
70.26 participant.
70.27 Subd. 4. [DISCONTINUING PROTECTIVE OR VENDOR PAYMENTS.] A
70.28 county agency shall discontinue protective or vendor payments in
70.29 two years or in the month following the county agency's failure
70.30 to grant six-month approval to a money management plan,
70.31 whichever occurs first. At least once every 12 months, a county
70.32 agency shall review the performance of a protective payee acting
70.33 under subdivision 2, clause (3), to determine whether a new
70.34 payee should be selected. When a participant complains about
70.35 the performance of a protective payee, a review shall occur
70.36 within 30 calendar days.
71.1 Section 27 is effective January 1, 1998, except the
71.2 transitional provision in section 72 applies.
71.3 Sec. 28. [256J.395] [VENDOR PAYMENT OF RENT AND
71.4 UTILITIES.]
71.5 (a) When a county is required to provide assistance to a
71.6 recipient in vendor form for rent and utilities under chapter
71.7 256, 256D, 256J, or 256K, the cost of utilities for a given
71.8 family may be assumed to be:
71.9 (1) the average of the actual monthly cost of utilities for
71.10 that family for the prior 12 months at the family's current
71.11 residence, if applicable;
71.12 (2) the monthly plan amount, if any, set by the local
71.13 utilities for that family at the family's current residence; or
71.14 (3) the estimated monthly utility costs for the dwelling in
71.15 which the family currently resides.
71.16 (b) For purposes of this section, "utility" means any of
71.17 the following: municipal water and sewer service; electric,
71.18 gas, or heating fuel service; or wood, if that is the heating
71.19 source.
71.20 This section is effective July 1, 1997.
71.21 Sec. 29. [256J.40] [FAIR HEARINGS.]
71.22 Caregivers receiving a notice of intent to sanction or a
71.23 notice of adverse action that includes a sanction, reduction in
71.24 benefits, suspension of benefits, denial of benefits, or
71.25 termination of benefits may request a fair hearing. A request
71.26 for a fair hearing must be submitted in writing to the county
71.27 agency or to the commissioner and must be mailed within 30 days
71.28 after a participant or former participant receives written
71.29 notice of the agency's action or within 90 days when a
71.30 participant or former participant shows good cause for not
71.31 submitting the request within 30 days. A former participant who
71.32 receives a notice of adverse action due to an overpayment may
71.33 appeal the adverse action according to the requirements in this
71.34 section. Issues that may be appealed are:
71.35 (1) the amount of the assistance payment;
71.36 (2) a suspension, reduction, denial, or termination of
72.1 assistance;
72.2 (3) the basis for an overpayment, the calculated amount of
72.3 an overpayment, and the level of recoupment;
72.4 (4) the eligibility for an assistance payment; and
72.5 (5) the use of protective or vendor payments under section
72.6 256J.39, subdivision 2, clauses (1) and (3).
72.7 A county agency must not reduce, suspend, or terminate
72.8 payment when an aggrieved participant requests a fair hearing
72.9 prior to the effective date of the adverse action or within ten
72.10 days of the mailing of the notice of adverse action, whichever
72.11 is later, unless the participant requests in writing not to
72.12 receive continued assistance pending a hearing decision.
72.13 Assistance issued pending a fair hearing is subject to recovery
72.14 under section 256J.38 when as a result of the fair hearing
72.15 decision the participant is determined ineligible for assistance
72.16 or the amount of the assistance received. A county agency may
72.17 increase or reduce an assistance payment while an appeal is
72.18 pending when the circumstances of the participant change and are
72.19 not related to the issue on appeal. The commissioner's order is
72.20 binding on a county agency. No additional notice is required to
72.21 enforce the commissioner's order.
72.22 A county agency shall reimburse appellants for reasonable
72.23 and necessary expenses of attendance at the hearing, such as
72.24 child care and transportation costs and for the transportation
72.25 expenses of the appellant's witnesses and representatives to and
72.26 from the hearing. Reasonable and necessary expenses do not
72.27 include legal fees. Fair hearings must be conducted at a
72.28 reasonable time and date by an impartial referee employed by the
72.29 department. The hearing may be conducted by telephone or at a
72.30 site that is readily accessible to persons with disabilities.
72.31 The appellant may introduce new or additional evidence
72.32 relevant to the issues on appeal. Recommendations of the
72.33 appeals referee and decisions of the commissioner must be based
72.34 on evidence in the hearing record and are not limited to a
72.35 review of the county agency action.
72.36 Section 29 is effective January 1, 1998, except the
73.1 transitional provision in section 72 applies.
73.2 Sec. 30. [256J.42] [60-MONTH TIME LIMIT.]
73.3 Subdivision 1. [TIME LIMIT.] (a) An assistance unit in
73.4 which any adult caregiver has received 60 months of cash
73.5 assistance funded in whole or in part by the TANF block grant is
73.6 ineligible to receive MFIP-S. Any cash assistance funded with
73.7 TANF dollars that was received by the unit on or after the date
73.8 TANF was implemented, including any assistance received in
73.9 states of prior residence, counts toward the 60-month
73.10 limitation. The 60-month limit applies to a minor who is the
73.11 head of a household or who is married to the head of a
73.12 household. The 60-month time period does not need to be
73.13 consecutive months for this provision to apply.
73.14 (b) Months before July 1998 in which individuals receive
73.15 assistance as part of an MFIP, MFIP-R, or MFIP or MFIP-R
73.16 comparison group family under sections 256.031 to 256.0361 or
73.17 sections 256.047 to 256.048 are not included in the 60-month
73.18 time limit.
73.19 Subd. 2. [ASSISTANCE FROM ANOTHER STATE.] An individual is
73.20 ineligible to receive MFIP-S assistance in any month during
73.21 which that individual received benefits from another state under
73.22 the temporary assistance to needy families block grant
73.23 authorized by Title I of Public Law Number 104-193.
73.24 Subd. 3. [ADULTS LIVING ON AN INDIAN RESERVATION.] In
73.25 determining the number of months for which an adult has received
73.26 assistance under MFIP-S, the county agency must disregard any
73.27 month during which the adult lived on an Indian reservation if,
73.28 during the month:
73.29 (1) at least 1,000 individuals were living on the
73.30 reservation; and
73.31 (2) at least 50 percent of the adults living on the
73.32 reservation were unemployed.
73.33 Subd. 4. [VICTIMS OF DOMESTIC VIOLENCE.] Any cash
73.34 assistance received by an assistance unit in a month when a
73.35 caregiver is complying with a safety plan under the MFIP-S
73.36 employment and training component does not count toward the
74.1 60-month limitation on assistance.
74.2 Sec. 31. [256J.43] [INTERSTATE PAYMENT STANDARDS.]
74.3 (a) Effective July 1, 1997, the amount of assistance paid
74.4 to an eligible family in which all members have resided in this
74.5 state for fewer than 12 calendar months shall be the lesser of
74.6 either the payment standard that would have been received by the
74.7 family from the state of immediate prior residence, or the
74.8 amount calculated in accordance with AFDC or MFIP-S standards.
74.9 The lesser payment must continue until the family meets the
74.10 12-month requirement. Payment must be calculated by applying
74.11 this state's budgeting policies, and the unit's net income must
74.12 be deducted from the payment standard in the other state or in
74.13 this state, whichever is lower. Payment shall be made in vendor
74.14 form for rent and utilities, up to the limit of the grant
74.15 amount, and residual amounts, if any, shall be paid directly to
74.16 the assistance unit.
74.17 (b) During the first 12 months a family resides in this
74.18 state, the number of months that a family is eligible to receive
74.19 AFDC or MFIP-S benefits is limited to the number of months the
74.20 family would have been eligible to receive similar benefits in
74.21 the state of immediate prior residence.
74.22 (c) This policy applies whether or not the family received
74.23 similar benefits while residing in the state of previous
74.24 residence.
74.25 (d) When a family moves to this state from another state
74.26 where the family has exhausted that state's time limit for
74.27 receiving benefits under that state's TANF program, the family
74.28 will not be eligible to receive any AFDC or MFIP-S benefits in
74.29 this state for 12 months from the date the family moves here.
74.30 (e) For the purposes of this section, "state of immediate
74.31 prior residence" means:
74.32 (1) the state in which the applicant declares the applicant
74.33 spent the most time in the 30 days prior to moving to this
74.34 state; or
74.35 (2) the state in which an applicant who is a migrant worker
74.36 maintains a home.
75.1 (f) The commissioner shall annually verify and update all
75.2 other states' payment standards as they are to be in effect in
75.3 July of each year.
75.4 Sec. 32. [256J.44] [INITIAL SCREENING OF MFIP-S
75.5 APPLICANT.]
75.6 Subdivision 1. [SCREENING.] The county agency, or at
75.7 county option, the county's employment and training service
75.8 provider as defined in section 256J.49, must screen each
75.9 applicant to determine immediate needs and to determine if the
75.10 applicant may be eligible for:
75.11 (1) another program that is not partially funded through
75.12 the federal temporary assistance to needy families block grant
75.13 under title I of Public Law Number 104-193, including the
75.14 expedited issuance of food stamps under section 256J.28,
75.15 subdivision 1. If the applicant may be eligible for another
75.16 program, a county caseworker must provide the appropriate
75.17 referral to the program;
75.18 (2) the diversionary assistance program under section
75.19 256J.47; or
75.20 (3) the emergency assistance program under section 256J.48.
75.21 The applicant is required to attend the screening. If the
75.22 applicant is not diverted from applying for MFIP-S under clauses
75.23 (1) to (3), and if the applicant meets the MFIP-S eligibility
75.24 requirements, then an orientation under section 256J.45 and an
75.25 initial assessment under section 256J.52 must be completed; or,
75.26 in the case of caregivers who are under the age of 20, a plan
75.27 under section 256J.54 must be completed.
75.28 Subd. 2. [SUPPORT SERVICES TO ATTEND SCREENING AND
75.29 ORIENTATION.] Upon a caregiver's request, the county agency must
75.30 arrange for transportation and child care or reimburse
75.31 caregivers for transportation and child care expenses necessary
75.32 to enable caregivers to attend the initial screening under this
75.33 section and the orientation under section 256J.45 if scheduled
75.34 on a day other than when the caregiver makes application for
75.35 assistance.
75.36 Section 32 is effective January 1, 1998, except the
76.1 transitional provision in section 72 applies.
76.2 Sec. 33. [256J.45] [ORIENTATION.]
76.3 Subdivision 1. [COUNTY AGENCY TO PROVIDE ORIENTATION.] A
76.4 county agency must provide each MFIP-S caregiver with a
76.5 face-to-face orientation. The county agency may not require
76.6 caregivers to attend an MFIP-S orientation. If a caregiver does
76.7 not attend an orientation, the county agency must provide
76.8 written information to the caregiver about MFIP-S.
76.9 Subd. 2. [GENERAL INFORMATION.] The MFIP-S orientation
76.10 must consist of a presentation that informs caregivers of:
76.11 (1) the necessity to obtain immediate employment;
76.12 (2) the work incentives under MFIP-S;
76.13 (3) the requirement to comply with the employment plan and
76.14 other requirements of the employment and training services
76.15 component of MFIP-S;
76.16 (4) the consequences for failing to comply with the
76.17 employment plan and other program requirements;
76.18 (5) the rights, responsibilities, and obligations of
76.19 participants;
76.20 (6) the types and locations of child care services
76.21 available through the county agency;
76.22 (7) the availability and the benefits of the early
76.23 childhood health and developmental screening under sections
76.24 123.701 to 123.74;
76.25 (8) the caregiver's eligibility for transition year child
76.26 care assistance under section 119B.05;
76.27 (9) the caregiver's eligibility for extended medical
76.28 assistance when the caregiver loses eligibility for MFIP-S due
76.29 to increased earnings or increased child or spousal support; and
76.30 (10) the caregiver's option to choose an employment and
76.31 training provider and information about each provider, including
76.32 but not limited to, services offered, program components, job
76.33 placement rates, job placement wages, and job retention rates.
76.34 Section 33 is effective January 1, 1998, except the
76.35 transitional provision in section 72 applies.
76.36 Sec. 34. [256J.46] [SANCTIONS.]
77.1 Subdivision 1. [SANCTIONS FOR REFUSAL TO COOPERATE WITH
77.2 SUPPORT REQUIREMENTS.] The grant of an MFIP-S caregiver who
77.3 refuses to cooperate, as determined by the child support
77.4 enforcement agency, with support requirements under section
77.5 256J.30, must be reduced by 25 percent, and the assistance
77.6 unit's rent and utilities, if any, shall be vendor paid up to
77.7 the amount of the reduced MFIP-S grant. The residual amount of
77.8 the grant, if any, must be paid to the caregiver. A sanction
77.9 under this subdivision becomes effective ten days after the
77.10 required notice is given. The sanction must be in effect for a
77.11 minimum of one month, and shall be removed only when the
77.12 caregiver cooperates with the support requirements. For
77.13 purposes of this subdivision, each month that a participant
77.14 fails to comply with a requirement of section 256J.30 shall be
77.15 considered a separate occurrence of noncompliance. A
77.16 participant who has had one or more sanctions imposed must
77.17 remain in compliance with the provisions of this chapter for 12
77.18 months in order for a subsequent sanction to be considered a
77.19 first occurrence. A sanction under this subdivision is not
77.20 subject to the notice and supervisory review requirements of
77.21 section 256J.57, subdivision 2.
77.22 Subd. 1a. [TRANSITIONAL RULE; SANCTIONS FOR AFDC, FAMILY
77.23 GA, STRIDE, ACCESS, MFIP, OR MFIP-R RECIPIENTS.] For purposes of
77.24 determining a sanction under subdivision 2, a recipient of
77.25 assistance under AFDC, family general assistance, STRIDE,
77.26 ACCESS, MFIP, or MFIP-R, who was under a sanction in the month
77.27 immediately preceding the receipt of assistance under MFIP-S
77.28 shall be considered as having one occurrence of failure to
77.29 comply. A recipient of assistance under AFDC, family general
77.30 assistance, STRIDE, ACCESS, MFIP, or MFIP-R, who was under a
77.31 sanction in each of the two months immediately preceding the
77.32 receipt of assistance under MFIP-S shall be considered as having
77.33 two occurrences of failure to comply. The provisions of section
77.34 256J.57 do not apply to sanctions imposed under AFDC, family
77.35 general assistance, project STRIDE, ACCESS, MFIP, or MFIP-R.
77.36 Subd. 2. [SANCTIONS FOR PARTICIPANTS NOT COMPLYING WITH
78.1 PROGRAM REQUIREMENTS.] (a) A participant who fails without good
78.2 cause to comply with the requirements of this chapter other than
78.3 section 256J.30 shall be subject to a sanction consisting of
78.4 reduced MFIP-S assistance as provided in this subdivision. A
78.5 sanction under this subdivision becomes effective ten days after
78.6 the required notice is given. For purposes of this subdivision,
78.7 each month that a participant fails to comply with a requirement
78.8 of this chapter shall be considered a separate occurrence of
78.9 noncompliance. A participant who has had one or more sanctions
78.10 imposed must remain in compliance with the provisions of this
78.11 chapter for 12 months in order for a subsequent sanction to be
78.12 considered a first occurrence.
78.13 (b) Sanctions for noncompliance shall be imposed as
78.14 follows, provided the participant is not subject to sanction
78.15 under subdivision 1:
78.16 (1) For the first occurrence of failure to comply, a
78.17 participant's rent and utilities, if any, shall be vendor paid
78.18 up to the amount of the MFIP-S grant for which the participant's
78.19 assistance unit is eligible. The residual amount of the grant
78.20 after vendor payment, if any, must be reduced by an amount equal
78.21 to 25 percent of the applicable transitional standard before it
78.22 is paid to the participant. If the assistance unit is a
78.23 two-parent family and both parents are in noncompliance under
78.24 this subdivision, the residual amount of the grant, if any, must
78.25 be reduced by an additional five percent of the applicable
78.26 transitional standard before it is paid to the participant. The
78.27 sanction must be in effect for a minimum of one month, and shall
78.28 be removed only when the participant is in compliance. If the
78.29 participant is not paying rent and utilities, the county may opt
78.30 to vendor pay other expenses for basic needs, after applying the
78.31 required 25 percent reduction.
78.32 (2) For a second or subsequent occurrence, the
78.33 participant's rent and utilities, if any, shall be vendor paid
78.34 up to the amount of the MFIP-S grant for which the participant's
78.35 assistance unit is eligible. The residual amount of the grant
78.36 after vendor payment, if any, must be reduced by an amount equal
79.1 to 35 percent of the applicable transitional standard before the
79.2 residual is paid to the participant. If the assistance unit is
79.3 a two-parent family and both parents are in noncompliance under
79.4 this subdivision, the residual amount of the grant, if any, must
79.5 be reduced by an additional five percent of the applicable
79.6 transitional standard before it is paid to the participant. The
79.7 sanction must be in effect for a minimum of one month, and shall
79.8 be removed only when the participant is in compliance. If the
79.9 participant is not paying rent and utilities, the county may opt
79.10 to vendor pay other expenses for basic needs, after applying the
79.11 required 35 percent reduction.
79.12 Subd. 2a. [DUAL SANCTIONS.] Notwithstanding the provisions
79.13 of subdivision 2, for a participant subject to the following
79.14 sanctions concurrently:
79.15 (1) a sanction for refusal to cooperate with child support
79.16 requirements under subdivision 1; and
79.17 (2) a sanction for refusal to cooperate with other program
79.18 requirements, sanctions shall be imposed in the order and in the
79.19 manner prescribed in this subdivision, the participant's grant
79.20 must be reduced by 25 percent, and the assistance unit's rent
79.21 and utilities shall be vendor paid up to the amount of the
79.22 reduced grant, as provided in subdivision 1. The residual
79.23 amount of the grant after vendor payment, if any, must be
79.24 reduced by ten percent of the applicable transitional standard
79.25 before it is paid to the participant. If the assistance unit is
79.26 a two-parent family and both parents are in noncompliance under
79.27 this subdivision, the residual amount of the grant, if any, must
79.28 be reduced by an additional five percent of the applicable
79.29 transitional standard before it is paid to the participant. The
79.30 sanction must be in effect for a minimum of one month, and shall
79.31 be removed only when the participant is in compliance.
79.32 Subd. 3. [EXCEPTIONS DUE TO LACK OF DAY CARE.]
79.33 Notwithstanding subdivision 2, the county agency may not reduce
79.34 or terminate MFIP-S assistance based on a refusal of a
79.35 participant to comply with the requirements of the employment
79.36 and training component of MFIP-S if the participant is a single
80.1 custodial parent caring for a child who has not attained six
80.2 years of age, and the participant has a demonstrated inability,
80.3 as determined by the county agency, to obtain needed child care,
80.4 for one or more of the following reasons:
80.5 (1) unavailability of appropriate child care within a
80.6 reasonable distance from the participant's home or work site;
80.7 (2) unavailability or unsuitability of informal child care
80.8 by a relative or under other arrangements; or
80.9 (3) unavailability of appropriate and affordable formal
80.10 child care arrangements.
80.11 Sec. 35. [256J.47] [DIVERSIONARY ASSISTANCE PROGRAM.]
80.12 Subdivision 1. [ELIGIBILITY.] A family is eligible to
80.13 receive diversionary assistance once every 36 months if:
80.14 (1) a family member has resided in this state for at least
80.15 30 days;
80.16 (2) the caregiver provides verification that the caregiver
80.17 has either experienced an unexpected occurrence that makes it
80.18 impossible to retain or obtain employment or the caregiver has a
80.19 temporary loss of income, which is not due to refusing to accept
80.20 or terminating suitable employment as defined in section
80.21 256J.49, without good cause, resulting in an emergency;
80.22 (3) the caregiver is at risk of MFIP-S eligibility if
80.23 diversionary assistance is not provided and household income is
80.24 below 140 percent of the federal poverty guidelines; and
80.25 (4) the diversionary assistance will resolve the emergency
80.26 and divert the family from applying for MFIP-S.
80.27 For purposes of this section, diversionary assistance means
80.28 a one-time lump-sum payment to an individual or third-party
80.29 vendor to prevent long-term receipt of public assistance.
80.30 Subd. 2. [COUNTY AGENCY DUTIES.] County agencies shall:
80.31 (1) thoroughly explain to the caregiver the consequences of
80.32 receiving diversionary assistance, specifically the resulting
80.33 period of ineligibility under subdivision 4 for other assistance
80.34 programs;
80.35 (2) determine eligibility for diversionary assistance
80.36 within five working days of the receipt of the verification
81.1 required under subdivision 1; and
81.2 (3) verify all information as necessary.
81.3 Subd. 3. [MAXIMUM AMOUNT OF ASSISTANCE.] The maximum
81.4 amount of diversionary assistance that may be provided to a
81.5 family is equal to the amount of the MFIP-S standard for the
81.6 same family size and composition for four months. The
81.7 assistance provided under this program must be based on the
81.8 immediate needs of the family. Counties must strive to provide
81.9 the most cost-effective solution to the one-time emergency.
81.10 Diversionary assistance is not cost effective if the family's
81.11 anticipated income added to the diversion payment will not be
81.12 sufficient to cover the family's immediate needs for the period
81.13 of ineligibility under subdivision 4, beginning with the month
81.14 of application, or another emergency can reasonably be
81.15 anticipated within the period of ineligibility.
81.16 Subd. 4. [INELIGIBILITY FOR MFIP-S; EMERGENCY ASSISTANCE;
81.17 AND EMERGENCY GENERAL ASSISTANCE.] Upon receipt of diversionary
81.18 assistance, the family is ineligible for MFIP-S, emergency
81.19 assistance, and emergency general assistance for a period of
81.20 time. To determine the period of ineligibility, the county
81.21 shall use the following formula: regardless of household
81.22 changes, the county agency must calculate the number of days of
81.23 ineligibility by dividing the diversionary assistance issued by
81.24 the maximum monthly amount a family of the same size and
81.25 composition would have received under MFIP-S, multiplied by 30,
81.26 truncating the result. The ineligibility period begins the date
81.27 the diversionary assistance is issued.
81.28 Subd. 5. [DIVERSIONARY ASSISTANCE GRANT; FUNDING] The
81.29 commissioner shall distribute diversionary assistance grants to
81.30 counties. The commissioner may use federal block grant funding
81.31 or state funding for the grants.
81.32 Section 35 is effective January 1, 1998, except the
81.33 transitional provision in section 72 applies.
81.34 Sec. 36. [256J.48] [EMERGENCY ASSISTANCE (EA).]
81.35 Subdivision 1. [EMERGENCY FINANCIAL ASSISTANCE.] County
81.36 human service agencies shall grant emergency financial
82.1 assistance to any needy pregnant woman or needy family with a
82.2 child under the age of 21 who is or was within six months prior
82.3 to application living with an eligible caregiver relative
82.4 specified in section 256J.08.
82.5 Except for ongoing special diets, emergency assistance is
82.6 available to a family during one 30-day period in a consecutive
82.7 12-month period. A county shall issue assistance for needs that
82.8 accrue before that 30-day period only when it is necessary to
82.9 resolve emergencies arising or continuing during the 30-day
82.10 period of eligibility. When emergency needs continue, a county
82.11 may issue assistance for up to 30 days beyond the initial 30-day
82.12 period of eligibility, but only when assistance is authorized
82.13 during the initial period.
82.14 Subd. 2. [ELIGIBILITY.] Notwithstanding other eligibility
82.15 provisions of this chapter, any family without resources
82.16 immediately available to meet emergency needs identified in
82.17 subdivision 3 shall be eligible for an emergency grant under the
82.18 following conditions:
82.19 (1) a family member has resided in this state for at least
82.20 30 days;
82.21 (2) the family is without resources immediately available
82.22 to meet emergency needs;
82.23 (3) assistance is necessary to avoid destitution or provide
82.24 emergency shelter arrangements; and
82.25 (4) the family's destitution or need for shelter or
82.26 utilities did not arise because the child or relative caregiver
82.27 refused without good cause to accept employment or training for
82.28 employment in another state.
82.29 Subd. 3. [EMERGENCY NEEDS.] Emergency needs are limited to
82.30 the following:
82.31 (a) [RENT.] A county agency may deny assistance to prevent
82.32 eviction from rented or leased shelter of an otherwise eligible
82.33 applicant when the county agency determines that an applicant's
82.34 anticipated income will not cover continued payment for shelter,
82.35 subject to conditions in clauses (1) to (3):
82.36 (1) a county agency must not deny assistance when an
83.1 applicant can document that the applicant is unable to locate
83.2 habitable shelter, unless the county agency can document that
83.3 one or more habitable shelters are available in the community
83.4 that will result in at least a 20 percent reduction in monthly
83.5 expense for shelter and that this shelter will be cost-effective
83.6 for the applicant;
83.7 (2) when no alternative shelter can be identified by either
83.8 the applicant or the county agency, the county agency shall not
83.9 deny assistance because anticipated income will not cover rental
83.10 obligation; and
83.11 (3) when cost-effective alternative shelter is identified,
83.12 the county agency shall issue assistance for moving expenses as
83.13 provided in paragraph (d).
83.14 (b) [DEFINITIONS.] For purposes of paragraph (a), the
83.15 following definitions apply (1) "metropolitan statistical area"
83.16 is as defined by the U.S. Census Bureau; (2) "alternative
83.17 shelter" includes any shelter that is located within the
83.18 metropolitan statistical area containing the county and for
83.19 which the applicant is eligible, provided the applicant does not
83.20 have to travel more than 20 miles to reach the shelter and has
83.21 access to transportation to the shelter. Clause (2) does not
83.22 apply to counties in the Minneapolis-St. Paul metropolitan
83.23 statistical area.
83.24 (c) [MORTGAGE AND CONTRACT FOR DEED ARREARAGES.] A county
83.25 agency shall issue assistance for mortgage or contract for deed
83.26 arrearages on behalf of an otherwise eligible applicant
83.27 according to clauses (1) to (4):
83.28 (1) assistance for arrearages must be issued only when a
83.29 home is owned, occupied, and maintained by the applicant;
83.30 (2) assistance for arrearages must be issued only when no
83.31 subsequent foreclosure action is expected within the 12 months
83.32 following the issuance;
83.33 (3) assistance for arrearages must be issued only when an
83.34 applicant has been refused refinancing through a bank or other
83.35 lending institution and the amount payable, when combined with
83.36 any payments made by the applicant, will be accepted by the
84.1 creditor as full payment of the arrearage;
84.2 (4) costs paid by a family which are counted toward the
84.3 payment requirements in this clause are: principle and interest
84.4 payments on mortgages or contracts for deed, balloon payments,
84.5 homeowner's insurance payments, manufactured home lot rental
84.6 payments, and tax or special assessment payments related to the
84.7 homestead. Costs which are not counted include closing costs
84.8 related to the sale or purchase of real property.
84.9 To be eligible for assistance for costs specified in clause
84.10 (4) which are outstanding at the time of foreclosure, an
84.11 applicant must have paid at least 40 percent of the family's
84.12 gross income toward these costs in the month of application and
84.13 the 11-month period immediately preceding the month of
84.14 application.
84.15 When an applicant is eligible under clause (4), a county
84.16 agency shall issue assistance up to a maximum of four times the
84.17 MFIP-S transitional standard for a comparable assistance unit.
84.18 (d) [DAMAGE DEPOSITS.] A county agency shall issue
84.19 assistance for damage deposits when necessary to alleviate the
84.20 emergency.
84.21 (e) [MOVING EXPENSES.] A county agency shall issue
84.22 assistance for expenses incurred when a family must move to a
84.23 different shelter according to clauses (1) to (4):
84.24 (1) moving expenses include the cost to transport personal
84.25 property belonging to a family, the cost for utility connection,
84.26 and the cost for securing different shelter;
84.27 (2) moving expenses must be paid only when the county
84.28 agency determines that a move is cost-effective;
84.29 (3) moving expenses must be paid at the request of an
84.30 applicant, but only when destitution or threatened destitution
84.31 exists; and
84.32 (4) moving expenses must be paid when a county agency
84.33 denies assistance to prevent an eviction because the county
84.34 agency has determined that an applicant's anticipated income
84.35 will not cover continued shelter obligation in paragraph (a).
84.36 (f) [HOME REPAIRS.] A county agency shall pay for repairs
85.1 to the roof, foundation, wiring, heating system, chimney, and
85.2 water and sewer system of a home that is owned and lived in by
85.3 an applicant.
85.4 The applicant shall document, and the county agency shall
85.5 verify the need for and method of repair.
85.6 The payment must be cost-effective in relation to the
85.7 overall condition of the home and in relation to the cost and
85.8 availability of alternative housing.
85.9 (g) [UTILITY COSTS.] Assistance for utility costs must be
85.10 made when an otherwise eligible family has had a termination or
85.11 is threatened with a termination of municipal water and sewer
85.12 service, electric, gas or heating fuel service, or lacks wood
85.13 when that is the heating source, subject to the conditions in
85.14 clauses (1) and (2):
85.15 (1) a county agency must not issue assistance unless the
85.16 county agency receives confirmation from the utility provider
85.17 that assistance combined with payment by the applicant will
85.18 continue or restore the utility; and
85.19 (2) a county agency shall not issue assistance for utility
85.20 costs unless a family paid at least eight percent of the
85.21 family's gross income toward utility costs due during the
85.22 preceding 12 months.
85.23 Clauses (1) and (2) must not be construed to prevent the
85.24 issuance of assistance when a county agency must take immediate
85.25 and temporary action necessary to protect the life or health of
85.26 a child.
85.27 (h) [SPECIAL DIETS.] A county shall pay for special diets
85.28 or dietary items. The need for special diets or dietary items
85.29 must be prescribed by a licensed physician. Costs for special
85.30 diets shall be determined as percentages of the allotment for a
85.31 one-person household under the Thrifty Food Plan as defined by
85.32 the United States Department of Agriculture. The types of diets
85.33 and the percentages of the Thrifty Food Plan that are covered
85.34 are as follows:
85.35 (1) high protein diet, at least 80 grams daily, 25 percent
85.36 of Thrifty Food Plan;
86.1 (2) controlled protein diet, 40 to 60 grams and requires
86.2 special products, 100 percent of Thrifty Food Plan;
86.3 (3) controlled protein diet, less than 40 grams and
86.4 requires special products, 125 percent of Thrifty Food Plan;
86.5 (4) low cholesterol diet, 25 percent of Thrifty Food Plan;
86.6 (5) high residue diet, 20 percent of Thrifty Food Plan;
86.7 (6) pregnancy and lactation diet, 35 percent of Thrifty
86.8 Food Plan;
86.9 (7) gluten-free diet, 25 percent of Thrifty Food Plan;
86.10 (8) lactose-free diet, 25 percent of Thrifty Food Plan;
86.11 (9) antidumping diet, 15 percent of Thrifty Food Plan;
86.12 (10) hypoglycemic diet, 15 percent of Thrifty Food Plan; or
86.13 (11) ketogenic diet, 25 percent of Thrifty Food Plan.
86.14 Subd. 4. [VENDOR PAYMENTS FOR SHELTER OR UTILITY
86.15 COSTS.] If an MFIP-S participant applies for and receives
86.16 emergency assistance for shelter and utility costs under
86.17 subdivision 3, paragraph (a), (b), (c), or (f), the ongoing
86.18 MFIP-S assistance payment shall be in the form of vendor
86.19 payments.
86.20 Section 36 is effective January 1, 1998, except the
86.21 transitional provision in section 72 applies.
86.22 Sec. 37. [256J.49] [EMPLOYMENT AND TRAINING SERVICES;
86.23 DEFINITIONS.]
86.24 Subdivision 1. [SCOPE.] The terms used in sections 256J.50
86.25 to 256J.72 have the meanings given them in this section.
86.26 Subd. 2. [DOMESTIC VIOLENCE.] "Domestic violence" means:
86.27 (1) physical acts that result, or threaten to result in,
86.28 physical injury to an individual;
86.29 (2) sexual abuse;
86.30 (3) sexual activity involving a minor child;
86.31 (4) being forced as the caregiver of a minor child to
86.32 engage in nonconsensual sexual acts or activities;
86.33 (5) threats of, or attempts at, physical or sexual abuse;
86.34 (6) mental abuse; or
86.35 (7) neglect or deprivation of medical care.
86.36 Subd. 3. [EMPLOYMENT AND TRAINING SERVICES.] "Employment
87.1 and training services" means programs, activities and services
87.2 that are designed to assist participants in obtaining and
87.3 retaining employment.
87.4 Subd. 4. [EMPLOYMENT AND TRAINING SERVICE
87.5 PROVIDER.] "Employment and training service provider" means:
87.6 (1) a public, private, or nonprofit employment and training
87.7 agency certified by the commissioner of economic security under
87.8 sections 268.0122, subdivision 3, and 268.871, subdivision 1, or
87.9 is approved under section 256J.51 and is included in the county
87.10 plan submitted under section 256J.50, subdivision 6;
87.11 (2) a public, private, or nonprofit agency that is not
87.12 certified by the commissioner under clause (1), but with which a
87.13 county has contracted to provide employment and training
87.14 services; or
87.15 (3) a county agency, if the county has opted to provide
87.16 employment and training services.
87.17 Notwithstanding section 268.871, an employment and training
87.18 services provider meeting this definition may deliver employment
87.19 and training services under this chapter.
87.20 Subd. 5. [EMPLOYMENT PLAN.] "Employment plan" means a plan
87.21 developed by the job counselor and the participant which
87.22 identifies the participant's most direct path to unsubsidized
87.23 employment, lists the specific steps that the participant will
87.24 take on that path, and includes a timetable for the completion
87.25 of each step.
87.26 Subd. 6. [FEDERAL PARTICIPATION STANDARDS.] "Federal
87.27 participation standards" means the work participation standards
87.28 as specified in title I of Public Law Number 104-193, the
87.29 Personal Responsibility and Work Opportunity Reconciliation Act
87.30 of 1996.
87.31 Subd. 7. [INTENSIVE ENGLISH AS A SECOND
87.32 LANGUAGE.] "Intensive English as a second language" means an
87.33 English as a second language program that offers at least 20
87.34 hours of class per week.
87.35 Subd. 8. [JOB COUNSELOR.] "Job counselor" means a staff
87.36 person employed by the employment and training services provider
88.1 who delivers services as specified in sections 256J.50 to
88.2 256J.55.
88.3 Subd. 9. [PARTICIPANT.] "Participant" means a recipient of
88.4 MFIP-S assistance who participates or is required to participate
88.5 in employment and training services.
88.6 Subd. 10. [PROVIDER.] "Provider" means an employment and
88.7 training service provider.
88.8 Subd. 11. [SAFETY PLAN.] "Safety plan" means a plan
88.9 developed by a victim of domestic violence with the assistance
88.10 of a public agency or a private nonprofit agency, including
88.11 agencies that receive designation by the department of
88.12 corrections to provide emergency shelter services or support
88.13 services under section 611A.32. A safety plan shall not include
88.14 a provision that automatically requires a domestic violence
88.15 victim to seek an order of protection, or to attend counseling,
88.16 as part of the safety plan.
88.17 Subd. 12. [SUITABLE EMPLOYMENT.] "Suitable employment"
88.18 means employment that:
88.19 (1) is within the participant's physical and mental
88.20 abilities;
88.21 (2) pays hourly gross wages of not less than the applicable
88.22 state or federal minimum wage; and
88.23 (3) meets health and safety standards set by federal, state
88.24 and county agencies.
88.25 Subd. 13. [WORK ACTIVITY.] "Work activity" means any
88.26 activity in a participant's approved employment plan that is
88.27 tied to the participant's employment goal . For purposes of the
88.28 MFIP-S program, any activity that is included in a participant's
88.29 approved employment plan meets the definition of work activity
88.30 as counted under the federal participation standards. Work
88.31 activity includes, but is not limited to:
88.32 (1) unsubsidized employment;
88.33 (2) subsidized private sector or public sector employment,
88.34 including grant diversion as specified in section 256J.69;
88.35 (3) work experience, including CWEP as specified in section
88.36 256J.67, and including work associated with the refurbishing of
89.1 publicly assisted housing if sufficient private sector
89.2 employment is not available;
89.3 (4) on-the-job training as specified in section 256J.66;
89.4 (5) job search, either supervised or unsupervised;
89.5 (6) job readiness assistance;
89.6 (7) job clubs, including job search workshops;
89.7 (8) job placement;
89.8 (9) job development;
89.9 (10) job-related counseling;
89.10 (11) job coaching;
89.11 (12) job retention services;
89.12 (13) job-specific training or education ;
89.13 (14) job skills training directly related to employment;
89.14 (15) the self-employment investment demonstration (SEID),
89.15 as specified in section 256J.65;
89.16 (16) preemployment activities, based on availability and
89.17 resources, such as volunteer work, citizenship and English as a
89.18 second language classes, or participation in dislocated worker
89.19 services, chemical dependency treatment, mental health services,
89.20 peer group networks, displaced homemaker programs, parenting
89.21 education, or other programs designed to help families reach
89.22 their employment goals and enhance their ability to care for
89.23 their children;
89.24 (17) community service programs;
89.25 (18) vocational educational training or educational
89.26 programs that can reasonably be expected to lead to employment,
89.27 as limited by the provisions of section 256J.53;
89.28 (19) apprenticeships;
89.29 (20) satisfactory attendance in general educational
89.30 development diploma classes or an adult diploma program;
89.31 (21) satisfactory attendance at secondary school, if the
89.32 participant has not received a high school diploma;
89.33 (22) adult basic education classes;
89.34 (23) internships;
89.35 (24) bilingual employment and training services;
89.36 (25) providing child care services to a participant who is
90.1 working in a community service program; and
90.2 (26) activities included in a safety plan that is developed
90.3 under section 256J.52, subdivision 6.
90.4 Section 37 is effective January 1, 1998, except the
90.5 transitional provision in section 72 applies.
90.6 Sec. 38. [256J.50] [COUNTY DUTIES.]
90.7 Subdivision 1. [EMPLOYMENT AND TRAINING SERVICES COMPONENT
90.8 OF MFIP-S.] (a) By January 1, 1998, each county must develop and
90.9 implement an employment and training services component of
90.10 MFIP-S which is designed to put participants on the most direct
90.11 path to unsubsidized employment. Participation in these
90.12 services is mandatory for all MFIP-S caregivers, unless the
90.13 caregiver is exempt under section 256J.56, and is required
90.14 concurrent with the receipt of MFIP-S cash assistance.
90.15 (b) A county may provide employment and training services
90.16 to MFIP-S caregivers who are exempt from the employment and
90.17 training services component but volunteer for the services.
90.18 Subd. 2. [PILOT PROGRAMS.] In counties selected for the
90.19 work first or work focused pilot programs, first-time applicants
90.20 for assistance must meet the requirements of those programs in
90.21 place of the requirements of the MFIP-S program. A county may,
90.22 at its option, discontinue a work first or work focused pilot
90.23 program.
90.24 Subd. 3. [TRANSITIONAL RULE; MFIP OR MFIP-R
90.25 PARTICIPANT.] A caregiver who was enrolled in MFIP or MFIP-R
90.26 immediately before enrolling in MFIP-S, and who was making
90.27 satisfactory progress toward the objectives specified in the
90.28 caregiver's employment plan, may, with the approval of a job
90.29 counselor, continue with the existing employment plan for up to
90.30 one year after the caregiver is enrolled in MFIP-S. The job
90.31 counselor may require changes to the plan in order to be
90.32 consistent with the time limit.
90.33 Subd. 3a. [TRANSITIONAL RULE; STRIDE, ACCESS.] (a) A
90.34 county agency that is not a participant in the MFIP or MFIP-R
90.35 field trials under sections 256.031 to 256.0361 shall not enroll
90.36 a recipient into project STRIDE or ACCESS after the date that
91.1 MFIP-S is implemented in the county.
91.2 (b) A caregiver who:
91.3 (i) was enrolled in project STRIDE or ACCESS continuously
91.4 since March 1, 1997;
91.5 (ii) is not a part of an MFIP or MFIP-R comparison group;
91.6 and
91.7 (iii) who is making satisfactory progress toward the
91.8 objectives specified in the caregiver's employment plan, may,
91.9 with the approval of the job counselor, continue with the
91.10 existing employment plan for up to two years after the caregiver
91.11 is enrolled in MFIP-S. For purposes of the federal
91.12 participation standards, the activities in the caregiver's
91.13 employment plan are work activities, as that term is defined in
91.14 section 256J.49, subdivision 13.
91.15 (c) Notwithstanding contrary provisions of section 256.736,
91.16 the employability plan of a caregiver who is enrolled in project
91.17 STRIDE or ACCESS on or after July 1, 1997, must meet the
91.18 requirements of sections 256J.52, subdivisions 4 and 5, and
91.19 256J.53, or section 256J.54, if applicable.
91.20 Subd. 4. [SERVICE-PROVIDING AGENCIES.] Counties may select
91.21 one or more employment and training service providers, or may
91.22 opt to provide services on their own.
91.23 Subd. 5. [COUNTY OPTION FOR EARLY IMPLEMENTATION.] A
91.24 county may opt to implement its employment and training services
91.25 component of MFIP-S before January 1, 1998. A county that does
91.26 so is eligible for a bonus payment as specified under this
91.27 subdivision. For each participant that is engaged, prior to
91.28 January 1, in job search under section 256J.52, subdivision 3,
91.29 in activities that are part of an employment plan under section
91.30 256J.52, subdivision 5, or in activities that are part of a
91.31 safety plan under section 256J.52, subdivision 6, the county is
91.32 eligible for a bonus payment of $100. The commissioner must add
91.33 any bonus payments earned under this subdivision to the county's
91.34 employment and training services allocation for fiscal year
91.35 1998. Bonus payments must not supplant, and must be in addition
91.36 to, a county's allocation under section 256J.62.
92.1 Subd. 6. [COUNTY PLAN.] Each county agency shall prepare
92.2 and submit a plan as specified in section 268.88.
92.3 Subd. 7. [COUNTY DUTY TO ENSURE EMPLOYMENT AND TRAINING
92.4 CHOICES FOR PARTICIPANTS.] Each county, or group of counties
92.5 working cooperatively, shall make available to participants the
92.6 choice of at least two employment and training service providers
92.7 as defined under section 256J.49, subdivision 4, except in
92.8 counties utilizing workforce centers that use multiple
92.9 employment providers, offer multiple services options under a
92.10 collaborative effort and can document that participants have
92.11 choice among employment and training services designed to meet
92.12 specialized needs.
92.13 Subd. 8. [EXCEPTION; FINANCIAL HARDSHIP.] Notwithstanding
92.14 subdivision 7, a county that demonstrates in the plan required
92.15 under subdivision 6 that the provision of alternative employment
92.16 and training service providers would result in financial
92.17 hardship for the county is not required to make available more
92.18 than one employment and training provider.
92.19 Section 38 is effective January 1, 1998, except the
92.20 transitional provision in section 72 applies.
92.21 Sec. 39. [256J.51] [EMPLOYMENT AND TRAINING SERVICE
92.22 PROVIDER; ALTERNATE APPROVAL PROCESS.]
92.23 Subdivision 1. [PROVIDER APPLICATION.] An employment and
92.24 training service provider that is not included in a county's
92.25 plan under section 256J.50, subdivision 6, because the county
92.26 has demonstrated financial hardship under subdivision 7 of that
92.27 section, may appeal its exclusion to the commissioner of
92.28 economic security under this section.
92.29 Subd. 2. [APPEAL; ALTERNATE APPROVAL.] (a) An employment
92.30 and training service provider that is not included by a county
92.31 agency in the plan under section 256J.50, subdivision 6, and
92.32 that meets the criteria in paragraph (b), may appeal its
92.33 exclusion to the commissioner of economic security, and may
92.34 request alternative approval by the commissioner of economic
92.35 security to provide services in the county.
92.36 (b) An employment and training services provider that is
93.1 requesting alternative approval must demonstrate to the
93.2 commissioner that the provider meets the standards specified in
93.3 section 268.871, subdivision 1, paragraph (b), except that the
93.4 provider's past experience may be in services and programs
93.5 similar to those specified in section 268.871, subdivision 1,
93.6 paragraph (b).
93.7 Subd. 3. [COMMISSIONER'S REVIEW.] The commissioner must
93.8 act on a request for alternative approval under this section
93.9 within 30 days of the receipt of the request. If after
93.10 reviewing the provider's request, and the county's plan
93.11 submitted under section 256J.50, subdivision 6, the commissioner
93.12 determines that the provider meets the criteria under
93.13 subdivision 2, paragraph (b), and that approval of the provider
93.14 would not cause financial hardship to the county, the county
93.15 must submit a revised plan under subdivision 4 that includes the
93.16 approved provider.
93.17 Subd. 4. [REVISED PLAN REQUIRED.] The commissioner of
93.18 economic security must notify the county agency when the
93.19 commissioner grants an alternative approval to an employment and
93.20 training service provider under subdivision 2. Upon receipt of
93.21 the notice, the county agency must submit a revised plan under
93.22 section 256J.50, subdivision 6, that includes the approved
93.23 provider. The county has 90 days from the receipt of the
93.24 commissioner's notice to submit the revised plan.
93.25 Subd. 5. [REVIEW NOT REQUIRED.] Notwithstanding
93.26 subdivision 3, once a county meets the requirements of section
93.27 256J.50, subdivision 7, the commissioner may, but is not
93.28 required to, act on a request by an employment and training
93.29 services provider for alternative approval in that county.
93.30 Section 39 is effective January 1, 1998, except the
93.31 transitional provision in section 72 applies.
93.32 Sec. 40. [256J.515] [OVERVIEW OF EMPLOYMENT AND TRAINING
93.33 SERVICES.]
93.34 During the first meeting with participants, job counselors
93.35 must provide an overview of employment and training services
93.36 that stresses the necessity and opportunity of immediate
94.1 employment, outlines the job search resources offered, explains
94.2 the requirements to comply with an employment plan and the
94.3 consequences for failing to comply, and explains the services
94.4 that are available to support job search and work.
94.5 Section 40 is effective January 1, 1998, except the
94.6 transitional provision in section 72 applies.
94.7 Sec. 41. [256J.52] [ASSESSMENTS; PLANS.]
94.8 Subdivision 1. [APPLICATION LIMITED TO CERTAIN
94.9 PARTICIPANTS.] This section applies to participants receiving
94.10 MFIP-S assistance who are not exempt under section 256J.56, and
94.11 to caregivers who volunteer for employment and training services
94.12 under section 256J.50.
94.13 Subd. 2. [INITIAL ASSESSMENT.] (a) The job counselor must,
94.14 with the cooperation of the participant, assess the
94.15 participant's ability to obtain and retain employment. This
94.16 initial assessment must include a review of the participant's
94.17 education level, prior employment or work experience,
94.18 transferable work skills, and existing job markets.
94.19 (b) In assessing the participant, the job counselor must
94.20 determine if the participant needs refresher courses for
94.21 professional certification or licensure. If one or more
94.22 refresher courses are needed, the job search support plan under
94.23 subdivision 3 must include the courses necessary to obtain the
94.24 certification or licensure, in addition to other work
94.25 activities, provided the combination of the refresher courses
94.26 and other work activities are at least for 40 hours per week.
94.27 After obtaining the license or certificate, the participant must
94.28 comply with the provisions of subdivision 5.
94.29 (c) If a participant can demonstrate to the satisfaction of
94.30 the county agency that lack of proficiency in English is a
94.31 barrier to obtaining suitable employment, the provider may
94.32 include participation in an intensive English as a second
94.33 language program, in the participant's employment plan under
94.34 subdivision 5.
94.35 (d) A participant who, at the time of the initial
94.36 assessment under this section, is in an education program that
95.1 satisfies the criteria in section 256J.53, may, with the
95.2 approval of the job counselor, postpone job search. The
95.3 participant must be assessed under subdivision 4, and an
95.4 employment plan that includes completion of the education
95.5 program must be developed.
95.6 Subd. 3. [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If,
95.7 after the initial assessment, the job counselor determines that
95.8 the participant possesses sufficient skills that the participant
95.9 is likely to succeed in obtaining suitable employment, the
95.10 participant must conduct job search for a period of up to four
95.11 weeks, for the number of hours per week required under federal
95.12 participation standards or 30 hours per week, whichever is
95.13 greater. The participant must accept any offer of suitable
95.14 employment. The job counselor and participant must develop a
95.15 job search support plan which specifies, at a minimum: whether
95.16 the job search is to be supervised or unsupervised; support
95.17 services that will be provided while the participant conducts
95.18 job search activities; the refresher courses necessary for
95.19 professional certification or licensure, if applicable; and how
95.20 frequently the participant must report to the job counselor on
95.21 the status of the participant's job search activities.
95.22 (b) If at the end of four weeks the participant has not
95.23 obtained suitable employment, the job counselor must review the
95.24 participant's job search support plan and must either direct the
95.25 participant to conduct an additional four weeks of job search or
95.26 must conduct a secondary assessment of the participant under
95.27 subdivision 4. A participant shall not be required to conduct
95.28 more than a total of eight weeks of job search under this
95.29 subdivision.
95.30 Subd. 4. [SECONDARY ASSESSMENT.] (a) The job counselor
95.31 must conduct a secondary assessment for those participants who:
95.32 (1) in the judgment of the job counselor, have barriers to
95.33 obtaining and retaining employment that will not be overcome
95.34 with a job search support plan under subdivision 3; or
95.35 (2) have completed at least four weeks of job search under
95.36 subdivision 3 without obtaining suitable employment; or
96.1 (3) have not received a secondary assessment, are working
96.2 at least 20 hours per week, and the participant, job counselor,
96.3 or county agency requests a secondary assessment.
96.4 (b) In the secondary assessment the job counselor must
96.5 evaluate the participant's skills and prior work experience,
96.6 family circumstances, interests and abilities, need for
96.7 preemployment activities, supportive or educational services,
96.8 and the extent of any barriers to employment. The job counselor
96.9 must use the information gathered through the secondary
96.10 assessment to develop an employment plan under subdivision 5.
96.11 Subd. 5. [EMPLOYMENT PLAN; CONTENTS.] (a) Based on the
96.12 secondary assessment under subdivision 4, the job counselor and
96.13 the participant must develop an employment plan for the
96.14 participant that includes specific activities that are designed
96.15 to move the participant along the most direct path to
96.16 unsubsidized employment.
96.17 If the participant has an employment goal which can best be
96.18 met with additional education or training and is expected to
96.19 result in higher wages than the participant could earn without
96.20 the additional education or training, the participant, in
96.21 consultation with the job counselor, may propose an employment
96.22 plan that includes activities approved under the criteria of
96.23 section 256J.53.
96.24 The employment plan must list the specific steps that will
96.25 be taken to obtain employment and a timetable for completion of
96.26 each of the steps. The job counselor and the participant must
96.27 sign the developed plan to indicate agreement between the job
96.28 counselor and the participant on the contents of the plan.
96.29 (b) For a parent in a two-parent family who is required to
96.30 participate in the employment and training services component of
96.31 MFIP-S, activities that are considered for the participant's
96.32 plan must generally be limited to those listed in section
96.33 256J.49, subdivision 12, clauses (1) to (17). Activities listed
96.34 in clauses (18) to (26) of that subdivision may be included on
96.35 an exception basis.
96.36 Subd. 6. [SAFETY PLAN.] Notwithstanding subdivisions 1 to
97.1 5, a participant who is a victim of domestic violence and who
97.2 agrees to develop or has developed a safety plan meeting the
97.3 definition under section 256J.49, subdivision 11, is deferred
97.4 from the requirements of this section and sections 256J.54 and
97.5 256J.55 for a period three months from the date the participant
97.6 agreed to develop the plan. A participant deferred under this
97.7 subdivision must submit a safety plan status report to the
97.8 county agency on a quarterly basis. Based on a review of the
97.9 status report, the county agency may renew the participant's
97.10 deferral each quarter, provided the personal safety of the
97.11 participant is still at risk and the participant is complying
97.12 with the safety plan. A participant who is deferred under this
97.13 subdivision may be deferred for a total of 12 months under a
97.14 safety plan, provided the individual is complying with the terms
97.15 of the plan.
97.16 Subd. 7. [MINOR PARENTS; ASSESSMENT.] An MFIP-S caregiver
97.17 who is under the age of 20 must be assessed and have a plan
97.18 developed as provided in section 256J.54.
97.19 Subd. 8. [REVISION OF PLAN.] If the employee has lost or
97.20 quit a job with good cause, the job counselor must ascertain the
97.21 reason for the job loss and work with the participant to amend
97.22 the job search support plan or employment plan, whichever is in
97.23 effect, as necessary to address the problem. If a job search
97.24 support plan is in effect, the participant, county agency, or
97.25 job counselor may request a secondary assessment at this time.
97.26 Section 41 is effective January 1, 1998, except the
97.27 transitional provision in section 72 applies.
97.28 Sec. 42. [256J.53] [POST-SECONDARY EDUCATION; LIMITATIONS
97.29 ON APPROVAL, JOB SEARCH REQUIREMENT.]
97.30 Subdivision 1. [LENGTH OF PROGRAM.] In order for a
97.31 post-secondary education or training program to be approved work
97.32 activity as defined in section 256J.49, subdivision 13, clause
97.33 (18), it must be a program lasting 12 months or less, and the
97.34 participant must meet the requirements of subdivisions 2 and 3.
97.35 A program lasting up to 24 months may be approved on an
97.36 exception basis if the conditions specified in subdivisions 2 to
98.1 4 are met. A participant may not be approved for more than a
98.2 total of 24 months of post-secondary education or training,
98.3 including any months of education or training in a STRIDE or
98.4 ACCESS plan that is continued under section 256J.50, subdivision
98.5 3a.
98.6 Subd. 2. [DOCUMENTATION SUPPORTING PROGRAM.] In order for
98.7 a post-secondary education or training program to be an approved
98.8 activity in a participant's employment plan, the participant or
98.9 the employment and training service provider must provide
98.10 documentation that:
98.11 (1) the participant's employment plan identifies specific
98.12 goals that can only be met with the additional education or
98.13 training;
98.14 (2) there are suitable employment opportunities that
98.15 requires the specific education or training in the area in which
98.16 the participant resides or is willing to reside;
98.17 (3) the education or training will result in significantly
98.18 higher wages for the participant than the participant could earn
98.19 without the education or training;
98.20 (4) the participant can meet the requirements for admission
98.21 into the program; and
98.22 (5) there is a reasonable expectation that the participant
98.23 will complete the training program based on such factors as the
98.24 participant's MFIP-S assessment, previous education, training,
98.25 and work history; current motivation; and changes in previous
98.26 circumstances.
98.27 Subd. 3. [SATISFACTORY PROGRESS REQUIRED.] In order for a
98.28 post-secondary education or training program to be an approved
98.29 activity in a participant's employment plan, the participant
98.30 must maintain satisfactory progress in the program.
98.31 "Satisfactory progress" in an education or training program
98.32 means the participant remains in good standing after completion
98.33 of the second grading period, and maintains at least a
98.34 cumulative grade point average of C or its equivalent while the
98.35 participant is enrolled in the program, as defined by the
98.36 education or training institution, and the participant meets the
99.1 requirements of the participant's employment plan.
99.2 Subd. 4. [REPAYMENT OF EMPLOYMENT AND TRAINING
99.3 ASSISTANCE.] In order for a post-secondary education or training
99.4 program lasting between 13 and 24 months to be an approved
99.5 activity in a participant's employment plan, the participant
99.6 must maintain satisfactory progress in the program and must
99.7 agree to repay the amount of employment and training funds paid
99.8 by the county to support the individual's participation in each
99.9 month of an education or training program after the 12th month
99.10 of the program in the participant's employment plan. Assistance
99.11 obtained by the participant through the federal Pell grant
99.12 program or other federal or state programs of higher education
99.13 assistance must be excluded from the amount to be repaid by the
99.14 participant. The participant and the county agency must develop
99.15 a mutually acceptable repayment plan. The repayment plan must
99.16 not assess any interest charges on the cost of the funds to be
99.17 repaid. The loan is considered to be in repayment status when:
99.18 (1) the participant completes the program and obtains
99.19 employment that pays annual wages that are at least equal to 150
99.20 percent of the federal poverty level; or
99.21 (2) the participant leaves the program before completion of
99.22 the program and obtains employment that pays annual wages that
99.23 are at least equal to 150 percent of the federal poverty level.
99.24 Subd. 5. [JOB SEARCH AFTER COMPLETION OF POST-SECONDARY
99.25 EDUCATION OR TRAINING.] Regardless of the length of the program,
99.26 if a participant's employment plan includes a post-secondary
99.27 education or training program, the plan must include the
99.28 anticipated completion date of the program. At the time the
99.29 education or training is completed, the participant must
99.30 participate in job search. If after three months of job search
99.31 the participant does not find a job that is consistent with the
99.32 participant's employment goals, the participant must accept any
99.33 offer of suitable employment.
99.34 Section 42 is effective January 1, 1998, except the
99.35 transitional provision in section 72 applies.
99.36 Sec. 43. [256J.54] [MINOR PARENTS; EMPLOYMENT PLAN.]
100.1 Subdivision 1. [ASSESSMENT OF EDUCATIONAL PROGRESS AND
100.2 NEEDS.] The county agency must document the educational level of
100.3 each MFIP-S caregiver who is under the age of 20 and determine
100.4 if the caregiver has obtained a high school diploma or its
100.5 equivalent. If the caregiver has not obtained a high school
100.6 diploma or its equivalent, and is not exempt from the
100.7 requirement to attend school under subdivision 5, the county
100.8 agency must complete an individual assessment for the
100.9 caregiver. The assessment must be performed as soon as possible
100.10 but within 30 days of determining MFIP-S eligibility for the
100.11 caregiver. The assessment must provide an initial examination
100.12 of the caregiver's educational progress and needs, literacy
100.13 level, child care and supportive service needs, family
100.14 circumstances, skills, and work experience. In the case of a
100.15 caregiver under the age of 18, the assessment must also consider
100.16 the results of either the caregiver's or the caregiver's minor
100.17 child's child and teen checkup under Minnesota Rules, parts
100.18 9505.0275 and 9505.1693 to 9505.1748, if available, and the
100.19 effect of a child's development and educational needs on the
100.20 caregiver's ability to participate in the program. The county
100.21 agency must advise the caregiver that the caregiver's first goal
100.22 must be to complete an appropriate educational option if one is
100.23 identified for the caregiver through the assessment and, in
100.24 consultation with educational agencies, must review the various
100.25 school completion options with the caregiver and assist in
100.26 selecting the most appropriate option.
100.27 Subd. 2. [RESPONSIBILITY FOR ASSESSMENT AND EMPLOYMENT
100.28 PLAN.] For caregivers who are under age 18, the assessment under
100.29 subdivision 1 and the employment plan under subdivision 3 must
100.30 be completed by the social services agency under section
100.31 257.33. For caregivers who are age 18 or 19, the assessment
100.32 under subdivision 1 and the employment plan under subdivision 3
100.33 must be completed by the job counselor. The social services
100.34 agency or the job counselor shall consult with representatives
100.35 of educational agencies that are required to assist in
100.36 developing educational plans under section 126.235.
101.1 Subd. 3. [EDUCATIONAL OPTION DEVELOPED.] If the job
101.2 counselor or county social services agency identifies an
101.3 appropriate educational option, it must develop an employment
101.4 plan which reflects the identified option. The plan must
101.5 specify that participation in an educational activity is
101.6 required, what school or educational program is most
101.7 appropriate, the services that will be provided, the activities
101.8 the caregiver will take part in, including child care and
101.9 supportive services, the consequences to the caregiver for
101.10 failing to participate or comply with the specified
101.11 requirements, and the right to appeal any adverse action. The
101.12 employment plan must, to the extent possible, reflect the
101.13 preferences of the caregiver.
101.14 Subd. 4. [NO APPROPRIATE EDUCATIONAL OPTION.] If the job
101.15 counselor determines that there is no appropriate educational
101.16 option for a caregiver who is age 18 or 19, the job counselor
101.17 must develop an employment plan, as defined in section 256J.49,
101.18 subdivision 5, for the caregiver. If the county social services
101.19 agency determines that school attendance is not appropriate for
101.20 a caregiver under age 18, the county agency shall refer the
101.21 caregiver to social services for services as provided in section
101.22 257.33.
101.23 Subd. 5. [SCHOOL ATTENDANCE REQUIRED.] (a) Notwithstanding
101.24 the provisions of section 256J.56, minor parents, or 18- or
101.25 19-year-old parents without a high school diploma or its
101.26 equivalent must attend school unless:
101.27 (1) transportation services needed to enable the caregiver
101.28 to attend school are not available;
101.29 (2) licensed or legal nonlicensed child care services
101.30 needed to enable the caregiver to attend school are not
101.31 available;
101.32 (3) the caregiver is ill or incapacitated seriously enough
101.33 to prevent attendance at school; or
101.34 (4) the caregiver is needed in the home because of the
101.35 illness or incapacity of another member of the household. This
101.36 includes a caregiver of a child who is younger than six weeks of
102.1 age.
102.2 (b) The caregiver must be enrolled in a secondary school
102.3 and meeting the school's attendance requirements. An enrolled
102.4 caregiver is considered to be meeting the attendance
102.5 requirements when the school is not in regular session,
102.6 including during holiday and summer breaks.
102.7 Section 43 is effective January 1, 1998, except the
102.8 transitional provision in section 72 applies.
102.9 Sec. 44. [256J.55] [PARTICIPANT REQUIREMENTS, RIGHTS, AND
102.10 EXPECTATIONS.]
102.11 Subdivision 1. [COMPLIANCE WITH EMPLOYMENT PLAN; SUITABLE
102.12 EMPLOYMENT.] (a) Each MFIP-S participant must comply with the
102.13 terms of the participant's job search support plan or employment
102.14 plan. When the participant has completed the steps listed in
102.15 the employment plan, the participant must not refuse any offer
102.16 of suitable employment. The participant may choose to accept an
102.17 offer of suitable employment before the participant has
102.18 completed the steps of the employment plan.
102.19 (b) For a participant under the age of 20 who is without a
102.20 high school diploma or general educational development diploma,
102.21 the requirement to comply with the terms of the employment plan
102.22 means the participant must meet the requirements of section
102.23 256J.54.
102.24 (c) Failure to develop or comply with a job search support
102.25 plan or employment plan, or quitting suitable employment without
102.26 good cause, shall result in the imposition of a sanction as
102.27 specified in sections 256J.57 and 256J.46.
102.28 (d) Notwithstanding paragraph (a), a participant who has
102.29 completed a post-secondary education or training program may
102.30 take up to three months to find a job that is consistent with
102.31 the participant's employment goal before the participant is
102.32 required to accept any offer of suitable employment.
102.33 Subd. 2. [DUTY TO REPORT.] The participant must inform the
102.34 job counselor within three working days regarding any changes
102.35 related to the participant's employment status.
102.36 Subd. 3. [MOVE TO A DIFFERENT COUNTY.] MFIP-S applicants
103.1 or recipients who move to a different county in Minnesota and
103.2 are required to participate in employment and training services
103.3 are subject to the requirements of the destination county. An
103.4 employment plan that was developed in the county of origin may
103.5 be continued in the destination county if both the destination
103.6 county and the participant agree to do so.
103.7 Subd. 4. [CHOICE OF PROVIDER.] A participant must be able
103.8 to choose from at least two employment and training service
103.9 providers, unless the county has demonstrated to the
103.10 commissioner that the provision of multiple employment and
103.11 training service providers would result in financial hardship
103.12 for the county, or the county is utilizing a workforce center as
103.13 specified in section 256J.50, subdivision 7.
103.14 Subd. 5. [OPTION TO UTILIZE EXISTING PLAN.] If a
103.15 participant is already complying with a job search support or
103.16 employment plan that was developed for a different program, the
103.17 participant may utilize that plan and that program's services,
103.18 subject to the requirements of subdivision 3, to be in
103.19 compliance with sections 256J.52 to 256J.57 so long as the plan
103.20 meets, or is modified to meet, the requirements of those
103.21 sections.
103.22 Section 44 is effective January 1, 1998, except the
103.23 transitional provision in section 72 applies.
103.24 Sec. 45. [256J.56] [EMPLOYMENT AND TRAINING SERVICES
103.25 COMPONENT; EXEMPTIONS.]
103.26 An MFIP-S caregiver is exempt from the requirements of
103.27 sections 256J.52 to 256J.55 if the caregiver belongs to any of
103.28 the following groups:
103.29 (1) individuals who are age 60 or older;
103.30 (2) individuals who are suffering from a professionally
103.31 certified permanent or temporary illness, injury, or incapacity
103.32 which is expected to continue for more than 30 days and which
103.33 prevents the person from obtaining or retaining employment.
103.34 Persons in this category with a temporary illness, injury, or
103.35 incapacity must be reevaluated every 30 days, unless the
103.36 certification specifies a different length of time before
104.1 reevaluation;
104.2 (3) caregivers whose presence in the home is required
104.3 because of the professionally certified illness or incapacity of
104.4 another member in the household;
104.5 (4) women who are pregnant, if the pregnancy has resulted
104.6 in a professionally certified incapacity that prevents the woman
104.7 from obtaining or retaining employment;
104.8 (5) caregivers of a child under the age of 12 weeks who
104.9 personally provide full-time care for the child. In two-parent
104.10 households, only one parent or other relative may qualify for
104.11 this exemption;
104.12 (6) individuals employed at least 40 hours per week or at
104.13 least 30 hours per week and engaged in job search for at least
104.14 an additional ten hours per week;
104.15 (7) individuals experiencing a personal or family crisis
104.16 that is professionally certified to make them incapable of
104.17 participating in the program, as determined by the county
104.18 agency. Persons in this category must be reevaluated every 60
104.19 days; or
104.20 (8) second parents in two-parent families, provided the
104.21 second parent is employed for 20 or more hours per week.
104.22 A caregiver who is exempt under clause (5) must enroll in
104.23 and attend an early childhood and family education class, a
104.24 parenting class, or some similar activity during the period of
104.25 time the caregiver is exempt under this section.
104.26 Section 45 is effective January 1, 1998, except the
104.27 transitional provision in section 72 applies.
104.28 Sec. 46. [256J.57] [GOOD CAUSE; FAILURE TO COMPLY; NOTICE;
104.29 CONCILIATION CONFERENCE.]
104.30 Subdivision 1. [GOOD CAUSE FOR FAILURE TO COMPLY.] (a) The
104.31 county agency shall not impose a sanction under section 256J.46
104.32 if the county agency or the job counselor determines that the
104.33 participant has good cause for failing to comply with the
104.34 requirements of sections 256J.52 to 256J.55. Good cause exists
104.35 when:
104.36 (1) needed child care is not available;
105.1 (2) the job does not meet the definition of suitable
105.2 employment under section 256J.49;
105.3 (3) the participant is ill or injured;
105.4 (4) a family member is ill or disabled and needs care by
105.5 the participant that prevents the participant from complying
105.6 with the employment plan;
105.7 (5) the participant is unable to secure necessary
105.8 transportation;
105.9 (6) the participant is in an emergency situation that
105.10 prevents compliance with the job search support or employment
105.11 plan;
105.12 (7) the schedule of compliance with the job search support
105.13 or employment plan conflicts with judicial proceedings;
105.14 (8) the participant is already participating in acceptable
105.15 work activities;
105.16 (9) the employment plan requires an educational program for
105.17 a caregiver under age 20, but the educational program is not
105.18 available in the school district;
105.19 (10) activities identified in the job search support or
105.20 employment plan are not available;
105.21 (11) the participant is willing to accept suitable
105.22 employment, but suitable employment is not available; and
105.23 (12) the participant documents other verifiable impediments
105.24 to compliance with the job search support or employment plan
105.25 that are beyond the participant's control.
105.26 (b) The job search support plan or employment plan of a
105.27 participant who has been granted a good cause exception under
105.28 this section must be reviewed by the job counselor or county
105.29 agency, and must be revised as appropriate to improve the
105.30 participant's ability to comply with the plan requirements, so
105.31 that the participant will be less likely to make another good
105.32 cause claim under this section.
105.33 Subd. 2. [NOTICE OF INTENT TO SANCTION.] (a) When a
105.34 participant fails without good cause to comply with the
105.35 requirements of sections 256J.52 to 256J.55, the job counselor
105.36 or the county agency must provide a notice of intent to sanction
106.1 to the participant specifying the program requirements that were
106.2 not complied with, informing the participant that the county
106.3 agency will impose the sanctions specified in section 256J.46,
106.4 and informing the participant of the opportunity to request a
106.5 conciliation conference as specified in paragraph (b). The
106.6 notice must also state that the participant's continuing
106.7 noncompliance with the specified requirements for more than one
106.8 month will result in additional sanctions under section 256J.46,
106.9 without the need for additional notices or conciliation
106.10 conferences under this subdivision. If the job counselor
106.11 provides the required notice, the job counselor must
106.12 simultaneously notify the county agency that the participant has
106.13 failed to comply and request that the county agency impose the
106.14 sanctions in section 256J.46. The county must then send a
106.15 notice of adverse action to the participant informing the
106.16 participant of the sanction that will be imposed, the reasons
106.17 for the sanction, the effective date of the sanction, and the
106.18 participant's right to have a fair hearing under section 256J.40.
106.19 (b) The participant may request a conciliation conference
106.20 by sending a written request, by making a telephone request, or
106.21 by making an in-person request. The request must be received
106.22 within ten calendar days of the date the county agency mailed
106.23 the ten-day notice of intent to sanction. If a timely request
106.24 for a conciliation is received, the county agency's service
106.25 provider must conduct the conference within five days of the
106.26 request. The job counselor's supervisor, or a designee of the
106.27 supervisor, must review the outcome of the conciliation
106.28 conference. If the conciliation conference resolves the
106.29 noncompliance, the job counselor must promptly inform the county
106.30 agency and request withdrawal of the sanction notice.
106.31 (c) Upon receiving a sanction notice, the participant may
106.32 request a fair hearing under section 256J.40, without exercising
106.33 the option of a conciliation conference. In such cases, the
106.34 county agency shall not require the participant to engage in a
106.35 conciliation conference prior to the fair hearing.
106.36 (d) If the participant requests a fair hearing or a
107.1 conciliation conference, sanctions will not be imposed until
107.2 there is a determination of noncompliance. Sanctions must be
107.3 imposed as provided in section 256J.46.
107.4 Section 46 is effective January 1, 1998, except the
107.5 transitional provision in section 72 applies.
107.6 Sec. 47. [256J.60] [COUNTY EMPLOYMENT AND TRAINING
107.7 PERFORMANCE STANDARDS.]
107.8 Subdivision 1. [TWO-STAGE SET OF PERFORMANCE STANDARDS.]
107.9 The department shall adopt a two-stage set of employment and
107.10 training services performance standards. The first-stage
107.11 standards are mandatory for all counties and are intended to
107.12 enable the state to achieve the federal participation
107.13 standards. The second-stage standards are intended to reward
107.14 counties for performance that exceeds the mandatory standards.
107.15 Only those counties that meet the first-stage standards are
107.16 eligible for the second-stage standards.
107.17 Subd. 2. [FIRST-STAGE PERFORMANCE STANDARDS.] Each county
107.18 must independently meet the federal participation standards.
107.19 Failure to meet the federal participation standards will result
107.20 in a sanction as specified in subdivision 3. Only counties that
107.21 meet the federal participation standards are eligible for
107.22 incentives under subdivision 5.
107.23 Subd. 3. [APPORTIONMENT OF FEDERAL PARTICIPATION STANDARDS
107.24 SANCTIONS.] (a) If the state as a whole fails to achieve the
107.25 federal participation standards specified in section 256J.49,
107.26 subdivision 6, and is sanctioned by the federal government, the
107.27 fiscal penalty will be apportioned to the state and the counties
107.28 using the following method:
107.29 (1) the full sanction amount shall be multiplied by 50
107.30 percent. This is the state's share of the sanction;
107.31 (2) the nonstate share of the sanction shall be distributed
107.32 across all counties in direct proportion to their employment and
107.33 training services allocation for the year for which the sanction
107.34 was imposed. For counties that did not meet the federal
107.35 participation standards, this amount is the fiscal penalty that
107.36 shall be imposed on those counties;
108.1 (3) the amount computed in clause (2) shall be divided by
108.2 two. This is the fiscal penalty that shall be imposed on
108.3 counties that met the federal participation standards for the
108.4 year for which the sanction was imposed;
108.5 (4) under any circumstance, the sanction applied to any
108.6 county shall not exceed one-third of its employment and training
108.7 services allocation for the year for which the sanction was
108.8 imposed; and
108.9 (5) after applying clauses (1) to (4), any remaining
108.10 unattributed portion of the federal sanction shall be assumed by
108.11 the state.
108.12 (b) A county that fails to achieve the participation
108.13 standards specified in section 256J.49, subdivision 6, will be
108.14 subject to a review of its employment and training services
108.15 program under section 268.86, subdivision 2. The commissioners
108.16 of human services and economic security must work with the
108.17 county agency to assess and revise the county's programs, in
108.18 order to improve the county's ability to achieve the
108.19 participation standards in the following year.
108.20 (c) If, in a given year, the state as a whole has met the
108.21 participation standards specified in section 256J.49,
108.22 subdivision 6, a county for which the given year is the second
108.23 consecutive year in which the performance standards were not met
108.24 shall, in addition to a department review of the county program,
108.25 be subject to a fiscal sanction of an amount equal to 20 percent
108.26 of the total employment and training services allocation for the
108.27 second year in which the standards were not met.
108.28 (d) The sanction, as specified in paragraph (a) or (c),
108.29 shall be adjusted to account for variations in county
108.30 demographic and economic conditions. The commissioner shall
108.31 develop a method for this adjustment by January 1, 1998.
108.32 (e) A county may not pay its share of any federal or
108.33 state-imposed fiscal sanction from the county's employment and
108.34 training services allocation. Each county must maintain
108.35 employment and training services funding at the full allocation
108.36 level, regardless of any penalties that are imposed.
109.1 Subd. 4. [SECOND-STAGE PERFORMANCE STANDARDS.] (a)
109.2 Beginning July 1, 1998, and each quarter thereafter, the
109.3 commissioner of human services shall inform all counties of each
109.4 county's performance on the following measures:
109.5 (i) MFIP-S caseload reduction;
109.6 (ii) average placement wage rate;
109.7 (iii) rate of job retention after three months;
109.8 (iv) placement rate into unsubsidized jobs; and
109.9 (v) federal participation requirements as specified in
109.10 section 256J.49, subdivision 6.
109.11 (b) By July 1, 1999, the commissioner shall establish
109.12 performance standards for each of the measures in this
109.13 subdivision, and recommend to the legislature any changes to the
109.14 measures specified in this subdivision that would ensure
109.15 performance standards are developed to achieve the purposes of
109.16 this section.
109.17 Subd. 5. [INCENTIVE FUND.] (a) Beginning July 1, 2000, and
109.18 in each subsequent state fiscal year, the commissioner shall
109.19 withhold from allocation to counties five percent of the total
109.20 annual MFIP-S employment and training services appropriation in
109.21 an incentive fund to be awarded to counties that have met the
109.22 standards specified under subdivision 4 during the previous
109.23 fiscal year.
109.24 (b) Twenty percent of the total incentive fund shall be
109.25 reserved for each of the five measures specified in subdivision
109.26 4. On July 1, 2000, all counties that have met a given standard
109.27 during the previous state fiscal year shall share the incentive
109.28 fund monies for that standard. Each county's share of a
109.29 standard's incentive money shall be the same percent as its
109.30 MFIP-S employment and training services allocation for the
109.31 previous state fiscal year is of the sum of the allocations to
109.32 the counties that qualify to share in the incentive for a given
109.33 measure.
109.34 (c) At the discretion of the commissioner, during the first
109.35 two years of the incentive fund, incentive fund money may be
109.36 used as a contingency fund to cover unanticipated county costs
110.1 of implementing the employment and training services component
110.2 of MFIP-S.
110.3 (d) If no county achieves the second-stage standards, the
110.4 entire incentive fund, minus any amount expended under paragraph
110.5 (c), shall be allocated to all counties in direct proportion to
110.6 their original employment and training services allocation.
110.7 Section 47 is effective January 1, 1998, except the
110.8 transitional provision in section 72 applies.
110.9 Sec. 48. [256J.61] [REPORTING REQUIREMENTS.]
110.10 The commissioner of human services, in cooperation with the
110.11 commissioner of economic security, shall develop reporting
110.12 requirements for county agencies and employment and training
110.13 service providers according to section 256.01, subdivision 2,
110.14 paragraph (17). Reporting requirements must, to the extent
110.15 possible, use existing client tracking systems and must be
110.16 within the limits of funds available. The requirements must
110.17 include summary information necessary for state agencies and the
110.18 legislature to evaluate the effectiveness of the services.
110.19 Section 48 is effective January 1, 1998, except the
110.20 transitional provision in section 72 applies.
110.21 Sec. 49. [256J.62] [ALLOCATION OF COUNTY EMPLOYMENT AND
110.22 TRAINING SERVICES BLOCK GRANT.]
110.23 Subdivision 1. [ALLOCATION.] Money appropriated for MFIP-S
110.24 employment and training services must be allocated to counties
110.25 as specified in this section.
110.26 Subd. 2. [GUARANTEED FLOOR.] First, money shall be
110.27 allocated to counties in an amount equal to the county's
110.28 guaranteed floor. The county's guaranteed floor shall be
110.29 calculated as follows:
110.30 (1) for fiscal 1998, the guaranteed floor shall be
110.31 calculated by multiplying the county's STRIDE allocation
110.32 received for state fiscal year 1997 by 90 percent;
110.33 (2) for each subsequent fiscal year, the guaranteed floor
110.34 shall be calculated by multiplying the county's MFIP-S
110.35 employment and training services allocation received the
110.36 previous state fiscal year by 90 percent; and
111.1 (3) if the amount of funds available for allocation is less
111.2 than the amount allocated to all counties for the previous
111.3 fiscal year, each county's previous year allocation shall be
111.4 reduced in proportion to the reduction in statewide funding for
111.5 the purpose of establishing the guaranteed floor.
111.6 Subd. 3. [ALLOCATION OF BALANCE OF FUNDS.] If there remain
111.7 funds to allocate after establishing each county's guaranteed
111.8 floor under the provisions in subdivision 2, the balance of
111.9 funds shall be allocated as follows:
111.10 (1) for state fiscal year 1998, the remaining funds shall
111.11 be allocated based on the county's average number of AFDC and
111.12 family general assistance cases as compared to the statewide
111.13 total number of cases. The average number of cases shall be
111.14 based on counts of AFDC and family general assistance cases as
111.15 of March 31, June 30, September 30, and December 31 of calendar
111.16 year 1996;
111.17 (2) for state fiscal year 1999, the remaining funds shall
111.18 be allocated based on the county's average number of AFDC,
111.19 family general assistance, and MFIP-S cases as compared to the
111.20 statewide total number of cases. The average number of cases
111.21 shall be based on counts of AFDC, family general assistance,
111.22 MFIP-R, MFIP, and MFIP-S cases as of March 31, June 30,
111.23 September 30, and December 31 of calendar year 1997; and
111.24 (3) for all subsequent state fiscal years, the remaining
111.25 funds shall be allocated based on the county's average number of
111.26 MFIP-S cases as compared to the statewide total number of
111.27 cases. The average number of cases must be based on counts of
111.28 MFIP-S cases as of March 31, June 30, September 30, and December
111.29 31 of the previous calendar year.
111.30 Subd. 4. [ADMINISTRATIVE ACTIVITIES LIMIT.] No more than
111.31 15 percent of the money allocated under this section may be used
111.32 for administrative activities.
111.33 Subd. 4a. [STRIDE ALLOCATION.] Funds allocated for STRIDE
111.34 services for state fiscal year 1998 are allocated to county
111.35 agencies based on the provisions of statute in effect on June
111.36 30, 1997. At the time that the AFDC program is replaced by the
112.1 Temporary Assistance for Needy Families program under title I of
112.2 Public Law Number 104-193 of the Personal Responsibility and
112.3 Work Opportunity Reconciliation Act of 1996, any unexpended
112.4 balance of a county's STRIDE allocation for that fiscal year
112.5 remains available to the county for operation of MFIP-S
112.6 employment and training services and for the operation of the
112.7 STRIDE program for the MFIP and MFIP-R field trial counties for
112.8 the balance of the fiscal year. These STRIDE funds shall be
112.9 included in the calculation of the next year's MFIP-S employment
112.10 and training allocation under the provisions of subdivision 2.
112.11 Subd. 5. [BILINGUAL EMPLOYMENT AND TRAINING SERVICES TO
112.12 REFUGEES.] Funds appropriated to cover the costs of bilingual
112.13 employment and training services to refugees shall be allocated
112.14 to county agencies as follows:
112.15 (1) for state fiscal year 1998, the allocation shall be
112.16 based on the county's proportion of the total statewide number
112.17 of AFDC refugee cases in the previous fiscal year. Counties
112.18 with less than one percent of the statewide number of AFDC,
112.19 MFIP-R, or MFIP refugee cases shall not receive an allocation of
112.20 bilingual employment and training services funds; and
112.21 (2) for each subsequent fiscal year, the allocation shall
112.22 be based on the county's proportion of the total statewide
112.23 number of MFIP-S refugee cases in the previous fiscal year.
112.24 Counties with less than one percent of the statewide number of
112.25 MFIP-S refugee cases shall not receive an allocation of
112.26 bilingual employment and training services funds.
112.27 Subd. 6. [WORK LITERACY LANGUAGE PROGRAMS.] Funds
112.28 appropriated to cover the costs of work literacy language
112.29 programs to non-English speaking participants shall be allocated
112.30 to county agencies as follows:
112.31 (1) for state fiscal year 1998, the allocation shall be
112.32 based on the county's proportion of the total statewide number
112.33 of AFDC or MFIP cases in the previous fiscal year where the lack
112.34 of English is a barrier to employment. Counties with less than
112.35 two percent of the statewide number of AFDC or MFIP cases where
112.36 the lack of English is a barrier to employment shall not receive
113.1 an allocation of the work literacy language program funds; and
113.2 (2) for each subsequent fiscal year, the allocation shall
113.3 be based on the county's proportion of the total statewide
113.4 number of MFIP-S cases in the previous fiscal year where the
113.5 lack of English is a barrier to employment. Counties with less
113.6 than two percent of the statewide number of MFIP-S cases where
113.7 the lack of English is a barrier to employment shall not receive
113.8 an allocation of the work literacy language program funds.
113.9 Subd. 7. [REALLOCATION.] The commissioner of human
113.10 services shall review county agency expenditures of MFIP-S
113.11 employment and training services funds at the end of the third
113.12 quarter of the first year of the biennium and each quarter after
113.13 that and may reallocate unencumbered or unexpended money
113.14 appropriated under this section to those county agencies that
113.15 can demonstrate a need for additional money.
113.16 Subd. 8. [CONTINUATION OF CERTAIN SERVICES.] At county
113.17 option and with the agreement of the participant, the provider
113.18 may continue to provide case management, counseling or other
113.19 support services to a participant following the participant's
113.20 achievement of the employment goal, regardless of the
113.21 participant's eligibility for MFIP-S.
113.22 A county may expend funds for a specific employment and
113.23 training service for the duration of that service to a
113.24 participant if the funds are obligated or expended prior to the
113.25 participant losing MFIP-S eligibility.
113.26 Section 49 is effective January 1, 1998, except the
113.27 transitional provision in section 72 applies.
113.28 Sec. 50. [256J.645] [INDIAN TRIBE MFIP-S EMPLOYMENT AND
113.29 TRAINING.]
113.30 Subdivision 1. [AUTHORIZATION TO ENTER INTO
113.31 AGREEMENTS.] The commissioner may enter into agreements with
113.32 federally recognized Indian tribes with a reservation in the
113.33 state to provide MFIP-S employment and training services to
113.34 members of the Indian tribe and to other caregivers who are a
113.35 part of the tribal member's MFIP-S assistance unit. For
113.36 purposes of this section, "Indian tribe" means a tribe, band,
114.1 nation, or other federally recognized group or community of
114.2 Indians. The commissioner may also enter into an agreement with
114.3 a consortium of Indian tribes providing the governing body of
114.4 each Indian tribe in the consortium complies with the provisions
114.5 of this section.
114.6 Subd. 2. [TRIBAL REQUIREMENTS.] The Indian tribe must:
114.7 (1) agree to fulfill the responsibilities provided under
114.8 the employment and training component of MFIP-S regarding
114.9 operation of MFIP-S employment and training services, as
114.10 designated by the commissioner;
114.11 (2) operate its employment and training services program
114.12 within a geographic service area not to exceed the counties
114.13 within which a border of the reservation falls;
114.14 (3) operate its program in conformity with section 13.46
114.15 and any applicable federal regulations in the use of data about
114.16 MFIP-S recipients;
114.17 (4) coordinate operation of its program with the county
114.18 agency, Job Training Partnership Act programs, and other support
114.19 services or employment-related programs in the counties in which
114.20 the tribal unit's program operates;
114.21 (5) provide financial and program participant activity
114.22 recordkeeping and reporting in the manner and using the forms
114.23 and procedures specified by the commissioner and permit
114.24 inspection of its program and records by representatives of the
114.25 state; and
114.26 (6) have the Indian tribe's employment and training service
114.27 provider certified by the commissioner of economic security, or
114.28 approved by the county.
114.29 Subd. 3. [FUNDING.] (a) If the commissioner and an Indian
114.30 tribe are parties to an agreement under this subdivision, the
114.31 agreement may annually provide to the Indian tribe the funding
114.32 amount in clause (1) or (2):
114.33 (1) if the Indian tribe operated a tribal STRIDE program
114.34 during state fiscal year 1997, the amount to be provided is the
114.35 amount the Indian tribe received from the state for operation of
114.36 its tribal STRIDE program in state fiscal year 1997, except that
115.1 the amount provided for a fiscal year may increase or decrease
115.2 in the same proportion that the total amount of state funds
115.3 available for MFIP-S employment and training services increased
115.4 or decreased that fiscal year. No additional funds shall be
115.5 provided to the tribe under this clause for the first year of
115.6 expansion of MFIP beyond the pilot counties; or
115.7 (2) if the Indian tribe did not operate a tribal STRIDE
115.8 program during state fiscal year 1997, the commissioner may
115.9 provide to the Indian tribe for the first year of operations the
115.10 amount determined by multiplying the state allocation for MFIP-S
115.11 employment and training services to each county agency in the
115.12 Indian tribe's service delivery area by the percentage of MFIP-S
115.13 recipients in that county who were members of the Indian tribe
115.14 during the previous state fiscal year. The resulting amount
115.15 shall also be the amount that the commissioner may provide to
115.16 the Indian tribe annually thereafter through an agreement under
115.17 this subdivision, except that the amount provided for a fiscal
115.18 year may increase or decrease in the same proportion that the
115.19 total amount of state funds available for MFIP-S employment and
115.20 training services increased or decreased that fiscal year. No
115.21 additional funds shall be provided to the tribe under this
115.22 clause for the first year of expansion of MFIP beyond the pilot
115.23 counties.
115.24 (b) Indian tribal members receiving MFIP-S benefits and
115.25 residing in the service area of an Indian tribe operating
115.26 employment and training services under an agreement with the
115.27 commissioner must be referred by county agencies in the service
115.28 area to the Indian tribe for employment and training services.
115.29 Section 50 is effective January 1, 1998, except the
115.30 transitional provision in section 72 applies.
115.31 Sec. 51. [256J.65] [THE SELF-EMPLOYMENT INVESTMENT
115.32 DEMONSTRATION PROGRAM (SEID).]
115.33 (a) A caregiver who enrolls and participates in the SEID
115.34 program as specified in section 268.95, may, at county option,
115.35 be exempted from other employment and training participation
115.36 requirements for a period of up to 24 months, except for the
116.1 school attendance requirements as specified in section 256J.54.
116.2 (b) The following income and resource considerations apply
116.3 to SEID participants:
116.4 (1) an unencumbered cash reserve fund, composed of proceeds
116.5 from a SEID business, is not counted against the grant if those
116.6 funds are reinvested in the business and the value of the
116.7 business does not exceed $3,000. The value of the business is
116.8 determined by deducting outstanding encumbrances from retained
116.9 business profit; and
116.10 (2) the purchase of capital equipment and durable goods of
116.11 an amount up to $3,000 during a 24-month project period is
116.12 allowed as a business expense.
116.13 (c) SEID participants are also eligible for employment and
116.14 training services, including child care assistance and
116.15 transportation.
116.16 Section 51 is effective January 1, 1998, except the
116.17 transitional provision in section 72 applies.
116.18 Sec. 52. [256J.66] [ON-THE-JOB TRAINING.]
116.19 Subdivision 1. [ESTABLISHING THE ON-THE-JOB TRAINING
116.20 PROGRAM.] (a) County agencies may develop on-the-job training
116.21 programs for MFIP-S caregivers who are participating in
116.22 employment and training services. A county agency that chooses
116.23 to provide on-the-job training may make payments to employers
116.24 for on-the-job training costs that, during the period of the
116.25 training, must not exceed 50 percent of the wages paid by the
116.26 employer to the participant. The payments are deemed to be in
116.27 compensation for the extraordinary costs associated with
116.28 training participants under this section and in compensation for
116.29 the costs associated with the lower productivity of the
116.30 participants during training.
116.31 (b) Provision of an on-the-job training program under the
116.32 Job Training Partnership Act, in and of itself, does not qualify
116.33 as an on-the-job training program under this section.
116.34 (c) Participants in on-the-job training shall be
116.35 compensated by the employer at the same rates, including
116.36 periodic increases, as similarly situated employees or trainees
117.1 and in accordance with applicable law, but in no event less than
117.2 the federal or applicable state minimum wage, whichever is
117.3 higher.
117.4 Subd. 2. [TRAINING AND PLACEMENT.] (a) County agencies
117.5 shall limit the length of training based on the complexity of
117.6 the job and the caregiver's previous experience and training.
117.7 Placement in an on-the-job training position with an employer is
117.8 for the purpose of training and employment with the same
117.9 employer who has agreed to retain the person upon satisfactory
117.10 completion of training.
117.11 (b) Placement of any participant in an on-the-job training
117.12 position must be compatible with the participant's assessment
117.13 and employment plan under section 256J.52.
117.14 Section 52 is effective January 1, 1998, except the
117.15 transitional provision in section 72 applies.
117.16 Sec. 53. [256J.67] [COMMUNITY WORK EXPERIENCE.]
117.17 Subdivision 1. [ESTABLISHING THE COMMUNITY WORK EXPERIENCE
117.18 PROGRAM.] To the extent of available resources, each county
117.19 agency may establish and operate a work experience component for
117.20 MFIP-S caregivers who are participating in employment and
117.21 training services. This option for county agencies supersedes
117.22 the requirement in section 402(a)(1)(B)(iv) of the Social
117.23 Security Act that caregivers who have received assistance for
117.24 two months and who are not exempt from work requirements must
117.25 participate in a work experience program. The purpose of the
117.26 work experience component is to enhance the caregiver's
117.27 employability and self-sufficiency and to provide meaningful,
117.28 productive work activities. The county shall only use this
117.29 program after exhausting all other employment opportunities.
117.30 The county agency shall not require a caregiver to participate
117.31 in the community work experience program under this section
117.32 unless the caregiver has been given an opportunity to
117.33 participate in other work activities. The county shall only use
117.34 this program after exhausting all other employment
117.35 opportunities. The county agency shall not require a caregiver
117.36 to participate in the community work experience program under
118.1 this section unless the caregiver has been given an opportunity
118.2 to participate in other work activities.
118.3 Subd. 2. [COMMISSIONER'S DUTIES.] The commissioner shall
118.4 assist counties in the design and implementation of these
118.5 components.
118.6 Subd. 3. [EMPLOYMENT OPTIONS.] (a) Work sites developed
118.7 under this section are limited to projects that serve a useful
118.8 public service such as: health, social service, environmental
118.9 protection, education, urban and rural development and
118.10 redevelopment, welfare, recreation, public facilities, public
118.11 safety, community service, services to aged or disabled
118.12 citizens, and child care. To the extent possible, the prior
118.13 training, skills, and experience of a caregiver must be
118.14 considered in making appropriate work experience assignments.
118.15 (b) Structured, supervised volunteer work with an agency or
118.16 organization, which is monitored by the county service provider,
118.17 may, with the approval of the county agency, be used as a work
118.18 experience placement.
118.19 (c) As a condition of placing a caregiver in a program
118.20 under this section, the county agency shall first provide the
118.21 caregiver the opportunity:
118.22 (1) for placement in suitable subsidized or unsubsidized
118.23 employment through participation in a job search; or
118.24 (2) for placement in suitable employment through
118.25 participation in on-the-job training, if such employment is
118.26 available.
118.27 Subd. 4. [EMPLOYMENT PLAN.] (a) The caretaker's employment
118.28 plan must include the length of time needed in the work
118.29 experience program, the need to continue job-seeking activities
118.30 while participating in work experience, and the caregiver's
118.31 employment goals.
118.32 (b) After each six months of a caregiver's participation in
118.33 a work experience job placement, and at the conclusion of each
118.34 work experience assignment under this section, the county agency
118.35 shall reassess and revise, as appropriate, the caregiver's
118.36 employment plan.
119.1 (c) A participant may claim good cause under section
119.2 256J.57 for failing to cooperate with a work experience job
119.3 placement.
119.4 (d) The county agency shall limit the maximum number of
119.5 hours any participant may work under this section to the amount
119.6 of the applicable MFIP-S transitional standard divided by the
119.7 applicable federal or state minimum wage, whichever is higher.
119.8 After a participant has been assigned to a position for nine
119.9 months, the participant may not continue in that assignment
119.10 unless the maximum number of hours a participant works is no
119.11 greater than the amount of the applicable MFIP-S transitional
119.12 standard divided by the rate of pay for individuals employed in
119.13 the same or similar occupations by the same employer at the same
119.14 site.
119.15 Section 53 is effective January 1, 1998, except the
119.16 transitional provision in section 72 applies.
119.17 Sec. 54. [256J.68] [INJURY PROTECTION FOR WORK EXPERIENCE
119.18 PARTICIPANTS.]
119.19 Subdivision 1. [APPLICABILITY.] Payment of any claims
119.20 resulting from an alleged injury or death of a person
119.21 participating in a county or a tribal community work experience
119.22 program that is operated by the county agency or the tribe and
119.23 approved by the commissioner must be determined in accordance
119.24 with this section. This determination method applies to work
119.25 experience programs authorized by the commissioner for persons
119.26 applying for or receiving cash assistance and food stamps, and
119.27 to the Minnesota parent's fair share program and the community
119.28 service program under section 518.551, subdivision 5a, in a
119.29 county with an approved community investment program for
119.30 obligors.
119.31 Subd. 2. [INVESTIGATION OF THE CLAIM.] Claims that are
119.32 subject to this section must be investigated by the county
119.33 agency or the tribal program responsible for supervising the
119.34 work to determine whether the claimed injury occurred, whether
119.35 the claimed medical expenses are reasonable, and whether the
119.36 loss is covered by the claimant's insurance. If insurance
120.1 coverage is established, the county agency or tribal program
120.2 shall submit the claim to the appropriate insurance entity for
120.3 payment. The investigating county agency or tribal program
120.4 shall submit all valid claims, in the amount net of any
120.5 insurance payments, to the department of human services.
120.6 Subd. 3. [SUBMISSION OF CLAIM.] The commissioner shall
120.7 submit all claims for permanent partial disability compensation
120.8 to the commissioner of labor and industry. The commissioner of
120.9 labor and industry shall review all submitted claims and
120.10 recommend to the department of human services an amount of
120.11 compensation comparable to that which would be provided under
120.12 the permanent partial disability compensation schedule of
120.13 section 176.101, subdivision 2a.
120.14 Subd. 4. [CLAIMS LESS THAN $1,000.] The commissioner shall
120.15 approve a claim of $1,000 or less for payment if appropriated
120.16 funds are available, if the county agency or tribal program
120.17 responsible for supervising the work has made the determinations
120.18 required by this section, and if the work program was operated
120.19 in compliance with the safety provisions of this section. The
120.20 commissioner shall pay the portion of an approved claim of
120.21 $1,000 or less that is not covered by the claimant's insurance
120.22 within three months of the date of submission. On or before
120.23 February 1 of each year, the commissioner shall submit to the
120.24 appropriate committees of the senate and the house of
120.25 representatives a list of claims of $1,000 or less paid during
120.26 the preceding calendar year and shall be reimbursed by
120.27 legislative appropriation for any claims that exceed the
120.28 original appropriation provided to the commissioner to operate
120.29 this program. Any unspent money from this appropriation shall
120.30 carry over to the second year of the biennium, and any unspent
120.31 money remaining at the end of the second year shall be returned
120.32 to the state general fund.
120.33 Subd. 5. [CLAIMS MORE THAN $1,000.] On or before February
120.34 1 of each year, the commissioner shall submit to the appropriate
120.35 committees of the senate and the house of representatives a list
120.36 of claims in excess of $1,000 and a list of claims of $1,000 or
121.1 less that were submitted to but not paid by the commissioner,
121.2 together with any recommendations of appropriate compensation.
121.3 These claims shall be heard and determined by the appropriate
121.4 committees of the senate and house of representatives and, if
121.5 approved, must be paid under the legislative claims procedure.
121.6 Subd. 6. [COMPENSATION FOR CERTAIN COSTS.] Compensation
121.7 paid under this section is limited to reimbursement for
121.8 reasonable medical expenses and permanent partial disability
121.9 compensation for disability in like amounts as allowed in
121.10 section 176.101, subdivision 2a. Compensation for injuries
121.11 resulting in death shall include reasonable medical expenses and
121.12 burial expenses in addition to payment to the participant's
121.13 estate in an amount up to $200,000. No compensation shall be
121.14 paid under this section for pain and suffering, lost wages, or
121.15 other benefits provided in chapter 176. Payments made under
121.16 this section shall be reduced by any proceeds received by the
121.17 claimant from any insurance policy covering the loss. For the
121.18 purposes of this section, "insurance policy" does not include
121.19 the medical assistance program authorized under chapter 256B or
121.20 the general assistance medical care program authorized under
121.21 chapter 256D.
121.22 Subd. 7. [EXCLUSIVE PROCEDURE.] The procedure established
121.23 by this section is exclusive of all other legal, equitable, and
121.24 statutory remedies against the state, its political
121.25 subdivisions, or employees of the state or its political
121.26 subdivisions. The claimant shall not be entitled to seek
121.27 damages from any state, county, tribal, or reservation insurance
121.28 policy or self-insurance program.
121.29 Subd. 8. [INVALID CLAIMS.] A claim is not valid for
121.30 purposes of this section if the county agency responsible for
121.31 supervising the work cannot verify to the commissioner:
121.32 (1) that appropriate safety training and information is
121.33 provided to all persons being supervised by the agency under
121.34 this section; and
121.35 (2) that all programs involving work by those persons
121.36 comply with federal Occupational Safety and Health
122.1 Administration and state department of labor and industry safety
122.2 standards. A claim that is not valid because of failure to
122.3 verify safety training or compliance with safety standards will
122.4 not be paid by the department of human services or through the
122.5 legislative claims process and must be heard, decided, and paid,
122.6 if appropriate, by the local government unit or tribal JOBS
122.7 program responsible for supervising the work of the claimant.
122.8 Section 54 is effective January 1, 1998, except the
122.9 transitional provision in section 72 applies.
122.10 Sec. 55. [256J.69] [GRANT DIVERSION.]
122.11 Subdivision 1. [ESTABLISHING THE GRANT DIVERSION
122.12 PROGRAM.] (a) County agencies may develop grant diversion
122.13 programs for MFIP-S participants participating in employment and
122.14 training services. A county agency that chooses to provide
122.15 grant diversion may divert to an employer part or all of the
122.16 MFIP-S cash payment for the participant's assistance unit, in
122.17 compliance with federal regulations and laws. Such payments to
122.18 an employer are to subsidize employment for MFIP-S participants
122.19 as an alternative to public assistance payments.
122.20 (b) In addition to diverting the MFIP-S grant to the
122.21 employer, employment and training funds may be used to subsidize
122.22 the grant diversion placement.
122.23 (c) Participants in grant diversion shall be compensated by
122.24 the employer at the same rates, including periodic increases, as
122.25 similarly situated employees or trainees and in accordance with
122.26 applicable law, but in no event less than the federal or
122.27 applicable state minimum wage, whichever is higher.
122.28 Subd. 2. [TRAINING AND PLACEMENT.] (a) County agencies
122.29 shall limit the length of training to nine months. Placement in
122.30 a grant diversion training position with an employer is for the
122.31 purpose of training and employment with the same employer who
122.32 has agreed to retain the person upon satisfactory completion of
122.33 training.
122.34 (b) Placement of any participant in a grant diversion
122.35 subsidized training position must be compatible with the
122.36 assessment and employment plan or employability development plan
123.1 established for the recipient under section 256J.52 or 256K.03,
123.2 subdivision 8.
123.3 Section 55 is effective January 1, 1998, except the
123.4 transitional provision in section 72 applies.
123.5 Sec. 56. [256J.72] [NONDISPLACEMENT IN WORK ACTIVITIES.]
123.6 Subdivision 1. [NONDISPLACEMENT PROTECTION.] For job
123.7 assignments under jobs programs established under chapter 256,
123.8 256D, 256J, or 256K, the county agency must provide written
123.9 notification to and obtain the written concurrence of the
123.10 appropriate exclusive bargaining representatives with respect to
123.11 job duties covered under collective bargaining agreements and
123.12 ensure that no work assignment under chapter 256, 256D, 256J, or
123.13 256K results in:
123.14 (1) termination, layoff, or reduction of the work hours of
123.15 an employee for the purpose of hiring an individual under this
123.16 section;
123.17 (2) the hiring of an individual if any other person is on
123.18 layoff, including seasonal layoff, from the same or a
123.19 substantially equivalent job;
123.20 (3) any infringement of the promotional opportunities of
123.21 any currently employed individual;
123.22 (4) the impairment of existing contract for services of
123.23 collective bargaining agreements; or
123.24 (5) a participant filling an established unfilled position
123.25 vacancy, except for a position filled using grant diversion as
123.26 provided in section 256J.69 or on-the-job training.
123.27 The written notification must be provided to the
123.28 appropriate exclusive bargaining representatives at least 14
123.29 days in advance of placing recipients in temporary public
123.30 service employment. The notice must include the number of
123.31 individuals involved, their work locations and anticipated hours
123.32 of work, a summary of the tasks to be performed, and a
123.33 description of how the individuals will be trained and
123.34 supervised.
123.35 Subd. 2. [DISPUTE RESOLUTION.] (a) If there is a dispute
123.36 between an exclusive bargaining representative and a county
124.1 provider or employer over whether job duties are within the
124.2 scope of a collective bargaining unit, the exclusive bargaining
124.3 representative, the county, the provider, or the employer may
124.4 petition the bureau of mediation services to determine if the
124.5 job duties are within the scope of a collective bargaining unit,
124.6 and the bureau shall render a binding decision.
124.7 (b) In the event of a dispute under this section, the
124.8 parties may:
124.9 (1) use a grievance and arbitration procedure of an
124.10 existing collective bargaining agreement to process a dispute
124.11 over whether a violation of the nondisplacement provisions has
124.12 occurred; or
124.13 (2) if no grievance and arbitration procedure is in place,
124.14 either party may submit the dispute to the bureau. The
124.15 commissioner of the bureau of mediation services shall establish
124.16 a procedure for a neutral, binding resolution of the dispute.
124.17 Subd. 3. [STATUS OF PARTICIPANT.] A participant may not
124.18 work in a temporary public service or community service job for
124.19 a public employer for more than 67 working days or 536 hours,
124.20 whichever is greater, as part of a work program established
124.21 under chapter 256, 256D, 256J, or 256K. A participant who
124.22 exceeds the time limits in this subdivision is a public
124.23 employee, as that term is used in chapter 179A. Upon the
124.24 written request of the exclusive bargaining representative, a
124.25 county or public service employer shall make available to the
124.26 affected exclusive bargaining representative a report of hours
124.27 worked by participants in temporary public service or community
124.28 service jobs.
124.29 Section 56 is effective January 1, 1998, except the
124.30 transitional provision in section 72 applies.
124.31 Sec. 57. [256J.74] [RELATIONSHIP TO OTHER PROGRAMS.]
124.32 Subdivision 1. [SOCIAL SERVICES.] The county agency shall
124.33 refer a participant for social services that are offered in the
124.34 county of financial responsibility according to the criteria
124.35 established by that county agency under Minnesota Rules, parts
124.36 9550.0010 to 9550.0092. A payment issued from federal funds
125.1 under title XX of the Social Security Act, state funds under the
125.2 Community Social Services Act, federal or state child welfare
125.3 funds, or county funds in a payment month must not restrict
125.4 MFIP-S eligibility or reduce the monthly assistance payment for
125.5 that participant.
125.6 Subd. 2. [CONCURRENT ELIGIBILITY, LIMITATIONS.] A county
125.7 agency must not count an applicant or participant as a member of
125.8 more than one assistance unit in a given payment month, except
125.9 as provided in clauses (1) and (2).
125.10 (1) A participant who is a member of an assistance unit in
125.11 this state is eligible to be included in a second assistance
125.12 unit in the first full month that the participant leaves the
125.13 first assistance unit and lives with a second assistance unit.
125.14 (2) An applicant whose needs are met through foster care
125.15 that is reimbursed under title IV-E of the Social Security Act
125.16 for the first part of an application month is eligible to
125.17 receive assistance for the remaining part of the month in which
125.18 the applicant returns home. Title IV-E payments and adoption
125.19 assistance payments must be considered prorated payments rather
125.20 than a duplication of MFIP-S need.
125.21 Subd. 3. [EMERGENCY ASSISTANCE, ASSISTANCE UNIT WITH A
125.22 MINOR CHILD.] An MFIP-S assistance unit with a minor child or a
125.23 pregnant woman without a minor child is eligible for emergency
125.24 assistance when the assistance unit meets the requirements in
125.25 section 256J.48, subdivision 2.
125.26 Subd. 4. [MEDICAL ASSISTANCE.] Medical assistance
125.27 eligibility for MFIP-S participants shall be determined as
125.28 described in chapter 256B.
125.29 Section 57 is effective January 1, 1998, except the
125.30 transitional provision in section 72 applies.
125.31 Sec. 58. [256J.75] [COUNTY OF FINANCIAL RESPONSIBILITY
125.32 POLICIES.]
125.33 Subdivision 1. [COUNTY OF FINANCIAL RESPONSIBILITY.] The
125.34 county of financial responsibility is the county in which a
125.35 minor child or pregnant woman lives on the date the application
125.36 is signed, unless subdivision 4 applies. When more than one
126.1 county is financially responsible for the members of an
126.2 assistance unit, financial responsibility must be assigned to a
126.3 single county beginning the first day of the calendar month
126.4 after the assistance unit members are required to be in a single
126.5 assistance unit. Financial responsibility must be assigned to
126.6 the county that was initially responsible for the assistance
126.7 unit member with the earliest date of application. The county
126.8 in which the assistance unit is currently residing becomes
126.9 financially responsible for the entire assistance unit beginning
126.10 two full calendar months after the month in which financial
126.11 responsibility was consolidated in one county.
126.12 Subd. 2. [CHANGE IN RESIDENCE.] (a) When an assistance
126.13 unit moves from one county to another and continues to receive
126.14 assistance, the new county of residence becomes the county of
126.15 financial responsibility when that assistance unit has lived in
126.16 that county in nonexcluded status for two full calendar months.
126.17 "Nonexcluded status" means the period of residence that is not
126.18 considered excluded time under section 256G.02, subdivision 6.
126.19 When a minor child moves from one county to another to reside
126.20 with a different caregiver, the caregiver in the former county
126.21 is eligible to receive assistance for that child only through
126.22 the last day of the month of the move. The caregiver in the new
126.23 county becomes eligible to receive assistance for the child the
126.24 first day of the month following the move or the date of
126.25 application, whichever is later.
126.26 (b) When an applicant moves from one county to another
126.27 while the application is pending, the county where application
126.28 first occurred is the county of financial responsibility until
126.29 the applicant has lived in the new county for two full calendar
126.30 months, unless the applicant's move is covered under section
126.31 256G.02, subdivision 6.
126.32 Subd. 3. [RESPONSIBILITY FOR INCORRECT ASSISTANCE
126.33 PAYMENTS.] A county of residence, when different from the county
126.34 of financial responsibility, will be charged by the commissioner
126.35 for the value of incorrect assistance payments and medical
126.36 assistance paid to or on behalf of a person who was not eligible
127.1 to receive that amount. Incorrect payments include payments to
127.2 an ineligible person or family resulting from decisions,
127.3 failures to act, miscalculations, or overdue recertification.
127.4 However, financial responsibility does not accrue for a county
127.5 when the recertification is overdue at the time the referral is
127.6 received by the county of residence or when the county of
127.7 financial responsibility does not act on the recommendation of
127.8 the county of residence. When federal or state law requires
127.9 that medical assistance continue after assistance ends, this
127.10 subdivision also governs financial responsibility for the
127.11 extended medical assistance.
127.12 Subd. 4. [EXCLUDED TIME.] When an applicant or participant
127.13 resides in an excluded time facility as described in section
127.14 256G.02, subdivision 6, the county that is financially
127.15 responsible for the applicant or participant is the county in
127.16 which the applicant or participant last resided outside such a
127.17 facility immediately before entering the facility. When an
127.18 applicant or participant has not resided in this state for any
127.19 time other than excluded time as defined in section 256G.02,
127.20 subdivision 6, the county that is financially responsible for
127.21 the applicant or participant is the county in which the
127.22 applicant or participant resides on the date the application is
127.23 signed.
127.24 Section 58 is effective January 1, 1998, except the
127.25 transitional provision in section 72 applies.
127.26 Sec. 59. [256J.76] [COUNTY ADMINISTRATIVE AID.]
127.27 Subdivision 1. [ADMINISTRATIVE FUNCTIONS.] Beginning July
127.28 1, 1997, counties will receive federal funds from the TANF block
127.29 grant for use in supporting eligibility, fraud control, and
127.30 other related administrative functions. The federal funds
127.31 available for distribution, as determined by the commissioner,
127.32 must be an amount equal to federal administrative aid
127.33 distributed for fiscal year 1996 under titles IV-A and IV-F of
127.34 the Social Security Act in effect prior to October 1, 1996.
127.35 This amount must include the amount paid for local
127.36 collaboratives under sections 245.4932 and 256F.13, but must not
128.1 include administrative aid associated with child care under
128.2 section 119B.05, with emergency assistance intensive family
128.3 preservation services under section 256.8711, with
128.4 administrative activities as part of the employment and training
128.5 services under section 256.736, or with fraud prevention
128.6 investigation activities under section 256.983.
128.7 Subd. 2. [ALLOCATION OF COUNTY FUNDS.] (a) The
128.8 commissioner shall determine and allocate the funds available to
128.9 each county on a calendar year basis.
128.10 (b) For calendar year 1998, the commissioner shall allocate
128.11 the funds available under subdivision 1 in proportion to
128.12 administrative aid paid to each county for fiscal year 1996,
128.13 excluding any amounts paid for local collaboratives under
128.14 sections 245.4932 and 256F.13. For the period from July 1,
128.15 1997, to December 31, 1997, each county shall receive an
128.16 additional 50 percent of its calendar year 1998 allocation.
128.17 (c) For calendar year 1999 and following years, the
128.18 commissioner shall allocate the funds available under
128.19 subdivision 1 based on each county's average number of MFIP-S
128.20 cases as compared to the statewide total number of cases. The
128.21 average number of cases must be based on counts of MFIP-S cases
128.22 as of March 31, June 30, September 30, and December 31 of the
128.23 preceding calendar year.
128.24 Subd. 3. [MONTHLY PAYMENTS TO COUNTIES.] The commissioner
128.25 shall pay counties monthly as federal funds are available. The
128.26 commissioner may certify the payments for the first three months
128.27 of a calendar year.
128.28 Subd. 4. [REPORTING REQUIREMENT.] The commissioner shall
128.29 specify requirements for reporting according to section 256.01,
128.30 subdivision 2, paragraph (17). Each county shall be reimbursed
128.31 at a rate of 50 percent of eligible expenditures up to the limit
128.32 of its allocation.
128.33 Sec. 60. [256J.77] [COUNTY AID FOR SUPPLEMENTAL HOUSING
128.34 ASSISTANCE.]
128.35 Subdivision 1. [PROGRAM ESTABLISHED.] This section may be
128.36 cited as the county aid for supplemental housing assistance
129.1 program (CASHAP). CASHAP is a statewide program intended to
129.2 help meet the housing needs of legal noncitizens residing in
129.3 Minnesota on August 22, 1996, who became ineligible for SSI
129.4 benefits under the Personal Responsibility and Work Opportunity
129.5 Reconciliation Act of 1996, Public Law Number 104-193.
129.6 Subd. 2. [ALLOCATION OF COUNTY AID FOR HOUSING ASSISTANCE
129.7 FUNDS.] State funds appropriated for the county aid for
129.8 supplemental housing assistance program shall be allocated to
129.9 county agencies as follows:
129.10 (1) for state fiscal year 1998, the allocation shall be
129.11 based on the county's proportion of the total statewide number
129.12 of legal noncitizens residing in Minnesota on August 22, 1996,
129.13 who became ineligible for SSI benefits under the Personal
129.14 Responsibility and Work Opportunity Reconciliation Act of 1996,
129.15 Public Law Number 104-193; and
129.16 (2) for subsequent fiscal years, the allocation shall be
129.17 based on the county's proportion of total statewide spending for
129.18 county aid for supplemental housing assistance in the preceding
129.19 year.
129.20 Subd. 3. [USE OF CASHAP FUNDS.] County agencies may spend
129.21 CASHAP funds at their discretion to assist with the housing
129.22 needs of legal noncitizens residing in Minnesota on August 22,
129.23 1996, who became ineligible for SSI under the Personal
129.24 Responsibility and Work Opportunity Reconciliation Act of 1996,
129.25 Public Law Number 104-193.
129.26 Subd. 4. [REALLOCATION OF UNUSED FUNDS.] Any CASHAP funds
129.27 not used by a county at the end of a fiscal year shall be
129.28 returned to the commissioner and reallocated in the following
129.29 fiscal year as provided in subdivision 2.
129.30 Sec. 61. [NOTICE AND REFERRAL PROCEDURES FOR DOMESTIC
129.31 VIOLENCE VICTIMS.]
129.32 The commissioner of human services shall develop procedures
129.33 for the county agencies and their contractors to identify
129.34 victims of domestic violence. The procedures must provide, at a
129.35 minimum, universal notification to all applicants and recipients
129.36 of MFIP-S that:
130.1 (1) referrals to counseling and supportive services are
130.2 available for victims of domestic violence;
130.3 (2) nonpermanent resident battered individuals married to
130.4 U.S. citizens or permanent residents may be eligible to petition
130.5 for permanent residency under the Violence Against Women Act,
130.6 and that referrals to appropriate legal services are available;
130.7 and
130.8 (3) victims of domestic violence are exempt from the
130.9 60-month limit on assistance while the individual is complying
130.10 with an approved safety plan, as defined in section 256J.49,
130.11 subdivision 11.
130.12 Notification must be in writing and orally at the time of
130.13 application and recertification, when the individual is referred
130.14 to the title IV-D child support agency, and at the beginning of
130.15 any job training or work placement assistance program.
130.16 Sec. 62. [DOMESTIC VIOLENCE; TRAINING PROGRAMS.]
130.17 The commissioner of human services shall establish
130.18 mandatory domestic violence and sexual abuse training programs
130.19 for employees, contractors, subcontractors, and county welfare
130.20 agencies of the department of human services who work with
130.21 applicants and recipients. To the extent possible, the state or
130.22 local agency shall not refer applicants or recipients to any
130.23 employer who has not been trained in dealing with issues related
130.24 to domestic violence and sexual assault.
130.25 The commissioner shall establish a request for proposals
130.26 from experts in domestic violence and sexual assault issues to
130.27 train employees, contractors, and county welfare agency workers
130.28 on issues of domestic violence and sexual assault. To the
130.29 extent possible, the commissioner will integrate training on
130.30 domestic violence and sexual assault issues with retraining of
130.31 state and county employees on implementation of the new TANF
130.32 program.
130.33 Sec. 63. [FORECAST OF COSTS REQUIRED.]
130.34 For the part of the department of human services' budget
130.35 devoted to assistance to families grants, the commissioner shall
130.36 forecast the total projected costs of each component activity
131.1 biannually, as a part of the November and March forecasts. The
131.2 total projected costs must also be recognized in the fund
131.3 balance.
131.4 Sec. 64. [FINDINGS; CONTINGENT BENEFIT STANDARDS.]
131.5 The legislature makes the following findings:
131.6 (a) The legislature is statutorily required to balance the
131.7 state budget.
131.8 (b) The task of balancing the state budget is made
131.9 difficult in the area of the new federal welfare reform program
131.10 for needy families due to the dramatic change in program design
131.11 that this state and all other states must experience, rendering
131.12 historical data on client behavior, interstate migration, and
131.13 welfare spending patterns of dubious value.
131.14 (c) Many states are using the flexibility given to them
131.15 under the federal welfare reform bill to enact more restrictive
131.16 programs than Minnesota.
131.17 (d) Minnesota county human service agencies have reported
131.18 to the commissioner of human services verified cases of families
131.19 moving from other states to this state at least in part because
131.20 this state has higher public assistance benefits.
131.21 (e) Within the state's limited resources, the legislature
131.22 wishes to manage funds appropriated under this part to best
131.23 provide for needy Minnesota families and their children.
131.24 (f) To that end, the legislature has adopted a policy of
131.25 requiring families to be in this state for at least 30 days
131.26 before being eligible for benefits and providing families in
131.27 which no mandatory member has resided in Minnesota for the
131.28 previous 12 months a benefit based on the grant they would have
131.29 received had they applied for benefits in their previous state
131.30 of residence.
131.31 (g) Therefore, if the policy designed to make welfare
131.32 benefits a neutral factor in the decision to move to Minnesota
131.33 and to best manage the benefit appropriation for needy Minnesota
131.34 families and their children, while providing a safety net for
131.35 recent interstate migrants, is enjoined or otherwise prevented
131.36 from being implemented, the commissioner shall do the
132.1 following: (1) ratably reduce benefits under AFDC and MFIP-S,
132.2 but only in an amount sufficient to remain within the forecasted
132.3 budgets for those programs;
132.4 (2) notify the fiscal and policy chairs of the house and
132.5 senate human services committees that the reductions have taken
132.6 place; and
132.7 (3) formulate a plan to be presented to the next
132.8 legislative session.
132.9 Vendor payments under this paragraph shall be for rent and
132.10 utilities, up to the limit of the grant amount. Residual
132.11 amounts, if any, shall be paid directly to the assistance unit.
132.12 Sec. 65. [TRANSFER FUNDING.]
132.13 Effective July 1, 1997, all funding related to the child
132.14 care assistance programs under Minnesota Statutes, section
132.15 256.035, subdivision 8, is transferred to the commissioner of
132.16 children, families, and learning.
132.17 Sec. 66. [SEVERABILITY CLAUSE.]
132.18 If any provision of this act is enjoined from
132.19 implementation or found unconstitutional by any court of
132.20 competent jurisdiction, the remaining provisions shall remain
132.21 valid and shall be given full effect.
132.22 Sec. 67. [TRIBAL EMPLOYMENT AND TRAINING PROGRAM; REPORT.]
132.23 Subdivision 1. [AUTHORITY.] The commissioner of human
132.24 services, in conjunction with Indian tribes in the state, shall
132.25 develop and present to the legislature a plan for providing
132.26 state funds in support of a family assistance program
132.27 administered by Indian tribes who have a reservation in this
132.28 state and who have federal approval to operate a tribal
132.29 program. This plan must identify the primary arrangements
132.30 needed to effect tribal administration and needed funding,
132.31 including agreements with a consortium of tribes, that
132.32 accurately reflects the state funding levels for Indian people
132.33 as would otherwise be available to MFIP-S program recipients.
132.34 This plan must be developed consistent with the requirements set
132.35 forth in the Personal Responsibility and Work Opportunity
132.36 Reconciliation Act of 1996, Public Law Number 104-193, section
133.1 412(b)(1)(B). For purposes of this section, "Indian tribe"
133.2 means a tribe, band, nation, or other federally recognized group
133.3 or community of Indians.
133.4 Subd. 2. [REPORT TO THE LEGISLATURE.] The plan referred to
133.5 in subdivision 1 and any resulting proposal for legislation must
133.6 be presented to the legislature by December 15, 1997.
133.7 Subd. 3. [TRIBAL AGREEMENTS.] Once the plan in subdivision
133.8 1 is presented to and approved by the legislature and signed
133.9 into law, the commissioner is authorized to enter into
133.10 agreements with Indian tribes or consortia of tribes consistent
133.11 with the plan.
133.12 Subd. 4. [TRIBAL AND STATE COORDINATION.] The commissioner
133.13 shall consult with Indian tribes in the state when formulating
133.14 general policies regarding the implementation of the state's
133.15 public assistance program operated under title IV-A of the
133.16 Social Security Act. The commissioner shall take into
133.17 consideration circumstances affecting Indians, including
133.18 circumstances identified by Indian tribes, when designing the
133.19 state's program. The state shall provide Indians with equitable
133.20 access to assistance as provided in the Personal Responsibility
133.21 and Work Opportunity Reconciliation Act of 1996, Public Law
133.22 Number 104-193, section 402(a)(5).
133.23 Subd. 5. [EMPLOYMENT TRAINING.] Nothing in this section
133.24 precludes any Indian tribe in this state from participating in
133.25 employment and training or child care programs otherwise
133.26 available by law to Indian tribes under:
133.27 (1) the MFIP program under Minnesota Statutes, sections
133.28 256.031 to 256.0351, or its successor program;
133.29 (2) project STRIDE under Minnesota Statutes, section
133.30 256.736, or its successor program;
133.31 (3) child care programs for tribal program participants;
133.32 and
133.33 (4) the Minnesota injury protection program.
133.34 Subd. 6. [TRIBAL SOVEREIGN STATUS.] Nothing in this
133.35 section shall be construed to waive, modify, expand, or diminish
133.36 the sovereignty of federally recognized Indian tribes, nor shall
134.1 any Indian tribes be required in any way to deny their
134.2 sovereignty or waive their immunities except as mandated by
134.3 federal law as a requirement of entering into an agreement with
134.4 the state under this section.
134.5 Subd. 7. [PLANNING.] The commissioner of human services
134.6 shall assist tribes, in a collaborative effort, with the
134.7 development of the plan under subdivision 1 and efforts
134.8 associated with such development. Such efforts shall include,
134.9 but not be limited to, data collection regarding: receipt of
134.10 public assistance by Indians, unemployment rates within tribal
134.11 service delivery areas, and dissemination of information and
134.12 research. The commissioner shall provide technical assistance
134.13 to tribal welfare reform task force members and tribes regarding
134.14 the implementation and operation of public assistance programs
134.15 and assistance to tribes to develop the plan under subdivision 1.
134.16 Sec. 68. [REPAYMENT OF POST-SECONDARY EDUCATION FUNDS;
134.17 PROPOSAL REQUIRED.]
134.18 By February 15, 1998, the commissioner of human services,
134.19 in consultation with representatives of county agencies, must
134.20 develop and submit to the legislature a proposal that specifies
134.21 a methodology for the repayment of funds under Minnesota
134.22 Statutes 1996, section 256J.53, subdivision 4. The
134.23 commissioner's proposal must not apply the methodology
134.24 retroactively to participants who had a post-secondary education
134.25 or training program approved under that section before the date
134.26 that the commissioner's proposal, if enacted, becomes effective.
134.27 Sec. 69. [REPEALER.]
134.28 (a) Minnesota Statutes 1996, sections 256.12, subdivisions
134.29 9, 10, 14, 15, 19, 20, 21, 22, and 23; 256.72; 256.73,
134.30 subdivisions 1, 1a, 1b, 2, 3a, 3b, 5, 5a, 6, 8, 8a, 9, 10, and
134.31 11; 256.7341; 256.736, subdivision 18; 256.7365, subdivisions 1,
134.32 2, 3, 4, 5, 6, 7, and 9; 256.7366; 256.737; 256.738; 256.7381;
134.33 256.7382; 256.7383; 256.7384; 256.7385; 256.7386; 256.7387;
134.34 256.7388; 256.739; 256.74, subdivisions 1, 1a, 1b, 2, and 6;
134.35 256.745; 256.75; 256.76, subdivision 1; 256.78; 256.80; 256.81;
134.36 256.82; 256.84; 256.85; 256.86; 256.863; 256.871; and 256.879,
135.1 are repealed effective July 1, 1998.
135.2 (b) From January 1, 1998, to March 31, 1998, the statutory
135.3 sections listed in paragraph (a) apply only in counties that
135.4 operate an MFIP field trial and that continue to provide project
135.5 STRIDE services to members of the MFIP comparison group, and in
135.6 those counties that have not completed conversion to MFIP-S
135.7 employment and training services.
135.8 (c) From April 1, 1998, through June 30, 1998, the sections
135.9 listed in paragraph (a) are effective only in counties that
135.10 operate an MFIP field trial and that continue to provide project
135.11 STRIDE services to members of the comparison group.
135.12 Sec. 70. [NOTICE OF EARLY IMPLEMENTATION.]
135.13 Notwithstanding any inconsistent provisions of sections
135.14 256.12, 256.72 to 256.87, and 256D.01 to 256D.21, a county may
135.15 implement the provisions of chapter 256J or 256K before January
135.16 1, 1998, if the county submits a written notice to the
135.17 commissioner of human services that specifies the date of
135.18 implementation and concisely outlines the county's plan for
135.19 early implementation. Upon receipt of a county's notice, the
135.20 commissioner must review the county's plan for feasibility of
135.21 implementation. The commissioner's review must occur in a
135.22 timely manner. The commissioner may request modifications to
135.23 the county's plan to increase its feasibility. When the
135.24 commissioner agrees with the county's plan, the commissioner
135.25 must publish a notice in the state register that specifies the
135.26 date upon which the MFIP-S program replaces the AFDC and family
135.27 GA programs in the county.
135.28 Sec. 71. [EFFECTIVE DATE.]
135.29 Subdivision 1. [GENERAL EFFECTIVE DATE.] Except as
135.30 specified in subdivision 2, article 1 is effective July 1, 1997.
135.31 Subd. 2. [TRANSITION EFFECTIVE DATE.] The sections
135.32 specified in this article are effective January 1, 1998, except
135.33 that for counties who elect to begin operation of MFIP-S prior
135.34 to January 1, 1998, these sections take effect for each county
135.35 on the date that MFIP-S is implemented in the county.
135.36 ARTICLE 2
136.1 WORK FIRST PROGRAM
136.2 Section 1. [256K.01] [WORK FIRST PROGRAM.]
136.3 Subdivision 1. [CITATION.] Sections 256K.01 to 256K.09 may
136.4 be cited as the work first program.
136.5 Subd. 2. [DEFINITIONS.] As used in sections 256K.01 to
136.6 256K.09, the following words have the meanings given them.
136.7 (a) "Applicant" means an individual who has submitted a
136.8 request for assistance and has never received an AFDC, MFIP-S or
136.9 a family general assistance grant through the MAXIS computer
136.10 system as a caregiver, or an applicant whose AFDC, MFIP-S or
136.11 family general assistance application was denied or benefits
136.12 were terminated due to noncompliance with work first
136.13 requirements.
136.14 (b) "Application date" means the date any Minnesota county
136.15 agency receives a signed and dated combined application form
136.16 Part I.
136.17 (c) "CAF" means a combined application form on which people
136.18 apply for multiple assistance programs, including: cash
136.19 assistance, refugee cash assistance, Minnesota supplemental aid,
136.20 food stamps, medical assistance, general assistance medical
136.21 care, emergency assistance, emergency medical assistance, and
136.22 emergency general assistance medical care.
136.23 (d) "Caregiver" means a parent or eligible adult, including
136.24 a pregnant woman, who is part of the assistance unit that has
136.25 applied for or is receiving an AFDC, MFIP-S, or family general
136.26 assistance grant. In a two-parent family, both parents are
136.27 caregivers.
136.28 (e) "Child support" means a voluntary or court-ordered
136.29 payment by absent parents in an assistance unit.
136.30 (f) "Commissioner" means the commissioner of human services.
136.31 (g) "Department" means the department of human services.
136.32 (h) "Employability development plan" or "EDP" means a plan
136.33 developed by the applicant, with advice from the employment
136.34 advisor, for the purposes of identifying an employment goal,
136.35 improving work skills through certification or education,
136.36 training or skills recertification, and which addresses barriers
137.1 to employment.
137.2 (i) "EDP status report form" means a program form on which
137.3 deferred participants indicate what has been achieved in the
137.4 participant's employability development plan and the types of
137.5 problems encountered.
137.6 (j) "Employment advisor" means a program staff member who
137.7 is qualified to assist the participant to develop a job search
137.8 or employability development plan, match the participant with
137.9 existing job openings, refer the participant to employers, and
137.10 has an extensive knowledge of employers in the area.
137.11 (k) "Financial specialist" means a program staff member who
137.12 is trained to explain the benefits offered under the program,
137.13 determine eligibility for different assistance programs, and
137.14 broker other resources from employers and the community.
137.15 (l) "Job network" means individuals that a person may
137.16 contact to learn more about particular companies, inquire about
137.17 job leads, or discuss occupational interests and expertise.
137.18 (m) "Job search allowance" means the amount of financial
137.19 assistance needed to support job search.
137.20 (n) "Job search plan" or "JSP" means the specific plan
137.21 developed by the applicant, with advice from the employment
137.22 advisor, to secure a job as soon as possible, and focus the
137.23 scope of the job search process and other activities.
137.24 (o) "JSP status report form" means a program form on which
137.25 participants indicate the number of submitted job applications,
137.26 job interviews held, jobs offered, other outcomes achieved,
137.27 problems encountered, and the total number of hours spent on job
137.28 search per week.
137.29 (p) "Participant" means a recipient who is required to
137.30 participate in the work first program.
137.31 (q) "Program" means the work first program.
137.32 (r) "Provider" means an employment and training agency
137.33 certified by the commissioner of economic security under section
137.34 268.871, subdivision 1.
137.35 (s) "Self-employment" means employment where people work
137.36 for themselves rather than an employer, are responsible for
138.1 their own work schedule, and do not have taxes or FICA withheld
138.2 by an employer.
138.3 (t) "Self-sufficiency agreement" means the agreement
138.4 between the county or its representative and the applicant that
138.5 describes the activities that the applicant must conduct and the
138.6 necessary services and aid to be furnished by the county to
138.7 enable the individual to meet the purpose of either the job
138.8 search plan or employability development plan.
138.9 (u) "Subsidized job" means a job that is partly reimbursed
138.10 by the provider for cost of wages for participants in the
138.11 program.
138.12 Subd. 3. [ESTABLISHING WORK FIRST PROGRAM.] The
138.13 commissioners of human services and economic security may
138.14 develop and establish pilot projects which require applicants
138.15 for aid under AFDC, MFIP-S or family general assistance to meet
138.16 the requirements of the work first program. The purpose of the
138.17 program is to:
138.18 (1) ensure that the participant is working as early as
138.19 possible;
138.20 (2) promote greater opportunity for economic self-support,
138.21 participation, and mobility in the work force; and
138.22 (3) minimize the risk for long-term welfare dependency.
138.23 Subd. 4. [PROGRAM ADMINISTRATION.] The program must be
138.24 administered in a way that, in addition to the county agency,
138.25 other sectors in the community such as employers from the public
138.26 and private sectors, not-for-profit organizations, educational
138.27 and social service agencies, labor unions, and neighborhood
138.28 associations are involved.
138.29 Subd. 5. [PROGRAM DESIGN.] The program shall meet the
138.30 following principles:
138.31 (1) work is the primary means of economic support;
138.32 (2) the individual's potential is reviewed during the
138.33 application process to determine how to approach the job market
138.34 aggressively;
138.35 (3) public aid such as cash and medical assistance, child
138.36 care, child support assurance, and other cash benefits are used
139.1 to support intensive job search and immediate work; and
139.2 (4) maximum use is made of tax credits to supplement income.
139.3 Subd. 6. [DUTIES OF COMMISSIONER.] In addition to any
139.4 other duties imposed by law, the commissioner shall:
139.5 (1) establish the program according to sections 256K.01 to
139.6 256K.09 and allocate money as appropriate to pilot counties
139.7 participating in the program;
139.8 (2) provide systems development and staff training;
139.9 (3) accept and supervise the disbursement of any funds that
139.10 may be provided from other sources for use in the demonstration
139.11 program; and
139.12 (4) direct a study to safeguard the interests of children.
139.13 Subd. 7. [DUTIES OF COUNTY AGENCY.] The county agency
139.14 shall:
139.15 (1) collaborate with the commissioners of human services
139.16 and economic security and other agencies to develop, implement,
139.17 and evaluate the demonstration of the work first program;
139.18 (2) operate the work first program in partnership with
139.19 private and public employers, local industry councils, labor
139.20 unions, and employment, educational, and social service
139.21 agencies, according to subdivision 4; and
139.22 (3) ensure that program components such as client
139.23 orientation, immediate job search, job development, creation of
139.24 temporary public service jobs, job placements, and postplacement
139.25 follow-up are implemented according to the work first program.
139.26 Subd. 8. [DUTIES OF PARTICIPANT.] To be eligible for an
139.27 AFDC, MFIP-S or family general assistance benefit, a participant
139.28 shall cooperate with the county agency, the provider, and the
139.29 participant's employer in all aspects of the program.
139.30 Sec. 2. [256K.02] [PROGRAM PARTICIPANTS; PROGRAM
139.31 EXPECTATIONS.]
139.32 All applicants selected for participation are expected to
139.33 meet the requirements under the work first program. Payments
139.34 for rent and utilities up to the AFDC, MFIP-S or family general
139.35 assistance benefits to which the assistance unit is entitled
139.36 will be vendor paid for as many months as the applicant is
140.1 eligible or six months, whichever comes first. The residual
140.2 amount after vendor payment, if any, will be paid to the
140.3 applicant, unless it is used as a wage subsidy under section
140.4 256K.09, subdivision 2.
140.5 Sec. 3. [256K.03] [PROGRAM REQUIREMENTS.]
140.6 Subdivision 1. [NOTIFICATION OF PROGRAM.] Except for the
140.7 provisions in this section, the provisions for the AFDC, MFIP-S,
140.8 and family general assistance application process shall be
140.9 followed. Within two days after receipt of a completed combined
140.10 application form, the county agency must refer to the provider
140.11 the applicant who meets the conditions under section 256K.02,
140.12 and notify the applicant in writing of the program including the
140.13 following provisions:
140.14 (1) notification that, as part of the application process,
140.15 applicants are required to attend orientation, to be followed
140.16 immediately by a job search;
140.17 (2) the program provider, the date, time, and location of
140.18 the scheduled program orientation;
140.19 (3) the procedures for qualifying for and receiving
140.20 benefits under the program;
140.21 (4) the immediate availability of supportive services,
140.22 including, but not limited to, child care, transportation,
140.23 medical assistance, and other work-related aid; and
140.24 (5) the rights, responsibilities, and obligations of
140.25 participants in the program, including, but not limited to, the
140.26 grounds for exemptions and deferrals, the consequences for
140.27 refusing or failing to participate fully, and the appeal process.
140.28 Subd. 2. [PROGRAM ORIENTATION.] The county must give a
140.29 face-to-face orientation regarding the program to the applicant
140.30 within five days after the date of application. The orientation
140.31 must be designed to inform the applicant of:
140.32 (1) the importance of locating and obtaining a job as soon
140.33 as possible;
140.34 (2) benefits to be provided to support work;
140.35 (3) the manner by which benefits shall be paid;
140.36 (4) how other supportive services such as medical
141.1 assistance, child care, transportation, and other work-related
141.2 aid shall be available to support job search and work;
141.3 (5) the consequences for failure without good cause to
141.4 comply with program requirements; and
141.5 (6) the appeal process.
141.6 Subd. 3. [JOB SEARCH PLAN; EMPLOYMENT ADVISOR; FINANCIAL
141.7 SPECIALIST.] At the end of orientation, the provider must assign
141.8 an employment advisor and a financial specialist to the
141.9 applicant. With advice from the employment advisor, the
141.10 applicant must develop a job search plan based on existing job
141.11 markets, prior employment, work experience, and transferable
141.12 work skills, unless exempt under subdivision 5. A job search
141.13 must be planned and conducted for a period of up to eight
141.14 consecutive weeks from the date of application and for at least
141.15 32 hours per week. The types of and target number of job
141.16 openings to be pursued per week must be written in the job
141.17 search plan. The following activities may be included in the
141.18 job search plan:
141.19 (1) motivational counseling;
141.20 (2) job networking or training on how to locate job
141.21 openings;
141.22 (3) development of a personal resume; and
141.23 (4) information on how to conduct job interviews and
141.24 establish a personal job network.
141.25 Following the development of the job search plan or the
141.26 employability development plan under subdivision 8, the
141.27 financial specialist must interview the applicant to determine
141.28 eligibility for and the extent of benefits under sections
141.29 256K.06 and 256K.07 to support the job search or employability
141.30 development plan. The provider must attach to the appropriate
141.31 plan the summary of the necessary enabling services and benefits
141.32 to be furnished by the provider. The provider or its
141.33 representative and the applicant must sign the plan, with its
141.34 attachment, to indicate a self-sufficiency agreement between the
141.35 provider and the participant.
141.36 Subd. 4. [IMMEDIATE JOB SEARCH.] An applicant must be
142.1 required to begin job search within seven days after the date of
142.2 application for at least 32 hours per week for up to eight
142.3 weeks, unless exempt under subdivision 5 or deferred under
142.4 subdivision 8. For an applicant who is working at least 20
142.5 hours per week, job search shall consist of 12 hours per week
142.6 for up to eight weeks. Within the first five days of job
142.7 search, the applicant is required to initiate informational
142.8 contacts with prospective employers, generate additional job
142.9 leads from the job network, review references and experiences
142.10 from previous employment, and carry out the other activities
142.11 under the job search plan developed under subdivision 3.
142.12 Subd. 5. [EXEMPTION CATEGORIES.] (a) The applicant will be
142.13 exempt from the job search requirements and development of a job
142.14 search plan and an employability development plan under
142.15 subdivisions 3, 4, and 8 if the applicant belongs to any of the
142.16 following groups:
142.17 (1) caregivers under age 20 who have not completed a high
142.18 school education and are attending high school on a full-time
142.19 basis;
142.20 (2) individuals who are age 60 or older;
142.21 (3) individuals who are suffering from a professionally
142.22 certified permanent or temporary illness, injury, or incapacity
142.23 which is expected to continue for more than 30 days and which
142.24 prevents the person from obtaining or retaining employment;
142.25 (4) caregivers whose presence in the home is needed because
142.26 of illness or incapacity of another member in the household;
142.27 (5) women who are pregnant, if it has been medically
142.28 verified that the child is expected to be born within the next
142.29 six months;
142.30 (6) caregivers or other caregiver relatives of a child
142.31 under the age of three who personally provide full-time care for
142.32 the child;
142.33 (7) individuals employed at least 30 hours per week;
142.34 (8) individuals for whom participation would require a
142.35 round trip commuting time by available transportation of more
142.36 than two hours, excluding transporting of children for child
143.1 care;
143.2 (9) individuals for whom lack of proficiency in English is
143.3 a barrier to employment, provided such individuals are
143.4 participating in an intensive program which lasts no longer than
143.5 six months and is designed to remedy their language deficiency;
143.6 (10) individuals who, because of advanced age or lack of
143.7 ability, are incapable of gaining proficiency in English, as
143.8 determined by the county social worker, shall continue to be
143.9 exempt under this subdivision and are not subject to the
143.10 requirement that they be participating in a language program;
143.11 (11) individuals under such duress that they are incapable
143.12 of participating in the program, as determined by the county
143.13 social worker; or
143.14 (12) individuals in need of refresher courses for purposes
143.15 of obtaining professional certification or licensure.
143.16 (b) In a two-parent family, only one caregiver may be
143.17 exempted under paragraph (a), clauses (4) and (6).
143.18 Subd. 6. [COUNTY DUTIES.] The county must act on the
143.19 application within 30 days of the application date. If the
143.20 applicant is not eligible, the application will be denied and
143.21 the county must notify the applicant of the denial in writing.
143.22 An applicant whose application has been denied may be allowed to
143.23 complete the job search plan; however, supportive services will
143.24 not be provided.
143.25 Subd. 7. [JOB SEARCH PLAN STATUS REPORT.] The applicant or
143.26 participant must submit a completed job search plan status
143.27 report form to the employment advisor every two weeks during the
143.28 job search process, with the first completed form due 21 days
143.29 after the date of application.
143.30 Subd. 8. [EMPLOYABILITY DEVELOPMENT PLAN.] At the
143.31 discretion and approval of the employment advisor, the applicant
143.32 may be deferred from the requirement to conduct at least 32
143.33 hours of job search per week for up to eight consecutive weeks,
143.34 if during the development of the job search plan, the applicant
143.35 is determined to:
143.36 (1) not have worked within the past 12 months and not have
144.1 a high school or a general equivalency diploma provided the
144.2 applicant agrees to develop and carry out an employability
144.3 development plan instead of job search, and concurrently work
144.4 for at least 16 hours per week in a temporary public service
144.5 job. The employability development plan must include the
144.6 employment goals and specific outcomes the participant must
144.7 achieve;
144.8 (2) be within six months of completing any post-secondary
144.9 training program, provided that the applicant agrees to develop
144.10 and carry out an employability development plan instead of a job
144.11 search, and concurrently work for a minimum number of hours per
144.12 week in a temporary public service job. The employability
144.13 development plan must include the employment goal and specific
144.14 outcomes that the participant must achieve. The applicant that
144.15 is deferred under this subdivision may choose to work in a job
144.16 other than a public service job for a minimum number of hours
144.17 per week rather than in a temporary public service job. For
144.18 individuals who are participating in an educational program
144.19 under this clause, and who are attending school full time as
144.20 determined by the institution, there is no work requirement.
144.21 For individuals participating in an educational program on a
144.22 part-time basis as determined by the institution, the minimum
144.23 number of hours that a participant must work shall be decreased
144.24 as the participant increases the number of credit hours taken,
144.25 except that the participant shall not be required to work more
144.26 than eight hours per week.
144.27 During vacation periods of one month or more, the 16-hour
144.28 per week minimum work requirement shall apply. The applicant
144.29 may be deferred for up to six months. At the end of the
144.30 deferment period, the participant must develop a job search plan
144.31 and conduct at least 32 hours of job search per week for up to
144.32 eight consecutive weeks, and submit reports as required under
144.33 subdivisions 3 and 4; or
144.34 (3) be in treatment for chemical dependency, be a victim of
144.35 domestic abuse, or be homeless, provided that the applicant
144.36 agrees to develop an employability development plan instead of a
145.1 job search plan, and immediately follow through with the
145.2 activities in the employability development plan. The
145.3 employability development plan must include specific outcomes
145.4 that the applicant must achieve for the duration of the
145.5 employability development plan and activities which are needed
145.6 to address the issues identified. Under this clause, the
145.7 applicant may be deferred for up to eight weeks.
145.8 Subd. 9. [EDP STATUS REPORT.] The participant who is
145.9 deferred from job search under subdivision 8 must submit a
145.10 completed employability development plan status report form to
145.11 the employment advisor every 14 days as long as the participant
145.12 continues to be deferred, with the first completed form due 21
145.13 days after the date of application.
145.14 Subd. 10. [JOB OFFER.] The participant must not refuse any
145.15 job offer, provided that the job is within the participant's
145.16 physical and mental abilities, pays hourly gross wages of not
145.17 less than the applicable state or federal minimum wage, and
145.18 meets health and safety standards set by federal, state, and
145.19 county agencies. If a job is offered, the participant must
145.20 inform the provider immediately to redetermine eligibility for
145.21 and extent of benefits and services to support work. To enhance
145.22 job retention, the provider may provide services such as
145.23 motivational counseling or on-site problem solving for up to six
145.24 months. The participant who has completed at least six months
145.25 of work in a nonsubsidized job shall be encouraged to
145.26 participate in a training program that would improve the
145.27 participant's ability to obtain a job that pays a higher wage.
145.28 Subd. 11. [DUTY TO REPORT.] The participant must
145.29 immediately inform the provider regarding any changes related to
145.30 the participant's employment status.
145.31 Subd. 12. [REQUIREMENT TO WORK IN A TEMPORARY PUBLIC
145.32 SERVICE JOB.] (a) If after the completion of the maximum eight
145.33 weeks of job search the participant has failed to secure a
145.34 nonsubsidized or a subsidized job for at least 32 hours per
145.35 week, or does not earn a net income from self-employment that is
145.36 equal to at least the AFDC, MFIP-S or family general assistance
146.1 monthly grant for the household size, whichever is applicable,
146.2 the participant is required to work in a temporary public
146.3 service job for up to 67 working days for (1) at least 32 hours
146.4 per week, or (2) a period equivalent to the result of dividing
146.5 the monthly grant amount which the participant would otherwise
146.6 receive, by the federal hourly minimum wage, or applicable
146.7 hourly state minimum wage, or the hourly rate of pay for
146.8 individuals employed in the same occupation at the site,
146.9 whichever is highest. If the result is more than 128 hours per
146.10 month, the participant's requirement to work in a temporary
146.11 public service job shall not be more than 32 hours per week.
146.12 (b) Within seven days from the date of application, the
146.13 participant who is deferred under subdivision 8, clause (1) or
146.14 (2), and is participating in an educational program on a
146.15 part-time basis must work in a temporary public service job as
146.16 required under subdivision 8, clause (2).
146.17 (c) The provider shall strive to match the profile of the
146.18 participant with the needs of the employers that are
146.19 participating in a temporary jobs program under section 256K.05.
146.20 Sec. 4. [256K.04] [JOB DEVELOPMENT AND SUBSIDY.]
146.21 Subdivision 1. [JOB INVENTORY.] The provider must develop
146.22 an inventory of job openings including full-time, part-time,
146.23 permanent, temporary or seasonal, and training positions in
146.24 partnership with private and public employers, local industry
146.25 councils, and employment agencies. To the extent possible, the
146.26 inventory must include specific information regarding job
146.27 openings, must be updated on a weekly basis, and must be
146.28 available to all participants on a daily basis.
146.29 Subd. 2. [JOB SUBSIDY.] The county may use all or part of
146.30 the AFDC, MFIP-S or family general assistance benefit as a
146.31 subsidy to employers for the purpose of providing work
146.32 experience or training to the participant who has completed the
146.33 job search plan, provided that:
146.34 (1) the job to be subsidized is permanent and full time,
146.35 and pays an hourly rate of at least $6 per hour;
146.36 (2) the employer agrees to retain the participant after
147.1 satisfactory completion of the work experience or training
147.2 period; and
147.3 (3) the participant has first tried to secure a
147.4 nonsubsidized job by following the job search plan.
147.5 The subsidy may be available for up to six months.
147.6 Sec. 5. [256K.05] [TEMPORARY JOBS PROGRAM.]
147.7 Subdivision 1. [PROGRAM ESTABLISHED.] The provider must
147.8 establish and operate a program to provide temporary jobs to
147.9 participants who, after eight weeks of job search, are not hired
147.10 into a nonsubsidized or a subsidized job, or are deferred under
147.11 section 256K.03, subdivision 8. The temporary jobs to be
147.12 created under this section must be public service jobs that
147.13 serve a useful public service such as: health, social service,
147.14 environmental protection, education, urban and rural development
147.15 and redevelopment, welfare, recreation, public facilities,
147.16 public safety, community service, services to the aged or
147.17 disabled citizens, and child care.
147.18 Subd. 2. [ASSIGNMENT TO TEMPORARY PUBLIC SERVICE
147.19 JOBS.] The provider must assign the participant who (1) is
147.20 within completion of the required eight weeks of job search and
147.21 has failed to secure a nonsubsidized or a subsidized job for at
147.22 least 32 hours per week, or (2) does not earn a net income from
147.23 self-employment that is equal to at least the AFDC, MFIP-S or
147.24 family general assistance monthly grant for the household size,
147.25 whichever is applicable, to a temporary public service job. The
147.26 assignment must be made seven days before the end of the job
147.27 search and be based on section 256K.03, subdivision 12. The
147.28 participant that is deferred under section 256K.03, subdivision
147.29 8, will be assigned by the provider to a temporary public
147.30 service job within seven days after the application.
147.31 Subd. 3. [PARTICIPANT'S STATUS.] The participant who is
147.32 working in a temporary public service job under this section is
147.33 not considered an employee for the purposes of unemployment
147.34 insurance compensation, retirement, or civil service laws, and
147.35 shall not perform work ordinarily performed by a public employee.
147.36 Subd. 4. [CONTINUOUS JOB SEARCH REQUIREMENT.] At the
148.1 discretion of the provider, the participant who is working in a
148.2 temporary public service job under section 256K.03, subdivision
148.3 12, may be required to continue to look for a job for up to
148.4 eight hours per week in addition to working. The participant
148.5 who is working at least 20 hours per week but less than 32 hours
148.6 per week in a nonsubsidized or subsidized job may be required to
148.7 look for a job for up to 20 hours per week in lieu of work in
148.8 the temporary public service job so that the total hours of work
148.9 and job search is not more than 40 hours per week.
148.10 Subd. 5. [EXCUSED ABSENCES.] The participant who is
148.11 working in a temporary public service job may be allowed excused
148.12 absences from the assigned temporary job site up to eight hours
148.13 per month. For purposes of this subdivision, "excused absence"
148.14 means absence due to temporary illness or injury of the
148.15 caregiver or a member of the caregiver's family, the
148.16 unavailability of licensed child care or unavailability of
148.17 transportation needed to go to and from the work site, a job
148.18 interview, or a nonmedical emergency. For purposes of this
148.19 subdivision, "emergency" means a sudden, unexpected occurrence
148.20 or situation of a serious or urgent nature that requires action.
148.21 Subd. 6. [MOVE TO A DIFFERENT COUNTY.] If the applicant or
148.22 recipient who is required to participate in the work first
148.23 program moves to a different county in this state, the benefits
148.24 and enabling services agreed upon in the self-sufficiency
148.25 agreement shall be provided by the pilot county where the
148.26 applicant or recipient originated, provided the move was part of
148.27 the job search or employability development plan. If the
148.28 applicant or recipient is moving to a different county for
148.29 failure to comply with the requirements of the work first
148.30 program, the applicant or recipient will not be eligible for
148.31 MFIP-S in this state for at least six months from the date of
148.32 the move.
148.33 Sec. 6. [256K.06] [TRANSITIONAL BENEFITS TO SUPPORT WORK;
148.34 RENT AND UTILITIES VENDOR PAYMENT.]
148.35 Payments for rent and utilities up to the amount of AFDC,
148.36 MFIP-S, or family general assistance benefits to which the
149.1 assistance unit is entitled shall be provided in the form of
149.2 vendor payments for as many months as the applicant is eligible
149.3 or six months, whichever comes first. The residual amount after
149.4 vendor payment, if any, will be paid to the AFDC, MFIP-S or
149.5 family general assistance recipient, unless it is used as a wage
149.6 subsidy under section 256K.09, subdivision 2. This provision
149.7 shall apply to all applicants including those meeting the
149.8 exemption categories under section 256K.03, subdivision 5, or
149.9 deferral categories under section 256K.03, subdivision 8. To
149.10 the extent needed, a job search allowance shall be provided for
149.11 up to eight weeks to cover expenses related to the job search.
149.12 Before the job search allowance is issued, it must be approved
149.13 by the employment advisor and financial specialist, and clearly
149.14 described in the job search plan.
149.15 Sec. 7. [256K.07] [ELIGIBILITY FOR FOOD STAMPS, MEDICAL
149.16 ASSISTANCE, AND CHILD CARE.]
149.17 The participant shall be treated as an AFDC, MFIP-S or
149.18 family general assistance recipient, whichever is applicable,
149.19 for food stamps, medical assistance, and child care eligibility
149.20 purposes. The participant who leaves the program as a result of
149.21 increased earnings from employment shall be eligible for
149.22 transitional Medical Assistance and child care without regard to
149.23 AFDC, MFIP-S or family general assistance receipt in three of
149.24 the six months preceding ineligibility.
149.25 Sec. 8. [256K.08] [SANCTIONS AND APPEAL PROCESS.]
149.26 Subdivision 1. [GOOD CAUSE.] (a) For purposes of this
149.27 subdivision, "good cause" means absence due to temporary illness
149.28 or injury of the participant or a member of the participant's
149.29 family, the unavailability of licensed child care or
149.30 unavailability of transportation needed to attend orientation or
149.31 conduct job search, or a nonmedical emergency as defined under
149.32 section 256K.05, subdivision 5.
149.33 (b) The applicant who is required, but fails, without good
149.34 cause, to participate in orientation, complete the job search
149.35 plan or employability development plan, and comply with the job
149.36 search requirements under section 256K.03, prior to being
150.1 eligible for AFDC, MFIP-S or family general assistance shall be
150.2 denied benefits. The applicant will not be eligible for
150.3 benefits in this state for at least six months.
150.4 (c) If, after receiving a written warning from the county,
150.5 the participant fails, without good cause, to conduct at least
150.6 32 hours of job search per week in any given two-week period,
150.7 the participant will be immediately required to work for at
150.8 least 16 hours per week in a temporary public service job. The
150.9 required 32 hours per week of job search will be reduced to 16
150.10 hours.
150.11 (d) If the participant who is deferred under section
150.12 256K.03, subdivision 8, fails to comply with the activities
150.13 described in the employability development plan, the participant
150.14 will lose the deferment status, provided that the participant
150.15 has received at least two written warnings from the provider.
150.16 (e) If the participant refuses to work in a temporary
150.17 public service job, or is terminated from a temporary public
150.18 service job for failure to work, benefits to the assistance unit
150.19 shall be terminated and the participant shall not be eligible
150.20 for aid under the MFIP-S program for at least six months from
150.21 the date of refusal or termination. If the participant, before
150.22 completing at least four consecutive months of employment,
150.23 voluntarily quits or is terminated from a nonsubsidized or a
150.24 subsidized job, the participant shall immediately be assigned to
150.25 work in a temporary public service job for at least 32 hours per
150.26 week for up to 67 working days unless the participant is hired
150.27 or rehired into a nonsubsidized or subsidized job.
150.28 Subd. 2. [NOTICE OF SANCTIONS.] If the county determines
150.29 that the participant has failed or refused without good cause,
150.30 as defined in subdivision 1, to cooperate with the program
150.31 requirements, the county shall inform the participant in writing
150.32 of its intent to impose an applicable sanction listed under
150.33 subdivision 1 and the opportunity to have a conciliation
150.34 conference upon request and within five days of the notice
150.35 before a sanction is imposed.
150.36 Sec. 9. [256K.09] [FUNDING.]
151.1 Subdivision 1. [LEVERAGING GRANT AMOUNT TO SECURE OTHER
151.2 FUNDS.] The county agency or the provider, in cooperation with
151.3 the department, may leverage the grant amount to secure other
151.4 funds from employers, foundations, and the community for the
151.5 purpose of developing additional components to benefit children
151.6 and improve the program.
151.7 Subd. 2. [EMPLOYER REIMBURSEMENT.] The employer shall be
151.8 reimbursed for wages paid to participants under section 256K.04,
151.9 subdivision 2.
151.10 Sec. 10. [REPEALER.]
151.11 Minnesota Statutes 1996, sections 256.7351; 256.7352;
151.12 256.7353; 256.7354; 256.7355; 256.7356; 256.7357; 256.7358; and
151.13 256.7359, are repealed.
151.14 Sec. 11. [EFFECTIVE DATE.]
151.15 Article 2 is effective July 1, 1997.
151.16 ARTICLE 3
151.17 ASSISTANCE PROGRAM CHANGES
151.18 Section 1. Minnesota Statutes 1996, section 256.01,
151.19 subdivision 2, is amended to read:
151.20 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
151.21 section 241.021, subdivision 2, the commissioner of human
151.22 services shall:
151.23 (1) Administer and supervise all forms of public assistance
151.24 provided for by state law and other welfare activities or
151.25 services as are vested in the commissioner. Administration and
151.26 supervision of human services activities or services includes,
151.27 but is not limited to, assuring timely and accurate distribution
151.28 of benefits, completeness of service, and quality program
151.29 management. In addition to administering and supervising human
151.30 services activities vested by law in the department, the
151.31 commissioner shall have the authority to:
151.32 (a) require county agency participation in training and
151.33 technical assistance programs to promote compliance with
151.34 statutes, rules, federal laws, regulations, and policies
151.35 governing human services;
151.36 (b) monitor, on an ongoing basis, the performance of county
152.1 agencies in the operation and administration of human services,
152.2 enforce compliance with statutes, rules, federal laws,
152.3 regulations, and policies governing welfare services and promote
152.4 excellence of administration and program operation;
152.5 (c) develop a quality control program or other monitoring
152.6 program to review county performance and accuracy of benefit
152.7 determinations;
152.8 (d) require county agencies to make an adjustment to the
152.9 public assistance benefits issued to any individual consistent
152.10 with federal law and regulation and state law and rule and to
152.11 issue or recover benefits as appropriate;
152.12 (e) delay or deny payment of all or part of the state and
152.13 federal share of benefits and administrative reimbursement
152.14 according to the procedures set forth in section 256.017; and
152.15 (f) make contracts with and grants to public and private
152.16 agencies and organizations, both profit and nonprofit, and
152.17 individuals, using appropriated funds.
152.18 (2) Inform county agencies, on a timely basis, of changes
152.19 in statute, rule, federal law, regulation, and policy necessary
152.20 to county agency administration of the programs.
152.21 (3) Administer and supervise all child welfare activities;
152.22 promote the enforcement of laws protecting handicapped,
152.23 dependent, neglected and delinquent children, and children born
152.24 to mothers who were not married to the children's fathers at the
152.25 times of the conception nor at the births of the children;
152.26 license and supervise child-caring and child-placing agencies
152.27 and institutions; supervise the care of children in boarding and
152.28 foster homes or in private institutions; and generally perform
152.29 all functions relating to the field of child welfare now vested
152.30 in the state board of control.
152.31 (4) Administer and supervise all noninstitutional service
152.32 to handicapped persons, including those who are visually
152.33 impaired, hearing impaired, or physically impaired or otherwise
152.34 handicapped. The commissioner may provide and contract for the
152.35 care and treatment of qualified indigent children in facilities
152.36 other than those located and available at state hospitals when
153.1 it is not feasible to provide the service in state hospitals.
153.2 (5) Assist and actively cooperate with other departments,
153.3 agencies and institutions, local, state, and federal, by
153.4 performing services in conformity with the purposes of Laws
153.5 1939, chapter 431.
153.6 (6) Act as the agent of and cooperate with the federal
153.7 government in matters of mutual concern relative to and in
153.8 conformity with the provisions of Laws 1939, chapter 431,
153.9 including the administration of any federal funds granted to the
153.10 state to aid in the performance of any functions of the
153.11 commissioner as specified in Laws 1939, chapter 431, and
153.12 including the promulgation of rules making uniformly available
153.13 medical care benefits to all recipients of public assistance, at
153.14 such times as the federal government increases its participation
153.15 in assistance expenditures for medical care to recipients of
153.16 public assistance, the cost thereof to be borne in the same
153.17 proportion as are grants of aid to said recipients.
153.18 (7) Establish and maintain any administrative units
153.19 reasonably necessary for the performance of administrative
153.20 functions common to all divisions of the department.
153.21 (8) Act as designated guardian of both the estate and the
153.22 person of all the wards of the state of Minnesota, whether by
153.23 operation of law or by an order of court, without any further
153.24 act or proceeding whatever, except as to persons committed as
153.25 mentally retarded.
153.26 (9) Act as coordinating referral and informational center
153.27 on requests for service for newly arrived immigrants coming to
153.28 Minnesota.
153.29 (10) The specific enumeration of powers and duties as
153.30 hereinabove set forth shall in no way be construed to be a
153.31 limitation upon the general transfer of powers herein contained.
153.32 (11) Establish county, regional, or statewide schedules of
153.33 maximum fees and charges which may be paid by county agencies
153.34 for medical, dental, surgical, hospital, nursing and nursing
153.35 home care and medicine and medical supplies under all programs
153.36 of medical care provided by the state and for congregate living
154.1 care under the income maintenance programs.
154.2 (12) Have the authority to conduct and administer
154.3 experimental projects to test methods and procedures of
154.4 administering assistance and services to recipients or potential
154.5 recipients of public welfare. To carry out such experimental
154.6 projects, it is further provided that the commissioner of human
154.7 services is authorized to waive the enforcement of existing
154.8 specific statutory program requirements, rules, and standards in
154.9 one or more counties. The order establishing the waiver shall
154.10 provide alternative methods and procedures of administration,
154.11 shall not be in conflict with the basic purposes, coverage, or
154.12 benefits provided by law, and in no event shall the duration of
154.13 a project exceed four years. It is further provided that no
154.14 order establishing an experimental project as authorized by the
154.15 provisions of this section shall become effective until the
154.16 following conditions have been met:
154.17 (a) The proposed comprehensive plan, including estimated
154.18 project costs and the proposed order establishing the waiver,
154.19 shall be filed with the secretary of the senate and chief clerk
154.20 of the house of representatives at least 60 days prior to its
154.21 effective date.
154.22 (b) The secretary of health, education, and welfare of the
154.23 United States has agreed, for the same project, to waive state
154.24 plan requirements relative to statewide uniformity.
154.25 (c) A comprehensive plan, including estimated project
154.26 costs, shall be approved by the legislative advisory commission
154.27 and filed with the commissioner of administration.
154.28 (13) In accordance with federal requirements, establish
154.29 procedures to be followed by local welfare boards in creating
154.30 citizen advisory committees, including procedures for selection
154.31 of committee members.
154.32 (14) Allocate federal fiscal disallowances or sanctions
154.33 which are based on quality control error rates for the aid to
154.34 families with dependent children, medical assistance, or food
154.35 stamp program in the following manner:
154.36 (a) One-half of the total amount of the disallowance shall
155.1 be borne by the county boards responsible for administering the
155.2 programs. For the medical assistance and AFDC programs,
155.3 disallowances shall be shared by each county board in the same
155.4 proportion as that county's expenditures for the sanctioned
155.5 program are to the total of all counties' expenditures for the
155.6 AFDC and medical assistance programs. For the food stamp
155.7 program, sanctions shall be shared by each county board, with 50
155.8 percent of the sanction being distributed to each county in the
155.9 same proportion as that county's administrative costs for food
155.10 stamps are to the total of all food stamp administrative costs
155.11 for all counties, and 50 percent of the sanctions being
155.12 distributed to each county in the same proportion as that
155.13 county's value of food stamp benefits issued are to the total of
155.14 all benefits issued for all counties. Each county shall pay its
155.15 share of the disallowance to the state of Minnesota. When a
155.16 county fails to pay the amount due hereunder, the commissioner
155.17 may deduct the amount from reimbursement otherwise due the
155.18 county, or the attorney general, upon the request of the
155.19 commissioner, may institute civil action to recover the amount
155.20 due.
155.21 (b) Notwithstanding the provisions of paragraph (a), if the
155.22 disallowance results from knowing noncompliance by one or more
155.23 counties with a specific program instruction, and that knowing
155.24 noncompliance is a matter of official county board record, the
155.25 commissioner may require payment or recover from the county or
155.26 counties, in the manner prescribed in paragraph (a), an amount
155.27 equal to the portion of the total disallowance which resulted
155.28 from the noncompliance, and may distribute the balance of the
155.29 disallowance according to paragraph (a).
155.30 (15) Develop and implement special projects that maximize
155.31 reimbursements and result in the recovery of money to the
155.32 state. For the purpose of recovering state money, the
155.33 commissioner may enter into contracts with third parties. Any
155.34 recoveries that result from projects or contracts entered into
155.35 under this paragraph shall be deposited in the state treasury
155.36 and credited to a special account until the balance in the
156.1 account reaches $1,000,000. When the balance in the account
156.2 exceeds $1,000,000, the excess shall be transferred and credited
156.3 to the general fund. All money in the account is appropriated
156.4 to the commissioner for the purposes of this paragraph.
156.5 (16) Have the authority to make direct payments to
156.6 facilities providing shelter to women and their children
156.7 pursuant to section 256D.05, subdivision 3. Upon the written
156.8 request of a shelter facility that has been denied payments
156.9 under section 256D.05, subdivision 3, the commissioner shall
156.10 review all relevant evidence and make a determination within 30
156.11 days of the request for review regarding issuance of direct
156.12 payments to the shelter facility. Failure to act within 30 days
156.13 shall be considered a determination not to issue direct payments.
156.14 (17) Have the authority to establish and enforce the
156.15 following county reporting requirements:
156.16 (a) The commissioner shall establish fiscal and statistical
156.17 reporting requirements necessary to account for the expenditure
156.18 of funds allocated to counties for human services programs.
156.19 When establishing financial and statistical reporting
156.20 requirements, the commissioner shall evaluate all reports, in
156.21 consultation with the counties, to determine if the reports can
156.22 be simplified or the number of reports can be reduced.
156.23 (b) The county board shall submit monthly or quarterly
156.24 reports to the department as required by the commissioner.
156.25 Monthly reports are due no later than 15 working days after the
156.26 end of the month. Quarterly reports are due no later than 30
156.27 calendar days after the end of the quarter, unless the
156.28 commissioner determines that the deadline must be shortened to
156.29 20 calendar days to avoid jeopardizing compliance with federal
156.30 deadlines or risking a loss of federal funding. Only reports
156.31 that are complete, legible, and in the required format shall be
156.32 accepted by the commissioner.
156.33 (c) If the required reports are not received by the
156.34 deadlines established in clause (b), the commissioner may delay
156.35 payments and withhold funds from the county board until the next
156.36 reporting period. When the report is needed to account for the
157.1 use of federal funds and the late report results in a reduction
157.2 in federal funding, the commissioner shall withhold from the
157.3 county boards with late reports an amount equal to the reduction
157.4 in federal funding until full federal funding is received.
157.5 (d) A county board that submits reports that are late,
157.6 illegible, incomplete, or not in the required format for two out
157.7 of three consecutive reporting periods is considered
157.8 noncompliant. When a county board is found to be noncompliant,
157.9 the commissioner shall notify the county board of the reason the
157.10 county board is considered noncompliant and request that the
157.11 county board develop a corrective action plan stating how the
157.12 county board plans to correct the problem. The corrective
157.13 action plan must be submitted to the commissioner within 45 days
157.14 after the date the county board received notice of noncompliance.
157.15 (e) The final deadline for fiscal reports or amendments to
157.16 fiscal reports is one year after the date the report was
157.17 originally due. If the commissioner does not receive a report
157.18 by the final deadline, the county board forfeits the funding
157.19 associated with the report for that reporting period and the
157.20 county board must repay any funds associated with the report
157.21 received for that reporting period.
157.22 (f) The commissioner may not delay payments, withhold
157.23 funds, or require repayment under paragraph (c) or (e) if the
157.24 county demonstrates that the commissioner failed to provide
157.25 appropriate forms, guidelines, and technical assistance to
157.26 enable the county to comply with the requirements. If the
157.27 county board disagrees with an action taken by the commissioner
157.28 under paragraph (c) or (e), the county board may appeal the
157.29 action according to sections 14.57 to 14.69.
157.30 (g) Counties subject to withholding of funds under
157.31 paragraph (c) or forfeiture or repayment of funds under
157.32 paragraph (e) shall not reduce or withhold benefits or services
157.33 to clients to cover costs incurred due to actions taken by the
157.34 commissioner under paragraph (c) or (e).
157.35 (18) (17) Allocate federal fiscal disallowances or
157.36 sanctions for audit exceptions when federal fiscal disallowances
158.1 or sanctions are based on a statewide random sample for the
158.2 foster care program under title IV-E of the Social Security Act,
158.3 United States Code, title 42, in direct proportion to each
158.4 county's title IV-E foster care maintenance claim for that
158.5 period.
158.6 Sec. 2. Minnesota Statutes 1996, section 256.031, is
158.7 amended by adding a subdivision to read:
158.8 Subd. 6. [END OF FIELD TRIALS.] Upon agreement with the
158.9 federal government, the field trials of the Minnesota family
158.10 investment plan will end June 30, 1998. Families in the
158.11 comparison group under subdivision 3, paragraph (d), clause (i),
158.12 receiving aid to families with dependent children under sections
158.13 256.72 to 256.87, and STRIDE services under section 256.736 will
158.14 continue in those programs until June 30, 1998. After June 30,
158.15 1998, families who cease receiving assistance under the
158.16 Minnesota family investment plan and comparison group families
158.17 who cease receiving assistance under AFDC and STRIDE who are
158.18 eligible for the Minnesota family investment program-statewide
158.19 (MFIP-S), medical assistance, general assistance medical care,
158.20 or the food stamp program shall be placed with their consent on
158.21 the programs for which they are eligible.
158.22 Sec. 3. Minnesota Statutes 1996, section 256.033,
158.23 subdivision 1, is amended to read:
158.24 Subdivision 1. [ELIGIBILITY CONDITIONS.] (a) A family is
158.25 entitled to assistance under the Minnesota family investment
158.26 plan if the family is assigned to a test group in the evaluation
158.27 as provided in section 256.031, subdivision 3, paragraph (d),
158.28 and:
158.29 (1) the family meets the definition of assistance unit
158.30 under section 256.032, subdivision 1a;
158.31 (2) the family's resources not excluded under subdivision 3
158.32 do not exceed $2,000;
158.33 (3) the family can verify citizenship or lawful resident
158.34 alien status; and
158.35 (4) the family provides or applies for a social security
158.36 number for each member of the family receiving assistance under
159.1 the family investment plan.
159.2 (b) A family is eligible for the family investment plan if
159.3 the net income is less than the transitional standard as defined
159.4 in section 256.032, subdivision 13, for that size and
159.5 composition of family. In determining available net income, the
159.6 provisions in subdivision 2 shall apply.
159.7 (c) Upon application, a family is initially eligible for
159.8 the family investment plan if the family's gross income does not
159.9 exceed the applicable transitional standard of assistance for
159.10 that family as defined under section 256.032, subdivision 13,
159.11 after deducting:
159.12 (1) 18 percent to cover taxes; and
159.13 (2) actual dependent care costs up to the maximum
159.14 disregarded under United States Code, title 42, section
159.15 602(a)(8)(A)(iii); and
159.16 (3) $50 of child support collected in that month.
159.17 (d) A family can remain eligible for the program if:
159.18 (1) it meets the conditions in subdivision 1a; and
159.19 (2) its income is below the transitional standard in
159.20 section 256.032, subdivision 13, allowing for income exclusions
159.21 in subdivision 2 and after applying the family investment plan
159.22 treatment of earnings under subdivision 1a.
159.23 Sec. 4. Minnesota Statutes 1996, section 256.033,
159.24 subdivision 1a, is amended to read:
159.25 Subd. 1a. [TREATMENT OF INCOME FOR THE PURPOSES OF
159.26 CONTINUED ELIGIBILITY.] To help families during their transition
159.27 from the Minnesota family investment plan to self-sufficiency,
159.28 the following income supports are available:
159.29 (a) The $30 and one-third and $90 disregards allowed under
159.30 section 256.74, subdivision 1, and the 20 percent earned income
159.31 deduction allowed under the federal Food Stamp Act of 1977, as
159.32 amended, are replaced with a single disregard of not less than
159.33 35 percent of gross earned income to cover taxes and other
159.34 work-related expenses and to reward the earning of income. This
159.35 single disregard is available for the entire time a family
159.36 receives assistance through the Minnesota family investment plan.
160.1 (b) The dependent care deduction, as prescribed under
160.2 section 256.74, subdivision 1, and United States Code, title 7,
160.3 section 2014(e), is replaced for families with earned income who
160.4 need assistance with dependent care with an entitlement to a
160.5 dependent care subsidy from money appropriated for the Minnesota
160.6 family investment plan.
160.7 (c) The family wage level, as defined in section 256.032,
160.8 subdivision 8, allows families to supplement earned income with
160.9 assistance received through the Minnesota family investment
160.10 plan. If, after earnings are adjusted according to the
160.11 disregard described in paragraph (a), earnings have raised
160.12 family income to a level equal to or greater than the family
160.13 wage level, the amount of assistance received through the
160.14 Minnesota family investment plan must be reduced.
160.15 (d) The first $50 of any timely support payment for a month
160.16 received by the public agency responsible for child support
160.17 enforcement shall be paid to the family and disregarded in
160.18 determining eligibility and the amount of assistance in
160.19 accordance with United States Code, title 42, sections
160.20 602(a)(8)(A)(vi) and 657(b)(1). This paragraph applies
160.21 regardless of whether the caregiver is in transitional status,
160.22 is exempt from developing or complying with the terms of a
160.23 family support agreement, or has had a sanction imposed under
160.24 subdivision 3.
160.25 Sec. 5. Minnesota Statutes 1996, section 256.736,
160.26 subdivision 3a, is amended to read:
160.27 Subd. 3a. [PARTICIPATION.] (a) Except as provided under
160.28 paragraphs (b) and (c), Participation in employment and training
160.29 services under this section is limited to the following
160.30 recipients:
160.31 (1) caretakers who are required to participate in a job
160.32 search under subdivision 14;
160.33 (2) custodial parents who are subject to the school
160.34 attendance or case management participation requirements under
160.35 subdivision 3b;
160.36 (3) caretakers whose participation in employment and
161.1 training services began prior to May 1, 1990, if the caretaker's
161.2 AFDC eligibility has not been interrupted for 30 days or more
161.3 and the caretaker's employability development plan has not been
161.4 completed;
161.5 (4) recipients who are members of a family in which the
161.6 youngest child is within two years of being ineligible for AFDC
161.7 due to age;
161.8 (5) custodial parents under the age of 24 who: (i) have
161.9 not completed a high school education and who, at the time of
161.10 application for AFDC, were not enrolled in high school or in a
161.11 high school equivalency program; or (ii) have had little or no
161.12 work experience in the preceding year;
161.13 (6) recipients who have received AFDC for 36 or more months
161.14 out of the last 60 months;
161.15 (7) recipients who are participants in the self-employment
161.16 investment demonstration project under section 268.95; and
161.17 (8) recipients who participate in the new chance research
161.18 and demonstration project under contract with the department of
161.19 human services and
161.20 (3) after the county agency assures the availability of
161.21 employment and training services for recipients identified under
161.22 clauses (1) and (2), and to the extent of available resources,
161.23 any other AFDC recipient.
161.24 (b) If the commissioner determines that participation of
161.25 persons listed in paragraph (a) in employment and training
161.26 services is insufficient either to meet federal performance
161.27 targets or to fully utilize funds appropriated under this
161.28 section, the commissioner may, after notifying the chairs of the
161.29 senate family services committee, the house health and human
161.30 services committee, the family services division of the senate
161.31 family services and health care committees, and the human
161.32 services division of the house health and human services
161.33 committee, permit additional groups of recipients to participate
161.34 until the next meeting of the legislative advisory commission,
161.35 after which the additional groups may continue to enroll for
161.36 participation unless the legislative advisory commission
162.1 disapproves the continued enrollment. The commissioner shall
162.2 allow participation of additional groups in the following order
162.3 only as needed to meet performance targets or fully utilize
162.4 funding for employment and training services under this section:
162.5 (1) recipients who have received 24 or more months of AFDC
162.6 out of the previous 48 months; and
162.7 (2) recipients who have not completed a high school
162.8 education or a high school equivalency program.
162.9 (c) To the extent of money appropriated specifically for
162.10 this paragraph, the commissioner may permit AFDC caretakers who
162.11 are not eligible for participation in employment and training
162.12 services under the provisions of paragraph (a) or (b) to
162.13 participate. Money must be allocated to county agencies based
162.14 on the county's percentage of participants statewide in services
162.15 under this section in the prior calendar year. Caretakers must
162.16 be selected on a first-come, first-served basis from a waiting
162.17 list of caretakers who volunteer to participate. The
162.18 commissioner may, on a quarterly basis, reallocate unused
162.19 allocations to county agencies that have sufficient volunteers.
162.20 If funding under this paragraph is discontinued in future fiscal
162.21 years, caretakers who began participating under this paragraph
162.22 must be deemed eligible under paragraph (a), clause (3).
162.23 (d) Participants who are eligible and enroll in the STRIDE
162.24 program under one of the categories of this subdivision are
162.25 required to cooperate with the assessment and employability plan
162.26 development and to meet the terms of their employability plan.
162.27 Failure to comply, without good cause, shall result in the
162.28 imposition of sanctions as specified in subdivision 4, clause
162.29 (6).
162.30 Sec. 6. Minnesota Statutes 1996, section 256.74,
162.31 subdivision 1, is amended to read:
162.32 Subdivision 1. [AMOUNT.] The amount of assistance which
162.33 shall be granted to or on behalf of any dependent child and
162.34 parent or other needy eligible relative caring for the dependent
162.35 child shall be determined by the county agency in accordance
162.36 with according to rules promulgated by the commissioner and
163.1 shall be sufficient, when added to all other income and support
163.2 available to the child, to provide the child with a reasonable
163.3 subsistence compatible with decency and health. To the extent
163.4 permissible under federal law, an eligible relative caretaker or
163.5 parent shall have the option to include in the assistance unit
163.6 the needs, income, and resources of the following essential
163.7 persons who are not otherwise eligible for AFDC because they do
163.8 not qualify as a caretaker or as a dependent child:
163.9 (1) a parent or relative caretaker's spouse and
163.10 stepchildren; or
163.11 (2) blood or legally adopted relatives who are under the
163.12 age of 18 or under the age of 19 years who are regularly
163.13 attending as a full-time student, and are expected to complete
163.14 before or during the month of their 19th birthday, a high school
163.15 or secondary level course of vocational or technical training
163.16 designed to prepare students for gainful employment. The amount
163.17 shall be based on the method of budgeting required in Public Law
163.18 Number 97-35, section 2315, United States Code, title 42,
163.19 section 602, as amended and federal regulations at Code of
163.20 Federal Regulations, title 45, section 233. Nonrecurring lump
163.21 sum income received by an AFDC family must be budgeted in the
163.22 normal retrospective cycle. When the family's income, after
163.23 application of the applicable disregards, exceeds the need
163.24 standard for the family because of receipt of earned or unearned
163.25 lump sum income, the family will be ineligible for the full
163.26 number of months derived by dividing the sum of the lump sum
163.27 income and other income by the monthly need standard for a
163.28 family of that size. Any income remaining from this calculation
163.29 is income in the first month following the period of
163.30 ineligibility. The first month of ineligibility is the payment
163.31 month that corresponds with the budget month in which the lump
163.32 sum income was received. For purposes of applying the lump sum
163.33 provision, family includes those persons defined in the Code of
163.34 Federal Regulations, title 45, section 233.20(a)(3)(ii)(F). A
163.35 period of ineligibility must be shortened when the standard of
163.36 need increases and the amount the family would have received
164.1 also changes, an amount is documented as stolen, an amount is
164.2 unavailable because a member of the family left the household
164.3 with that amount and has not returned, an amount is paid by the
164.4 family during the period of ineligibility to cover a cost that
164.5 would otherwise qualify for emergency assistance, or the family
164.6 incurs and pays for medical expenses which would have been
164.7 covered by medical assistance if eligibility existed. In making
164.8 its determination the county agency shall disregard the
164.9 following from family income:
164.10 (1) all the earned income of each dependent child applying
164.11 for AFDC if the child is a full-time student and all of the
164.12 earned income of each dependent child receiving AFDC who is a
164.13 full-time student or is a part-time student who is not a
164.14 full-time employee. A student is one who is attending a school,
164.15 college, or university, or a course of vocational or technical
164.16 training designed to fit students for gainful employment and
164.17 includes a participant in the Job Corps program under the Job
164.18 Training Partnership Act (JTPA). The county agency shall also
164.19 disregard all income of each dependent child applying for or
164.20 receiving AFDC when the income is derived from a program carried
164.21 out under JTPA, except that disregard of earned income may not
164.22 exceed six months per calendar year;
164.23 (2) all educational assistance, except the county agency
164.24 shall count graduate student teaching assistantships,
164.25 fellowships, and other similar paid work as earned income and,
164.26 after allowing deductions for any unmet and necessary
164.27 educational expenses, shall count scholarships or grants awarded
164.28 to graduate students that do not require teaching or research as
164.29 unearned income;
164.30 (3) the first $90 of each individual's earned income. For
164.31 self-employed persons, the expenses directly related to
164.32 producing goods and services and without which the goods and
164.33 services could not be produced shall be disregarded
164.34 pursuant according to rules promulgated by the commissioner;
164.35 (4) thirty dollars plus one-third of each individual's
164.36 earned income for individuals found otherwise eligible to
165.1 receive aid or who have received aid in one of the four months
165.2 before the month of application. With respect to any month, the
165.3 county welfare agency shall not disregard under this clause any
165.4 earned income of any person who has: (a) reduced earned income
165.5 without good cause within 30 days preceding any month in which
165.6 an assistance payment is made; (b) refused without good cause to
165.7 accept an offer of suitable employment; (c) left employment or
165.8 reduced earnings without good cause and applied for assistance
165.9 so as to be able later to return to employment with the
165.10 advantage of the income disregard; or (d) (c) failed without
165.11 good cause to make a timely report of earned income in
165.12 accordance with according to rules promulgated by the
165.13 commissioner of human services. Persons who are already
165.14 employed and who apply for assistance shall have their needs
165.15 computed with full account taken of their earned and other
165.16 income. If earned and other income of the family is less than
165.17 need, as determined on the basis of public assistance standards,
165.18 the county agency shall determine the amount of the grant by
165.19 applying the disregard of income provisions. The county agency
165.20 shall not disregard earned income for persons in a family if the
165.21 total monthly earned and other income exceeds their needs,
165.22 unless for any one of the four preceding months their needs were
165.23 met in whole or in part by a grant payment. The disregard of
165.24 $30 and one-third of earned income in this clause shall be
165.25 applied to the individual's income for a period not to exceed
165.26 four consecutive months. Any month in which the individual
165.27 loses this disregard because of the provisions of subclauses (a)
165.28 to (d) shall be considered as one of the four months. An
165.29 additional $30 work incentive must be available for an
165.30 eight-month period beginning in the month following the last
165.31 month of the combined $30 and one-third work incentive. This
165.32 period must be in effect whether or not the person has earned
165.33 income or is eligible for AFDC. To again qualify for the earned
165.34 income disregards under this clause, the individual must not be
165.35 a recipient of aid for a period of 12 consecutive months. When
165.36 an assistance unit becomes ineligible for aid due to the fact
166.1 that these disregards are no longer applied to income, the
166.2 assistance unit shall be eligible for medical assistance
166.3 benefits for a 12-month period beginning with the first month of
166.4 AFDC ineligibility;
166.5 (5) an amount equal to the actual expenditures for the care
166.6 of each dependent child or incapacitated individual living in
166.7 the same home and receiving aid, not to exceed: (a) $175 for
166.8 each individual age two and older, and $200 for each individual
166.9 under the age of two. The dependent care disregard must be
166.10 applied after all other disregards under this subdivision have
166.11 been applied;
166.12 (6) the first $50 per assistance unit of the monthly
166.13 support obligation collected by the support and recovery (IV-D)
166.14 unit. The first $50 of periodic support payments collected by
166.15 the public authority responsible for child support enforcement
166.16 from a person with a legal obligation to pay support for a
166.17 member of the assistance unit must be paid to the assistance
166.18 unit within 15 days after the end of the month in which the
166.19 collection of the periodic support payments occurred and must be
166.20 disregarded when determining the amount of assistance. A review
166.21 of a payment decision under this clause must be requested within
166.22 30 days after receiving the notice of collection of assigned
166.23 support or within 90 days after receiving the notice if good
166.24 cause can be shown for not making the request within the 30-day
166.25 limit;
166.26 (7) that portion of an insurance settlement earmarked and
166.27 used to pay medical expenses, funeral and burial costs, or to
166.28 repair or replace insured property; and
166.29 (8) (7) all earned income tax credit payments received by
166.30 the family as a refund of federal income taxes or made as
166.31 advance payments by an employer.
166.32 All payments made pursuant according to a court order for
166.33 the support of children not living in the assistance unit's
166.34 household shall be disregarded from the income of the person
166.35 with the legal obligation to pay support, provided that, if
166.36 there has been a change in the financial circumstances of the
167.1 person with the legal obligation to pay support since the
167.2 support order was entered, the person with the legal obligation
167.3 to pay support has petitioned for a modification of the support
167.4 order.
167.5 Sec. 7. Minnesota Statutes 1996, section 256.82,
167.6 subdivision 2, is amended to read:
167.7 Subd. 2. [FOSTER CARE MAINTENANCE PAYMENTS.]
167.8 Notwithstanding subdivision 1, for the purposes of foster care
167.9 maintenance payments under Title IV-E of the federal Social
167.10 Security Act, United States Code, title 42, sections 670 to 676,
167.11 during the period beginning July 1, 1985, and ending December
167.12 31, 1985, the county paying the maintenance costs shall be
167.13 reimbursed for the costs from those federal funds available for
167.14 that purpose together with an amount of state funds equal to a
167.15 percentage of the difference between the total cost and the
167.16 federal funds made available for payment. This percentage shall
167.17 not exceed the percentage specified in subdivision 1 for the aid
167.18 to families with dependent children program. In the event that
167.19 the state appropriation for this purpose is less than the state
167.20 percentage set in subdivision 1, the reimbursement shall be
167.21 ratably reduced to the county. Beginning January 1, 1986, for
167.22 the purpose of foster care maintenance payments under Title IV-E
167.23 of the Social Security Act, United States Code, title 42,
167.24 sections 670 to 676, the county paying the maintenance costs
167.25 must be reimbursed for the costs from the federal money
167.26 available for the purpose. Beginning July 1, 1997, for the
167.27 purposes of determining a child's eligibility under title IV-E
167.28 of the Social Security Act, the placing agency shall use AFDC
167.29 requirements as specified in federal law.
167.30 Sec. 8. Minnesota Statutes 1996, section 256.9354, is
167.31 amended by adding a subdivision to read:
167.32 Subd. 8. [SPONSOR'S INCOME AND RESOURCES DEEMED
167.33 AVAILABLE.] When determining eligibility for any federal or
167.34 state benefits under sections 256.9351 to 256.9363 and 256.9366
167.35 to 256.9369, the income and resources of all noncitizens shall
167.36 be deemed to include their sponsors' income and resources as
168.1 defined in the Personal Responsibility and Work Opportunity
168.2 Reconciliation Act of 1996, title IV, Public Law Number 104-193,
168.3 sections 421 and 422.
168.4 Sec. 9. Minnesota Statutes 1996, section 256B.055,
168.5 subdivision 3, is amended to read:
168.6 Subd. 3. [AFDC FAMILIES.] Until January 1, 1998, medical
168.7 assistance may be paid for a person who is eligible for or
168.8 receiving, or who would be eligible for, except for excess
168.9 income or assets, public assistance under the aid to families
168.10 with dependent children program in effect as of July 16, 1996,
168.11 as required by the Personal Responsibility and Work Opportunity
168.12 Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193.
168.13 Sec. 10. Minnesota Statutes 1996, section 256B.055, is
168.14 amended by adding a subdivision to read:
168.15 Subd. 3a. [MFIP-S FAMILIES; FAMILIES ELIGIBLE UNDER PRIOR
168.16 AFDC RULES.] (a) Beginning January 1, 1998, or on the date that
168.17 MFIP-S is implemented in counties which choose the MFIP-S early
168.18 implementation option under section 256J.50, medical assistance
168.19 may be paid for a person receiving public assistance under the
168.20 MFIP-S program.
168.21 (b) Beginning January 1, 1998, or on the date that MFIP-S
168.22 is implemented in counties which elect to implement MFIP-S
168.23 earlier under section 256J.50, medical assistance may be paid
168.24 for a person who would have been eligible for public assistance
168.25 under the income and resource standards and deprivation
168.26 requirements, or who would have been eligible but for excess
168.27 income or assets, under the state's AFDC plan in effect as of
168.28 July 16, 1996, as required by the Personal Responsibility and
168.29 Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law
168.30 Number 104-193.
168.31 Sec. 11. Minnesota Statutes 1996, section 256B.055,
168.32 subdivision 5, is amended to read:
168.33 Subd. 5. [PREGNANT WOMEN; DEPENDENT UNBORN CHILD.] Medical
168.34 assistance may be paid for a pregnant woman who has written
168.35 verification of a positive pregnancy test from a physician or
168.36 licensed registered nurse, who meets the other eligibility
169.1 criteria of this section and who would be categorically eligible
169.2 for assistance under the aid to families with dependent children
169.3 program state's AFDC plan in effect as of July 16, 1996, as
169.4 required by the Personal Responsibility and Work Opportunity
169.5 Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193,
169.6 if the child had been born and was living with the woman. For
169.7 purposes of this subdivision, a woman is considered pregnant for
169.8 60 days postpartum.
169.9 Sec. 12. Minnesota Statutes 1996, section 256B.056,
169.10 subdivision 1a, is amended to read:
169.11 Subd. 1a. [INCOME AND ASSETS GENERALLY.] Unless
169.12 specifically required by state law or rule or federal law or
169.13 regulation, the methodologies used in counting income and assets
169.14 to determine eligibility for medical assistance for persons
169.15 whose eligibility category is based on blindness, disability, or
169.16 age of 65 or more years, the methodologies for the supplemental
169.17 security income program shall be used, except that payments made
169.18 pursuant according to a court order for the support of children
169.19 shall be excluded from income in an amount not to exceed the
169.20 difference between the applicable income standard used in the
169.21 state's medical assistance program for aged, blind, and disabled
169.22 persons and the applicable income standard used in the state's
169.23 medical assistance program for families with children.
169.24 Exclusion of court-ordered child support payments is subject to
169.25 the condition that if there has been a change in the financial
169.26 circumstances of the person with the legal obligation to pay
169.27 support since the support order was entered, the person with the
169.28 legal obligation to pay support has petitioned for modification
169.29 of the support order. For families and children, which includes
169.30 all other eligibility categories, the methodologies for the aid
169.31 to families with dependent children program under section 256.73
169.32 under the state's AFDC plan in effect as of July 16, 1996, as
169.33 required by the Personal Responsibility and Work Opportunity
169.34 Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193,
169.35 shall be used. Effective upon federal approval, in-kind
169.36 contributions to, and payments made on behalf of, a recipient,
170.1 by an obligor, in satisfaction of or in addition to a temporary
170.2 or permanent order for child support or maintenance, shall be
170.3 considered income to the recipient. For these purposes, a
170.4 "methodology" does not include an asset or income standard, or
170.5 accounting method, or method of determining effective dates.
170.6 Sec. 13. Minnesota Statutes 1996, section 256B.056,
170.7 subdivision 3, is amended to read:
170.8 Subd. 3. [ASSET LIMITATIONS.] To be eligible for medical
170.9 assistance, a person must not individually own more than $3,000
170.10 in assets, or if a member of a household with two family
170.11 members, (husband and wife, or parent and child), the household
170.12 must not own more than $6,000 in assets, plus $200 for each
170.13 additional legal dependent. In addition to these maximum
170.14 amounts, an eligible individual or family may accrue interest on
170.15 these amounts, but they must be reduced to the maximum at the
170.16 time of an eligibility redetermination. The accumulation of the
170.17 clothing and personal needs allowance pursuant according to
170.18 section 256B.35 must also be reduced to the maximum at the time
170.19 of the eligibility redetermination. The value of assets that
170.20 are not considered in determining eligibility for medical
170.21 assistance is the value of those assets that are excluded by the
170.22 aid to families with dependent children program excluded under
170.23 the AFDC state plan as of July 16, 1996, as required by the
170.24 Personal Responsibility and Work Opportunity Reconciliation Act
170.25 of 1996 (PRWORA), Public Law Number 104-193, for families and
170.26 children, and the supplemental security income program for aged,
170.27 blind, and disabled persons, with the following exceptions:
170.28 (a) Household goods and personal effects are not considered.
170.29 (b) Capital and operating assets of a trade or business
170.30 that the local agency determines are necessary to the person's
170.31 ability to earn an income are not considered.
170.32 (c) Motor vehicles are excluded to the same extent excluded
170.33 by the supplemental security income program.
170.34 (d) Assets designated as burial expenses are excluded to
170.35 the same extent excluded by the supplemental security income
170.36 program.
171.1 Sec. 14. Minnesota Statutes 1996, section 256B.056,
171.2 subdivision 4, is amended to read:
171.3 Subd. 4. [INCOME.] To be eligible for medical assistance,
171.4 a person must not have, or anticipate receiving, semiannual
171.5 income in excess of 120 percent of the income standards by
171.6 family size used in under the aid to families with dependent
171.7 children program state plan as of July 16, 1996, as required by
171.8 the Personal Responsibility and Work Opportunity Reconciliation
171.9 Act of 1996 (PRWORA), Public Law Number 104-193, except that
171.10 families and children may have an income up to 133-1/3 percent
171.11 of the AFDC income standard. In computing income to determine
171.12 eligibility of persons who are not residents of long-term care
171.13 facilities, the commissioner shall disregard increases in income
171.14 as required by Public Law Numbers 94-566, section 503; 99-272;
171.15 and 99-509. Veterans aid and attendance benefits are considered
171.16 income to the recipient.
171.17 Sec. 15. Minnesota Statutes 1996, section 256B.057,
171.18 subdivision 1, is amended to read:
171.19 Subdivision 1. [PREGNANT WOMEN AND INFANTS.] (a) An infant
171.20 less than one year of age or a pregnant woman who has written
171.21 verification of a positive pregnancy test from a physician or
171.22 licensed registered nurse, is eligible for medical assistance if
171.23 countable family income is equal to or less than 275 percent of
171.24 the federal poverty guideline for the same family size. For
171.25 purposes of this subdivision, "countable family income" means
171.26 the amount of income considered available using the methodology
171.27 of the AFDC program under the state's AFDC plan as of July 16,
171.28 1996, as required by the Personal Responsibility and Work
171.29 Opportunity Reconciliation Act of 1996 (PRWORA), Public Law
171.30 Number 104-193, except for the earned income disregard and
171.31 employment deductions. An amount equal to the amount of earned
171.32 income exceeding 275 percent of the federal poverty guideline,
171.33 up to a maximum of the amount by which the combined total of 185
171.34 percent of the federal poverty guideline plus the earned income
171.35 disregards and deductions of the AFDC program under the state's
171.36 AFDC plan as of July 16, 1996, as required by the Personal
172.1 Responsibility and Work Opportunity Reconciliation Act of 1996
172.2 (PRWORA), Public Law Number 104-193, exceeds 275 percent of the
172.3 federal poverty guideline will be deducted for pregnant women
172.4 and infants less than one year of age. Eligibility for a
172.5 pregnant woman or infant less than one year of age under this
172.6 subdivision must be determined without regard to asset standards
172.7 established in section 256B.056, subdivision 3.
172.8 (b) An infant born on or after January 1, 1991, to a woman
172.9 who was eligible for and receiving medical assistance on the
172.10 date of the child's birth shall continue to be eligible for
172.11 medical assistance without redetermination until the child's
172.12 first birthday, as long as the child remains in the woman's
172.13 household.
172.14 Sec. 16. Minnesota Statutes 1996, section 256B.057,
172.15 subdivision 1b, is amended to read:
172.16 Subd. 1b. [PREGNANT WOMEN AND INFANTS; EXPANSION.] (a)
172.17 This subdivision supersedes subdivision 1 as long as the
172.18 Minnesota health care reform waiver remains in effect. When the
172.19 waiver expires, the commissioner of human services shall publish
172.20 a notice in the State Register and notify the revisor of
172.21 statutes. An infant less than two years of age or a pregnant
172.22 woman who has written verification of a positive pregnancy test
172.23 from a physician or licensed registered nurse, is eligible for
172.24 medical assistance if countable family income is equal to or
172.25 less than 275 percent of the federal poverty guideline for the
172.26 same family size. For purposes of this subdivision, "countable
172.27 family income" means the amount of income considered available
172.28 using the methodology of the AFDC program under the state's AFDC
172.29 plan as of July 16, 1996, as required by the Personal
172.30 Responsibility and Work Opportunity Reconciliation Act of 1996
172.31 (PRWORA), Public Law Number 104-193, except for the earned
172.32 income disregard and employment deductions. An amount equal to
172.33 the amount of earned income exceeding 275 percent of the federal
172.34 poverty guideline, up to a maximum of the amount by which the
172.35 combined total of 185 percent of the federal poverty guideline
172.36 plus the earned income disregards and deductions of the AFDC
173.1 program under the state's AFDC plan as of July 16, 1996, as
173.2 required by the Personal Responsibility and Work Opportunity
173.3 Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193,
173.4 exceeds 275 percent of the federal poverty guideline will be
173.5 deducted for pregnant women and infants less than two years of
173.6 age. Eligibility for a pregnant woman or infant less than two
173.7 years of age under this subdivision must be determined without
173.8 regard to asset standards established in section 256B.056,
173.9 subdivision 3.
173.10 (b) An infant born on or after January 1, 1991, to a woman
173.11 who was eligible for and receiving medical assistance on the
173.12 date of the child's birth shall continue to be eligible for
173.13 medical assistance without redetermination until the child's
173.14 second birthday, as long as the child remains in the woman's
173.15 household.
173.16 Sec. 17. Minnesota Statutes 1996, section 256B.057,
173.17 subdivision 2b, is amended to read:
173.18 Subd. 2b. [NO ASSET TEST FOR CHILDREN AND THEIR PARENTS;
173.19 EXPANSION.] This subdivision supersedes subdivision 2a as long
173.20 as the Minnesota health care reform waiver remains in effect.
173.21 When the waiver expires, this subdivision expires and the
173.22 commissioner of human services shall publish a notice in the
173.23 State Register and notify the revisor of statutes. Eligibility
173.24 for medical assistance for a person under age 21, and the
173.25 person's parents or relative caretakers as defined in the aid to
173.26 families with dependent children program according to chapter
173.27 256, who are eligible under section 256B.055, subdivision
173.28 3 under the state's AFDC plan in effect as of July 16, 1996, as
173.29 required by the Personal Responsibility and Work Opportunity
173.30 Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193,
173.31 and who live in the same household as the person eligible under
173.32 age 21, must be determined without regard to asset standards
173.33 established in section 256B.056.
173.34 Sec. 18. Minnesota Statutes 1996, section 256B.06,
173.35 subdivision 4, is amended to read:
173.36 Subd. 4. [CITIZENSHIP REQUIREMENTS.] (a) Eligibility for
174.1 medical assistance is limited to citizens of the United
174.2 States and aliens lawfully admitted for permanent residence or
174.3 otherwise permanently residing in the United States under the
174.4 color of law. Aliens who are seeking legalization under the
174.5 Immigration Reform and Control Act of 1986, Public Law Number
174.6 99-603, who are under age 18, over age 65, blind, disabled, or
174.7 Cuban or Haitian, and who meet the eligibility requirements of
174.8 medical assistance under subdivision 1 and sections 256B.055 to
174.9 256B.062 are eligible to receive medical assistance. Pregnant
174.10 women who are aliens seeking legalization under the Immigration
174.11 Reform and Control Act of 1986, Public Law Number 99-603, and
174.12 who meet the eligibility requirements of medical assistance
174.13 under subdivision 1 are eligible for payment of care and
174.14 services through the period of pregnancy and six weeks
174.15 postpartum. Payment shall also be made for care and services
174.16 that are furnished to an alien, regardless of immigration
174.17 status, who otherwise meets the eligibility requirements of this
174.18 section if such care and services are necessary for the
174.19 treatment of an emergency medical condition, except for organ
174.20 transplants and related care and services. For purposes of this
174.21 subdivision, the term "emergency medical condition" means a
174.22 medical condition, including labor and delivery, that if not
174.23 immediately treated could cause a person physical or mental
174.24 disability, continuation of severe pain, or death., qualified
174.25 noncitizens as defined in this subdivision, and other persons
174.26 residing lawfully in the United States.
174.27 (b) "Qualified noncitizen" means a person who meets one of
174.28 the following immigration criteria:
174.29 (1) admitted for lawful permanent residence according to
174.30 United States Code, title 8;
174.31 (2) admitted to the United States as a refugee according to
174.32 United States Code, title 8, section 1157;
174.33 (3) granted asylum according to United States Code, title
174.34 8, section 1158;
174.35 (4) granted withholding of deportation according to United
174.36 States Code, title 8, section 1253(h);
175.1 (5) paroled for a period of at least one year according to
175.2 United States Code, title 8, section 1182(d)(5);
175.3 (6) granted conditional entrant status according to United
175.4 States Code, title 8, section 1153(a)(7); or
175.5 (7) determined to be a battered noncitizen by the United
175.6 States Attorney General according to the Illegal Immigration
175.7 Reform and Immigrant Responsibility Act of 1996, title V of the
175.8 Omnibus Consolidated Appropriations Bill, Public Law Number
175.9 104-200.
175.10 (c) All qualified noncitizens who were residing in the
175.11 United States before August 22, 1996, who otherwise meet the
175.12 eligibility requirements of chapter 256B, are eligible for
175.13 medical assistance with federal financial participation.
175.14 (d) All qualified noncitizens who entered the United States
175.15 on or after August 22, 1996, and who otherwise meet the
175.16 eligibility requirements of chapter 256B, are eligible for
175.17 medical assistance with federal financial participation through
175.18 November 30, 1996.
175.19 Beginning December 1, 1996, qualified noncitizens who
175.20 entered the United States on or after August 22, 1996, and who
175.21 otherwise meet the eligibility requirements of chapter 256B are
175.22 eligible for medical assistance with federal participation for
175.23 five years if they meet one of the following criteria:
175.24 (i) refugees admitted to the United States according to
175.25 United States Code, title 8, section 1157;
175.26 (ii) persons granted asylum according to United States
175.27 Code, title 8, section 1158;
175.28 (iii) persons granted withholding of deportation according
175.29 to United States code, title 8, section 1253(h);
175.30 (iv) veterans of the United States Armed Forces with an
175.31 honorable discharge for a reason other than noncitizen status,
175.32 their spouses and unmarried minor dependent children; or
175.33 (v) persons on active duty in the United States Armed
175.34 Forces, other than for training, their spouses and unmarried
175.35 minor dependent children.
175.36 Beginning December 1, 1996, qualified noncitizens who do
176.1 not meet one of the criteria in items (i) to (v) are eligible
176.2 for medical assistance without federal financial participation
176.3 as described in paragraph (j).
176.4 (e) Noncitizens who are not qualified noncitizens as
176.5 defined in paragraph (b), who are lawfully residing in the
176.6 United States and who otherwise meet the eligibility
176.7 requirements of chapter 256B, are eligible for medical
176.8 assistance under clauses (1) to (3). These individuals must
176.9 cooperate with the Immigration and Naturalization Service to
176.10 pursue any applicable immigration status, including citizenship,
176.11 that would qualify them for medical assistance with federal
176.12 financial participation.
176.13 (1) Persons who were medical assistance recipients on
176.14 August 22, 1996, are eligible for medical assistance with
176.15 federal financial participation through December 31, 1996.
176.16 (2) Beginning January 1, 1997, persons described in clause
176.17 (1) are eligible for medical assistance without federal
176.18 financial participation as described in paragraph (j).
176.19 (3) Beginning December 1, 1996, persons residing in the
176.20 United States prior to August 22, 1996, who were not receiving
176.21 medical assistance and persons who arrived on or after August
176.22 22, 1996, are eligible for medical assistance without federal
176.23 financial participation as described in paragraph (j).
176.24 (f) Nonimmigrants who otherwise meet the eligibility
176.25 requirements of chapter 256B are eligible for the benefits as
176.26 provided in paragraphs (h) and (i). For purposes of this
176.27 subdivision, a "nonimmigrant" is a person in one of the classes
176.28 listed in United States Code, title 8, section 1101(a)(15).
176.29 (g) When determining eligibility for any federal or state
176.30 benefits under this subdivision, the income and resources of all
176.31 noncitizens shall be deemed to include their sponsors' income
176.32 and resources as required under the Personal Responsibility and
176.33 Work Opportunity Reconciliation Act of 1996, title IV, Public
176.34 Law Number 104-193, sections 421 and 422.
176.35 (h) Payment shall also be made for care and services that
176.36 are furnished to noncitizens, regardless of immigration status,
177.1 who otherwise meet the eligibility requirements of chapter 256B,
177.2 if such care and services are necessary for the treatment of an
177.3 emergency medical condition, except for organ transplants and
177.4 related care and services and routine prenatal care. For
177.5 purposes of this subdivision, the term "emergency medical
177.6 condition" means a medical condition that meets the requirements
177.7 of United States Code, title 42, section 1396b(v).
177.8 (i) Pregnant noncitizens who are undocumented or
177.9 nonimmigrants, who otherwise meet the eligibility requirements
177.10 of chapter 256B, are eligible for medical assistance payment
177.11 without federal financial participation for care and services
177.12 through the period of pregnancy, except for labor and delivery,
177.13 and 60 days postpartum.
177.14 (j) Qualified noncitizens as described in paragraph (d),
177.15 and all other noncitizens lawfully residing in the United States
177.16 as described in paragraph (e), who are ineligible for medical
177.17 assistance with federal financial participation and who
177.18 otherwise meet the eligibility requirements of chapter 256B and
177.19 of this paragraph, are eligible for medical assistance without
177.20 federal financial participation. Qualified noncitizens as
177.21 described in paragraph (d) are only eligible for medical
177.22 assistance without federal financial participation for five
177.23 years from their date of entry into the United States.
177.24 (k) The commissioner shall submit to the legislature by
177.25 December 31, 1998, a report on the number of recipients and cost
177.26 of coverage of care and services made according to paragraphs
177.27 (i) and (j).
177.28 Sec. 19. Minnesota Statutes 1996, section 256B.062, is
177.29 amended to read:
177.30 256B.062 [CONTINUED ELIGIBILITY.]
177.31 Medical assistance may be paid for persons who received aid
177.32 to families with dependent children in at least three of the six
177.33 months preceding the month in which the person became ineligible
177.34 for aid to families with dependent children, if the
177.35 ineligibility was due to an increase in hours of employment or
177.36 employment income or due to the loss of an earned income
178.1 disregard. A person who is eligible for extended medical
178.2 assistance is entitled to six months of assistance without
178.3 reapplication, unless the assistance unit ceases to include a
178.4 dependent child. For a person under 21 years of age, medical
178.5 assistance may not be discontinued within the six-month period
178.6 of extended eligibility until it has been determined that the
178.7 person is not otherwise eligible for medical assistance.
178.8 Medical assistance may be continued for an additional six months
178.9 if the person meets all requirements for the additional six
178.10 months, according to Title XIX of the Social Security Act, as
178.11 amended by section 303 of the Family Support Act of 1988, Public
178.12 Law Number 100-485. This section is repealed effective January
178.13 1, 1998.
178.14 Sec. 20. [256B.0635] [CONTINUED ELIGIBILITY IN SPECIAL
178.15 CIRCUMSTANCES.]
178.16 Subdivision 1. [INCREASED EMPLOYMENT.] Beginning January
178.17 1, 1998, or on the date that MFIP-S is implemented in counties
178.18 which elect to implement MFIP-S earlier under section 256J.50,
178.19 medical assistance may be paid for persons who received MFIP-S
178.20 or medical assistance for families and children in at least
178.21 three of six months preceding the month in which the person
178.22 became ineligible for MFIP-S or medical assistance, if the
178.23 ineligibility was due to an increase in hours of employment or
178.24 employment income or due to the loss of an earned income
178.25 disregard. In addition, to receive continued assistance under
178.26 this section, persons who received medical assistance for
178.27 families and children but did not receive MFIP-S must have had
178.28 income less than or equal to the assistance standard for their
178.29 family size under the state's AFDC plan in effect as of July 16,
178.30 1996, as required by the Personal Responsibility and Work
178.31 Opportunity Reconciliation Act of 1996 (PRWORA), Public Law
178.32 Number 104-193, at the time medical assistance eligibility
178.33 began. A person who is eligible for extended medical assistance
178.34 is entitled to six months of assistance without reapplication,
178.35 unless the assistance unit ceases to include a dependent child.
178.36 For a person under 21 years of age, medical assistance may not
179.1 be discontinued within the six-month period of extended
179.2 eligibility until it has been determined that the person is not
179.3 otherwise eligible for medical assistance. Medical assistance
179.4 may be continued for an additional six months if the person
179.5 meets all requirements for the additional six months, according
179.6 to Title XIX of the Social Security Act, as amended by section
179.7 303 of the Family Support Act of 1988, Public Law Number 100-485.
179.8 Subd. 2. [INCREASED CHILD OR SPOUSAL SUPPORT.] Beginning
179.9 January 1, 1998, or on the date that MFIP-S is implemented in
179.10 counties which elect to implement MFIP-S earlier under section
179.11 256J.50, medical assistance may be paid for persons who received
179.12 MFIP-S or medical assistance for families and children in at
179.13 least three of the six months preceding the month in which the
179.14 person became ineligible for MFIP-S or medical assistance, if
179.15 the ineligibility was the result of the collection of child or
179.16 spousal support under part D of title IV. In addition, to
179.17 receive continued assistance under this section, persons who
179.18 received medical assistance for families and children but did
179.19 not receive MFIP-S must have had income less than or equal to
179.20 the assistance standard for their family size under the state's
179.21 AFDC plan in effect as of July 16, 1996, as required by the
179.22 Personal Responsibility and Work Opportunity Reconciliation Act
179.23 of 1996 (PRWORA), Public Law Number 104-193, at the time medical
179.24 assistance eligibility began. A person who is eligible for
179.25 extended medical assistance under this subdivision is entitled
179.26 to four months of assistance without reapplication, unless the
179.27 assistance unit ceases to include a dependent child. For a
179.28 person under 21 years of age, medical assistance may not be
179.29 discontinued within the four-month period of extended
179.30 eligibility until it has been determined that the person is not
179.31 otherwise eligible for medical assistance.
179.32 Sec. 21. Minnesota Statutes 1996, section 256D.01,
179.33 subdivision 1, is amended to read:
179.34 Subdivision 1. [POLICY.] The objectives of sections
179.35 256D.01 to 256D.21 are to provide a sound administrative
179.36 structure for public assistance programs; to maximize the use of
180.1 federal money for public assistance purposes; to provide an
180.2 integrated public assistance program for all persons eligible
180.3 households in the state without adequate income or resources to
180.4 maintain a subsistence reasonably compatible with decency and
180.5 health; and to provide services to help employable and
180.6 potentially employable persons prepare for and attain
180.7 self-sufficiency and obtain permanent work.
180.8 It is declared to be the policy of this state that persons
180.9 eligible households unable to provide for themselves and not
180.10 otherwise provided for by law and who meet the eligibility
180.11 requirements of sections 256D.01 to 256D.21 are entitled to
180.12 receive grants of general assistance necessary to maintain a
180.13 subsistence reasonably compatible with decency and health.
180.14 Providing this assistance is a matter of public concern and a
180.15 necessity in promoting the public health and welfare.
180.16 Section 21 is effective January 1, 1998.
180.17 Sec. 22. Minnesota Statutes 1996, section 256D.01,
180.18 subdivision 1a, is amended to read:
180.19 Subd. 1a. [STANDARDS.] (a) A principal objective in
180.20 providing general assistance is to provide for persons single
180.21 adults or childless couples ineligible for federal programs who
180.22 are unable to provide for themselves. The minimum standard of
180.23 assistance determines the total amount of the general assistance
180.24 grant without separate standards for shelter, utilities, or
180.25 other needs.
180.26 (b) The commissioner shall set the standard of assistance
180.27 for an assistance unit consisting of an adult recipient who is
180.28 childless and unmarried or living apart from children and spouse
180.29 and who does not live with a parent or parents or a legal
180.30 custodian. When the other standards specified in this
180.31 subdivision increase, this standard must also be increased by
180.32 the same percentage.
180.33 (c) For an assistance unit consisting of a single adult who
180.34 lives with a parent or parents, the general assistance standard
180.35 of assistance is the amount that the aid to families with
180.36 dependent children standard of assistance, in effect on July 16,
181.1 1996, would increase if the recipient were added as an
181.2 additional minor child to an assistance unit consisting of the
181.3 recipient's parent and all of that parent's family members,
181.4 except that the standard may not exceed the standard for a
181.5 general assistance recipient living alone. Benefits received by
181.6 a responsible relative of the assistance unit under the
181.7 supplemental security income program, a workers' compensation
181.8 program, the Minnesota supplemental aid program, or any other
181.9 program based on the responsible relative's disability, and any
181.10 benefits received by a responsible relative of the assistance
181.11 unit under the social security retirement program, may not be
181.12 counted in the determination of eligibility or benefit level for
181.13 the assistance unit. Except as provided below, the assistance
181.14 unit is ineligible for general assistance if the available
181.15 resources or the countable income of the assistance unit and the
181.16 parent or parents with whom the assistance unit lives are such
181.17 that a family consisting of the assistance unit's parent or
181.18 parents, the parent or parents' other family members and the
181.19 assistance unit as the only or additional minor child would be
181.20 financially ineligible for general assistance. For the purposes
181.21 of calculating the countable income of the assistance unit's
181.22 parent or parents, the calculation methods, income deductions,
181.23 exclusions, and disregards used when calculating the countable
181.24 income for a single adult or childless couple must be used.
181.25 (d) For an assistance unit consisting of a childless
181.26 couple, the standards of assistance are the same as the first
181.27 and second adult standards of the aid to families with dependent
181.28 children program in effect on July 16, 1996. If one member of
181.29 the couple is not included in the general assistance grant, the
181.30 standard of assistance for the other is the second adult
181.31 standard of the aid to families with dependent children program.
181.32 (e) For an assistance unit consisting of all members of a
181.33 family, the standards of assistance are the same as the
181.34 standards of assistance that apply to a family under the aid to
181.35 families with dependent children program if that family had the
181.36 same number of parents and children as the assistance unit under
182.1 general assistance and if all members of that family were
182.2 eligible for the aid to families with dependent children
182.3 program. If one or more members of the family are not included
182.4 in the assistance unit for general assistance, the standards of
182.5 assistance for the remaining members are the same as the
182.6 standards of assistance that apply to an assistance unit
182.7 composed of the entire family, less the standards of assistance
182.8 for a family of the same number of parents and children as those
182.9 members of the family who are not in the assistance unit for
182.10 general assistance. In no case shall the standard for family
182.11 members who are in the assistance unit for general assistance,
182.12 when combined with the standard for family members who are not
182.13 in the general assistance unit, total more than the standard for
182.14 the entire family if all members were in an AFDC assistance
182.15 unit. A child may not be excluded from the assistance unit
182.16 unless income intended for its benefit is received from a
182.17 federally aided categorical assistance program or supplemental
182.18 security income. The income of a child who is excluded from the
182.19 assistance unit may not be counted in the determination of
182.20 eligibility or benefit level for the assistance unit.
182.21 (f) An assistance unit consisting of one or more members of
182.22 a family must have its grant determined using the policies and
182.23 procedures of the aid to families with dependent children
182.24 program, except that, until June 30, 1995, in cases where a
182.25 county agency has developed or approved a case plan that
182.26 includes reunification with the children, foster care
182.27 maintenance payments made under state or local law for a child
182.28 who is temporarily absent from the assistance unit must not be
182.29 considered income to the child and the payments must not be
182.30 counted in the determination of the eligibility or benefit level
182.31 of the assistance unit. Otherwise, the standard of assistance
182.32 must be determined according to paragraph (e); the first $50 of
182.33 total child support received by an assistance unit in a month
182.34 must be excluded and the balance counted as unearned income.
182.35 Section 22 is effective January 1, 1998.
182.36 Sec. 23. Minnesota Statutes 1996, section 256D.01,
183.1 subdivision 1e, is amended to read:
183.2 Subd. 1e. [RULES REGARDING EMERGENCY ASSISTANCE.] In order
183.3 to maximize the use of federal funds, The commissioner shall
183.4 adopt rules, to the extent permitted by federal law, for
183.5 eligibility for the emergency assistance program under aid to
183.6 families with dependent children, and under the terms of
183.7 sections 256D.01 to 256D.21 for general assistance, to require
183.8 use of the emergency program under aid to families with
183.9 dependent children or MFIP-S as the primary financial resource
183.10 when available. The commissioner shall adopt rules for
183.11 eligibility for general assistance of persons with seasonal
183.12 income and may attribute seasonal income to other periods not in
183.13 excess of one year from receipt by an applicant or recipient.
183.14 General assistance payments may not be made for foster care,
183.15 child welfare services, or other social services. Vendor
183.16 payments and vouchers may be issued only as authorized in
183.17 sections 256D.05, subdivision 6, and 256D.09.
183.18 Sec. 24. Minnesota Statutes 1996, section 256D.02,
183.19 subdivision 6, is amended to read:
183.20 Subd. 6. "Child" means an adult or minor child or
183.21 emancipated minor or, until December 31, 1997, the minor child
183.22 of an individual.
183.23 Sec. 25. Minnesota Statutes 1996, section 256D.02,
183.24 subdivision 12a, is amended to read:
183.25 Subd. 12a. [RESIDENT.] (a) For purposes of eligibility for
183.26 general assistance and general assistance medical care, a
183.27 "resident" is a person living in the state for at least 30 days
183.28 with the intention of making the person's home here and not for
183.29 any temporary purpose. Notwithstanding section 256G.03, time
183.30 spent in a shelter for battered women shall count toward
183.31 satisfying the 30-day residency requirement. All applicants for
183.32 these programs are required to demonstrate the requisite intent
183.33 and can do so in any of the following ways:
183.34 (1) by showing that the applicant maintains a residence at
183.35 a verified address, other than a place of public accommodation.
183.36 An applicant may verify a residence address by presenting a
184.1 valid state driver's license, a state identification card, a
184.2 voter registration card, a rent receipt, a statement by the
184.3 landlord, apartment manager, or homeowner verifying that the
184.4 individual is residing at the address, or other form of
184.5 verification approved by the commissioner; or
184.6 (2) by verifying residence in accordance with according to
184.7 Minnesota Rules, part 9500.1219, subpart 3, item C.
184.8 (b) An applicant who has been in the state for less than 30
184.9 days shall be considered a resident if the applicant can provide
184.10 documentation:
184.11 (1) that the applicant was born in the state;
184.12 (2) that the applicant has been a long-time resident of the
184.13 state or was formerly a resident of the state for at least 365
184.14 days and is returning to the state from a temporary absence, as
184.15 those terms are defined in rules adopted by the commissioner;
184.16 (3) that the applicant has come to the state to join a
184.17 close relative which, for purposes of this subdivision, means a
184.18 parent, grandparent, brother, sister, spouse, or child; or
184.19 (4) that the applicant has come to this state to accept a
184.20 bona fide offer of employment for which the applicant is
184.21 eligible.
184.22 For general assistance medical care, a county agency shall
184.23 waive the 30-day residency requirement in cases of emergencies,
184.24 including medical emergencies, or where unusual hardship would
184.25 result from denial of general assistance medical care. For
184.26 general assistance, a county may shall waive the 30-day
184.27 residency requirement in cases of emergencies, including medical
184.28 emergencies, or where unusual hardship would result from denial
184.29 of general assistance. For purposes of this subdivision,
184.30 "unusual hardship" means the applicant is without shelter or is
184.31 without available resources for food.
184.32 The county agency must report to the commissioner within 30
184.33 days on any waiver granted under this section. The county shall
184.34 not deny an application solely because the applicant does not
184.35 meet at least one of the criteria in this subdivision, but shall
184.36 continue to process the application and leave the application
185.1 pending until the residency requirement is met or until
185.2 eligibility or ineligibility is established.
185.3 (c) For purposes of paragraph (b), the following
185.4 definitions apply (1) "metropolitan statistical area" is as
185.5 defined by the U.S. Census Bureau; (2) "shelter" includes any
185.6 shelter that is located within the metropolitan statistical area
185.7 containing the county and for which the applicant is eligible,
185.8 provided the applicant does not have to travel more than 20
185.9 miles to reach the shelter and has access to transportation to
185.10 the shelter. Clause (2) does not apply to counties in the
185.11 Minneapolis-St. Paul metropolitan statistical area.
185.12 (d) For purposes of eligibility for emergency general
185.13 assistance, the 30-day residency requirement in paragraph (a)
185.14 shall not be waived.
185.15 Section 25 is effective January 1, 1998.
185.16 Sec. 26. [256D.024] [PERSONS PROHIBITED FROM RECEIVING
185.17 GENERAL ASSISTANCE, GENERAL ASSISTANCE MEDICAL CARE, MINNESOTA
185.18 SUPPLEMENTAL AID.]
185.19 Subdivision 1. [PERSON CONVICTED OF DRUG OFFENSES.] (a) If
185.20 an applicant has been convicted of a drug offense after July 1,
185.21 1997, the assistance unit is ineligible for benefits under this
185.22 chapter until five years after the applicant has completed terms
185.23 of the court-ordered sentence.
185.24 (b) For the purposes of this subdivision, "drug offense"
185.25 means a conviction that occurred after July 1, 1997, of sections
185.26 152.021 to 152.025, 152.0261, or 152.096. Drug offense also
185.27 means a conviction in another jurisdiction of the possession,
185.28 use, or distribution of a controlled substance, or conspiracy to
185.29 commit any of these offenses, if the offense occurred after July
185.30 1, 1997, and the conviction is a felony offense in that
185.31 jurisdiction, or in the case of New Jersey, a high misdemeanor.
185.32 Subd. 2. [PAROLE VIOLATORS.] An individual violating a
185.33 condition of probation or parole imposed under federal or state
185.34 law is ineligible to receive benefits under this chapter.
185.35 Subd. 3. [FLEEING FELONS.] An individual who is fleeing to
185.36 avoid prosecution, or custody, or confinement after conviction
186.1 for a crime that is a felony under the laws of the jurisdiction
186.2 from which the individual flees, or in the case of New Jersey,
186.3 is a high misdemeanor, is ineligible to receive benefits under
186.4 this chapter.
186.5 Subd. 4. [DENIAL OF ASSISTANCE FOR TEN YEARS TO A PERSON
186.6 FOUND TO HAVE FRAUDULENTLY MISREPRESENTED RESIDENCY.] An
186.7 individual who is convicted in federal or state court of having
186.8 made a fraudulent statement or representation with respect to
186.9 the place of residence of the individual in order to receive
186.10 assistance simultaneously from two or more states is ineligible
186.11 to receive benefits under this chapter for ten years beginning
186.12 on the date of the conviction.
186.13 Sec. 27. Minnesota Statutes 1996, section 256D.03,
186.14 subdivision 3, is amended to read:
186.15 Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.]
186.16 (a) General assistance medical care may be paid for any person
186.17 who is not eligible for medical assistance under chapter 256B,
186.18 including eligibility for medical assistance based on a
186.19 spenddown of excess income according to section 256B.056,
186.20 subdivision 5, and:
186.21 (1) who is receiving assistance under section 256D.05, or
186.22 who is having a payment made on the person's behalf under
186.23 sections 256I.01 to 256I.06; or
186.24 (2)(i) who is a resident of Minnesota; and whose equity in
186.25 assets is not in excess of $1,000 per assistance unit. No asset
186.26 test shall be applied to children and their parents living in
186.27 the same household. Exempt assets, the reduction of excess
186.28 assets, and the waiver of excess assets must conform to the
186.29 medical assistance program in chapter 256B, with the following
186.30 exception: the maximum amount of undistributed funds in a trust
186.31 that could be distributed to or on behalf of the beneficiary by
186.32 the trustee, assuming the full exercise of the trustee's
186.33 discretion under the terms of the trust, must be applied toward
186.34 the asset maximum; and
186.35 (ii) who has countable income not in excess of the
186.36 assistance standards established in section 256B.056,
187.1 subdivision 4, or whose excess income is spent down pursuant
187.2 according to section 256B.056, subdivision 5, using a six-month
187.3 budget period, except that a one-month budget period must be
187.4 used for recipients residing in a long-term care facility. The
187.5 method for calculating earned income disregards and deductions
187.6 for a person who resides with a dependent child under age 21
187.7 shall be as specified in section 256.74, subdivision 1 follow
187.8 section 256B.056. However, if a disregard of $30 and one-third
187.9 of the remainder described in section 256.74, subdivision 1,
187.10 clause (4), has been applied to the wage earner's income, the
187.11 disregard shall not be applied again until the wage earner's
187.12 income has not been considered in an eligibility determination
187.13 for general assistance, general assistance medical care, medical
187.14 assistance, or aid to families with dependent children or MFIP-S
187.15 for 12 consecutive months. The earned income and work expense
187.16 deductions for a person who does not reside with a dependent
187.17 child under age 21 shall be the same as the method used to
187.18 determine eligibility for a person under section 256D.06,
187.19 subdivision 1, except the disregard of the first $50 of earned
187.20 income is not allowed; or
187.21 (3) who would be eligible for medical assistance except
187.22 that the person resides in a facility that is determined by the
187.23 commissioner or the federal health care financing administration
187.24 to be an institution for mental diseases.
187.25 (b) Eligibility is available for the month of application,
187.26 and for three months prior to application if the person was
187.27 eligible in those prior months. A redetermination of
187.28 eligibility must occur every 12 months.
187.29 (c) General assistance medical care is not available for a
187.30 person in a correctional facility unless the person is detained
187.31 by law for less than one year in a county correctional or
187.32 detention facility as a person accused or convicted of a crime,
187.33 or admitted as an inpatient to a hospital on a criminal hold
187.34 order, and the person is a recipient of general assistance
187.35 medical care at the time the person is detained by law or
187.36 admitted on a criminal hold order and as long as the person
188.1 continues to meet other eligibility requirements of this
188.2 subdivision.
188.3 (d) General assistance medical care is not available for
188.4 applicants or recipients who do not cooperate with the county
188.5 agency to meet the requirements of medical assistance.
188.6 (e) In determining the amount of assets of an individual,
188.7 there shall be included any asset or interest in an asset,
188.8 including an asset excluded under paragraph (a), that was given
188.9 away, sold, or disposed of for less than fair market value
188.10 within the 60 months preceding application for general
188.11 assistance medical care or during the period of eligibility.
188.12 Any transfer described in this paragraph shall be presumed to
188.13 have been for the purpose of establishing eligibility for
188.14 general assistance medical care, unless the individual furnishes
188.15 convincing evidence to establish that the transaction was
188.16 exclusively for another purpose. For purposes of this
188.17 paragraph, the value of the asset or interest shall be the fair
188.18 market value at the time it was given away, sold, or disposed
188.19 of, less the amount of compensation received. For any
188.20 uncompensated transfer, the number of months of ineligibility,
188.21 including partial months, shall be calculated by dividing the
188.22 uncompensated transfer amount by the average monthly per person
188.23 payment made by the medical assistance program to skilled
188.24 nursing facilities for the previous calendar year. The
188.25 individual shall remain ineligible until this fixed period has
188.26 expired. The period of ineligibility may exceed 30 months, and
188.27 a reapplication for benefits after 30 months from the date of
188.28 the transfer shall not result in eligibility unless and until
188.29 the period of ineligibility has expired. The period of
188.30 ineligibility begins in the month the transfer was reported to
188.31 the county agency, or if the transfer was not reported, the
188.32 month in which the county agency discovered the transfer,
188.33 whichever comes first. For applicants, the period of
188.34 ineligibility begins on the date of the first approved
188.35 application.
188.36 (f) When determining eligibility for any state benefits
189.1 under this subdivision, the income and resources of all
189.2 noncitizens shall be deemed to include their sponsor's income
189.3 and resources as defined in the Personal Responsibility and Work
189.4 Opportunity Reconciliation Act of 1996, title IV, Public Law
189.5 Number 104-193, section 421.
189.6 (f) (g)(1) Beginning October 1, 1993, An undocumented alien
189.7 noncitizen or a nonimmigrant is ineligible for general
189.8 assistance medical care other than emergency services. For
189.9 purposes of this subdivision, a nonimmigrant is an individual in
189.10 one or more of the classes listed in United States Code, title
189.11 8, section 1101(a)(15), and an undocumented alien noncitizen is
189.12 an individual who resides in the United States without the
189.13 approval or acquiescence of the Immigration and Naturalization
189.14 Service.
189.15 (2) This subdivision does not apply to a child under age
189.16 18, to a Cuban or Haitian entrant as defined in Public Law
189.17 Number 96-422, section 501(e)(1) or (2)(a), or to an alien a
189.18 noncitizen who is aged, blind, or disabled as defined in United
189.19 States Code, title 42, section 1382c(a)(1) Code of Federal
189.20 Regulations, title 42, sections 435.520, 435.530, 435.531,
189.21 435.540, and 435.541, who cooperates with the Immigration and
189.22 Naturalization Service to pursue any applicable immigration
189.23 status, including citizenship, that would qualify the individual
189.24 for medical assistance with federal financial participation.
189.25 (3) For purposes of paragraph (f), "emergency services" has
189.26 the meaning given in Code of Federal Regulations, title 42,
189.27 section 440.255(b)(1), except that it also means services
189.28 rendered because of suspected or actual pesticide poisoning.
189.29 (4) Notwithstanding any other provision of law, a
189.30 noncitizen who is ineligible for medical assistance due to the
189.31 deeming of a sponsor's income and resources, is ineligible for
189.32 general assistance medical care.
189.33 Sec. 28. Minnesota Statutes 1996, section 256D.05,
189.34 subdivision 1, is amended to read:
189.35 Subdivision 1. [ELIGIBILITY.] (a) Each person or family
189.36 whose assistance unit with income and resources are less than
190.1 the standard of assistance established by the commissioner
190.2 and with a member who is a resident of the state shall be
190.3 eligible for and entitled to general assistance if the person or
190.4 family assistance unit is:
190.5 (1) a person who is suffering from a professionally
190.6 certified permanent or temporary illness, injury, or incapacity
190.7 which is expected to continue for more than 30 days and which
190.8 prevents the person from obtaining or retaining employment;
190.9 (2) a person whose presence in the home on a substantially
190.10 continuous basis is required because of the professionally
190.11 certified illness, injury, incapacity, or the age of another
190.12 member of the household;
190.13 (3) a person who has been placed in, and is residing in, a
190.14 licensed or certified facility for purposes of physical or
190.15 mental health or rehabilitation, or in an approved chemical
190.16 dependency domiciliary facility, if the placement is based on
190.17 illness or incapacity and is pursuant according to a plan
190.18 developed or approved by the county agency through its director
190.19 or designated representative or in a facility which has been
190.20 designated by the commissioner of corrections as a battered
190.21 women's shelter;
190.22 (4) a person who resides in a shelter facility described in
190.23 subdivision 3;
190.24 (5) a person not described in clause (1) or (3) who is
190.25 diagnosed by a licensed physician, psychological practitioner,
190.26 or other qualified professional, as mentally retarded or
190.27 mentally ill, and that condition prevents the person from
190.28 obtaining or retaining employment;
190.29 (6) (5) a person who has an application pending for, or is
190.30 appealing termination of benefits from, the social security
190.31 disability program or the program of supplemental security
190.32 income for the aged, blind, and disabled, provided the person
190.33 has a professionally certified permanent or temporary illness,
190.34 injury, or incapacity which is expected to continue for more
190.35 than 30 days and which prevents the person from obtaining or
190.36 retaining employment;
191.1 (7) (6) a person who is unable to obtain or retain
191.2 employment because advanced age significantly affects the
191.3 person's ability to seek or engage in substantial work;
191.4 (8) (7) a person who has been assessed by a vocational
191.5 specialist and, in consultation with the county agency, has been
191.6 determined to be unemployable for purposes of this item, clause;
191.7 a person is considered employable if there exist positions of
191.8 employment in the local labor market, regardless of the current
191.9 availability of openings for those positions, that the person is
191.10 capable of performing. The person's eligibility under this
191.11 category must be reassessed at least annually. The county
191.12 agency must provide notice to the person not later than 30 days
191.13 before annual eligibility under this item ends, informing the
191.14 person of the date annual eligibility will end and the need for
191.15 vocational assessment if the person wishes to continue
191.16 eligibility under this clause. For purposes of establishing
191.17 eligibility under this clause, it is the applicant's or
191.18 recipient's duty to obtain any needed vocational assessment;
191.19 (9) (8) a person who is determined by the county agency, in
191.20 accordance with according to permanent rules adopted by the
191.21 commissioner, to be learning disabled, provided that if a
191.22 rehabilitation plan for the person is developed or approved by
191.23 the county agency, the person is following the plan;
191.24 (10) (9) a child under the age of 18 who is not living with
191.25 a parent, stepparent, or legal custodian, but and only if: the
191.26 child is legally emancipated or living with an adult with the
191.27 consent of an agency acting as a legal custodian; the child is
191.28 at least 16 years of age and the general assistance grant is
191.29 approved by the director of the county agency or a designated
191.30 representative as a component of a social services case plan for
191.31 the child; or the child is living with an adult with the consent
191.32 of the child's legal custodian and the county agency. For
191.33 purposes of this clause, "legally emancipated" means a person
191.34 under the age of 18 years who: (i) has been married; (ii) is on
191.35 active duty in the uniformed services of the United States;
191.36 (iii) has been emancipated by a court of competent jurisdiction;
192.1 or (iv) is otherwise considered emancipated under Minnesota law,
192.2 and for whom county social services has not determined that a
192.3 social services case plan is necessary, for reasons other
192.4 than that the child has failed or refuses to cooperate with the
192.5 county agency in developing the plan;
192.6 (11) (10) until January 1, 1998, a woman in the last
192.7 trimester of pregnancy who does not qualify for aid to families
192.8 with dependent children. A woman who is in the last trimester
192.9 of pregnancy who is currently receiving aid to families with
192.10 dependent children may be granted emergency general assistance
192.11 to meet emergency needs;
192.12 (12) (11) a person who is eligible for displaced homemaker
192.13 services, programs, or assistance under section 268.96, but only
192.14 if that person is enrolled as a full-time student;
192.15 (13) (12) a person who lives more than two hours round-trip
192.16 traveling time from any potential suitable employment;
192.17 (14) (13) a person who is involved with protective or
192.18 court-ordered services that prevent the applicant or recipient
192.19 from working at least four hours per day;
192.20 (15) (14) until January 1, 1998, (i) a family as defined in
192.21 section 256D.02, subdivision 5, which is ineligible for the aid
192.22 to families with dependent children program.
192.23 (ii) unless exempt under section 256D.051, subdivision 3a,
192.24 each adult in the unit must participate in and cooperate with
192.25 the food stamp employment and training program under section
192.26 256D.051 each month that the unit receives general assistance
192.27 benefits. The recipient's participation must begin no later
192.28 than the first day of the first full month following the
192.29 determination of eligibility for general assistance benefits.
192.30 To the extent of available resources, and with the county
192.31 agency's consent, the recipient may voluntarily continue to
192.32 participate in food stamp employment and training services for
192.33 up to three additional consecutive months immediately following
192.34 termination of general assistance benefits in order to complete
192.35 the provisions of the recipient's employability development
192.36 plan. If an adult member fails without good cause to
193.1 participate in or cooperate with the food stamp employment and
193.2 training program, the county agency shall concurrently terminate
193.3 that person's eligibility for general assistance and food stamps
193.4 for two months or until compliance is achieved, whichever is
193.5 shorter, using the notice, good cause, conciliation and
193.6 termination procedures specified in section 256D.051; or
193.7 (16) (15) a person over age 18 whose primary language is
193.8 not English and who is attending high school at least half time;
193.9 (16) a person under the age of 18 who suffers from
193.10 maladaptive behavior in the personal and behavior function area,
193.11 which for purposes of this section, is defined in the Code of
193.12 Federal Regulations and has the meaning given to these terms as
193.13 of August 21, 1996; or
193.14 (17) a person whose alcohol and drug addiction is a
193.15 material factor that contributes to the person's disability so
193.16 long as the person is receiving treatment from a licensed
193.17 chemical dependency provider, or is on a waiting list to receive
193.18 such treatment.
193.19 (b) Persons or families who are not Assistance units that
193.20 do not include a state residents resident but who are otherwise
193.21 eligible for general assistance may receive emergency general
193.22 assistance to meet emergency needs.
193.23 (c) As a condition of eligibility under paragraph (a),
193.24 clauses (1), (3), (5) (4), (8) (7), and (9) (8), the
193.25 recipient must complete an interim assistance agreement and must
193.26 apply for other maintenance benefits as specified in section
193.27 256D.06, subdivision 5, and must comply with efforts to
193.28 determine the recipient's eligibility for those other
193.29 maintenance benefits.
193.30 (d) The burden of providing documentation for a county
193.31 agency to use to verify eligibility for general assistance or
193.32 for exemption from the food stamp employment and training
193.33 program is upon the applicant or recipient. The county agency
193.34 shall use documents already in its possession to verify
193.35 eligibility, and shall help the applicant or recipient obtain
193.36 other existing verification necessary to determine eligibility
194.1 which the applicant or recipient does not have and is unable to
194.2 obtain.
194.3 Sec. 29. Minnesota Statutes 1996, section 256D.05,
194.4 subdivision 5, is amended to read:
194.5 Subd. 5. [TRANSFERS OF PROPERTY.] The equity value of real
194.6 and personal property transferred without reasonable
194.7 compensation within 12 months preceding the date of application
194.8 for general assistance must be included in determining the
194.9 resources of an assistance unit in the same manner as in the aid
194.10 to families with dependent children program under chapter 256 or
194.11 MFIP-S under chapter 256J.
194.12 Sec. 30. Minnesota Statutes 1996, section 256D.05,
194.13 subdivision 8, is amended to read:
194.14 Subd. 8. [PERSONS INELIGIBLE CITIZENSHIP.] (a) Beginning
194.15 October 1, 1993, an undocumented alien or a nonimmigrant is
194.16 ineligible for general assistance benefits. For purposes of
194.17 this subdivision, a nonimmigrant is an individual in one or more
194.18 of the classes listed in United States Code, title 8, section
194.19 1101(a)(15), and an undocumented alien is an individual who
194.20 resides in the United States without the approval or
194.21 acquiescence of the Immigration and Naturalization Service.
194.22 (b) This subdivision does not apply to a child under age
194.23 18, to a Cuban or Haitian entrant as defined in Public Law
194.24 Number 96-422, section 501(e)(1) or (2)(a), or to an alien who
194.25 is aged, blind, or disabled as defined in United States Code,
194.26 title 42, section 1382c(a)(1). Effective July 1, 1997,
194.27 citizenship requirements for applicants and recipients under
194.28 sections 256D.01 to 256D.21 shall be determined the same as
194.29 under section 256J.11. The income of sponsors of noncitizens
194.30 shall be deemed available to general assistance and general
194.31 assistance medical care applicants and recipients according to
194.32 the Personal Responsibility and Work Opportunity Reconciliation
194.33 Act of 1996, Public Law Number 104-193, Title IV, section 421.
194.34 Sec. 31. Minnesota Statutes 1996, section 256D.051,
194.35 subdivision 1a, is amended to read:
194.36 Subd. 1a. [NOTICES; CONCILIATION CONFERENCE; AND
195.1 SANCTIONS.] (a) At the time the county agency notifies the
195.2 household that it is eligible for food stamps, the county agency
195.3 must inform all mandatory employment and training services
195.4 participants as identified in subdivision 1 in the household
195.5 that they must comply with all food stamp employment and
195.6 training program requirements each month, including the
195.7 requirement to attend an initial orientation to the food stamp
195.8 employment and training program and that food stamp eligibility
195.9 will end unless the participants comply with the requirements
195.10 specified in the notice.
195.11 (b) A participant who fails without good cause to comply
195.12 with food stamp employment and training program requirements of
195.13 this section, including attendance at orientation, will lose
195.14 food stamp eligibility for two months or until the county agency
195.15 determines that the participant has complied with the program
195.16 requirements, whichever is shorter. the following periods:
195.17 (1) for the first occurrence, for one month or until the
195.18 person complies with the requirements not previously complied
195.19 with, whichever is longer;
195.20 (2) for the second occurrence, for three months or until
195.21 the person complies with the requirements not previously
195.22 complied with, whichever is longer; or
195.23 (3) for the third and any subsequent occurrence, for six
195.24 months or until the person complies with the requirements not
195.25 previously complied with, whichever is longer.
195.26 If the participant is not the food stamp head of household,
195.27 the person shall be considered an ineligible household member
195.28 for food stamp purposes. If the participant is the food stamp
195.29 head of household, the entire household is ineligible for food
195.30 stamps as provided in Code of Federal Regulations, title 7,
195.31 section 273.7(g). "Good cause" means circumstances beyond the
195.32 control of the participant, such as illness or injury, illness
195.33 or injury of another household member requiring the
195.34 participant's presence, a household emergency, or the inability
195.35 to obtain child care for children between the ages of six and 12
195.36 or to obtain transportation needed in order for the participant
196.1 to meet the food stamp employment and training program
196.2 participation requirements.
196.3 (c) The county agency shall mail or hand deliver a notice
196.4 to the participant not later than five days after determining
196.5 that the participant has failed without good cause to comply
196.6 with food stamp employment and training program requirements
196.7 which specifies the requirements that were not complied with,
196.8 the factual basis for the determination of noncompliance, and
196.9 the right to reinstate eligibility upon a showing of good
196.10 cause or the for failure to meet the requirements,. The notice
196.11 must ask the reason for the noncompliance, and must identify the
196.12 participant's appeal rights. The notice must request that the
196.13 participant inform the county agency if the participant believes
196.14 that good cause existed for the failure to comply, must offer
196.15 the participant a conciliation conference as provided in
196.16 paragraph (d), and must state that the county agency intends to
196.17 terminate eligibility for food stamp benefits due to failure to
196.18 comply with food stamp employment and training program
196.19 requirements.
196.20 (d) The county agency must offer a conciliation conference
196.21 to participants who have failed to comply with food stamp
196.22 employment and training program requirements. The purpose of
196.23 the conference is to determine the cause for noncompliance, to
196.24 attempt to resolve the problem causing the noncompliance so that
196.25 all requirements are complied with, and to determine if good
196.26 cause for noncompliance was present. The conciliation period
196.27 shall run for ten working days from the date of the notice
196.28 required in paragraph (c). Information about how to request a
196.29 conciliation conference must be specified in the notice required
196.30 in paragraph (c). If the county agency determines that the
196.31 participant, during the conciliation period, complied with all
196.32 food stamp employment and training program requirements that the
196.33 recipient was required to comply with prior to and during the
196.34 conciliation period, or if the county agency determines that
196.35 good cause for failing to comply with the requirements was
196.36 present, a sanction on the participant's or household's food
197.1 stamp eligibility shall not be imposed.
197.2 (e) If the county agency determines that the participant
197.3 did not comply during the conciliation period month with all
197.4 food stamp employment and training program requirements that
197.5 were in effect prior to and during the conciliation period, and
197.6 if the county agency determines that good cause was not present,
197.7 the county must provide a ten-day notice of termination of food
197.8 stamp benefits. The termination notice must be issued following
197.9 the last day of the conciliation period. The amount of food
197.10 stamps that are withheld from the household and determination of
197.11 the impact of the sanction on other household members is
197.12 governed by Code of Federal Regulations, title 7, section 273.7.
197.13 (f) (e) The participant may appeal the termination of food
197.14 stamp benefits under the provisions of section 256.045.
197.15 Sec. 32. Minnesota Statutes 1996, section 256D.051,
197.16 subdivision 2a, is amended to read:
197.17 Subd. 2a. [DUTIES OF COMMISSIONER.] In addition to any
197.18 other duties imposed by law, the commissioner shall:
197.19 (1) based on this section and section 256D.052 and Code of
197.20 Federal Regulations, title 7, section 273.7, supervise the
197.21 administration of food stamp employment and training services to
197.22 county agencies;
197.23 (2) disburse money appropriated for food stamp employment
197.24 and training services to county agencies based upon the county's
197.25 costs as specified in section 256D.06;
197.26 (3) accept and supervise the disbursement of any funds that
197.27 may be provided by the federal government or from other sources
197.28 for use in this state for food stamp employment and training
197.29 services; and
197.30 (4) cooperate with other agencies including any agency of
197.31 the United States or of another state in all matters concerning
197.32 the powers and duties of the commissioner under this section and
197.33 section 256D.052; and
197.34 (5) in cooperation with the commissioner of economic
197.35 security, ensure that each component of an employment and
197.36 training program carried out under this section is delivered
198.1 through a statewide workforce development system, unless the
198.2 component is not available locally through such a system.
198.3 Sec. 33. Minnesota Statutes 1996, section 256D.051,
198.4 subdivision 3a, is amended to read:
198.5 Subd. 3a. [PERSONS REQUIRED TO REGISTER FOR AND
198.6 PARTICIPATE IN THE FOOD STAMP EMPLOYMENT AND TRAINING PROGRAM.]
198.7 (a) To the extent required under Code of Federal Regulations,
198.8 title 7, section 273.7(a), each applicant for and recipient of
198.9 food stamps is required to register for work as a condition of
198.10 eligibility for food stamp benefits. Applicants and recipients
198.11 are registered by signing an application or annual reapplication
198.12 for food stamps, and must be informed that they are registering
198.13 for work by signing the form.
198.14 (b) The commissioner shall determine, within federal
198.15 requirements, persons required to participate in the food stamp
198.16 employment and training (FSET) program.
198.17 (c) The following food stamp recipients are exempt from
198.18 mandatory participation in food stamp employment and training
198.19 services:
198.20 (1) recipients of benefits under the AFDC program, MFIP-S
198.21 program, Minnesota supplemental aid program, or the general
198.22 assistance program, except that an adult who receives general
198.23 assistance under section 256D.05, subdivision 1, paragraph (b),
198.24 is not exempt unless that person qualifies under one of the
198.25 remaining exemption provisions in this paragraph;
198.26 (2) a child;
198.27 (3) a recipient over age 55;
198.28 (4) a recipient who has a mental or physical illness,
198.29 injury, or incapacity which is expected to continue for at least
198.30 30 days and which impairs the recipient's ability to obtain or
198.31 retain employment as evidenced by professional certification or
198.32 the receipt of temporary or permanent disability benefits issued
198.33 by a private or government source;
198.34 (5) a parent or other household member responsible for the
198.35 care of either a dependent child in the household who is under
198.36 age six or a person in the household who is professionally
199.1 certified as having a physical or mental illness, injury, or
199.2 incapacity. Only one parent or other household member may claim
199.3 exemption under this provision;
199.4 (6) a recipient receiving unemployment compensation or who
199.5 has applied for unemployment compensation and has been required
199.6 to register for work with the department of economic security as
199.7 part of the unemployment compensation application process;
199.8 (7) a recipient participating each week in a drug addiction
199.9 or alcohol abuse treatment and rehabilitation program, provided
199.10 the operators of the treatment and rehabilitation program, in
199.11 consultation with the county agency, recommend that the
199.12 recipient not participate in the food stamp employment and
199.13 training program;
199.14 (8) a recipient employed or self-employed for 30 or more
199.15 hours per week at employment paying at least minimum wage, or
199.16 who earns wages from employment equal to or exceeding 30 hours
199.17 multiplied by the federal minimum wage; or
199.18 (9) a student enrolled at least half time in any school,
199.19 training program, or institution of higher education. When
199.20 determining if a student meets this criteria, the school's,
199.21 program's or institution's criteria for being enrolled half time
199.22 shall be used.; or
199.23 (10) a recipient residing with and responsible for the care
199.24 of a minor child.
199.25 Sec. 34. Minnesota Statutes 1996, section 256D.051, is
199.26 amended by adding a subdivision to read:
199.27 Subd. 18. [WORK EXPERIENCE PLACEMENTS.] (a) To the extent
199.28 of available resources, each county agency must establish and
199.29 operate a work experience component in the food stamp employment
199.30 and training program for recipients who are subject to a federal
199.31 limit of three months of food stamp eligibility in any 36-month
199.32 period. The purpose of the work experience component is to
199.33 enhance the participant's employability, self-sufficiency, and
199.34 to provide meaningful, productive work activities.
199.35 (b) The commissioner shall assist counties in the design
199.36 and implementation of these components. The commissioner must
200.1 ensure that job placements under a work experience component
200.2 comply with section 256J.72. Written or oral concurrence with
200.3 job duties of persons placed under the community work experience
200.4 program shall be obtained from the appropriate exclusive
200.5 bargaining representative.
200.6 (c) Worksites developed under this section are limited to
200.7 projects that serve a useful public service such as health,
200.8 social service, environmental protection, education, urban and
200.9 rural development and redevelopment, welfare, recreation, public
200.10 facilities, public safety, community service, services to aged
200.11 or disabled citizens, and child care. To the extent possible,
200.12 the prior training, skills, and experience of a recipient must
200.13 be used in making appropriate work experience assignments.
200.14 (d) Structured, supervised volunteer work with an agency or
200.15 organization that is monitored by the county service provider
200.16 may, with the approval of the county agency, be used as a work
200.17 experience placement.
200.18 (e) As a condition of placing a person receiving food
200.19 stamps in a program under this subdivision, the county agency
200.20 shall first provide the recipient the opportunity:
200.21 (1) for placement in suitable subsidized or unsubsidized
200.22 employment through participation in job search under section
200.23 256D.051; or
200.24 (2) for placement in suitable employment through
200.25 participation in on-the-job training, if such employment is
200.26 available.
200.27 (f) The county agency shall limit the maximum monthly
200.28 number of hours that any participant may work in a work
200.29 experience placement to a number equal to the amount of the
200.30 family's monthly food stamp allotment divided by the greater of
200.31 the federal minimum wage or the applicable state minimum wage.
200.32 After a participant has been assigned to a position for nine
200.33 months, the participant may not continue in that assignment
200.34 unless the maximum number of hours a participant works is no
200.35 greater than the amount of the participant's food stamp
200.36 allotment divided by the rate of pay for individuals employed in
201.1 the same or similar occupations by the same employer at the same
201.2 site.
201.3 (g) The participant's employability development plan must
201.4 include the length of time needed in the work experience
201.5 program, the need to continue job seeking activities while
201.6 participating in work experience, and the participant's
201.7 employment goals.
201.8 (h) After each six months of a recipient's participation in
201.9 a work experience job placement, and at the conclusion of each
201.10 work experience assignment under this section, the county agency
201.11 shall reassess and revise, as appropriate, the participant's
201.12 employability development plan.
201.13 (i) A participant may claim good cause under section
201.14 256J.57 for failure to cooperate with a work experience job
201.15 placement.
201.16 (j) A recipient who has failed without good cause to
201.17 participate in or comply with the work experience job placement
201.18 shall be terminated from participation in work experience job
201.19 activities. If the recipient is not exempt from mandatory food
201.20 stamp employment and training program participation under
201.21 section 256D.051, subdivision 3a, the recipient will be assigned
201.22 to other mandatory program activities. If the recipient is
201.23 exempt from mandatory participation but is participating as a
201.24 volunteer, the person shall be terminated from the food stamp
201.25 employment and training program.
201.26 Sec. 35. [256D.0512] [BUDGETING LUMP SUMS.]
201.27 Nonrecurring lump-sum income received by a recipient of
201.28 general assistance must be budgeted in the normal retrospective
201.29 cycle.
201.30 Sec. 36. Minnesota Statutes 1996, section 256D.055, is
201.31 amended to read:
201.32 256D.055 [COUNTY DESIGN; WORK FOCUSED PROGRAM.]
201.33 The commissioner of human services shall issue a request
201.34 for proposals from counties to submit a plan for developing and
201.35 implementing a county-designed program. The plan shall be for
201.36 first-time applicants for aid to families with dependent
202.1 children (AFDC) and family general assistance (FGA) Minnesota
202.2 family investment program-statewide (MFIP-S) and, until January
202.3 1, 1998, aid to families with dependent children (AFDC) and
202.4 family general assistance and must emphasize the importance of
202.5 becoming employed and oriented into the work force in order to
202.6 become self-sufficient. The plan must target public assistance
202.7 applicants who are most likely to become self-sufficient quickly
202.8 with short-term assistance or services such as child care, child
202.9 support enforcement, or employment and training services.
202.10 The plan may include vendor payments, mandatory job search,
202.11 refocusing existing county or provider efforts, or other program
202.12 features. The commissioner may approve a county plan which
202.13 allows a county to use other program funding for the county work
202.14 focus program in a more flexible manner. Nothing in this
202.15 section shall allow payments made to the public assistance
202.16 applicant to be less than the amount the applicant would have
202.17 received if the program had not been implemented, or reduce or
202.18 eliminate a category of eligible participants from the program
202.19 without legislative approval.
202.20 The commissioner shall not approve a county plan that would
202.21 have an adverse impact on the Minnesota family investment plan
202.22 demonstration. If the plan is approved by the commissioner, the
202.23 county may implement the plan. If the plan is approved by the
202.24 commissioner, but a federal waiver is necessary to implement the
202.25 plan, the commissioner shall apply for the necessary federal
202.26 waivers.
202.27 Sec. 37. [256D.057] [SUPPLEMENT FOR CERTAIN DISABLED
202.28 NONCITIZENS.]
202.29 (a) For an assistance unit that contains an adult or a
202.30 minor legal noncitizen who was residing in this state as of
202.31 March 1, 1997, and lost eligibility for the federal Food Stamp
202.32 and Supplemental Security Income programs under the provisions
202.33 of title IV of Public Law Number 104-193, the amount of
202.34 assistance that the unit is eligible for under section 256D.06
202.35 shall be increased by an amount equal to the value of the food
202.36 stamps that the assistance unit would have been eligible for if
203.1 the noncitizen were a citizen, for each legal noncitizen,
203.2 provided the legal adult noncitizen in the assistance unit is:
203.3 (1) enrolled in a literacy class, English as a second
203.4 language class, or a citizenship class;
203.5 (2) applying for admission to a literacy class, English as
203.6 a second language class, or a citizenship class, and is on a
203.7 waiting list;
203.8 (3) in the process of applying for a waiver from the
203.9 Immigration and Naturalization Service of the English language
203.10 or civics requirements of the citizenship test;
203.11 (4) has submitted an application for citizenship to the
203.12 Immigration and Naturalization Service and is waiting for a
203.13 testing date or a subsequent swearing in ceremony; or
203.14 (5) has been denied citizenship due to a failure to pass
203.15 the test after two attempts or because of an inability to
203.16 understand the rights and responsibilities of becoming a United
203.17 States citizen, as documented by the Immigration and
203.18 Naturalization Service or the county.
203.19 (b) For the period from July 1, 1997, to February 28, 1998,
203.20 an assistance unit shall receive a transitional amount of $100
203.21 per month for each legal noncitizen who qualifies for assistance
203.22 under paragraph (a).
203.23 Section 37 is effective July 1, 1997.
203.24 Sec. 38. Minnesota Statutes 1996, section 256D.06,
203.25 subdivision 2, is amended to read:
203.26 Subd. 2. Notwithstanding the provisions of subdivision 1,
203.27 a grant of general assistance shall be made to an eligible
203.28 individual, single adult, married couple, or family for an
203.29 emergency need, as defined in rules promulgated by the
203.30 commissioner, where the recipient requests temporary assistance
203.31 not exceeding 30 days if an emergency situation appears to exist
203.32 and (a) until January 1, 1998, the individual is ineligible for
203.33 the program of emergency assistance under aid to families with
203.34 dependent children and is not a recipient of aid to families
203.35 with dependent children at the time of application hereunder; or
203.36 (b) the individual or family is (i) ineligible for MFIP-S or is
204.1 not a participant of MFIP-S; and (ii) is ineligible for
204.2 emergency assistance under section 256J.48. If an applicant or
204.3 recipient relates facts to the county agency which may be
204.4 sufficient to constitute an emergency situation, the county
204.5 agency shall advise the person of the procedure for applying for
204.6 assistance pursuant according to this subdivision.
204.7 Sec. 39. Minnesota Statutes 1996, section 256D.06,
204.8 subdivision 5, is amended to read:
204.9 Subd. 5. Any applicant, otherwise eligible for general
204.10 assistance and possibly eligible for maintenance benefits from
204.11 any other source shall (a) make application for those benefits
204.12 within 30 days of the general assistance application; and (b)
204.13 execute an interim assistance authorization agreement on a form
204.14 as directed by the commissioner. If found eligible for benefits
204.15 from other sources, and a payment received from another source
204.16 relates to the period during which general assistance was also
204.17 being received, the recipient shall be required to reimburse the
204.18 county agency for the interim assistance paid. Reimbursement
204.19 shall not exceed the amount of general assistance paid during
204.20 the time period to which the other maintenance benefits apply
204.21 and shall not exceed the state standard applicable to that time
204.22 period. The commissioner shall adopt rules authorizing county
204.23 agencies or other client representatives to retain from the
204.24 amount recovered under an interim assistance agreement 25
204.25 percent plus actual reasonable fees, costs, and disbursements of
204.26 appeals and litigation, of providing special assistance to the
204.27 recipient in processing the recipient's claim for maintenance
204.28 benefits from another source. The money retained under this
204.29 section shall be from the state share of the recovery. The
204.30 commissioner or the county agency may contract with qualified
204.31 persons to provide the special assistance. The rules adopted by
204.32 the commissioner shall include the methods by which county
204.33 agencies shall identify, refer, and assist recipients who may be
204.34 eligible for benefits under federal programs for the disabled.
204.35 This subdivision does not require repayment of per diem payments
204.36 made to shelters for battered women pursuant to section 256D.05,
205.1 subdivision 3.
205.2 Sec. 40. [256D.066] [INTERSTATE PAYMENT STANDARDS.]
205.3 (a) Effective July 1, 1997, the amount of assistance paid
205.4 to an eligible assistance unit in which all members have resided
205.5 in this state for less than 12 calendar months shall be the
205.6 lesser of either the payment standard that would have been
205.7 received by the assistance unit from the state of immediate
205.8 prior residence, or the amount calculated in accordance with
205.9 this chapter. The lesser payment shall continue until the
205.10 assistance unit meets the 12-month requirement. Payment shall
205.11 be calculated by applying this state's budgeting policies and
205.12 the unit's net income shall be deducted from the payment
205.13 standard in the other state or in this state, whichever is
205.14 lower. At county option, payment shall be made in vendor form
205.15 for rent and utilities, up to the limit of the grant amount, and
205.16 residual amounts, if any, shall be paid directly to the
205.17 assistance unit.
205.18 (b) During the first 12 months an assistance unit resides
205.19 in this state, the number of months that the unit is eligible to
205.20 receive general assistance benefits is limited to the number of
205.21 months the unit would have been eligible to receive similar
205.22 benefits in the state of immediate prior residence.
205.23 (c) This policy applies whether or not the unit received
205.24 similar benefits while residing in the state of previous
205.25 residence.
205.26 (d) When a unit moves to this state from another state
205.27 where the unit has exhausted that state's time limit for
205.28 receiving similar benefits, the unit will not be eligible to
205.29 receive any general assistance benefits in this state for 12
205.30 months from the date the unit moves here.
205.31 (e) For the purposes of this subdivision, "state of
205.32 immediate prior residence" means:
205.33 (i) the state in which the applicant declares the applicant
205.34 spent the most time in the 30 days prior to moving to this
205.35 state; or
205.36 (ii) the applicant is in the migrant work stream and the
206.1 applicant maintains a home in another state.
206.2 Sec. 41. Minnesota Statutes 1996, section 256D.08,
206.3 subdivision 1, is amended to read:
206.4 Subdivision 1. In determining eligibility of a family,
206.5 married couple, or individual there shall be excluded an
206.6 assistance unit, the following resources shall be excluded:
206.7 (1) real or personal property or liquid assets which do not
206.8 exceed those permitted under the federally aided assistance
206.9 program known as aid to families with dependent children $1,000;
206.10 and
206.11 (2) other property which has been determined, in accordance
206.12 with and subject according to limitations contained in rules
206.13 promulgated by the commissioner, to be essential to the family
206.14 or individual the assistance unit as a means of self-support or
206.15 self-care or which is producing income that is being used for
206.16 the support of the individual or family assistance unit. The
206.17 commissioner shall further provide by rule the conditions for
206.18 those situations in which property not excluded under this
206.19 subdivision may be retained by the family or individual
206.20 assistance unit where there is a reasonable probability that in
206.21 the foreseeable future the property will be used for the
206.22 self-support of the individual or family assistance unit; and
206.23 (3) payments, made pursuant according to litigation and
206.24 subsequent appropriation by the United States Congress, of funds
206.25 to compensate members of Indian tribes for the taking of tribal
206.26 land by the federal government.
206.27 Sec. 42. Minnesota Statutes 1996, section 256D.08,
206.28 subdivision 2, is amended to read:
206.29 Subd. 2. Notwithstanding any other provision of sections
206.30 256D.01 to 256D.21, the commissioner shall provide by rule for
206.31 the exclusion of property from the determination of eligibility
206.32 for general assistance when it appears likely that the need for
206.33 general assistance will not exceed 30 days or an undue hardship
206.34 would be imposed on an individual or family an assistance unit
206.35 by the forced disposal of the property.
206.36 Sec. 43. Minnesota Statutes 1996, section 256D.09, is
207.1 amended by adding a subdivision to read:
207.2 Subd. 2b. If at any time there is verification that the
207.3 client's disability is dependent upon their continued drug
207.4 addiction or alcoholism, general assistance for rent and
207.5 utilities must be made in the form of vendor payments.
207.6 Verification of drug addiction or alcoholism can be
207.7 received from:
207.8 (1) denial of social security benefits based on drug
207.9 addiction or alcoholism;
207.10 (2) a statement from the state medical review team that the
207.11 person's disability is dependent upon continued drug addiction
207.12 or alcoholism; or
207.13 (3) a doctor's statement that the person's disability is
207.14 dependent upon continued drug addiction or alcoholism.
207.15 Sec. 44. Minnesota Statutes 1996, section 256D.435,
207.16 subdivision 3, is amended to read:
207.17 Subd. 3. [APPLICATION FOR FEDERALLY FUNDED BENEFITS.]
207.18 Persons who live with the applicant or recipient, who have unmet
207.19 needs and for whom the applicant or recipient has financial
207.20 responsibility, must apply for and, if eligible, accept AFDC and
207.21 other any federally funded benefits, including MFIP-S.
207.22 Sec. 45. Minnesota Statutes 1996, section 256D.44,
207.23 subdivision 5, is amended to read:
207.24 Subd. 5. [SPECIAL NEEDS.] In addition to the state
207.25 standards of assistance established in subdivisions 1 to 4,
207.26 payments are allowed for the following special needs of
207.27 recipients of Minnesota supplemental aid who are not residents
207.28 of a nursing home, a regional treatment center, or a group
207.29 residential housing facility:.
207.30 (a) The county agency shall pay a monthly allowance for
207.31 medically prescribed diets payable under the AFDC program or
207.32 Minnesota family investment program-statewide if the cost of
207.33 those additional dietary needs cannot be met through some other
207.34 maintenance benefit.
207.35 (b) Payment for nonrecurring special needs must be allowed
207.36 for necessary home repairs or necessary repairs or replacement
208.1 of household furniture and appliances using the payment standard
208.2 of the AFDC program in effect on July 16, 1996, for these
208.3 expenses, as long as other funding sources are not available.
208.4 (c) A fee for guardian or conservator service is allowed at
208.5 a reasonable rate negotiated by the county or approved by the
208.6 court. This rate shall not exceed five percent of the
208.7 assistance unit's gross monthly income up to a maximum of $100
208.8 per month. If the guardian or conservator is a member of the
208.9 county agency staff, no fee is allowed.
208.10 (d) The county agency shall continue to pay a monthly
208.11 allowance of $68 for restaurant meals for a person who was
208.12 receiving a restaurant meal allowance on June 1, 1990, and who
208.13 eats two or more meals in a restaurant daily. The allowance
208.14 must continue until the person has not received Minnesota
208.15 supplemental aid for one full calendar month or until the
208.16 person's living arrangement changes and the person no longer
208.17 meets the criteria for the restaurant meal allowance, whichever
208.18 occurs first.
208.19 (e) A fee of ten percent of the recipient's gross income or
208.20 $25, whichever is less, is allowed for representative payee
208.21 services provided by an agency that meets the requirements under
208.22 SSI regulations to charge a fee for representative payee
208.23 services. This special need is available to all recipients of
208.24 Minnesota supplemental aid regardless of their living
208.25 arrangement.
208.26 Sec. 46. Minnesota Statutes 1996, section 259.67,
208.27 subdivision 4, is amended to read:
208.28 Subd. 4. [ELIGIBILITY CONDITIONS.] (a) The placing agency
208.29 shall determine use the AFDC requirements in effect on as
208.30 specified in federal law , when determining the child's
208.31 eligibility for adoption assistance under title IV-E of the
208.32 Social Security Act. If the child does not qualify, the placing
208.33 agency shall certify a child as eligible for state funded
208.34 adoption assistance only if the following criteria are met:
208.35 (1) Due to the child's characteristics or circumstances it
208.36 would be difficult to provide the child an adoptive home without
209.1 adoption assistance.
209.2 (2)(i) A placement agency has made reasonable efforts to
209.3 place the child for adoption without adoption assistance, but
209.4 has been unsuccessful; or
209.5 (ii) the child's licensed foster parents desire to adopt
209.6 the child and it is determined by the placing agency that the
209.7 adoption is in the best interest of the child.
209.8 (3) The child has been a ward of the commissioner or a
209.9 Minnesota-licensed child-placing agency.
209.10 (b) For purposes of this subdivision, the characteristics
209.11 or circumstances that may be considered in determining whether a
209.12 child is a child with special needs under United States Code,
209.13 title 42, chapter 7, subchapter IV, part E, or meets the
209.14 requirements of paragraph (a), clause (1), are the following:
209.15 (1) The child is a member of a sibling group to be placed
209.16 as one unit in which at least one sibling is older than 15
209.17 months of age or is described in clause (2) or (3).
209.18 (2) The child has documented physical, mental, emotional,
209.19 or behavioral disabilities.
209.20 (3) The child has a high risk of developing physical,
209.21 mental, emotional, or behavioral disabilities.
209.22 (c) When a child's eligibility for adoption assistance is
209.23 based upon the high risk of developing physical, mental,
209.24 emotional, or behavioral disabilities, payments shall not be
209.25 made under the adoption assistance agreement unless and until
209.26 the potential disability manifests itself as documented by an
209.27 appropriate health care professional.
209.28 Sec. 47. [TRANSFER OF RESPONSIBILITIES FOR PROVIDING
209.29 SECURE CRISIS SHELTER.]
209.30 All of the powers, duties, and functions of the
209.31 commissioner of human services relating to the operation and
209.32 funding of shelters for battered women are transferred to the
209.33 commissioner of corrections in accordance with Minnesota
209.34 Statutes, section 15.039, except for personnel transfers under
209.35 section 15.039, subdivision 7.
209.36 Sec. 48. [FINDINGS; CONTINGENT BENEFIT STANDARDS.]
210.1 The legislature makes the following findings:
210.2 (a) The legislature is statutorily required to balance the
210.3 state budget.
210.4 (b) The task of balancing the state budget is made
210.5 difficult in the area of the new federal welfare reform program
210.6 for the needy due to the dramatic change in program design that
210.7 this state and all other states must experience, rendering
210.8 historical data on client behavior, interstate migration, and
210.9 welfare spending patterns of dubious value.
210.10 (c) Many states have more restrictive or nonexistent state
210.11 welfare programs to aid needy individuals without children.
210.12 (d) Within the state's limited resources, the legislature
210.13 wishes to manage funds appropriated under this part to best
210.14 provide for needy Minnesotans.
210.15 (e) To that end, the legislature has adopted a policy in
210.16 Minnesota Statutes, section 256D.066, of providing households of
210.17 needy individuals or couples without children in which no
210.18 mandatory member has resided in Minnesota for the previous 12
210.19 months a benefit based on the grant the household would have
210.20 received had it applied for benefits in its previous state of
210.21 residence.
210.22 (f) Therefore, if the policy designed to make welfare
210.23 benefits a neutral factor in the decision to move to Minnesota
210.24 and to best manage the benefit appropriation for needy
210.25 Minnesotans, while providing a safety net for recent interstate
210.26 migrants, is enjoined or otherwise prevented from being
210.27 implemented, the commissioner shall ratably reduce the benefit
210.28 standards for all assistance units, from the standards in
210.29 Minnesota Statutes, section 256D.01, but only in an amount
210.30 sufficient to remain within the forecasted budgets for those
210.31 programs. In the event the commissioner is required to ratably
210.32 reduce benefits under this section, the commissioner shall
210.33 notify the fiscal and policy chairs of the house and senate
210.34 human services committees that the reductions have taken place
210.35 and shall formulate a plan to be presented to the next
210.36 legislative session.
211.1 At county option, these benefits shall be paid in vendor
211.2 form for rent and utilities, up to the limit of the grant
211.3 amount. The residual amount, if any, shall be paid directly to
211.4 the assistance unit.
211.5 Sec. 49. [REPEALER.]
211.6 Minnesota Statutes 1996, sections 256.8711; 256D.02,
211.7 subdivision 5; 256D.0511; and 256D.065 are repealed.
211.8 Sec. 50. [EFFECTIVE DATES.]
211.9 Sections 21, 22, and 25 are effective January 1, 1998.
211.10 ARTICLE 4
211.11 TECHNICAL CHANGES; CROSS REFERENCES
211.12 Section 1. Minnesota Statutes 1996, section 13.46,
211.13 subdivision 1, is amended to read:
211.14 Subdivision 1. [DEFINITIONS.] As used in this section:
211.15 (a) "Individual" means an individual pursuant according to
211.16 section 13.02, subdivision 8, but does not include a vendor of
211.17 services.
211.18 (b) "Program" includes all programs for which authority is
211.19 vested in a component of the welfare system pursuant according
211.20 to statute or federal law, including, but not limited to, aid to
211.21 families with dependent children, Minnesota family investment
211.22 program-statewide, medical assistance, general assistance, work
211.23 readiness, general assistance medical care, and child support
211.24 collections.
211.25 (c) "Welfare system" includes the department of human
211.26 services, local social services agencies, county welfare
211.27 agencies, the public authority responsible for child support
211.28 enforcement, human services boards, community mental health
211.29 center boards, state hospitals, state nursing homes, the
211.30 ombudsman for mental health and mental retardation, and persons,
211.31 agencies, institutions, organizations, and other entities under
211.32 contract to any of the above agencies to the extent specified in
211.33 the contract.
211.34 (d) "Mental health data" means data on individual clients
211.35 and patients of community mental health centers, established
211.36 under section 245.62, mental health divisions of counties and
212.1 other providers under contract to deliver mental health
212.2 services, or the ombudsman for mental health and mental
212.3 retardation.
212.4 (e) "Fugitive felon" means a person who has been convicted
212.5 of a felony and who has escaped from confinement or violated the
212.6 terms of probation or parole for that offense.
212.7 Sec. 2. Minnesota Statutes 1996, section 13.46,
212.8 subdivision 2, is amended to read:
212.9 Subd. 2. [GENERAL.] (a) Unless the data is summary data or
212.10 a statute specifically provides a different classification, data
212.11 on individuals collected, maintained, used, or disseminated by
212.12 the welfare system is private data on individuals, and shall not
212.13 be disclosed except:
212.14 (1) pursuant according to section 13.05;
212.15 (2) pursuant according to court order;
212.16 (3) pursuant according to a statute specifically
212.17 authorizing access to the private data;
212.18 (4) to an agent of the welfare system, including a law
212.19 enforcement person, attorney, or investigator acting for it in
212.20 the investigation or prosecution of a criminal or civil
212.21 proceeding relating to the administration of a program;
212.22 (5) to personnel of the welfare system who require the data
212.23 to determine eligibility, amount of assistance, and the need to
212.24 provide services of additional programs to the individual;
212.25 (6) to administer federal funds or programs;
212.26 (7) between personnel of the welfare system working in the
212.27 same program;
212.28 (8) the amounts of cash public assistance and relief paid
212.29 to welfare recipients in this state, including their names,
212.30 social security numbers, income, addresses, and other data as
212.31 required, upon request by the department of revenue to
212.32 administer the property tax refund law, supplemental housing
212.33 allowance, early refund of refundable tax credits, and the
212.34 income tax. "Refundable tax credits" means the dependent care
212.35 credit under section 290.067, the Minnesota working family
212.36 credit under section 290.0671, the property tax refund under
213.1 section 290A.04, and, if the required federal waiver or waivers
213.2 are granted, the federal earned income tax credit under section
213.3 32 of the Internal Revenue Code;
213.4 (9) to the Minnesota department of economic security for
213.5 the purpose of monitoring the eligibility of the data subject
213.6 for reemployment insurance, for any employment or training
213.7 program administered, supervised, or certified by that agency,
213.8 or for the purpose of administering any rehabilitation program,
213.9 whether alone or in conjunction with the welfare system, and to
213.10 verify receipt of energy assistance for the telephone assistance
213.11 plan;
213.12 (10) to appropriate parties in connection with an emergency
213.13 if knowledge of the information is necessary to protect the
213.14 health or safety of the individual or other individuals or
213.15 persons;
213.16 (11) data maintained by residential programs as defined in
213.17 section 245A.02 may be disclosed to the protection and advocacy
213.18 system established in this state pursuant according to Part C of
213.19 Public Law Number 98-527 to protect the legal and human rights
213.20 of persons with mental retardation or other related conditions
213.21 who live in residential facilities for these persons if the
213.22 protection and advocacy system receives a complaint by or on
213.23 behalf of that person and the person does not have a legal
213.24 guardian or the state or a designee of the state is the legal
213.25 guardian of the person;
213.26 (12) to the county medical examiner or the county coroner
213.27 for identifying or locating relatives or friends of a deceased
213.28 person;
213.29 (13) data on a child support obligor who makes payments to
213.30 the public agency may be disclosed to the higher education
213.31 services office to the extent necessary to determine eligibility
213.32 under section 136A.121, subdivision 2, clause (5);
213.33 (14) participant social security numbers and names
213.34 collected by the telephone assistance program may be disclosed
213.35 to the department of revenue to conduct an electronic data match
213.36 with the property tax refund database to determine eligibility
214.1 under section 237.70, subdivision 4a;
214.2 (15) the current address of a recipient of aid to families
214.3 with dependent children or Minnesota family investment
214.4 program-statewide may be disclosed to law enforcement officers
214.5 who provide the name and social security number of the recipient
214.6 and satisfactorily demonstrate that: (i) the recipient is a
214.7 fugitive felon, including the grounds for this determination;
214.8 (ii) the location or apprehension of the felon is within the law
214.9 enforcement officer's official duties; and (iii) the request is
214.10 made in writing and in the proper exercise of those duties;
214.11 (16) the current address of a recipient of general
214.12 assistance, work readiness, or general assistance medical care
214.13 may be disclosed to probation officers and corrections agents
214.14 who are supervising the recipient, and to law enforcement
214.15 officers who are investigating the recipient in connection with
214.16 a felony level offense;
214.17 (17) information obtained from food stamp applicant or
214.18 recipient households may be disclosed to local, state, or
214.19 federal law enforcement officials, upon their written request,
214.20 for the purpose of investigating an alleged violation of the
214.21 food stamp act, in accordance with according to Code of Federal
214.22 Regulations, title 7, section 272.1(c);
214.23 (18) data on a child support obligor who is in arrears may
214.24 be disclosed for purposes of publishing the data pursuant
214.25 according to section 518.575;
214.26 (19) data on child support payments made by a child support
214.27 obligor may be disclosed to the obligee;
214.28 (20) data in the work reporting system may be disclosed
214.29 under section 256.998, subdivision 7;
214.30 (21) to the department of children, families, and learning
214.31 for the purpose of matching department of children, families,
214.32 and learning student data with public assistance data to
214.33 determine students eligible for free and reduced price meals,
214.34 meal supplements, and free milk pursuant according to United
214.35 States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772,
214.36 and 1773; to produce accurate numbers of students receiving aid
215.1 to families with dependent children or Minnesota family
215.2 investment program-statewide as required by section 124.175; and
215.3 to allocate federal and state funds that are distributed based
215.4 on income of the student's family; or
215.5 (22) the current address and telephone number of program
215.6 recipients and emergency contacts may be released to the
215.7 commissioner of health or a local board of health as defined in
215.8 section 145A.02, subdivision 2, when the commissioner or local
215.9 board of health has reason to believe that a program recipient
215.10 is a disease case, carrier, suspect case, or at risk of illness,
215.11 and the data are necessary to locate the person.
215.12 (b) Information on persons who have been treated for drug
215.13 or alcohol abuse may only be disclosed in accordance with
215.14 according to the requirements of Code of Federal Regulations,
215.15 title 42, sections 2.1 to 2.67.
215.16 (c) Data provided to law enforcement agencies under
215.17 paragraph (a), clause (15), (16), or (17), or paragraph (b), are
215.18 investigative data and are confidential or protected nonpublic
215.19 while the investigation is active. The data are private after
215.20 the investigation becomes inactive under section 13.82,
215.21 subdivision 5, paragraph (a) or (b).
215.22 (d) Mental health data shall be treated as provided in
215.23 subdivisions 7, 8, and 9, but is not subject to the access
215.24 provisions of subdivision 10, paragraph (b).
215.25 Sec. 3. Minnesota Statutes 1996, section 84.98,
215.26 subdivision 3, is amended to read:
215.27 Subd. 3. [CRITERIA FOR DETERMINING ECONOMIC, SOCIAL,
215.28 PHYSICAL, OR EDUCATIONAL DISADVANTAGE.] (a) The criteria for
215.29 determining economic, social, physical, or educational
215.30 disadvantage shall be determined as provided in this subdivision.
215.31 (b) Economically disadvantaged are persons who meet the
215.32 criteria for disadvantaged established by the department of
215.33 economic security or persons receiving services provided by the
215.34 department of human services such as welfare payments, food
215.35 stamps, and aid to families with dependent children or Minnesota
215.36 family investment program-statewide.
216.1 (c) Socially disadvantaged are persons who have been
216.2 classified as persons in need of supervision by the court system.
216.3 (d) Physically disadvantaged are persons who have been
216.4 identified as having special needs by public agencies that deal
216.5 with employment for the disabled.
216.6 (e) Educationally disadvantaged are persons who have
216.7 dropped out of school or are at risk of dropping out of school
216.8 and persons with learning disabilities or in need of special
216.9 education classes.
216.10 Sec. 4. Minnesota Statutes 1996, section 136A.125,
216.11 subdivision 2, is amended to read:
216.12 Subd. 2. [ELIGIBLE STUDENTS.] An applicant is eligible for
216.13 a child care grant if the applicant:
216.14 (1) is a resident of the state of Minnesota;
216.15 (2) has a child 12 years of age or younger, or 14 years of
216.16 age or younger who is handicapped as defined in section 120.03,
216.17 and who is receiving or will receive care on a regular basis
216.18 from a licensed or legal, nonlicensed caregiver;
216.19 (3) is income eligible as determined by the office's
216.20 policies and rules, but is not a recipient of assistance from
216.21 either aid to families with dependent children or Minnesota
216.22 family investment program-statewide;
216.23 (4) has not earned a baccalaureate degree and has been
216.24 enrolled full time less than eight semesters, 12 quarters, or
216.25 the equivalent;
216.26 (5) is pursuing a nonsectarian program or course of study
216.27 that applies to an undergraduate degree, diploma, or
216.28 certificate;
216.29 (6) is enrolled at least half time in an eligible
216.30 institution; and
216.31 (7) is in good academic standing and making satisfactory
216.32 academic progress.
216.33 Sec. 5. Minnesota Statutes 1996, section 196.27, is
216.34 amended to read:
216.35 196.27 [AGENT ORANGE SETTLEMENT PAYMENTS.]
216.36 (a) Payments received by veterans or their dependents
217.1 because of settlements between them and the manufacturers of
217.2 Agent Orange or other chemical agents, as defined in section
217.3 196.21, must not be treated as income (or an available resource)
217.4 of the veterans or their dependents for the purposes of any
217.5 program of public assistance or benefit program administered by
217.6 the department of veterans affairs, the department of human
217.7 services, or other agencies of the state or political
217.8 subdivisions of the state, except as provided in paragraph (b).
217.9 (b) The income and resource exclusion in paragraph (a) does
217.10 not apply to the medical assistance, food stamps, or aid to
217.11 families with dependent children or Minnesota family investment
217.12 program-statewide programs until the commissioner of human
217.13 services receives formal approval from the United States
217.14 Department of Health and Human Services, for the medical
217.15 assistance and, aid to families with dependent children or
217.16 Minnesota family investment program-statewide programs, and from
217.17 the United States Department of Agriculture, for the food stamps
217.18 program. The income exclusion does not apply to the Minnesota
217.19 supplemental aid program until the commissioner receives formal
217.20 federal approval of the exclusion for the medical assistance
217.21 program.
217.22 Sec. 6. Minnesota Statutes 1996, section 237.70,
217.23 subdivision 4a, is amended to read:
217.24 Subd. 4a. [HOUSEHOLDS ELIGIBLE FOR CREDITS.] The telephone
217.25 assistance plan must provide telephone assistance credit for a
217.26 residential household in Minnesota that meets each of the
217.27 following criteria:
217.28 (1) has a household member who:
217.29 (i) subscribes to local exchange service; and
217.30 (ii) is either disabled or 65 years of age or older;
217.31 (2) whose household income is 150 percent or less of
217.32 federal poverty guidelines or is currently eligible for:
217.33 (i) aid to families with dependent children or Minnesota
217.34 family investment program-statewide;
217.35 (ii) medical assistance;
217.36 (iii) general assistance;
218.1 (iv) Minnesota supplemental aid;
218.2 (v) food stamps;
218.3 (vi) refugee cash assistance or refugee medical assistance;
218.4 (vii) energy assistance; or
218.5 (viii) supplemental security income; and
218.6 (3) who has been certified as eligible for telephone
218.7 assistance plan credits.
218.8 Sec. 7. Minnesota Statutes 1996, section 254B.02,
218.9 subdivision 1, is amended to read:
218.10 Subdivision 1. [CHEMICAL DEPENDENCY TREATMENT ALLOCATION.]
218.11 The chemical dependency funds appropriated for allocation shall
218.12 be placed in a special revenue account. For the fiscal year
218.13 beginning July 1, 1987, funds shall be transferred to operate
218.14 the vendor payment, invoice processing, and collections system
218.15 for one year. The commissioner shall annually transfer funds
218.16 from the chemical dependency fund to pay for operation of the
218.17 drug and alcohol abuse normative evaluation system and to pay
218.18 for all costs incurred by adding two positions for licensing of
218.19 chemical dependency treatment and rehabilitation programs
218.20 located in hospitals for which funds are not otherwise
218.21 appropriated. The commissioner shall annually divide the money
218.22 available in the chemical dependency fund that is not held in
218.23 reserve by counties from a previous allocation. Twelve percent
218.24 of the remaining money must be reserved for treatment of
218.25 American Indians by eligible vendors under section 254B.05. The
218.26 remainder of the money must be allocated among the counties
218.27 according to the following formula, using state demographer data
218.28 and other data sources determined by the commissioner:
218.29 (a) For purposes of this formula, American Indians and
218.30 children under age 14 are subtracted from the population of each
218.31 county to determine the restricted population.
218.32 (b) The amount of chemical dependency fund expenditures for
218.33 entitled persons for services not covered by prepaid plans
218.34 governed by section 256B.69 in the previous year is divided by
218.35 the amount of chemical dependency fund expenditures for entitled
218.36 persons for all services to determine the proportion of exempt
219.1 service expenditures for each county.
219.2 (c) The prepaid plan months of eligibility is multiplied by
219.3 the proportion of exempt service expenditures to determine the
219.4 adjusted prepaid plan months of eligibility for each county.
219.5 (d) The adjusted prepaid plan months of eligibility is
219.6 added to the number of restricted population fee for service
219.7 months of eligibility for aid to families with dependent
219.8 children, Minnesota family investment program-statewide, general
219.9 assistance, and medical assistance and divided by the county
219.10 restricted population to determine county per capita months of
219.11 covered service eligibility.
219.12 (e) The number of adjusted prepaid plan months of
219.13 eligibility for the state is added to the number of fee for
219.14 service months of eligibility for aid to families with dependent
219.15 children, Minnesota family investment program-statewide, general
219.16 assistance, and medical assistance for the state restricted
219.17 population and divided by the state restricted population to
219.18 determine state per capita months of covered service eligibility.
219.19 (f) The county per capita months of covered service
219.20 eligibility is divided by the state per capita months of covered
219.21 service eligibility to determine the county welfare caseload
219.22 factor.
219.23 (g) The median married couple income for the most recent
219.24 three-year period available for the state is divided by the
219.25 median married couple income for the same period for each county
219.26 to determine the income factor for each county.
219.27 (h) The county restricted population is multiplied by the
219.28 sum of the county welfare caseload factor and the county income
219.29 factor to determine the adjusted population.
219.30 (i) $15,000 shall be allocated to each county.
219.31 (j) The remaining funds shall be allocated proportional to
219.32 the county adjusted population.
219.33 Sec. 8. Minnesota Statutes 1996, section 256.01,
219.34 subdivision 2, is amended to read:
219.35 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
219.36 section 241.021, subdivision 2, the commissioner of human
220.1 services shall:
220.2 (1) Administer and supervise all forms of public assistance
220.3 provided for by state law and other welfare activities or
220.4 services as are vested in the commissioner. Administration and
220.5 supervision of human services activities or services includes,
220.6 but is not limited to, assuring timely and accurate distribution
220.7 of benefits, completeness of service, and quality program
220.8 management. In addition to administering and supervising human
220.9 services activities vested by law in the department, the
220.10 commissioner shall have the authority to:
220.11 (a) require county agency participation in training and
220.12 technical assistance programs to promote compliance with
220.13 statutes, rules, federal laws, regulations, and policies
220.14 governing human services;
220.15 (b) monitor, on an ongoing basis, the performance of county
220.16 agencies in the operation and administration of human services,
220.17 enforce compliance with statutes, rules, federal laws,
220.18 regulations, and policies governing welfare services and promote
220.19 excellence of administration and program operation;
220.20 (c) develop a quality control program or other monitoring
220.21 program to review county performance and accuracy of benefit
220.22 determinations;
220.23 (d) require county agencies to make an adjustment to the
220.24 public assistance benefits issued to any individual consistent
220.25 with federal law and regulation and state law and rule and to
220.26 issue or recover benefits as appropriate;
220.27 (e) delay or deny payment of all or part of the state and
220.28 federal share of benefits and administrative reimbursement
220.29 according to the procedures set forth in section 256.017; and
220.30 (f) make contracts with and grants to public and private
220.31 agencies and organizations, both profit and nonprofit, and
220.32 individuals, using appropriated funds.
220.33 (2) Inform county agencies, on a timely basis, of changes
220.34 in statute, rule, federal law, regulation, and policy necessary
220.35 to county agency administration of the programs.
220.36 (3) Administer and supervise all child welfare activities;
221.1 promote the enforcement of laws protecting handicapped,
221.2 dependent, neglected and delinquent children, and children born
221.3 to mothers who were not married to the children's fathers at the
221.4 times of the conception nor at the births of the children;
221.5 license and supervise child-caring and child-placing agencies
221.6 and institutions; supervise the care of children in boarding and
221.7 foster homes or in private institutions; and generally perform
221.8 all functions relating to the field of child welfare now vested
221.9 in the state board of control.
221.10 (4) Administer and supervise all noninstitutional service
221.11 to handicapped persons, including those who are visually
221.12 impaired, hearing impaired, or physically impaired or otherwise
221.13 handicapped. The commissioner may provide and contract for the
221.14 care and treatment of qualified indigent children in facilities
221.15 other than those located and available at state hospitals when
221.16 it is not feasible to provide the service in state hospitals.
221.17 (5) Assist and actively cooperate with other departments,
221.18 agencies and institutions, local, state, and federal, by
221.19 performing services in conformity with the purposes of Laws
221.20 1939, chapter 431.
221.21 (6) Act as the agent of and cooperate with the federal
221.22 government in matters of mutual concern relative to and in
221.23 conformity with the provisions of Laws 1939, chapter 431,
221.24 including the administration of any federal funds granted to the
221.25 state to aid in the performance of any functions of the
221.26 commissioner as specified in Laws 1939, chapter 431, and
221.27 including the promulgation of rules making uniformly available
221.28 medical care benefits to all recipients of public assistance, at
221.29 such times as the federal government increases its participation
221.30 in assistance expenditures for medical care to recipients of
221.31 public assistance, the cost thereof to be borne in the same
221.32 proportion as are grants of aid to said recipients.
221.33 (7) Establish and maintain any administrative units
221.34 reasonably necessary for the performance of administrative
221.35 functions common to all divisions of the department.
221.36 (8) Act as designated guardian of both the estate and the
222.1 person of all the wards of the state of Minnesota, whether by
222.2 operation of law or by an order of court, without any further
222.3 act or proceeding whatever, except as to persons committed as
222.4 mentally retarded.
222.5 (9) Act as coordinating referral and informational center
222.6 on requests for service for newly arrived immigrants coming to
222.7 Minnesota.
222.8 (10) The specific enumeration of powers and duties as
222.9 hereinabove set forth shall in no way be construed to be a
222.10 limitation upon the general transfer of powers herein contained.
222.11 (11) Establish county, regional, or statewide schedules of
222.12 maximum fees and charges which may be paid by county agencies
222.13 for medical, dental, surgical, hospital, nursing and nursing
222.14 home care and medicine and medical supplies under all programs
222.15 of medical care provided by the state and for congregate living
222.16 care under the income maintenance programs.
222.17 (12) Have the authority to conduct and administer
222.18 experimental projects to test methods and procedures of
222.19 administering assistance and services to recipients or potential
222.20 recipients of public welfare. To carry out such experimental
222.21 projects, it is further provided that the commissioner of human
222.22 services is authorized to waive the enforcement of existing
222.23 specific statutory program requirements, rules, and standards in
222.24 one or more counties. The order establishing the waiver shall
222.25 provide alternative methods and procedures of administration,
222.26 shall not be in conflict with the basic purposes, coverage, or
222.27 benefits provided by law, and in no event shall the duration of
222.28 a project exceed four years. It is further provided that no
222.29 order establishing an experimental project as authorized by the
222.30 provisions of this section shall become effective until the
222.31 following conditions have been met:
222.32 (a) The proposed comprehensive plan, including estimated
222.33 project costs and the proposed order establishing the waiver,
222.34 shall be filed with the secretary of the senate and chief clerk
222.35 of the house of representatives at least 60 days prior to its
222.36 effective date.
223.1 (b) The secretary of health, education, and welfare of the
223.2 United States has agreed, for the same project, to waive state
223.3 plan requirements relative to statewide uniformity.
223.4 (c) A comprehensive plan, including estimated project
223.5 costs, shall be approved by the legislative advisory commission
223.6 and filed with the commissioner of administration.
223.7 (13) In accordance with According to federal requirements,
223.8 establish procedures to be followed by local welfare boards in
223.9 creating citizen advisory committees, including procedures for
223.10 selection of committee members.
223.11 (14) Allocate federal fiscal disallowances or sanctions
223.12 which are based on quality control error rates for the aid to
223.13 families with dependent children, Minnesota family investment
223.14 program-statewide, medical assistance, or food stamp program in
223.15 the following manner:
223.16 (a) One-half of the total amount of the disallowance shall
223.17 be borne by the county boards responsible for administering the
223.18 programs. For the medical assistance and, AFDC, and MFIP-S
223.19 programs, disallowances shall be shared by each county board in
223.20 the same proportion as that county's expenditures for the
223.21 sanctioned program are to the total of all counties'
223.22 expenditures for the AFDC, MFIP-S and medical assistance
223.23 programs. For the food stamp program, sanctions shall be shared
223.24 by each county board, with 50 percent of the sanction being
223.25 distributed to each county in the same proportion as that
223.26 county's administrative costs for food stamps are to the total
223.27 of all food stamp administrative costs for all counties, and 50
223.28 percent of the sanctions being distributed to each county in the
223.29 same proportion as that county's value of food stamp benefits
223.30 issued are to the total of all benefits issued for all
223.31 counties. Each county shall pay its share of the disallowance
223.32 to the state of Minnesota. When a county fails to pay the
223.33 amount due hereunder, the commissioner may deduct the amount
223.34 from reimbursement otherwise due the county, or the attorney
223.35 general, upon the request of the commissioner, may institute
223.36 civil action to recover the amount due.
224.1 (b) Notwithstanding the provisions of paragraph (a), if the
224.2 disallowance results from knowing noncompliance by one or more
224.3 counties with a specific program instruction, and that knowing
224.4 noncompliance is a matter of official county board record, the
224.5 commissioner may require payment or recover from the county or
224.6 counties, in the manner prescribed in paragraph (a), an amount
224.7 equal to the portion of the total disallowance which resulted
224.8 from the noncompliance, and may distribute the balance of the
224.9 disallowance according to paragraph (a).
224.10 (15) Develop and implement special projects that maximize
224.11 reimbursements and result in the recovery of money to the
224.12 state. For the purpose of recovering state money, the
224.13 commissioner may enter into contracts with third parties. Any
224.14 recoveries that result from projects or contracts entered into
224.15 under this paragraph shall be deposited in the state treasury
224.16 and credited to a special account until the balance in the
224.17 account reaches $1,000,000. When the balance in the account
224.18 exceeds $1,000,000, the excess shall be transferred and credited
224.19 to the general fund. All money in the account is appropriated
224.20 to the commissioner for the purposes of this paragraph.
224.21 (16) Have the authority to make direct payments to
224.22 facilities providing shelter to women and their children
224.23 pursuant according to section 256D.05, subdivision 3. Upon the
224.24 written request of a shelter facility that has been denied
224.25 payments under section 256D.05, subdivision 3, the commissioner
224.26 shall review all relevant evidence and make a determination
224.27 within 30 days of the request for review regarding issuance of
224.28 direct payments to the shelter facility. Failure to act within
224.29 30 days shall be considered a determination not to issue direct
224.30 payments.
224.31 (17) Have the authority to establish and enforce the
224.32 following county reporting requirements:
224.33 (a) The commissioner shall establish fiscal and statistical
224.34 reporting requirements necessary to account for the expenditure
224.35 of funds allocated to counties for human services programs.
224.36 When establishing financial and statistical reporting
225.1 requirements, the commissioner shall evaluate all reports, in
225.2 consultation with the counties, to determine if the reports can
225.3 be simplified or the number of reports can be reduced.
225.4 (b) The county board shall submit monthly or quarterly
225.5 reports to the department as required by the commissioner.
225.6 Monthly reports are due no later than 15 working days after the
225.7 end of the month. Quarterly reports are due no later than 30
225.8 calendar days after the end of the quarter, unless the
225.9 commissioner determines that the deadline must be shortened to
225.10 20 calendar days to avoid jeopardizing compliance with federal
225.11 deadlines or risking a loss of federal funding. Only reports
225.12 that are complete, legible, and in the required format shall be
225.13 accepted by the commissioner.
225.14 (c) If the required reports are not received by the
225.15 deadlines established in clause (b), the commissioner may delay
225.16 payments and withhold funds from the county board until the next
225.17 reporting period. When the report is needed to account for the
225.18 use of federal funds and the late report results in a reduction
225.19 in federal funding, the commissioner shall withhold from the
225.20 county boards with late reports an amount equal to the reduction
225.21 in federal funding until full federal funding is received.
225.22 (d) A county board that submits reports that are late,
225.23 illegible, incomplete, or not in the required format for two out
225.24 of three consecutive reporting periods is considered
225.25 noncompliant. When a county board is found to be noncompliant,
225.26 the commissioner shall notify the county board of the reason the
225.27 county board is considered noncompliant and request that the
225.28 county board develop a corrective action plan stating how the
225.29 county board plans to correct the problem. The corrective
225.30 action plan must be submitted to the commissioner within 45 days
225.31 after the date the county board received notice of noncompliance.
225.32 (e) The final deadline for fiscal reports or amendments to
225.33 fiscal reports is one year after the date the report was
225.34 originally due. If the commissioner does not receive a report
225.35 by the final deadline, the county board forfeits the funding
225.36 associated with the report for that reporting period and the
226.1 county board must repay any funds associated with the report
226.2 received for that reporting period.
226.3 (f) The commissioner may not delay payments, withhold
226.4 funds, or require repayment under paragraph (c) or (e) if the
226.5 county demonstrates that the commissioner failed to provide
226.6 appropriate forms, guidelines, and technical assistance to
226.7 enable the county to comply with the requirements. If the
226.8 county board disagrees with an action taken by the commissioner
226.9 under paragraph (c) or (e), the county board may appeal the
226.10 action according to sections 14.57 to 14.69.
226.11 (g) Counties subject to withholding of funds under
226.12 paragraph (c) or forfeiture or repayment of funds under
226.13 paragraph (e) shall not reduce or withhold benefits or services
226.14 to clients to cover costs incurred due to actions taken by the
226.15 commissioner under paragraph (c) or (e).
226.16 (18) Allocate federal fiscal disallowances or sanctions for
226.17 audit exceptions when federal fiscal disallowances or sanctions
226.18 are based on a statewide random sample for the foster care
226.19 program under title IV-E of the Social Security Act, United
226.20 States Code, title 42, in direct proportion to each county's
226.21 title IV-E foster care maintenance claim for that period.
226.22 Sec. 9. Minnesota Statutes 1996, section 256.01,
226.23 subdivision 4a, is amended to read:
226.24 Subd. 4a. [TECHNICAL ASSISTANCE FOR IMMUNIZATION
226.25 REMINDERS.] The state agency shall provide appropriate technical
226.26 assistance to county agencies to develop methods to have county
226.27 financial workers remind and encourage recipients of aid to
226.28 families with dependent children, Minnesota family investment
226.29 program-statewide, the Minnesota family investment plan, medical
226.30 assistance, family general assistance, or food stamps whose
226.31 assistance unit includes at least one child under the age of
226.32 five to have each young child immunized against childhood
226.33 diseases. The state agency must examine the feasibility of
226.34 utilizing the capacity of a statewide computer system to assist
226.35 county agency financial workers in performing this function at
226.36 appropriate intervals.
227.1 Sec. 10. Minnesota Statutes 1996, section 256.017,
227.2 subdivision 1, is amended to read:
227.3 Subdivision 1. [AUTHORITY AND PURPOSE.] The commissioner
227.4 shall administer a compliance system for aid to families with
227.5 dependent children, Minnesota family investment
227.6 program-statewide, the food stamp program, emergency assistance,
227.7 general assistance, work readiness, medical assistance, general
227.8 assistance medical care, emergency general assistance, Minnesota
227.9 supplemental assistance, preadmission screening, and alternative
227.10 care grants under the powers and authorities named in section
227.11 256.01, subdivision 2. The purpose of the compliance system is
227.12 to permit the commissioner to supervise the administration of
227.13 public assistance programs and to enforce timely and accurate
227.14 distribution of benefits, completeness of service and efficient
227.15 and effective program management and operations, to increase
227.16 uniformity and consistency in the administration and delivery of
227.17 public assistance programs throughout the state, and to reduce
227.18 the possibility of sanctions and fiscal disallowances for
227.19 noncompliance with federal regulations and state statutes.
227.20 The commissioner shall utilize training, technical
227.21 assistance, and monitoring activities, as specified in section
227.22 256.01, subdivision 2, to encourage county agency compliance
227.23 with written policies and procedures.
227.24 Sec. 11. Minnesota Statutes 1996, section 256.017,
227.25 subdivision 4, is amended to read:
227.26 Subd. 4. [DETERMINING THE AMOUNT OF THE QUALITY CONTROL
227.27 CASE PENALTY.] (a) The amount of the quality control case
227.28 penalty is limited to the amount of the dollar error for the
227.29 quality control sample month in a reviewed case as determined by
227.30 the state quality control review procedures for the aid to
227.31 families with dependent children, Minnesota family investment
227.32 program-statewide and food stamp programs or for any other
227.33 income transfer program for which the commissioner develops a
227.34 quality control program.
227.35 (b) Payment errors in medical assistance or any other
227.36 medical services program for which the department develops a
228.1 quality control program are subject to set rate penalties based
228.2 on the average cost of the specific quality control error
228.3 element for a sample review month for that household size and
228.4 status of institutionalization and as determined from state
228.5 quality control data in the preceding fiscal year for the
228.6 corresponding program.
228.7 (c) Errors identified in negative action cases, such as
228.8 incorrect terminations or denials of assistance are subject to
228.9 set rate penalties based on the average benefit cost of that
228.10 household size as determined from state quality control data in
228.11 the preceding fiscal year for the corresponding program.
228.12 Sec. 12. Minnesota Statutes 1996, section 256.019, is
228.13 amended to read:
228.14 256.019 [RECOVERY OF MONEY; APPORTIONMENT.]
228.15 When an amount is recovered from any source for assistance
228.16 given under the provisions governing public assistance programs
228.17 including aid to families with dependent children, Minnesota
228.18 family investment program-statewide, emergency assistance,
228.19 general assistance, work readiness, and Minnesota supplemental
228.20 aid, there shall be paid to the United States the amount due
228.21 under the terms of the Social Security Act and the balance must
228.22 be paid into the treasury of the state or county in accordance
228.23 with according to current rates of financial participation;
228.24 except if the recovery is made by a county agency using any
228.25 method other than recoupment, the county may keep one-half of
228.26 the nonfederal share of the recovery. This does not apply to
228.27 recoveries from medical providers or to recoveries begun by the
228.28 department of human services' surveillance and utilization
228.29 review division, state hospital collections unit, and the
228.30 benefit recoveries division or, by the attorney general's
228.31 office, or child support collections.
228.32 Sec. 13. Minnesota Statutes 1996, section 256.031,
228.33 subdivision 5, is amended to read:
228.34 Subd. 5. [FEDERAL WAIVERS.] In accordance with According
228.35 to sections 256.031 to 256.0361 and federal laws authorizing the
228.36 program, the commissioner shall seek waivers of federal
229.1 requirements of: United States Code, title 42, section 601 et
229.2 seq., and United States Code, title 7, section 2011 et seq.,
229.3 needed to implement the Minnesota family investment plan in a
229.4 manner consistent with the goals and objectives of the program.
229.5 The commissioner shall seek terms from the federal government
229.6 that are consistent with the goals of the Minnesota family
229.7 investment plan. The commissioner shall also seek terms from
229.8 the federal government that will maximize federal financial
229.9 participation so that the extra costs to the state of
229.10 implementing the program are minimized, to the extent that those
229.11 terms are consistent with the goals of the Minnesota family
229.12 investment plan. An agreement with the federal government under
229.13 this section shall provide that the agreements may be canceled
229.14 by the state or federal government upon 180 days' notice or
229.15 immediately upon mutual agreement. If the agreement is
229.16 canceled, families which cease receiving assistance under the
229.17 Minnesota family investment plan who are eligible for the aid to
229.18 families with dependent children, Minnesota family investment
229.19 program-statewide, general assistance, medical assistance,
229.20 general assistance medical care, or the food stamp program must
229.21 be placed with their consent on the programs for which they are
229.22 eligible.
229.23 Sec. 14. Minnesota Statutes 1996, section 256.046,
229.24 subdivision 1, is amended to read:
229.25 Subdivision 1. [HEARING AUTHORITY.] A local agency may
229.26 initiate an administrative fraud disqualification hearing for
229.27 individuals accused of wrongfully obtaining assistance or
229.28 intentional program violations in the aid to families with
229.29 dependent children, Minnesota family investment
229.30 program-statewide or food stamp programs. The hearing is
229.31 subject to the requirements of section 256.045 and the
229.32 requirements in Code of Federal Regulations, title 7, section
229.33 273.16, for the food stamp program and title 45, section
229.34 235.112, for the aid to families with dependent children program.
229.35 Sec. 15. Minnesota Statutes 1996, section 256.935,
229.36 subdivision 1, is amended to read:
230.1 Subdivision 1. On the death of any person receiving public
230.2 assistance through aid to dependent children or MFIP-S, the
230.3 county agency shall pay an amount for funeral expenses not
230.4 exceeding the amount paid for comparable services under section
230.5 261.035 plus actual cemetery charges. No funeral expenses shall
230.6 be paid if the estate of the deceased is sufficient to pay such
230.7 expenses or if the spouse, who was legally responsible for the
230.8 support of the deceased while living, is able to pay such
230.9 expenses; provided, that the additional payment or donation of
230.10 the cost of cemetery lot, interment, religious service, or for
230.11 the transportation of the body into or out of the community in
230.12 which the deceased resided, shall not limit payment by the
230.13 county agency as herein authorized. Freedom of choice in the
230.14 selection of a funeral director shall be granted to persons
230.15 lawfully authorized to make arrangements for the burial of any
230.16 such deceased recipient. In determining the sufficiency of such
230.17 estate, due regard shall be had for the nature and marketability
230.18 of the assets of the estate. The county agency may grant
230.19 funeral expenses where the sale would cause undue loss to the
230.20 estate. Any amount paid for funeral expenses shall be a prior
230.21 claim against the estate, as provided in section 524.3-805, and
230.22 any amount recovered shall be reimbursed to the agency which
230.23 paid the expenses. The commissioner shall specify requirements
230.24 for reports, including fiscal reports, according to section
230.25 256.01, subdivision 2, paragraph (17). The state share of
230.26 county agency expenditures shall be 50 percent and the county
230.27 share shall be 50 percent. Benefits shall be issued to
230.28 recipients by the state or county and funded according to
230.29 section 256.025, subdivision 3, subject to provisions of section
230.30 256.017.
230.31 Beginning July 1, 1991, the state will reimburse counties
230.32 according to the payment schedule set forth in section 256.025
230.33 for the county share of county agency expenditures made under
230.34 this subdivision from January 1, 1991, on. Payment under this
230.35 subdivision is subject to the provisions of section 256.017.
230.36 Sec. 16. Minnesota Statutes 1996, section 256.98,
231.1 subdivision 8, is amended to read:
231.2 Subd. 8. [DISQUALIFICATION FROM PROGRAM.] Any person found
231.3 to be guilty of wrongfully obtaining assistance by a federal or
231.4 state court or by an administrative hearing determination, or
231.5 waiver thereof, through a disqualification consent agreement, or
231.6 as part of any approved diversion plan under section 401.065 in
231.7 the aid to families with dependent children, Minnesota family
231.8 investment program-statewide program, the food stamp program,
231.9 the Minnesota family investment plan, the general assistance or
231.10 family general assistance program, or the Minnesota supplemental
231.11 aid program, or the work readiness program shall be disqualified
231.12 from that program. The needs of that individual shall not be
231.13 taken into consideration in determining the grant level for that
231.14 assistance unit:
231.15 (1) for six months after the first offense;
231.16 (2) for 12 months after the second offense; and
231.17 (3) permanently after the third or subsequent offense.
231.18 The period of program disqualification shall begin on the
231.19 date stipulated on the advance notice of disqualification
231.20 without possibility of postponement for administrative stay or
231.21 administrative hearing and shall continue through completion
231.22 unless and until the findings upon which the sanctions were
231.23 imposed are reversed by a court of competent jurisdiction. The
231.24 period for which sanctions are imposed is not subject to
231.25 review. The sanctions provided under this subdivision are in
231.26 addition to, and not in substitution for, any other sanctions
231.27 that may be provided for by law for the offense involved. A
231.28 disqualification established through hearing or waiver shall
231.29 result in the disqualification period beginning immediately
231.30 unless the person has become otherwise ineligible for
231.31 assistance. If the person is ineligible for assistance, the
231.32 disqualification period begins when the person again meets the
231.33 eligibility criteria of the program from which they were
231.34 disqualified.
231.35 Sec. 17. Minnesota Statutes 1996, section 256.981, is
231.36 amended to read:
232.1 256.981 [TRAINING OF WELFARE FRAUD PROSECUTORS.]
232.2 The commissioner of human services shall, to the extent an
232.3 appropriation is provided for this purpose, contract with the
232.4 county attorney's council or other public or private entity
232.5 experienced in providing training for prosecutors to conduct
232.6 quarterly workshops and seminars focusing on current aid to
232.7 families with dependent children and Minnesota family investment
232.8 program-statewide program issues, other income maintenance
232.9 program changes, recovery issues, alternative sentencing
232.10 methods, use of technical aids for interviews and
232.11 interrogations, and other matters affecting prosecution of
232.12 welfare fraud cases.
232.13 Sec. 18. Minnesota Statutes 1996, section 256.983,
232.14 subdivision 1, is amended to read:
232.15 Subdivision 1. [PROGRAMS ESTABLISHED.] Within the limits
232.16 of available appropriations, and to the extent required or
232.17 authorized by applicable federal regulations, the commissioner
232.18 of human services shall require the establishment of fraud
232.19 prevention investigation programs in the seven counties
232.20 participating in the fraud prevention investigation pilot
232.21 project established under this section, and in 11 additional
232.22 Minnesota counties with the largest aid to families with
232.23 dependent children program caseloads as of July 1, 1991. If
232.24 funds are sufficient, the commissioner may also extend fraud
232.25 prevention investigation programs to: (1) other counties that
232.26 have welfare fraud control programs already in place based on
232.27 enhanced funding contracts covering the fraud investigation
232.28 function; and (2) counties that have the largest AFDC caseloads
232.29 as of July 1, 1994, and are not currently participating in the
232.30 fraud prevention investigation pilot project; and (3) counties
232.31 with the largest MFIP-S caseloads as of July 1 of years after
232.32 1997, that are not currently participating in the fraud
232.33 prevention investigation program. The pilot project may be
232.34 expanded provided the expansion is budget neutral to the state.
232.35 Sec. 19. Minnesota Statutes 1996, section 256.983,
232.36 subdivision 4, is amended to read:
233.1 Subd. 4. [FUNDING.] (a) Every involved county agency shall
233.2 either have in place or obtain an approved contract which meets
233.3 all federal requirements necessary to obtain enhanced federal
233.4 funding for its welfare fraud control and fraud prevention
233.5 investigation programs. County agency reimbursement shall be
233.6 made through the settlement provisions applicable to the aid to
233.7 families with dependent children, Minnesota family investment
233.8 program-statewide and food stamp programs.
233.9 (b) After allowing an opportunity to establish compliance,
233.10 the commissioner will deny administrative reimbursement if for
233.11 any three-month period during any grant year, a county agency
233.12 fails to comply with fraud investigation guidelines, or fails to
233.13 meet the cost-effectiveness standards developed by the
233.14 commissioner. This result is contingent on the commissioner
233.15 providing written notice, including an offer of technical
233.16 assistance, within 30 days of the end of the third or subsequent
233.17 month of noncompliance. The county agency shall be required to
233.18 submit a corrective action plan to the commissioner within 30
233.19 days of receipt of a notice of noncompliance. Failure to submit
233.20 a corrective action plan or, continued deviation from standards
233.21 of more than ten percent after submission of a corrective action
233.22 plan, will result in denial of funding for each subsequent month
233.23 during the grant year or billing the county agency for fraud
233.24 prevention investigation (FPI) service provided by the
233.25 commissioner. The denial of funding shall apply to the general
233.26 settlement received by the county agency on a quarterly basis
233.27 and shall not reduce the grant amount applicable to the FPI
233.28 project.
233.29 Sec. 20. Minnesota Statutes 1996, section 256.9850, is
233.30 amended to read:
233.31 256.9850 [IDENTITY VERIFICATION.]
233.32 The commissioner of human services shall seek from the
233.33 Secretary of Health and Human Services all necessary waivers of
233.34 the requirements of the program of AFDC or Minnesota family
233.35 investment program-statewide, to enable the commissioner to
233.36 establish a statewide program to test the effectiveness of
234.1 identity verification systems in the electronic benefit transfer
234.2 systems in the state AFDC program or Minnesota family investment
234.3 program-statewide. Identity verification provisions shall be
234.4 added to the statewide requests for proposal on the expansion of
234.5 electronic benefit transfer systems in the AFDC program or
234.6 Minnesota family investment program-statewide.
234.7 Sec. 21. Minnesota Statutes 1996, section 256.9861,
234.8 subdivision 5, is amended to read:
234.9 Subd. 5. [FUNDING.] (a) Grant funds are intended to help
234.10 offset the reduction in federal financial participation to 50
234.11 percent and may be apportioned to the participating counties
234.12 whenever feasible, and within the commissioner's discretion, to
234.13 achieve this goal. State funding shall be made available
234.14 contingent on counties submitting a plan that is approved by the
234.15 department of human services. Failure or delay in obtaining
234.16 that approval shall not, however, eliminate the obligation to
234.17 maintain fraud control efforts at the January 1, 1995, level.
234.18 Additional counties may be added to the project to the extent
234.19 that funds are subsequently made available. Every involved
234.20 county must meet all federal requirements necessary to obtain
234.21 federal funding for its welfare fraud control and prevention
234.22 programs. County agency reimbursement shall be made through the
234.23 settlement provisions applicable to the AFDC, Minnesota family
234.24 investment program-statewide and food stamp programs.
234.25 (b) Should a county agency fail to comply with the
234.26 standards set, or fail to meet cost-effectiveness standards
234.27 developed by the commissioner for three months during any grant
234.28 year, the commissioner shall deny reimbursement or
234.29 administrative costs, after allowing an opportunity to establish
234.30 compliance.
234.31 (c) Any denial of reimbursement under paragraph (b) is
234.32 contingent on the commissioner providing written notice,
234.33 including an offer of technical assistance, within 30 days of
234.34 the end of the third or subsequent months of noncompliance. The
234.35 county agency shall be required to submit a corrective action
234.36 plan to the commissioner within 30 days of receipt of a notice
235.1 of noncompliance. Failure to submit a corrective action plan or
235.2 continued deviation from standards of more than ten percent
235.3 after submission of corrective action plan, will result in
235.4 denial of funding for each such month during the grant year, or
235.5 billing the county agency for program integrity reinvestment
235.6 project services provided by the commissioner. The denial of
235.7 funding shall apply to the general settlement received by the
235.8 county agency on a quarterly basis and shall not reduce the
235.9 grant amount applicable to the program integrity reinvestment
235.10 project.
235.11 Sec. 22. Minnesota Statutes 1996, section 256E.03,
235.12 subdivision 2, is amended to read:
235.13 Subd. 2. (a) "Community social services" means services
235.14 provided or arranged for by county boards to fulfill the
235.15 responsibilities prescribed in section 256E.08, subdivision 1,
235.16 to the following groups of persons:
235.17 (1) families with children under age 18, who are
235.18 experiencing child dependency, neglect or abuse, and also
235.19 pregnant adolescents, adolescent parents under the age of 18,
235.20 and their children;
235.21 (2) persons who are under the guardianship of the
235.22 commissioner of human services as dependent and neglected wards;
235.23 (3) adults who are in need of protection and vulnerable as
235.24 defined in section 626.5572;
235.25 (4) persons age 60 and over who are experiencing difficulty
235.26 living independently and are unable to provide for their own
235.27 needs;
235.28 (5) emotionally disturbed children and adolescents,
235.29 chronically and acutely mentally ill persons who are unable to
235.30 provide for their own needs or to independently engage in
235.31 ordinary community activities;
235.32 (6) persons with mental retardation as defined in section
235.33 252A.02, subdivision 2, or with related conditions as defined in
235.34 section 252.27, subdivision 1a, who are unable to provide for
235.35 their own needs or to independently engage in ordinary community
235.36 activities;
236.1 (7) drug dependent and intoxicated persons as defined in
236.2 section 254A.02, subdivisions 5 and 7, and persons at risk of
236.3 harm to self or others due to the ingestion of alcohol or other
236.4 drugs;
236.5 (8) parents whose income is at or below 70 percent of the
236.6 state median income and who are in need of child care services
236.7 in order to secure or retain employment or to obtain the
236.8 training or education necessary to secure employment; and
236.9 (9) other groups of persons who, in the judgment of the
236.10 county board, are in need of social services.
236.11 (b) Except as provided in section 256E.08, subdivision 5,
236.12 community social services do not include public assistance
236.13 programs known as aid to families with dependent children,
236.14 Minnesota family investment program-statewide, Minnesota
236.15 supplemental aid, medical assistance, general assistance,
236.16 general assistance medical care, or community health services
236.17 authorized by sections 145A.09 to 145A.13.
236.18 Sec. 23. Minnesota Statutes 1996, section 256E.06,
236.19 subdivision 1, is amended to read:
236.20 Subdivision 1. [FORMULA.] The commissioner of human
236.21 services shall distribute community social service aids to each
236.22 county board in an amount determined according to the following
236.23 formula:
236.24 In calendar year 1982 and thereafter:
236.25 (a) One-third shall be distributed on the basis of the
236.26 average unduplicated number of persons who receive AFDC,
236.27 Minnesota family investment program-statewide, general
236.28 assistance, and medical assistance per month in the calendar
236.29 year two years prior to the year for which funds are being
236.30 distributed as reported in the average monthly caseload reports
236.31 required under sections 256.01, 256B.04 and 256D.04, and
236.32 certified by the commissioner of human services; and
236.33 (b) One-third shall be distributed on the basis of the
236.34 number of persons residing in the county as determined by the
236.35 most recent data of the state demographer;
236.36 (c) One-third shall be distributed on the basis of the
237.1 number of persons residing in the county who are 65 years old or
237.2 older as determined by the most recent data of the state
237.3 demographer.
237.4 Sec. 24. Minnesota Statutes 1996, section 256E.06,
237.5 subdivision 3, is amended to read:
237.6 Subd. 3. [PAYMENTS TO COUNTIES.] The commissioner of human
237.7 services shall make payments for community social services to
237.8 each county in four installments per year. The commissioner of
237.9 human services may certify the payments for the first three
237.10 months of a calendar year based on estimates of the unduplicated
237.11 number of persons receiving AFDC, Minnesota family investment
237.12 program-statewide, general assistance and medical assistance for
237.13 the prior year. The following three payments shall be adjusted
237.14 to reflect the actual unduplicated number of persons who
237.15 received AFDC, Minnesota family investment program-statewide,
237.16 general assistance and medical assistance as required by
237.17 subdivision 1. The commissioner shall ensure that the pertinent
237.18 payment of the allotment for that quarter is made to each county
237.19 on the first working day after the end of each quarter of the
237.20 calendar year, except for the last quarter of the calendar
237.21 year. The commissioner shall ensure that each county receives
237.22 its payment of the allotment for that quarter no later than the
237.23 last working day of that quarter. This scheduling of payments
237.24 does not require compliance with subdivision 10.
237.25 Sec. 25. Minnesota Statutes 1996, section 256E.07,
237.26 subdivision 1, is amended to read:
237.27 Subdivision 1. [FORMULA.] In federal fiscal year 1985 and
237.28 subsequent years, money for social services that is received
237.29 from the federal government to reimburse counties for social
237.30 service expenditures pursuant according to title XX of the
237.31 Social Security Act shall be allocated to each county according
237.32 to the following formula:
237.33 (a) Two-thirds shall be allocated on the basis of the
237.34 annual average number of unduplicated active monthly caseloads
237.35 in each county in the following programs: aid to families with
237.36 dependent children, Minnesota family investment
238.1 program-statewide, medical assistance, general assistance,
238.2 supplementary security income, and Minnesota supplemental aid.
238.3 (b) One-third shall be allocated on the basis of the number
238.4 of persons residing in the county as determined by the most
238.5 recent estimate of the state demographer.
238.6 (c) The commissioner shall allocate to the counties
238.7 pursuant according to this section the total money received from
238.8 the federal government for social services pursuant according to
238.9 title XX of the Social Security Act, except that portion of the
238.10 state's allocation which the legislature authorizes for
238.11 administrative purposes and for migrant day care.
238.12 Sec. 26. Minnesota Statutes 1996, section 256E.08,
238.13 subdivision 3, is amended to read:
238.14 Subd. 3. [ADMINISTRATION OF INCOME MAINTENANCE PROGRAMS.]
238.15 The county board may designate itself, a human services board,
238.16 or a local social services agency to perform the functions of
238.17 local social services agencies as prescribed in chapter 393 and
238.18 assigned to county agencies in other law which pertains to the
238.19 administration of income maintenance programs known as aid to
238.20 families with dependent children, Minnesota family investment
238.21 program-statewide, general assistance, Minnesota supplemental
238.22 aid, medical assistance, general assistance medical care, and
238.23 emergency assistance.
238.24 Sec. 27. Minnesota Statutes 1996, section 256F.05,
238.25 subdivision 5, is amended to read:
238.26 Subd. 5. [INAPPROPRIATE EXPENDITURES.] Family preservation
238.27 fund basic, placement earnings, and development grant money must
238.28 not be used for:
238.29 (1) child day care necessary solely because of the
238.30 employment or training to prepare for employment, of a parent or
238.31 other relative with whom the child is living;
238.32 (2) residential facility payments;
238.33 (3) adoption assistance payments;
238.34 (4) public assistance payments for aid to families with
238.35 dependent children, Minnesota family investment
238.36 program-statewide, supplemental aid, medical assistance, general
239.1 assistance, general assistance medical care, or community health
239.2 services authorized by sections 145A.09 to 145A.13; or
239.3 (5) administrative costs for local social services agency
239.4 public assistance staff.
239.5 Sec. 28. Minnesota Statutes 1996, section 256G.01,
239.6 subdivision 4, is amended to read:
239.7 Subd. 4. [ADDITIONAL COVERAGE.] The provisions in sections
239.8 256G.02, subdivision 4, paragraphs (a) to (d); 256G.02,
239.9 subdivisions 5 to 8; 256G.03; 256G.04; 256G.05; and 256G.07,
239.10 subdivisions 1 to 3, apply to the following programs: aid to
239.11 families with dependent children, Minnesota family investment
239.12 program-statewide; medical assistance; general assistance;
239.13 family general assistance; general assistance medical care; and
239.14 Minnesota supplemental aid.
239.15 Sec. 29. Minnesota Statutes 1996, section 257.3573,
239.16 subdivision 2, is amended to read:
239.17 Subd. 2. [INAPPROPRIATE EXPENDITURES.] Indian child
239.18 welfare grant money must not be used for:
239.19 (1) child day care necessary solely because of employment
239.20 or training for employment of a parent or other relative with
239.21 whom the child is living;
239.22 (2) foster care maintenance or difficulty of care payments;
239.23 (3) residential facility payments;
239.24 (4) adoption assistance payments;
239.25 (5) public assistance payments for aid to families with
239.26 dependent children, Minnesota family investment
239.27 program-statewide, supplemental aid, medical assistance, general
239.28 assistance, general assistance medical care, or community health
239.29 services authorized by sections 145A.01 to 145A.14; or
239.30 (6) administrative costs for income maintenance staff.
239.31 Sec. 30. Minnesota Statutes 1996, section 260.38, is
239.32 amended to read:
239.33 260.38 [COST, PAYMENT.]
239.34 In addition to the usual care and services given by public
239.35 and private agencies, the necessary cost incurred by the
239.36 commissioner of human services in providing care for such child
240.1 shall be paid by the county committing such child which, subject
240.2 to uniform rules established by the commissioner of human
240.3 services, may receive a reimbursement not exceeding one-half of
240.4 such costs from funds made available for this purpose by the
240.5 legislature during the period beginning July 1, 1985, and ending
240.6 December 31, 1985. Beginning January 1, 1986, the necessary
240.7 cost incurred by the commissioner of human services in providing
240.8 care for the child must be paid by the county committing the
240.9 child. Where such child is eligible to receive a grant of aid
240.10 to families with dependent children, Minnesota family investment
240.11 program-statewide or supplemental security income for the aged,
240.12 blind, and disabled, or a foster care maintenance payment under
240.13 Title IV-E of the Social Security Act, United States Code, title
240.14 42, sections 670 to 676, the child's needs shall be met through
240.15 these programs.
240.16 Sec. 31. Minnesota Statutes 1996, section 268.0111,
240.17 subdivision 5, is amended to read:
240.18 Subd. 5. [INCOME MAINTENANCE AND SUPPORT SERVICES.]
240.19 "Income maintenance and support services" means programs through
240.20 which the state or its subdivisions provide direct financial or
240.21 in-kind support to unemployed or underemployed persons,
240.22 including reemployment insurance, aid to families with dependent
240.23 children, Minnesota family investment program-statewide, general
240.24 assistance, work readiness assistance, food stamps, energy
240.25 assistance, disability determinations, and child care. Income
240.26 maintenance and support services do not include medical
240.27 assistance, aging services, social services, community social
240.28 services, mental health services, or services for the
240.29 emotionally disturbed, the mentally retarded, or residents of
240.30 nursing homes.
240.31 Sec. 32. Minnesota Statutes 1996, section 268.0111,
240.32 subdivision 7, is amended to read:
240.33 Subd. 7. [PUBLIC ASSISTANCE.] "Public assistance" means
240.34 aid to families with dependent children, Minnesota family
240.35 investment program-statewide and general assistance, and work
240.36 readiness.
241.1 Sec. 33. Minnesota Statutes 1996, section 268.0122,
241.2 subdivision 3, is amended to read:
241.3 Subd. 3. [DUTIES AS A STATE AGENCY.] The commissioner
241.4 shall:
241.5 (1) administer the unemployment insurance laws and related
241.6 programs;
241.7 (2) administer the aspects of aid to families with
241.8 dependent children, Minnesota family investment
241.9 program-statewide, general assistance, work readiness, and food
241.10 stamps that relate to employment and training services, subject
241.11 to the contract under section 268.86, subdivision 2;
241.12 (3) administer wage subsidies and the discretionary
241.13 employment and training fund;
241.14 (4) administer a national system of public employment
241.15 offices as prescribed by United States Code, title 29, chapter
241.16 4B, the Wagner-Peyser Act, and other federal employment and
241.17 training programs;
241.18 (5) cooperate with the federal government and its
241.19 employment and training agencies in any reasonable manner as
241.20 necessary to qualify for federal aid for employment and training
241.21 services and money;
241.22 (6) enter into agreements with other departments of the
241.23 state and local units of government as necessary;
241.24 (7) certify employment and training service providers and
241.25 decertify service providers that fail to comply with performance
241.26 criteria according to standards established by the commissioner;
241.27 (8) provide consistent, integrated employment and training
241.28 services across the state;
241.29 (9) establish the standards for all employment and training
241.30 services administered under this chapter;
241.31 (10) develop standards for the contents and structure of
241.32 the local service unit plans and plans for Indian tribe
241.33 employment and training services;
241.34 (11) provide current state and substate labor market
241.35 information and forecasts, in cooperation with other agencies;
241.36 (12) identify underserved populations, unmet service needs,
242.1 and funding requirements;
242.2 (13) consult with the council for the blind on matters
242.3 pertaining to programs and services for the blind and visually
242.4 impaired; and
242.5 (14) enter into agreements with Indian tribes as necessary
242.6 to provide employment and training services as funds become
242.7 available.
242.8 Sec. 34. Minnesota Statutes 1996, section 268.552,
242.9 subdivision 5, is amended to read:
242.10 Subd. 5. [ALLOCATION TO APPLICANTS.] Priority for
242.11 subsidies shall be in the following order:
242.12 (1) applicants living in households with no other income
242.13 source;
242.14 (2) applicants whose incomes and resources are less than
242.15 the standard for eligibility for general assistance or work
242.16 readiness; and
242.17 (3) applicants who are eligible for aid to families with
242.18 dependent children or Minnesota family investment
242.19 program-statewide.
242.20 Sec. 35. Minnesota Statutes 1996, section 268.6751,
242.21 subdivision 1, is amended to read:
242.22 Subdivision 1. [WAGE SUBSIDIES.] Wage subsidy money must
242.23 be allocated to local service units in the following manner:
242.24 (a) The commissioner shall allocate 87.5 percent of the
242.25 funds available for allocation to local service units for wage
242.26 subsidy programs as follows: the proportion of the wage subsidy
242.27 money available to each local service unit must be based on the
242.28 number of unemployed persons in the local service unit for the
242.29 most recent six-month period and the number of work readiness
242.30 assistance cases and aid to families with dependent children and
242.31 Minnesota family investment program-statewide cases in the local
242.32 service unit for the most recent six-month period.
242.33 (b) Five percent of the money available for wage subsidy
242.34 programs must be allocated at the discretion of the commissioner.
242.35 (c) Seven and one-half percent of the money available for
242.36 wage subsidy programs must be allocated at the discretion of the
243.1 commissioner to provide jobs for residents of federally
243.2 recognized Indian reservations.
243.3 (d) By December 31 of each fiscal year, providers and local
243.4 service units receiving wage subsidy money shall report to the
243.5 commissioner on the use of allocated funds. The commissioner
243.6 shall reallocate uncommitted funds for each fiscal year
243.7 according to the formula in paragraph (a).
243.8 Sec. 36. Minnesota Statutes 1996, section 268.676,
243.9 subdivision 1, is amended to read:
243.10 Subdivision 1. [AMONG JOB APPLICANTS.] At least 80 percent
243.11 of funds allocated among eligible job applicants statewide must
243.12 be allocated to:
243.13 (1) applicants living in households with no other income
243.14 source;
243.15 (2) applicants whose incomes and resources are less than
243.16 the standards for eligibility for general assistance or work
243.17 readiness;
243.18 (3) applicants who are eligible for aid to families with
243.19 dependent children or Minnesota family investment
243.20 program-statewide; and
243.21 (4) applicants who live in a farm household who demonstrate
243.22 severe household financial need.
243.23 Sec. 37. Minnesota Statutes 1996, section 268.86,
243.24 subdivision 2, is amended to read:
243.25 Subd. 2. [INTERAGENCY AGREEMENTS.] By October 1, 1987, the
243.26 commissioner and the commissioner of human services shall enter
243.27 into a written contract for the design, delivery, and
243.28 administration of employment and training services for
243.29 applicants for or recipients of food stamps or, aid to families
243.30 with dependent children and work readiness or Minnesota family
243.31 investment program-statewide, including AFDC and MFIP-S
243.32 employment and training programs, and general assistance or work
243.33 readiness grant diversion. The contract must address:
243.34 (1) specific roles and responsibilities of each department;
243.35 (2) assignment and supervision of staff for interagency
243.36 activities including any necessary interagency employee mobility
244.1 agreements under the administrative procedures of the department
244.2 of employee relations;
244.3 (3) mechanisms for determining the conditions under which
244.4 individuals participate in services, their rights and
244.5 responsibilities while participating, and the standards by which
244.6 the services must be administered;
244.7 (4) procedures for providing technical assistance to local
244.8 service units, Indian tribes, and employment and training
244.9 service providers;
244.10 (5) access to appropriate staff for ongoing development and
244.11 interpretation of policy, rules, and program standards;
244.12 (6) procedures for reimbursing appropriate agencies for
244.13 administrative expenses; and
244.14 (7) procedures for accessing available federal funds.
244.15 Sec. 38. Minnesota Statutes 1996, section 268.871,
244.16 subdivision 1, is amended to read:
244.17 Subdivision 1. [RESPONSIBILITY AND CERTIFICATION.] (a)
244.18 Unless prohibited by federal law or otherwise determined by
244.19 state law, a local service unit is responsible for the delivery
244.20 of employment and training services. After February 1, 1988,
244.21 employment and training services must be delivered by certified
244.22 employment and training service providers.
244.23 (b) The local service unit's employment and training
244.24 service provider must meet the certification standards in this
244.25 subdivision in order to be certified to deliver any of the
244.26 following employment and training services and programs: wage
244.27 subsidies; work readiness; work readiness and general assistance
244.28 grant diversion; food stamp employment and training programs;
244.29 community work experience programs; AFDC or MFIP-S job search;
244.30 AFDC or MFIP-S grant diversion; AFDC or MFIP-S on-the-job
244.31 training; and AFDC or MFIP-S case management.
244.32 (c) The commissioner shall certify a local service unit's
244.33 service provider to provide these employment and training
244.34 services and programs if the commissioner determines that the
244.35 provider has:
244.36 (1) past experience in direct delivery of the programs
245.1 specified in paragraph (b);
245.2 (2) staff capabilities and qualifications, including
245.3 adequate staff to provide timely and effective services to
245.4 clients, and proven staff experience in providing specific
245.5 services such as assessments, career planning, job development,
245.6 job placement, support services, and knowledge of community
245.7 services and educational resources;
245.8 (3) demonstrated effectiveness in providing services to
245.9 public assistance recipients and other economically
245.10 disadvantaged clients; and
245.11 (4) demonstrated administrative capabilities, including
245.12 adequate fiscal and accounting procedures, financial management
245.13 systems, participant data systems, and record retention
245.14 procedures.
245.15 (d) When the only service provider that meets the criterion
245.16 in paragraph (c), clause (1), has been decertified, pursuant
245.17 according to subdivision 1a, in that local service unit, the
245.18 following criteria shall be substituted: past experience in
245.19 direct delivery of multiple, coordinated, nonduplicative
245.20 services, including outreach, assessments, identification of
245.21 client barriers, employability development plans, and provision
245.22 or referral to support services.
245.23 (e) The commissioner shall certify providers of the
245.24 Minnesota family investment plan case management services as
245.25 defined in section 256.032, subdivision 3. Providers must meet
245.26 the standards defined in paragraph (c), except that past
245.27 experience under paragraph (c), clause (1), must be in services
245.28 and programs similar to those specified in section 256.032,
245.29 subdivision 3.
245.30 Employment and training service providers shall be
245.31 certified by the commissioner for two fiscal years beginning
245.32 July 1, 1991, and every second year thereafter.
245.33 Sec. 39. Minnesota Statutes 1996, section 268.90,
245.34 subdivision 2, is amended to read:
245.35 Subd. 2. [EMPLOYMENT CONDITIONS.] (a) An eligible
245.36 nonprofit or public employer may not terminate, lay off, or
246.1 reduce the regular working hours of an employee for the purpose
246.2 of hiring an individual with money available under this
246.3 program. An eligible employer may not hire an individual with
246.4 money available through this program if any other person is on
246.5 layoff from the same or a substantially equivalent job.
246.6 (b) Community investment program participants are employees
246.7 of the project employer within the meaning of workers'
246.8 compensation laws, personal income tax, and the federal
246.9 insurance contribution act, but not retirement or civil service
246.10 laws.
246.11 (c) Each project and job must comply with all applicable
246.12 affirmative action, fair labor, health, safety, and
246.13 environmental standards.
246.14 (d) Individuals employed under the community investment
246.15 program must be paid a wage at the same wage rates as work site
246.16 or employees doing comparable work in that locality, unless
246.17 otherwise specified in law.
246.18 (e) Recipients of aid to families with dependent
246.19 children or Minnesota family investment program-statewide who
246.20 are eligible on the basis of an unemployed parent may not have
246.21 available more than 100 hours a month. All employees are
246.22 limited to 32 hours or four days a week, so that they can
246.23 continue to seek full-time private sector employment, unless
246.24 otherwise specified in law.
246.25 (f) The commissioner shall establish, by rule, the terms
246.26 and conditions governing the participation of appropriate public
246.27 assistance recipients. The rules must, at a minimum, establish
246.28 the procedures by which the minimum and maximum number of work
246.29 hours and maximum allowable travel distances are determined, the
246.30 amounts and methods by which work expenses will be paid, and the
246.31 manner in which support services will be provided. The rules
246.32 must also provide for periodic reviews of clients continuing
246.33 employment in community investment programs.
246.34 (g) Participation in a community investment program by a
246.35 recipient of aid to families with dependent children, Minnesota
246.36 family investment program-statewide or general assistance is
247.1 voluntary; however, work readiness registrants may be required
247.2 to participate.
247.3 Sec. 40. Minnesota Statutes 1996, section 268.916, is
247.4 amended to read:
247.5 268.916 [REPORTS.]
247.6 Each grantee shall submit an annual report to the
247.7 commissioner on the format designated by the commissioner,
247.8 including program information report data. By January 1 of each
247.9 year, the commissioner shall prepare an annual report to the
247.10 health and human services committee of the house of
247.11 representatives and the family services committee of the senate
247.12 concerning the uses and impact of head start supplemental
247.13 funding, including a summary of innovative programs and the
247.14 results of innovative programs and an evaluation of the
247.15 coordination of head start programs with employment and training
247.16 services provided to AFDC and MFIP-S recipients.
247.17 Sec. 41. Minnesota Statutes 1996, section 268.95,
247.18 subdivision 4, is amended to read:
247.19 Subd. 4. [PILOT PROGRAM.] The commissioner shall develop a
247.20 pilot program, in cooperation with the commissioners of trade
247.21 and economic development and human services, to enable
247.22 low-income persons to start or expand self-employment
247.23 opportunities or home-based businesses that are designed to make
247.24 the individual entrepreneurs economically independent. The
247.25 commissioner of human services shall seek necessary waivers from
247.26 federal regulations to allow recipients of aid to families with
247.27 dependent children or Minnesota family investment
247.28 program-statewide to participate and retain eligibility while
247.29 establishing a business.
247.30 Sec. 42. Minnesota Statutes 1996, section 393.07,
247.31 subdivision 6, is amended to read:
247.32 Subd. 6. [PURCHASE OF EQUIPMENT TO AID WELFARE
247.33 RECIPIENTS.] Every local social services agency authorizing
247.34 braces, crutches, trusses, wheel chairs and hearing aids for use
247.35 by recipients of supplemental security income for the aged,
247.36 blind and disabled, aid to families with dependent children or
248.1 Minnesota family investment program-statewide and relief shall
248.2 secure such devices at the lowest cost obtainable conducive to
248.3 the well being of the recipient and fix the recipient's grant in
248.4 an amount to cover the cost of the device providing it will be
248.5 purchased at the lowest cost obtainable, or may make payment for
248.6 the device directly to the vendor.
248.7 Sec. 43. Minnesota Statutes 1996, section 477A.0122,
248.8 subdivision 2, is amended to read:
248.9 Subd. 2. [DEFINITIONS.] For purposes of this section, the
248.10 following definitions apply:
248.11 (a) "Children in out-of-home placement" means the total
248.12 unduplicated number of children in out-of-home care as reported
248.13 pursuant according to section 257.0725.
248.14 (b) "Family preservation programs" means family-based
248.15 services as defined in section 256F.03, subdivision 5, families
248.16 first services, parent and child education programs, and day
248.17 treatment services provided in cooperation with a school
248.18 district or other programs as defined by the commissioner of
248.19 human services.
248.20 (c) "Income maintenance caseload" means average monthly
248.21 number of AFDC or Minnesota family investment program-statewide
248.22 cases for the calendar year.
248.23 By July 1, 1994, the commissioner of human services shall
248.24 certify to the commissioner of revenue the number of children in
248.25 out-of-home placement in 1991 and 1992 for each county and the
248.26 income maintenance caseload for each county for the most recent
248.27 year available. By July 1 of each subsequent year, the
248.28 commissioner of human services shall certify to the commissioner
248.29 of revenue the income maintenance caseload for each county for
248.30 the most recent calendar year available.
248.31 Sec. 44. [REVISOR INSTRUCTION.]
248.32 The revisor of statutes shall identify in Minnesota
248.33 Statutes and Minnesota Rules all references to aid to families
248.34 with dependent children and AFDC, and to Minnesota Statutes,
248.35 section 256.12, or any of the sections of Minnesota Statutes
248.36 from sections 256.72 to 256.87.
249.1 The revisor shall prepare a report by January 1, 1998, for
249.2 the 1998 legislature showing where these references are located.
249.3 Sec. 45. [EFFECTIVE DATE.]
249.4 Sections 1 to 43 are effective July 1, 1997.
249.5 ARTICLE 5
249.6 CORPS TO CAREER PROGRAM
249.7 Section 1. Minnesota Statutes 1996, section 84.0887,
249.8 subdivision 2, is amended to read:
249.9 Subd. 2. [ADDITIONAL SERVICES; CORPS TO CAREER COMMUNITY
249.10 SERVICE.] (a) In addition to services under subdivision 1, youth
249.11 corps programs may coordinate with or provide services to:
249.12 (1) making public facilities accessible to individuals with
249.13 disabilities;
249.14 (2) federal, state, local, and regional governmental
249.15 agencies;
249.16 (3) nursing homes, hospices, senior centers, hospitals,
249.17 local libraries, parks, recreational facilities, child and adult
249.18 day care centers, programs servicing individuals with
249.19 disabilities, and schools;
249.20 (4) law enforcement agencies, and penal and probation
249.21 systems;
249.22 (5) private nonprofit organizations that primarily focus on
249.23 social service such as community action agencies;
249.24 (6) activities that focus on the rehabilitation or
249.25 improvement of public facilities, neighborhood improvements,
249.26 literacy training that benefits educationally disadvantaged
249.27 individuals, weatherization of and basic repairs to low-income
249.28 housing including housing occupied by older adults, activities
249.29 that focus on drug and alcohol abuse education, prevention, and
249.30 treatment; and
249.31 (7) any other nonpartisan civic activities and services
249.32 that the commissioner determines to be of a substantial social
249.33 benefit in meeting unmet human, educational, or environmental
249.34 needs, particularly needs related to poverty, or in the
249.35 community where volunteer service is to be performed.
249.36 (b) Youth and young adults may provide full-time or
250.1 part-time youth community service in a program known as "corps
250.2 to career" if the individual:
250.3 (1) is an unemployed high school dropout and is a parent of
250.4 a minor member of an assistance unit under the AFDC, MFIP, or
250.5 MFIP-R programs under chapter 256, or under the MFIP-S program
250.6 under chapter 256J, or is a person who is a member of an
250.7 assistance unit under the AFDC, MFIP, or MFIP-R programs under
250.8 chapter 256, or under the MFIP-S program under chapter 256J;
250.9 (2) agrees to only use the individual's postservice benefit
250.10 under the federal Americorps Act to complete a customized job
250.11 training program that requires 20 percent of the individual's
250.12 time to be spent in the corps to career program and that is
250.13 consistent with the work requirements of the employment and
250.14 training services component of the MFIP-S program under chapter
250.15 256J or, if a customized job training program is unavailable,
250.16 agrees to use the postservice benefit consistent with the
250.17 federal education award; and
250.18 (3) during the entire time the individual completes the
250.19 individual's job training program, resides within an enterprise
250.20 zone as defined in section 469.303.
250.21 To be eligible under this paragraph, any individual who
250.22 receives assistance under clause (1) after MFIP-S has been
250.23 implemented in the individual's county of financial
250.24 responsibility, and who meets the requirements in clauses (2)
250.25 and (3), also must meet the requirements of the employment and
250.26 training services component of the MFIP-S program under chapter
250.27 256J.
250.28 (c) The commissioner of the department of natural resources
250.29 shall ensure that the corps to career program will not decrease
250.30 employment opportunities that would be available without the
250.31 program; will not displace current employees including any
250.32 partial displacement in the form of reduced hours of work other
250.33 than overtime, wages, employment benefits, or regular seasonal
250.34 work; will not impair existing labor agreements; and will not
250.35 result in the substitution of project funding for preexisting
250.36 funds or sources of funds for ongoing work.
251.1 Sec. 2. [EFFECTIVE DATE.]
251.2 This article is effective July 1, 1997.
251.3 ARTICLE 6
251.4 CITIZENSHIP PROMOTION
251.5 Section 1. [3.9228] [CITIZENSHIP PROMOTION PROGRAM.]
251.6 Subdivision 1. [CREATION.] The citizenship promotion
251.7 program is created as a statewide program. The purpose of the
251.8 program is to provide assistance to legal immigrants to obtain
251.9 citizenship status. The program consists of public education
251.10 and information, group application workshops, citizenship and
251.11 English for citizenship classes, and video citizenship
251.12 instruction.
251.13 Subd. 2. [PUBLIC EDUCATION AND INFORMATION.] The public
251.14 education program must include the preparation and distribution
251.15 of information about citizenship eligibility requirements, how
251.16 to apply, what testing requirements are, and where citizenship
251.17 assistance can be obtained. Community meetings must be held to
251.18 provide the same information and to respond to questions.
251.19 Subd. 3. [GROUP APPLICATION WORKSHOPS.] Group workshops
251.20 must be held on a periodic basis. The workshops must provide
251.21 individualized advice about applying for citizenship and provide
251.22 an overview of the citizenship process. Participants must be
251.23 screened for English proficiency and, upon request, enrolled in
251.24 citizenship application workshops.
251.25 Subd. 4. [CITIZENSHIP AND ENGLISH CLASSES.] The program
251.26 must support and supplement existing English for citizenship
251.27 classes. Classes must also be supported and offered in native
251.28 languages for those able to take a citizenship test in their
251.29 native language. Tuition may be charged for classes,
251.30 scholarships provided for needy students, interpreters provided,
251.31 and transportation and child care assistance provided for
251.32 hardship applicants.
251.33 Subd. 5. [VIDEO INSTRUCTION.] The program must develop and
251.34 produce a television series to provide citizenship education and
251.35 make available videotapes of the classes.
251.36 Subd. 6. [ADMINISTRATION.] The executive directors of the
252.1 councils on Black Minnesotans, Asian-Pacific Minnesotans, and
252.2 Chicano-Latino affairs shall jointly administer the citizenship
252.3 promotion program. The directors shall jointly hire and
252.4 supervise staff to coordinate the program. The staff shall
252.5 process applications for grants, act as a clearinghouse to
252.6 promote the exchange of information, expertise, and best
252.7 practices among citizenship promotion programs and
252.8 organizations, and develop resources to assist in the operation
252.9 of community-based programs. The staff shall organize an
252.10 advisory committee of representatives of ethnic and geographic
252.11 groups of legal immigrants.
252.12 Subd. 7. [GRANTS.] The directors shall make grants to
252.13 nonprofit organizations and government agencies to operate
252.14 citizenship promotion programs under this section. The staff
252.15 shall consult with the advisory committee about the appropriate
252.16 selection of grantees and about what policies should be adopted
252.17 to ensure that the goals of the citizenship promotion programs
252.18 are attained. In awarding grants, the directors must consider
252.19 the quality of programs operated by proposed applicants,
252.20 including the program's prior success in enabling immigrants to
252.21 become citizens. Grant applicants must identify the measures by
252.22 which their success with the grant funds will be evaluated,
252.23 including the numbers of immigrants who are expected to become
252.24 citizens. In awarding grants, the councils shall ensure
252.25 reasonable access to citizenship programs in all regions of
252.26 Minnesota.
252.27 Sec. 2. [EFFECTIVE DATE.]
252.28 This article is effective the day following final enactment.
252.29 ARTICLE 7
252.30 PROGRAM INTEGRITY INITIATIVES
252.31 Section 1. Minnesota Statutes 1996, section 13.82,
252.32 subdivision 1, is amended to read:
252.33 Subdivision 1. [APPLICATION.] This section shall apply to
252.34 agencies which carry on a law enforcement function, including
252.35 but not limited to municipal police departments, county sheriff
252.36 departments, fire departments, the bureau of criminal
253.1 apprehension, the Minnesota state patrol, the board of peace
253.2 officer standards and training, the department of commerce, and
253.3 the department of labor and industry fraud investigation unit,
253.4 and the program integrity section and county human services
253.5 agency client and provider fraud prevention and control units
253.6 operated or supervised by the department of human services.
253.7 Sec. 2. Minnesota Statutes 1996, section 256.01,
253.8 subdivision 2, is amended to read:
253.9 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
253.10 section 241.021, subdivision 2, the commissioner of human
253.11 services shall:
253.12 (1) Administer and supervise all forms of public assistance
253.13 provided for by state law and other welfare activities or
253.14 services as are vested in the commissioner. Administration and
253.15 supervision of human services activities or services includes,
253.16 but is not limited to, assuring timely and accurate distribution
253.17 of benefits, completeness of service, and quality program
253.18 management. In addition to administering and supervising human
253.19 services activities vested by law in the department, the
253.20 commissioner shall have the authority to:
253.21 (a) require county agency participation in training and
253.22 technical assistance programs to promote compliance with
253.23 statutes, rules, federal laws, regulations, and policies
253.24 governing human services;
253.25 (b) monitor, on an ongoing basis, the performance of county
253.26 agencies in the operation and administration of human services,
253.27 enforce compliance with statutes, rules, federal laws,
253.28 regulations, and policies governing welfare services and promote
253.29 excellence of administration and program operation;
253.30 (c) develop a quality control program or other monitoring
253.31 program to review county performance and accuracy of benefit
253.32 determinations;
253.33 (d) require county agencies to make an adjustment to the
253.34 public assistance benefits issued to any individual consistent
253.35 with federal law and regulation and state law and rule and to
253.36 issue or recover benefits as appropriate;
254.1 (e) delay or deny payment of all or part of the state and
254.2 federal share of benefits and administrative reimbursement
254.3 according to the procedures set forth in section 256.017; and
254.4 (f) make contracts with and grants to public and private
254.5 agencies and organizations, both profit and nonprofit, and
254.6 individuals, using appropriated funds.
254.7 (2) Inform county agencies, on a timely basis, of changes
254.8 in statute, rule, federal law, regulation, and policy necessary
254.9 to county agency administration of the programs.
254.10 (3) Administer and supervise all child welfare activities;
254.11 promote the enforcement of laws protecting handicapped,
254.12 dependent, neglected and delinquent children, and children born
254.13 to mothers who were not married to the children's fathers at the
254.14 times of the conception nor at the births of the children;
254.15 license and supervise child-caring and child-placing agencies
254.16 and institutions; supervise the care of children in boarding and
254.17 foster homes or in private institutions; and generally perform
254.18 all functions relating to the field of child welfare now vested
254.19 in the state board of control.
254.20 (4) Administer and supervise all noninstitutional service
254.21 to handicapped persons, including those who are visually
254.22 impaired, hearing impaired, or physically impaired or otherwise
254.23 handicapped. The commissioner may provide and contract for the
254.24 care and treatment of qualified indigent children in facilities
254.25 other than those located and available at state hospitals when
254.26 it is not feasible to provide the service in state hospitals.
254.27 (5) Assist and actively cooperate with other departments,
254.28 agencies and institutions, local, state, and federal, by
254.29 performing services in conformity with the purposes of Laws
254.30 1939, chapter 431.
254.31 (6) Act as the agent of and cooperate with the federal
254.32 government in matters of mutual concern relative to and in
254.33 conformity with the provisions of Laws 1939, chapter 431,
254.34 including the administration of any federal funds granted to the
254.35 state to aid in the performance of any functions of the
254.36 commissioner as specified in Laws 1939, chapter 431, and
255.1 including the promulgation of rules making uniformly available
255.2 medical care benefits to all recipients of public assistance, at
255.3 such times as the federal government increases its participation
255.4 in assistance expenditures for medical care to recipients of
255.5 public assistance, the cost thereof to be borne in the same
255.6 proportion as are grants of aid to said recipients.
255.7 (7) Establish and maintain any administrative units
255.8 reasonably necessary for the performance of administrative
255.9 functions common to all divisions of the department.
255.10 (8) Act as designated guardian of both the estate and the
255.11 person of all the wards of the state of Minnesota, whether by
255.12 operation of law or by an order of court, without any further
255.13 act or proceeding whatever, except as to persons committed as
255.14 mentally retarded.
255.15 (9) Act as coordinating referral and informational center
255.16 on requests for service for newly arrived immigrants coming to
255.17 Minnesota.
255.18 (10) The specific enumeration of powers and duties as
255.19 hereinabove set forth shall in no way be construed to be a
255.20 limitation upon the general transfer of powers herein contained.
255.21 (11) Establish county, regional, or statewide schedules of
255.22 maximum fees and charges which may be paid by county agencies
255.23 for medical, dental, surgical, hospital, nursing and nursing
255.24 home care and medicine and medical supplies under all programs
255.25 of medical care provided by the state and for congregate living
255.26 care under the income maintenance programs.
255.27 (12) Have the authority to conduct and administer
255.28 experimental projects to test methods and procedures of
255.29 administering assistance and services to recipients or potential
255.30 recipients of public welfare. To carry out such experimental
255.31 projects, it is further provided that the commissioner of human
255.32 services is authorized to waive the enforcement of existing
255.33 specific statutory program requirements, rules, and standards in
255.34 one or more counties. The order establishing the waiver shall
255.35 provide alternative methods and procedures of administration,
255.36 shall not be in conflict with the basic purposes, coverage, or
256.1 benefits provided by law, and in no event shall the duration of
256.2 a project exceed four years. It is further provided that no
256.3 order establishing an experimental project as authorized by the
256.4 provisions of this section shall become effective until the
256.5 following conditions have been met:
256.6 (a) The proposed comprehensive plan, including estimated
256.7 project costs and the proposed order establishing the waiver,
256.8 shall be filed with the secretary of the senate and chief clerk
256.9 of the house of representatives at least 60 days prior to its
256.10 effective date.
256.11 (b) The secretary of health, education, and welfare of the
256.12 United States has agreed, for the same project, to waive state
256.13 plan requirements relative to statewide uniformity.
256.14 (c) A comprehensive plan, including estimated project
256.15 costs, shall be approved by the legislative advisory commission
256.16 and filed with the commissioner of administration.
256.17 (13) In accordance with According to federal requirements,
256.18 establish procedures to be followed by local welfare boards in
256.19 creating citizen advisory committees, including procedures for
256.20 selection of committee members.
256.21 (14) Allocate federal fiscal disallowances or sanctions
256.22 which are based on quality control error rates for the aid to
256.23 families with dependent children in effect until January 1,
256.24 1998, medical assistance, or food stamp program in the following
256.25 manner:
256.26 (a) One-half of the total amount of the disallowance shall
256.27 be borne by the county boards responsible for administering the
256.28 programs. For the medical assistance and AFDC programs in
256.29 effect until January 1, 1998, disallowances shall be shared by
256.30 each county board in the same proportion as that county's
256.31 expenditures for the sanctioned program are to the total of all
256.32 counties' expenditures for the AFDC program in effect until
256.33 January 1, 1998, and medical assistance programs program. For
256.34 the food stamp program, sanctions shall be shared by each county
256.35 board, with 50 percent of the sanction being distributed to each
256.36 county in the same proportion as that county's administrative
257.1 costs for food stamps are to the total of all food stamp
257.2 administrative costs for all counties, and 50 percent of the
257.3 sanctions being distributed to each county in the same
257.4 proportion as that county's value of food stamp benefits issued
257.5 are to the total of all benefits issued for all counties. Each
257.6 county shall pay its share of the disallowance to the state of
257.7 Minnesota. When a county fails to pay the amount due hereunder,
257.8 the commissioner may deduct the amount from reimbursement
257.9 otherwise due the county, or the attorney general, upon the
257.10 request of the commissioner, may institute civil action to
257.11 recover the amount due.
257.12 (b) Notwithstanding the provisions of paragraph (a), if the
257.13 disallowance results from knowing noncompliance by one or more
257.14 counties with a specific program instruction, and that knowing
257.15 noncompliance is a matter of official county board record, the
257.16 commissioner may require payment or recover from the county or
257.17 counties, in the manner prescribed in paragraph (a), an amount
257.18 equal to the portion of the total disallowance which resulted
257.19 from the noncompliance, and may distribute the balance of the
257.20 disallowance according to paragraph (a).
257.21 (15) Develop and implement special projects that maximize
257.22 reimbursements and result in the recovery of money to the
257.23 state. For the purpose of recovering state money, the
257.24 commissioner may enter into contracts with third parties. Any
257.25 recoveries that result from projects or contracts entered into
257.26 under this paragraph shall be deposited in the state treasury
257.27 and credited to a special account until the balance in the
257.28 account reaches $1,000,000. When the balance in the account
257.29 exceeds $1,000,000, the excess shall be transferred and credited
257.30 to the general fund. All money in the account is appropriated
257.31 to the commissioner for the purposes of this paragraph.
257.32 (16) Have the authority to make direct payments to
257.33 facilities providing shelter to women and their children
257.34 pursuant according to section 256D.05, subdivision 3. Upon the
257.35 written request of a shelter facility that has been denied
257.36 payments under section 256D.05, subdivision 3, the commissioner
258.1 shall review all relevant evidence and make a determination
258.2 within 30 days of the request for review regarding issuance of
258.3 direct payments to the shelter facility. Failure to act within
258.4 30 days shall be considered a determination not to issue direct
258.5 payments.
258.6 (17) Have the authority to establish and enforce the
258.7 following county reporting requirements:
258.8 (a) The commissioner shall establish fiscal and statistical
258.9 reporting requirements necessary to account for the expenditure
258.10 of funds allocated to counties for human services programs.
258.11 When establishing financial and statistical reporting
258.12 requirements, the commissioner shall evaluate all reports, in
258.13 consultation with the counties, to determine if the reports can
258.14 be simplified or the number of reports can be reduced.
258.15 (b) The county board shall submit monthly or quarterly
258.16 reports to the department as required by the commissioner.
258.17 Monthly reports are due no later than 15 working days after the
258.18 end of the month. Quarterly reports are due no later than 30
258.19 calendar days after the end of the quarter, unless the
258.20 commissioner determines that the deadline must be shortened to
258.21 20 calendar days to avoid jeopardizing compliance with federal
258.22 deadlines or risking a loss of federal funding. Only reports
258.23 that are complete, legible, and in the required format shall be
258.24 accepted by the commissioner.
258.25 (c) If the required reports are not received by the
258.26 deadlines established in clause (b), the commissioner may delay
258.27 payments and withhold funds from the county board until the next
258.28 reporting period. When the report is needed to account for the
258.29 use of federal funds and the late report results in a reduction
258.30 in federal funding, the commissioner shall withhold from the
258.31 county boards with late reports an amount equal to the reduction
258.32 in federal funding until full federal funding is received.
258.33 (d) A county board that submits reports that are late,
258.34 illegible, incomplete, or not in the required format for two out
258.35 of three consecutive reporting periods is considered
258.36 noncompliant. When a county board is found to be noncompliant,
259.1 the commissioner shall notify the county board of the reason the
259.2 county board is considered noncompliant and request that the
259.3 county board develop a corrective action plan stating how the
259.4 county board plans to correct the problem. The corrective
259.5 action plan must be submitted to the commissioner within 45 days
259.6 after the date the county board received notice of noncompliance.
259.7 (e) The final deadline for fiscal reports or amendments to
259.8 fiscal reports is one year after the date the report was
259.9 originally due. If the commissioner does not receive a report
259.10 by the final deadline, the county board forfeits the funding
259.11 associated with the report for that reporting period and the
259.12 county board must repay any funds associated with the report
259.13 received for that reporting period.
259.14 (f) The commissioner may not delay payments, withhold
259.15 funds, or require repayment under paragraph (c) or (e) if the
259.16 county demonstrates that the commissioner failed to provide
259.17 appropriate forms, guidelines, and technical assistance to
259.18 enable the county to comply with the requirements. If the
259.19 county board disagrees with an action taken by the commissioner
259.20 under paragraph (c) or (e), the county board may appeal the
259.21 action according to sections 14.57 to 14.69.
259.22 (g) Counties subject to withholding of funds under
259.23 paragraph (c) or forfeiture or repayment of funds under
259.24 paragraph (e) shall not reduce or withhold benefits or services
259.25 to clients to cover costs incurred due to actions taken by the
259.26 commissioner under paragraph (c) or (e).
259.27 (18) Allocate federal fiscal disallowances or sanctions for
259.28 audit exceptions when federal fiscal disallowances or sanctions
259.29 are based on a statewide random sample for the foster care
259.30 program under title IV-E of the Social Security Act, United
259.31 States Code, title 42, in direct proportion to each county's
259.32 title IV-E foster care maintenance claim for that period.
259.33 (19) Be responsible for ensuring the detection, prevention,
259.34 investigation, and resolution of fraudulent activities or
259.35 behavior by applicants, recipients, and other participants in
259.36 the human services programs administered by the department.
260.1 (20) Require county agencies to identify overpayments,
260.2 establish claims and utilize all available and cost-beneficial
260.3 methodologies to collect and recover these overpayments in the
260.4 human services programs administered by the department.
260.5 Sec. 3. Minnesota Statutes 1996, section 256.017,
260.6 subdivision 2, is amended to read:
260.7 Subd. 2. [DEFINITIONS.] The following terms have the
260.8 meanings given for the purpose purposes of this section.
260.9 (a) "Administrative penalty" means an adjustment against
260.10 the county agency's state and federal benefit and federal
260.11 administrative reimbursement when the commissioner determines
260.12 that the county agency is not in compliance with the policies
260.13 and procedures established by the commissioner.
260.14 (b) "Quality control case penalty" means an adjustment
260.15 against the county agency's federal administrative reimbursement
260.16 and state and federal benefit reimbursement when the
260.17 commissioner determines through a quality control review that
260.18 the county agency has made incorrect payments, terminations, or
260.19 denials of benefits as determined by state quality control
260.20 procedures for the aid to families with dependent children in
260.21 effect until January 1, 1998, Minnesota family investment
260.22 program-statewide, food stamp, or medical assistance programs,
260.23 or any other programs for which the commissioner has developed a
260.24 quality control system. Quality control case penalties apply
260.25 only to agency errors as defined by state quality control
260.26 procedures.
260.27 (c) "Quality control/quality assurance" means a review
260.28 system of a statewide random sample of cases, designed to
260.29 provide data on program outcomes and the accuracy with which
260.30 state and federal policies are being applied in issuing benefits
260.31 and as a fiscal audit to ensure the accuracy of expenditures.
260.32 The quality control/quality assurance system is administered by
260.33 the department. For the aid to families with dependent children
260.34 in effect until January 1, 1998, Minnesota family investment
260.35 program-statewide, food stamp, and medical assistance programs,
260.36 the quality control system is that required by federal
261.1 regulation, or those developed by the commissioner.
261.2 Sec. 4. Minnesota Statutes 1996, section 256.019, is
261.3 amended to read:
261.4 256.019 [RECOVERY OF MONEY; APPORTIONMENT.]
261.5 When an amount is recovered from any source for assistance
261.6 given under the provisions governing public assistance programs
261.7 including aid to families with dependent children, MFIP-S,
261.8 general assistance medical care, emergency assistance, general
261.9 assistance, work readiness, and Minnesota supplemental aid,
261.10 there shall be paid to the United States the amount due under
261.11 the terms of the Social Security Act and the balance must be
261.12 paid into the treasury of the state or county in accordance with
261.13 current rates of financial participation; except the county may
261.14 keep one-half of any recovery made by the county agency using
261.15 any method other than recoupment. For medical assistance, if
261.16 the recovery is made by a county agency using any method other
261.17 than recoupment, the county may keep one-half of the nonfederal
261.18 share of the recovery. This does not apply to recoveries from
261.19 medical providers or to recoveries begun by the department of
261.20 human services' surveillance and utilization review division,
261.21 state hospital collections unit, and the benefit recoveries
261.22 division or, by the attorney general's office, or child support
261.23 collections. In the food stamp program, the non-federal share
261.24 of recoveries in the federal tax refund offset program (FTROP)
261.25 only will be divided equally between the state agency and the
261.26 involved county agency.
261.27 Sec. 5. Minnesota Statutes 1996, section 256.045,
261.28 subdivision 3, is amended to read:
261.29 Subd. 3. [STATE AGENCY HEARINGS.] (a) State agency
261.30 hearings are available for the following: (1) any person
261.31 applying for, receiving or having received public assistance,
261.32 medical care, or a program of social services granted by the
261.33 state agency or a county agency under sections 252.32, 256.031
261.34 to 256.036, and 256.72 to 256.879, chapters 256B, 256D, 256E,
261.35 261, or the federal Food Stamp Act whose application for
261.36 assistance is denied, not acted upon with reasonable promptness,
262.1 or whose assistance is suspended, reduced, terminated, or
262.2 claimed to have been incorrectly paid; (2) any patient or
262.3 relative aggrieved by an order of the commissioner under section
262.4 252.27; (3) a party aggrieved by a ruling of a prepaid health
262.5 plan; (4) any individual or facility determined by a lead agency
262.6 to have maltreated a vulnerable adult under section 626.557
262.7 after they have exercised their right to administrative
262.8 reconsideration under section 626.557; (5) any person whose
262.9 claim for foster care payment pursuant according to a placement
262.10 of the child resulting from a child protection assessment under
262.11 section 626.556 is denied or not acted upon with reasonable
262.12 promptness, regardless of funding source; (6) any person to whom
262.13 a right of appeal pursuant according to this section is given by
262.14 other provision of law; or (7) an applicant aggrieved by an
262.15 adverse decision to an application for a hardship waiver under
262.16 section 256B.15. The failure to exercise the right to an
262.17 administrative reconsideration shall not be a bar to a hearing
262.18 under this section if federal law provides an individual the
262.19 right to a hearing to dispute a finding of maltreatment.
262.20 Individuals and organizations specified in this section may
262.21 contest the specified action, decision, or final disposition
262.22 before the state agency by submitting a written request for a
262.23 hearing to the state agency within 30 days after receiving
262.24 written notice of the action, decision, or final disposition, or
262.25 within 90 days of such written notice if the applicant,
262.26 recipient, patient, or relative shows good cause why the request
262.27 was not submitted within the 30-day time limit.
262.28 The hearing for an individual or facility under clause (4)
262.29 is the only administrative appeal to the final lead agency
262.30 disposition specifically, including a challenge to the accuracy
262.31 and completeness of data under section 13.04. Hearings
262.32 requested under clause (4) apply only to incidents of
262.33 maltreatment that occur on or after October 1, 1995. Hearings
262.34 requested by nursing assistants in nursing homes alleged to have
262.35 maltreated a resident prior to October 1, 1995, shall be held as
262.36 a contested case proceeding under the provisions of chapter 14.
263.1 For purposes of this section, bargaining unit grievance
263.2 procedures are not an administrative appeal.
263.3 The scope of hearings involving claims to foster care
263.4 payments under clause (5) shall be limited to the issue of
263.5 whether the county is legally responsible for a child's
263.6 placement under court order or voluntary placement agreement
263.7 and, if so, the correct amount of foster care payment to be made
263.8 on the child's behalf and shall not include review of the
263.9 propriety of the county's child protection determination or
263.10 child placement decision.
263.11 (b) Except for a prepaid health plan, a vendor of medical
263.12 care as defined in section 256B.02, subdivision 7, or a vendor
263.13 under contract with a county agency to provide social services
263.14 under section 256E.08, subdivision 4, is not a party and may not
263.15 request a hearing under this section, except if assisting a
263.16 recipient as provided in subdivision 4.
263.17 (c) An applicant or recipient is not entitled to receive
263.18 social services beyond the services included in the amended
263.19 community social services plan developed under section 256E.081,
263.20 subdivision 3, if the county agency has met the requirements in
263.21 section 256E.081.
263.22 (d) The commissioner may summarily affirm the county or
263.23 state agency's proposed action without a hearing when the sole
263.24 issue is an automatic change due to a change in state or federal
263.25 law.
263.26 Sec. 6. Minnesota Statutes 1996, section 256.046, is
263.27 amended to read:
263.28 256.046 [ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS.]
263.29 Subdivision 1. [HEARING AUTHORITY.] A local agency may
263.30 shall initiate an administrative fraud disqualification hearing
263.31 for individuals accused of wrongfully obtaining assistance or
263.32 intentional program violations, in lieu of a criminal action, in
263.33 the aid to families with dependent children in effect until
263.34 January 1, 1998, MFIP-S, child care, general assistance, family
263.35 general assistance, Minnesota supplemental aid, medical care, or
263.36 food stamp programs. The hearing is subject to the requirements
264.1 of section 256.045 and the requirements in Code of Federal
264.2 Regulations, title 7, section 273.16, for the food stamp program
264.3 and title 45, section 235.112, as of September 30, 1995, for the
264.4 aid to families with dependent children program cash grant and
264.5 medical care programs.
264.6 Subd. 2. [COMBINED HEARING.] The referee may combine a
264.7 fair hearing and administrative fraud disqualification hearing
264.8 into a single hearing if the factual issues arise out of the
264.9 same, or related, circumstances and the individual receives
264.10 prior notice that the hearings will be combined. If the
264.11 administrative fraud disqualification hearing and fair hearing
264.12 are combined, the time frames for administrative fraud
264.13 disqualification hearings set forth specified in Code of Federal
264.14 Regulations, title 7, section 273.16, and title 45, section
264.15 235.112, as of September 30, 1995, apply. If the individual
264.16 accused of wrongfully obtaining assistance is charged under
264.17 section 256.98 for the same act or acts which are the subject of
264.18 the hearing, the individual may request that the hearing be
264.19 delayed until the criminal charge is decided by the court or
264.20 withdrawn.
264.21 Sec. 7. [256.0471] [OVERPAYMENTS BECOME JUDGMENTS BY
264.22 OPERATION OF LAW.]
264.23 Subdivision 1. [QUALIFYING OVERPAYMENT.] Any overpayment
264.24 for assistance granted under sections 256.031 to 256.0361,
264.25 256.72 to 256.871, and 256H.05; chapters 256B, 256D, 256I, 256J,
264.26 and 256K; and the food stamp program, except agency error
264.27 claims, becomes a judgment by operation of law 90 days after the
264.28 notice of overpayment is personally served upon the recipient in
264.29 a manner that is sufficient under rule 4.03(a) of the Rules of
264.30 Civil Procedure or by certified mail, return receipt requested.
264.31 This judgment shall be entitled to full faith and credit in this
264.32 and any other state.
264.33 Subd. 2. [OVERPAYMENTS INCLUDED.] This section is limited
264.34 to overpayments for which notification is issued within the time
264.35 period specified under section 541.05.
264.36 Subd. 3. [NOTIFICATION REQUIREMENTS.] A judgment is only
265.1 obtained after:
265.2 (1) a notice of overpayment has been personally served on
265.3 the recipient or former recipient in a manner sufficient under
265.4 rule 4.03(a) of the Rules of Civil Procedure for district
265.5 courts, or mailed to the recipient or former recipient by
265.6 certified mail, return receipt requested; and
265.7 (2) the time period under section 256.045, subdivision 3,
265.8 has elapsed without a request for a hearing, or a hearing
265.9 decision has been rendered under section 256.045 or 256.046
265.10 which concludes the existence of an overpayment that meets the
265.11 requirements of this section.
265.12 Subd. 4. [NOTICE OF OVERPAYMENT.] The notice of
265.13 overpayment shall include the amount and cause of the
265.14 overpayment, appeal rights, and an explanation of the
265.15 consequences of the judgment that will be established if an
265.16 appeal is not filed timely or if the administrative hearing
265.17 decision establishes that there is an overpayment which
265.18 qualifies for judgment.
265.19 Subd. 5. [JUDGMENTS ENTERED AND DOCKETED.] A judgment
265.20 shall be entered and docketed under section 548.09 only after at
265.21 least three months have elapsed since:
265.22 (1) the notice of overpayment was served on the recipient
265.23 under subdivision 3; and
265.24 (2) the last time a monthly recoupment was applied to the
265.25 overpayment.
265.26 Subd. 6. [DOCKETING OF OVERPAYMENTS.] On or after the date
265.27 an unpaid overpayment becomes a judgment by operation of law
265.28 under subdivision 1, the agency or public authority may file
265.29 with the court administrator:
265.30 (1) a statement identifying, or a copy of, the overpayment
265.31 notice which provides for an appeal process and requires payment
265.32 of the overpayment;
265.33 (2) proof of service of the notice of overpayment;
265.34 (3) an affidavit of default, stating the full name,
265.35 occupation, place of residence, and last name of the debtor; the
265.36 name and post office address of the agency or public authority;
266.1 the date or dates the overpayment was incurred; the program that
266.2 was overpaid; and the total amount of the judgment; and
266.3 (4) an affidavit of service of a notice of entry of
266.4 judgment made by first class mail at the address where the
266.5 debtor was served with the notice of overpayment. Service is
266.6 completed upon mailing in the manner designated.
266.7 Subd. 7. [DOES NOT IMPEDE OTHER METHODS.] Nothing in this
266.8 section shall be construed to impede or restrict alternative
266.9 recovery methods for these overpayments or overpayments which do
266.10 not meet the requirements of this section.
266.11 Sec. 8. Minnesota Statutes 1996, section 256.98,
266.12 subdivision 1, is amended to read:
266.13 Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person
266.14 who commits any of the following acts or omissions with intent
266.15 to defeat the purposes of sections 145.891 to 145.897, 256.12,
266.16 256.031 to 256.0361, 256.72 to 256.871, 256.9351 to 256.966,
266.17 child care, MFIP-S, chapter 256B, 256D, 256J, or 256K, or all of
266.18 these sections, is guilty of theft and shall be sentenced under
266.19 section 609.52, subdivision 3, clauses (1) to (5):
266.20 (1) obtains, or attempts to obtain, or aids or abets any
266.21 person to obtain by means of a willfully false statement or
266.22 representation, by intentional concealment of a any material
266.23 fact, or by impersonation or other fraudulent device, assistance
266.24 or the continued receipt of assistance, including, but not
266.25 limited to, child care or vouchers produced according to
266.26 sections 145.891 to 145.897 and MinnesotaCare services according
266.27 to sections 256.9351 to 256.966, to which the person is not
266.28 entitled or assistance greater than that to which the person is
266.29 entitled, or who; or
266.30 (2) knowingly aids or abets in buying or in any way
266.31 disposing of the property of a recipient or applicant of
266.32 assistance without the consent of the county agency with intent
266.33 to defeat the purposes of sections 256.12, 256.031 to 256.0361,
266.34 256.72 to 256.871, and chapter 256B, or all of these sections is
266.35 guilty of theft and shall be sentenced pursuant to section
266.36 609.52, subdivision 3, clauses (2), (3)(a) and (c), (4), and (5).
267.1 The continued receipt of assistance to which the person is
267.2 not entitled or greater than that to which the person is
267.3 entitled as a result of any of the acts, failure to act, or
267.4 concealment described in this subdivision shall be deemed to be
267.5 continuing offenses from the date that the first act or failure
267.6 to act occurred.
267.7 Sec. 9. Minnesota Statutes 1996, section 256.98,
267.8 subdivision 4, is amended to read:
267.9 Subd. 4. [RECOVERY OF ASSISTANCE.] The amount of
267.10 assistance determined to have been incorrectly paid is
267.11 recoverable from:
267.12 (1) the recipient or the recipient's estate by the county
267.13 or the state as a debt due the county or the state or both in
267.14 proportion to the contribution of each.; and
267.15 (2) any person found to have taken independent action to
267.16 establish eligibility for, conspired with, or aided and abetted,
267.17 any recipient of public assistance found to have been
267.18 incorrectly paid.
267.19 Sec. 10. Minnesota Statutes 1996, section 256.98,
267.20 subdivision 8, is amended to read:
267.21 Subd. 8. [DISQUALIFICATION FROM PROGRAM.] Any person found
267.22 to be guilty of wrongfully obtaining assistance by a federal or
267.23 state court or by an administrative hearing determination, or
267.24 waiver thereof, through a disqualification consent agreement, or
267.25 as part of any approved diversion plan under section 401.065, or
267.26 any court ordered stay which carries with it any probationary or
267.27 other conditions, in the aid to families with dependent children
267.28 program in effect until January 1, 1998, the Minnesota family
267.29 assistance program-statewide, the food stamp program, the
267.30 Minnesota family investment plan, child care program, the
267.31 general assistance or family general assistance program, or the
267.32 Minnesota supplemental aid program, or the work readiness
267.33 program shall be disqualified from that program. The needs of
267.34 that individual shall not be taken into consideration in
267.35 determining the grant level for that assistance unit:
267.36 (1) for six months one year after the first offense;
268.1 (2) for 12 months two years after the second offense; and
268.2 (3) permanently after the third or subsequent offense.
268.3 The period of program disqualification shall begin on the
268.4 date stipulated on the advance notice of disqualification
268.5 without possibility of postponement for administrative stay or
268.6 administrative hearing and shall continue through completion
268.7 unless and until the findings upon which the sanctions were
268.8 imposed are reversed by a court of competent jurisdiction. The
268.9 period for which sanctions are imposed is not subject to
268.10 review. The sanctions provided under this subdivision are in
268.11 addition to, and not in substitution for, any other sanctions
268.12 that may be provided for by law for the offense involved. A
268.13 disqualification established through hearing or waiver shall
268.14 result in the disqualification period beginning immediately
268.15 unless the person has become otherwise ineligible for
268.16 assistance. If the person is ineligible for assistance, the
268.17 disqualification period begins when the person again meets the
268.18 eligibility criteria of the program from which they were
268.19 disqualified and makes application for that program.
268.20 Sec. 11. Minnesota Statutes 1996, section 256.983,
268.21 subdivision 1, is amended to read:
268.22 Subdivision 1. [PROGRAMS ESTABLISHED.] Within the limits
268.23 of available appropriations, and to the extent required or
268.24 authorized by applicable federal regulations, the commissioner
268.25 of human services shall require the establishment maintenance of
268.26 budget neutral fraud prevention investigation programs in the
268.27 seven counties participating in the fraud prevention
268.28 investigation pilot project established under this section, and
268.29 in 11 additional Minnesota counties with the largest aid to
268.30 families with dependent children program caseloads as of July 1,
268.31 1991. If funds are sufficient, the commissioner may also extend
268.32 fraud prevention investigation programs to: (1) other
268.33 counties that have welfare fraud control programs already in
268.34 place based on enhanced funding contracts covering the fraud
268.35 investigation function; and (2) counties that have the largest
268.36 AFDC caseloads as of July 1, 1994, and are not currently
269.1 participating in the fraud prevention investigation pilot
269.2 project. The pilot project may be expanded provided the
269.3 expansion is budget neutral to the state.
269.4 Sec. 12. Minnesota Statutes 1996, section 256.983,
269.5 subdivision 4, is amended to read:
269.6 Subd. 4. [FUNDING.] (a) Every involved county agency shall
269.7 either have in place or obtain an approved contract which meets
269.8 all federal requirements necessary to obtain enhanced federal
269.9 funding for its welfare fraud control and fraud prevention
269.10 investigation programs. County agency reimbursement shall be
269.11 made through the settlement provisions applicable to the aid to
269.12 families with dependent children and program in effect until
269.13 January 1, 1998, food stamp programs program, Minnesota family
269.14 investment program-statewide, and medical assistance program and
269.15 other federal and state funded programs.
269.16 (b) After allowing an opportunity to establish compliance,
269.17 The commissioner will deny administrative reimbursement maintain
269.18 program compliance if for any three-month three consecutive
269.19 month period during any grant year, a county agency fails to
269.20 comply with fraud prevention investigation program guidelines,
269.21 or fails to meet the cost-effectiveness standards developed by
269.22 the commissioner. This result is contingent on the commissioner
269.23 providing written notice, including an offer of technical
269.24 assistance, within 30 days of the end of the third or subsequent
269.25 month of noncompliance. The county agency shall be required to
269.26 submit a corrective action plan to the commissioner within 30
269.27 days of receipt of a notice of noncompliance. Failure to submit
269.28 a corrective action plan or, continued deviation from standards
269.29 of more than ten percent after submission of a corrective action
269.30 plan, will result in denial of funding for each subsequent month
269.31 during the grant year, or billing the county agency for fraud
269.32 prevention investigation (FPI) service provided by the
269.33 commissioner or reallocation of program grant funds, or
269.34 investigative resources, or both, to other counties. The denial
269.35 of funding shall apply to the general settlement received by the
269.36 county agency on a quarterly basis and shall not reduce the
270.1 grant amount applicable to the FPI project.
270.2 Sec. 13. Minnesota Statutes 1996, section 256.984,
270.3 subdivision 1, is amended to read:
270.4 Subdivision 1. [DECLARATION.] Every application for public
270.5 assistance under this chapter or chapters 256B, 256D, 256K, or
270.6 MFIP-S or food stamps under chapter 393 shall be in writing or
270.7 reduced to writing as prescribed by the state agency and shall
270.8 contain the following declaration which shall be signed by the
270.9 applicant:
270.10 "I declare under the penalties of perjury that this
270.11 application has been examined by me and to the best of my
270.12 knowledge is a true and correct statement of every material
270.13 point. I understand that a person convicted of perjury may
270.14 be sentenced to imprisonment of not more than five years or
270.15 to payment of a fine of not more than $10,000, or both."
270.16 Sec. 14. Minnesota Statutes 1996, section 256.986, is
270.17 amended to read:
270.18 256.986 [COUNTY COORDINATION OF FRAUD CONTROL ACTIVITIES.]
270.19 (a) The county agency shall prepare and submit to the
270.20 commissioner of human services by January 1 April 30 of each
270.21 state fiscal year a plan to coordinate county duties related to
270.22 the prevention, investigation, and prosecution of fraud in
270.23 public assistance programs. Plans may be submitted on a
270.24 voluntary basis prior to January 1, 1996. Each county must
270.25 submit its first annual plan prior to January 1, 1997 April 30,
270.26 1998.
270.27 (b) Within the limits of appropriations specifically made
270.28 available for this purpose, the commissioner may make grants to
270.29 counties submitting plans under paragraph (a) to implement
270.30 coordination activities.
270.31 Sec. 15. Minnesota Statutes 1996, section 256.9861,
270.32 subdivision 1, is amended to read:
270.33 Subdivision 1. [PROGRAM ESTABLISHED.] Within the limits of
270.34 available state and federal appropriations, and to the extent
270.35 required or authorized by applicable federal regulations, the
270.36 commissioner of human services shall make funding available to
271.1 county agencies for the establishment of program integrity
271.2 reinvestment initiatives. The project shall initially be
271.3 limited to those county agencies participating in federally
271.4 funded optional fraud control programs as of January 1,
271.5 1995 fraud control efforts and require the maintenance of county
271.6 efforts and financial contribution that were in place during
271.7 fiscal year 1996.
271.8 Sec. 16. Minnesota Statutes 1996, section 256.9861,
271.9 subdivision 2, is amended to read:
271.10 Subd. 2. [COUNTY PROPOSALS.] Each included county shall
271.11 develop and submit annual funding, staffing, and operating grant
271.12 proposals to the commissioner no later than April 30 of each
271.13 year for the purpose of allocating federal and state funding and
271.14 appropriations. For the first operating year only, the proposal
271.15 shall be submitted no later than October 30. Each proposal
271.16 shall provide information on:
271.17 (1) the staffing and funding of the fraud investigation and
271.18 prosecution operations;
271.19 (2) job descriptions for agency fraud control staff;
271.20 (3) contracts covering outside investigative agencies;
271.21 (4) operational methods to integrate the use of fraud
271.22 prevention investigation techniques; and
271.23 (5) implementation and utilization of administrative
271.24 disqualification hearings and diversions into by the existing
271.25 county fraud control and prosecution procedures.
271.26 Sec. 17. Minnesota Statutes 1996, section 256.9861,
271.27 subdivision 4, is amended to read:
271.28 Subd. 4. [STANDARDS.] The commissioner shall, after
271.29 consultation with the involved counties, establish standards
271.30 governing the performance levels of involved county
271.31 investigative units based on grant agreements negotiated with
271.32 the involved county agencies. The standards shall take into
271.33 consideration and may include investigative caseloads, grant
271.34 savings levels, the comparison of fraud prevention and
271.35 prosecution directed investigations, utilization levels of
271.36 administrative disqualification hearings, the timely reporting
272.1 and implementation of disqualifications, and the timeliness
272.2 of the submission of statistical reports received from
272.3 prosecutors.
272.4 Sec. 18. Minnesota Statutes 1996, section 256.9861,
272.5 subdivision 5, is amended to read:
272.6 Subd. 5. [FUNDING.] (a) Grant funds are intended to help
272.7 offset the reduction in federal financial participation to 50
272.8 percent and may be apportioned to the participating counties
272.9 whenever feasible, and within the commissioner's discretion, to
272.10 achieve this goal. State funding shall be made available
272.11 contingent on counties submitting a plan that is approved by the
272.12 department of human services. Failure or delay in obtaining
272.13 that approval shall not, however, eliminate the obligation to
272.14 maintain fraud control efforts at the January 1, 1995 June 30,
272.15 1996, level. Additional counties may be added to the project to
272.16 the extent that funds are subsequently made available. Every
272.17 involved county must meet all federal requirements necessary to
272.18 obtain federal funding for its welfare fraud control and
272.19 prevention programs. County agency reimbursement shall be made
272.20 through the settlement provisions applicable to the AFDC and
272.21 MFIP-S, food stamp and medical assistance programs.
272.22 (b) Should a county agency fail to comply with the
272.23 standards set, or fail to meet cost-effectiveness standards
272.24 developed by the commissioner for three months during any grant
272.25 year any three-month period, the commissioner shall deny
272.26 reimbursement or administrative costs, after allowing an
272.27 opportunity to establish compliance.
272.28 (c) Any denial of reimbursement under paragraph (b) is
272.29 contingent on the commissioner providing written notice,
272.30 including an offer of technical assistance, within 30 days of
272.31 the end of the third or subsequent months of noncompliance. The
272.32 county agency shall be required to submit a corrective action
272.33 plan to the commissioner within 30 days of receipt of a notice
272.34 of noncompliance. Failure to submit a corrective action plan or
272.35 continued deviation from standards of more than ten percent
272.36 after submission of corrective action plan, will result in
273.1 denial of funding for each such month during the grant year, or
273.2 billing of the county agency for program integrity reinvestment
273.3 project services provided by the commissioner or reallocation of
273.4 grant funds to other counties. The denial of funding shall
273.5 apply to the general settlement received by the county agency on
273.6 a quarterly basis and shall not reduce the grant amount
273.7 applicable to the program integrity reinvestment project.
273.8 Sec. 19. [256.9863] [ASSISTANCE TRANSACTION CARD;
273.9 PRESUMPTION OF RECEIPT OF BENEFITS.]
273.10 Any person in whose name an assistance transaction card has
273.11 been issued shall be presumed to have received the benefit of
273.12 all transactions involving that card. This presumption applies
273.13 in all situations unless the card in question has been reported
273.14 lost or stolen by the cardholder. This presumption may be
273.15 overcome by a preponderance of evidence indicating that the card
273.16 was neither used by nor with the consent of the cardholder.
273.17 Overcoming this presumption does not create any new or
273.18 additional payment obligation not otherwise established in law,
273.19 rule, or regulation.
273.20 Sec. 20. [256.9864] [REPORTS BY RECIPIENT.]
273.21 (a) An assistance unit with a recent work history or with
273.22 earned income shall report monthly to the county agency on
273.23 income received and other circumstances affecting eligibility or
273.24 assistance amounts. All other assistance units shall report on
273.25 income and other circumstances affecting eligibility and
273.26 assistance amounts as specified by the state agency.
273.27 (b) An assistance unit required to submit a report on the
273.28 form designated by the commissioner and within ten days of the
273.29 due date or the date of the significant change, whichever is
273.30 later, or otherwise report significant changes which would
273.31 affect eligibility or assistance amounts, is considered to have
273.32 continued its application for assistance effective the date the
273.33 required report is received by the county agency, if a complete
273.34 report is received within a calendar month in which assistance
273.35 was received, except that no assistance shall be paid for the
273.36 period beginning with the end of the month in which the report
274.1 was due and ending with the date the report was received by the
274.2 county agency.
274.3 Sec. 21. [256.9865] [RECOVERY OF OVERPAYMENTS AND ATM
274.4 ERRORS.]
274.5 Subdivision 1. [OBLIGATION TO RECOVER.] If an amount of
274.6 MFIP-S assistance is paid to a recipient in excess of the
274.7 payment due, it shall be recoverable by the county agency. This
274.8 recovery authority also extends to preexisting claims or newly
274.9 discovered claims established under the AFDC program in effect
274.10 on January 1, 1997. The agency shall give written notice to the
274.11 recipient of its intention to recover the overpayment. County
274.12 agency efforts and financial contributions shall be maintained
274.13 at the level in place during fiscal year 1996.
274.14 Subd. 2. [VOLUNTARY REPAYMENTS.] Overpayments may also be
274.15 voluntarily repaid, in part or in full, by the individual, in
274.16 addition to the aid reductions in subdivision 2, to include
274.17 further voluntary reductions in the grant level agreed to in
274.18 writing by the individual, until the total amount of the
274.19 overpayment is repaid.
274.20 Subd. 3. [CLOSED CASE RECOVERIES.] The county agency shall
274.21 make reasonable efforts to recover overpayments to persons no
274.22 longer on assistance according to standards adopted by rule by
274.23 the commissioner of human services. The county agency need not
274.24 attempt to recover overpayments of less than $35 paid to an
274.25 individual no longer on assistance unless the individual has
274.26 been convicted of fraud under section 256.98.
274.27 Sec. 22. [256.9866] [COMMUNITY SERVICE AS A COUNTY
274.28 OBLIGATION.]
274.29 Community service shall be an acceptable sentencing option
274.30 but shall not reduce the state or federal share of any amount to
274.31 be repaid or any subsequent recovery. Any reduction or offset
274.32 of any such amount ordered by a court shall be treated as
274.33 follows:
274.34 (1) any reduction in an overpayment amount, to include the
274.35 amount ordered as restitution, shall not reduce the underlying
274.36 amount established as an overpayment by the state or county
275.1 agency;
275.2 (2) total overpayments shall continue as a debt owed and
275.3 may be recovered by any civil or administrative means otherwise
275.4 available to the state or county agency; and
275.5 (3) any amount ordered to be offset against any overpayment
275.6 shall be deducted from the county share only of any recovery and
275.7 shall be based on the prevailing state minimum wage. To the
275.8 extent that any deduction is in fact made against any state or
275.9 county share, it shall be reimbursed from the county share of
275.10 payments to be made under section 256.025.
275.11 Sec. 23. Minnesota Statutes 1996, section 256D.09,
275.12 subdivision 6, is amended to read:
275.13 Subd. 6. [RECOVERY OF OVERPAYMENTS.] (a) If an amount of
275.14 general assistance or family general assistance is paid to a
275.15 recipient in excess of the payment due, it shall be recoverable
275.16 by the county agency. The agency shall give written notice to
275.17 the recipient of its intention to recover the overpayment.
275.18 (b) When an overpayment occurs, the county agency shall
275.19 recover the overpayment from a current recipient by reducing the
275.20 amount of aid payable to the assistance unit of which the
275.21 recipient is a member, for one or more monthly assistance
275.22 payments, until the overpayment is repaid. All county agencies
275.23 in the state shall reduce the assistance payment by three
275.24 percent of the assistance unit's standard of need in nonfraud
275.25 cases and ten percent where fraud has occurred, or the amount of
275.26 the monthly payment, whichever is less, for all overpayments.
275.27 whether or not the overpayment is due solely to agency error.
275.28 The amount of this reduction is ten percent, if the overpayment
275.29 is due solely to having wrongfully obtained assistance, whether
275.30 based on:
275.31 (1) a court order;
275.32 (2) the finding of an administrative fraud disqualification
275.33 hearing or the waiver of such a hearing; or
275.34 (3) a confession or judgment containing an admission of an
275.35 intentional program violation.
275.36 (c) In cases when there is both an overpayment and
276.1 underpayment, the county agency shall offset one against the
276.2 other in correcting the payment.
276.3 (d) Overpayments may also be voluntarily repaid, in part or
276.4 in full, by the individual, in addition to the aid reductions
276.5 provided in this subdivision, to include further voluntary
276.6 reductions in the grant level agreed to in writing by the
276.7 individual, until the total amount of the overpayment is repaid.
276.8 (e) The county agency shall make reasonable efforts to
276.9 recover overpayments to persons no longer on assistance under
276.10 standards adopted in rule by the commissioner of human
276.11 services. The county agency need not attempt to recover
276.12 overpayments of less than $35 paid to an individual no longer on
276.13 assistance if the individual does not receive assistance again
276.14 within three years, unless the individual has been convicted of
276.15 violating section 256.98.
276.16 Sec. 24. Minnesota Statutes 1996, section 270A.03,
276.17 subdivision 5, is amended to read:
276.18 Subd. 5. [DEBT.] "Debt" means a legal obligation of a
276.19 natural person to pay a fixed and certain amount of money, which
276.20 equals or exceeds $25 and which is due and payable to a claimant
276.21 agency. The term includes criminal fines imposed under section
276.22 609.10 or 609.125 and restitution. A debt may arise under a
276.23 contractual or statutory obligation, a court order, or other
276.24 legal obligation, but need not have been reduced to judgment.
276.25 A debt does not include includes any legal obligation of a
276.26 current recipient of assistance which is based on overpayment of
276.27 an assistance grant where that payment is based on a client
276.28 waiver or an administrative or judicial finding of an
276.29 intentional program violation, or where the debt is owed to a
276.30 program wherein the debtor is not a client at the time
276.31 notification is provided to initiate recovery under this chapter.
276.32 A debt does not include any legal obligation to pay a
276.33 claimant agency for medical care, including hospitalization if
276.34 the income of the debtor at the time when the medical care was
276.35 rendered does not exceed the following amount:
276.36 (1) for an unmarried debtor, an income of $6,400 or less;
277.1 (2) for a debtor with one dependent, an income of $8,200 or
277.2 less;
277.3 (3) for a debtor with two dependents, an income of $9,700
277.4 or less;
277.5 (4) for a debtor with three dependents, an income of
277.6 $11,000 or less;
277.7 (5) for a debtor with four dependents, an income of $11,600
277.8 or less; and
277.9 (6) for a debtor with five or more dependents, an income of
277.10 $12,100 or less.
277.11 The income amounts in this subdivision shall be adjusted
277.12 for inflation for debts incurred in calendar years 1991 and
277.13 thereafter. The dollar amount of each income level that applied
277.14 to debts incurred in the prior year shall be increased in the
277.15 same manner as provided in section 290.06, subdivision 2d, for
277.16 the expansion of the tax rate brackets.
277.17 Sec. 25. Minnesota Statutes 1996, section 388.23,
277.18 subdivision 1, is amended to read:
277.19 Subdivision 1. [AUTHORITY.] The county attorney, or any
277.20 deputy or assistant county attorney whom the county attorney
277.21 authorizes in writing, has the authority to subpoena and require
277.22 the production of any records of telephone companies, cellular
277.23 phone companies, paging companies, electric companies, gas
277.24 companies, water utilities, chemical suppliers, hotels and
277.25 motels, pawn shops, airlines, buses, taxis, and other entities
277.26 engaged in the business of transporting people, and freight
277.27 companies, warehousing companies, self-service storage
277.28 facilities, package delivery companies, and other entities
277.29 engaged in the businesses of transport, storage, or delivery,
277.30 and records of the existence of safe deposit box account numbers
277.31 and customer savings and checking account numbers maintained by
277.32 financial institutions and safe deposit companies, insurance
277.33 records relating to the monetary payment or settlement of
277.34 claims, and wage and employment records of an applicant or
277.35 recipient of public assistance who is the subject of a welfare
277.36 fraud investigation relating to eligibility information for
278.1 public assistance programs. Subpoenas may only be issued for
278.2 records that are relevant to an ongoing legitimate law
278.3 enforcement investigation. Administrative subpoenas may only be
278.4 issued in welfare fraud cases if there is probable cause to
278.5 believe a crime has been committed. This provision applies only
278.6 to the records of business entities and does not extend to
278.7 private individuals or their dwellings. Subpoenas may only be
278.8 served by peace officers as defined by section 626.84,
278.9 subdivision 1, paragraph (c).
278.10 Sec. 26. Minnesota Statutes 1996, section 393.07,
278.11 subdivision 10, is amended to read:
278.12 Subd. 10. [FEDERAL FOOD STAMP PROGRAM AND THE MATERNAL AND
278.13 CHILD NUTRITION ACT.] (a) The local social services agency shall
278.14 establish and administer the food stamp program pursuant
278.15 according to rules of the commissioner of human services, the
278.16 supervision of the commissioner as specified in section 256.01,
278.17 and all federal laws and regulations. The commissioner of human
278.18 services shall monitor food stamp program delivery on an ongoing
278.19 basis to ensure that each county complies with federal laws and
278.20 regulations. Program requirements to be monitored include, but
278.21 are not limited to, number of applications, number of approvals,
278.22 number of cases pending, length of time required to process each
278.23 application and deliver benefits, number of applicants eligible
278.24 for expedited issuance, length of time required to process and
278.25 deliver expedited issuance, number of terminations and reasons
278.26 for terminations, client profiles by age, household composition
278.27 and income level and sources, and the use of phone certification
278.28 and home visits. The commissioner shall determine the
278.29 county-by-county and statewide participation rate.
278.30 (b) On July 1 of each year, the commissioner of human
278.31 services shall determine a statewide and county-by-county food
278.32 stamp program participation rate. The commissioner may
278.33 designate a different agency to administer the food stamp
278.34 program in a county if the agency administering the program
278.35 fails to increase the food stamp program participation rate
278.36 among families or eligible individuals, or comply with all
279.1 federal laws and regulations governing the food stamp program.
279.2 The commissioner shall review agency performance annually to
279.3 determine compliance with this paragraph.
279.4 (c) A person who commits any of the following acts has
279.5 violated section 256.98 or 609.821, or both, and is subject to
279.6 both the criminal and civil penalties provided under those
279.7 sections:
279.8 (1) obtains or attempts to obtain, or aids or abets any
279.9 person to obtain by means of a willfully false willful statement
279.10 or representation misrepresentation, or intentional concealment
279.11 of a material fact, food stamps or vouchers issued according to
279.12 sections 145.891 to 145.897 to which the person is not entitled
279.13 or in an amount greater than that to which that person is
279.14 entitled or which specify nutritional supplements to which that
279.15 person is not entitled; or
279.16 (2) presents or causes to be presented, coupons or vouchers
279.17 issued according to sections 145.891 to 145.897 for payment or
279.18 redemption knowing them to have been received, transferred or
279.19 used in a manner contrary to existing state or federal law; or
279.20 (3) willfully uses, possesses, or transfers food stamp
279.21 coupons or, authorization to purchase cards or vouchers issued
279.22 according to sections 145.891 to 145.897 in any manner contrary
279.23 to existing state or federal law, rules, or regulations; or
279.24 (4) buys or sells food stamp coupons, authorization to
279.25 purchase cards or, other assistance transaction devices,
279.26 vouchers issued according to sections 145.891 to 145.897, or any
279.27 food obtained through the redemption of vouchers issued
279.28 according to sections 145.891 to 145.897 for cash or
279.29 consideration other than eligible food.
279.30 (d) A peace officer or welfare fraud investigator may
279.31 confiscate food stamps, authorization to purchase cards, or
279.32 other assistance transaction devices found in the possession of
279.33 any person who is neither a recipient of the food stamp program
279.34 nor otherwise authorized to possess and use such materials.
279.35 Confiscated property shall be disposed of as the commissioner
279.36 may direct and consistent with state and federal food stamp
280.1 law. The confiscated property must be retained for a period of
280.2 not less than 30 days to allow any affected person to appeal the
280.3 confiscation under section 256.045.
280.4 (e) Food stamp overpayment claims which are due in whole or
280.5 in part to client error shall be established by the county
280.6 agency for a period of six years from the date of any resultant
280.7 overpayment.
280.8 (f) With regard to the federal tax revenue offset program
280.9 only, recovery incentives authorized by the federal food and
280.10 consumer service shall be retained at the rate of 50 percent by
280.11 the state agency and 50 percent by the certifying county agency.
280.12 (g) A peace officer, welfare fraud investigator, federal
280.13 law enforcement official, or the commissioner of health may
280.14 confiscate vouchers found in the possession of any person who is
280.15 neither issued vouchers under sections 145.891 to 145.897, nor
280.16 otherwise authorized to possess and use such vouchers.
280.17 Confiscated property shall be disposed of as the commissioner of
280.18 health may direct and consistent with state and federal law.
280.19 The confiscated property must be retained for a period of not
280.20 less than 30 days.
280.21 Sec. 27. [FUNDING AVAILABILITY.]
280.22 Unexpended funds appropriated for the provision of program
280.23 integrity activities for fiscal year 1998 will also be available
280.24 to the commissioner to fund fraud prevention and control
280.25 initiatives and do not cancel but are available to the
280.26 commissioner for these purposes for fiscal year 1999.
280.27 Unexpended funds may be transferred between the fraud prevention
280.28 investigation program and fraud control programs to promote the
280.29 provisions of sections 256.983 and 256.9861.
280.30 Sec. 28. [UNDOCUMENTED PERSONS NOTIFICATION.]
280.31 County agencies in consultation with the department of
280.32 human services shall provide notification to undocumented
280.33 persons regarding the release of personal data and develop
280.34 protocols regarding the release or sharing of data about
280.35 undocumented persons with the Immigration and Naturalization
280.36 Service (INS) according to sections 404, 434, and 411A of the
281.1 Personal Responsibility and Work Opportunity Reconciliation Act
281.2 of 1996.
281.3 Sec. 29. [EFFECTIVE DATE.]
281.4 Sections 1 to 27 are effective July 1, 1997.