1.1                          A bill for an act 
  1.2             relating to health; establishing eligibility for 
  1.3             medical assistance for certain persons needing 
  1.4             treatment for breast or cervical cancer; appropriating 
  1.5             money; amending Minnesota Statutes 2000, sections 
  1.6             256B.057, by adding a subdivision; 256B.69, 
  1.7             subdivision 4; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 256B. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 256B.057, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 10.  [CERTAIN PERSONS NEEDING TREATMENT FOR BREAST OR 
  1.13  CERVICAL CANCER.] (a) Medical assistance may be paid for a 
  1.14  person who: 
  1.15     (1) has been screened for breast or cervical cancer under 
  1.16  the Centers for Disease Control and Prevention's national breast 
  1.17  and cervical cancer early detection program established under 
  1.18  United States Code, title 42, sections 300k et seq.; 
  1.19     (2) according to the person's treating health professional, 
  1.20  needs treatment, including diagnostic services necessary to 
  1.21  determine the extent and proper course of treatment, for breast 
  1.22  or cervical cancer, including precancerous conditions and early 
  1.23  stage cancer; 
  1.24     (3) meets the income eligibility guidelines for the 
  1.25  Minnesota breast and cervical cancer control program; 
  1.26     (4) is under age 65; 
  1.27     (5) is not otherwise eligible for medical assistance under 
  2.1   United States Code, title 42, section 1396(a)(10)(A)(i); and 
  2.2      (6) is not otherwise covered under creditable coverage, as 
  2.3   defined under United States Code, title 42, section 300gg(c). 
  2.4      (b) Medical assistance provided for an eligible person 
  2.5   under this subdivision shall be limited to services provided 
  2.6   during the period that the person receives treatment for breast 
  2.7   or cervical cancer. 
  2.8      (c) A person meeting the criteria in paragraph (a) is 
  2.9   eligible for medical assistance without meeting the eligibility 
  2.10  criteria relating to income and assets in section 256B.056, 
  2.11  subdivisions 1a to 5b. 
  2.12     Sec. 2.  [256B.0637] [PRESUMPTIVE ELIGIBILITY FOR CERTAIN 
  2.13  PERSONS NEEDING TREATMENT FOR BREAST OR CERVICAL CANCER.] 
  2.14     Medical assistance is available during a presumptive 
  2.15  eligibility period for persons who meet the criteria in section 
  2.16  256B.057, subdivision 10.  For purposes of this section, the 
  2.17  presumptive eligibility period begins on the date on which an 
  2.18  entity designated by the commissioner determines, based on 
  2.19  preliminary information, that the person meets the criteria in 
  2.20  section 256B.057, subdivision 10.  The presumptive eligibility 
  2.21  period ends on the day on which a determination is made as to 
  2.22  the person's eligibility, except that if an application is not 
  2.23  submitted by the last day of the month following the month 
  2.24  during which the determination based on preliminary information 
  2.25  is made, the presumptive eligibility period ends on that last 
  2.26  day of the month. 
  2.27     Sec. 3.  Minnesota Statutes 2000, section 256B.69, 
  2.28  subdivision 4, is amended to read: 
  2.29     Subd. 4.  [LIMITATION OF CHOICE.] The commissioner shall 
  2.30  develop criteria to determine when limitation of choice may be 
  2.31  implemented in the experimental counties.  The criteria shall 
  2.32  ensure that all eligible individuals in the county have 
  2.33  continuing access to the full range of medical assistance 
  2.34  services as specified in subdivision 6.  The commissioner shall 
  2.35  exempt the following persons from participation in the project, 
  2.36  in addition to those who do not meet the criteria for limitation 
  3.1   of choice:  
  3.2      (1) persons eligible for medical assistance according to 
  3.3   section 256B.055, subdivision 1; 
  3.4      (2) persons eligible for medical assistance due to 
  3.5   blindness or disability as determined by the social security 
  3.6   administration or the state medical review team, unless:  
  3.7      (i) they are 65 years of age or older,; or 
  3.8      (ii) they reside in Itasca county or they reside in a 
  3.9   county in which the commissioner conducts a pilot project under 
  3.10  a waiver granted pursuant to section 1115 of the Social Security 
  3.11  Act; 
  3.12     (3) recipients who currently have private coverage through 
  3.13  a health maintenance organization; 
  3.14     (4) recipients who are eligible for medical assistance by 
  3.15  spending down excess income for medical expenses other than the 
  3.16  nursing facility per diem expense; 
  3.17     (5) recipients who receive benefits under the Refugee 
  3.18  Assistance Program, established under United States Code, title 
  3.19  8, section 1522(e); 
  3.20     (6) children who are both determined to be severely 
  3.21  emotionally disturbed and receiving case management services 
  3.22  according to section 256B.0625, subdivision 20; and 
  3.23     (7) adults who are both determined to be seriously and 
  3.24  persistently mentally ill and received case management services 
  3.25  according to section 256B.0625, subdivision 20; and 
  3.26     (8) persons eligible for medical assistance according to 
  3.27  section 256B.057, subdivision 10.  
  3.28  Children under age 21 who are in foster placement may enroll in 
  3.29  the project on an elective basis.  Individuals excluded under 
  3.30  clauses (6) and (7) may choose to enroll on an elective basis.  
  3.31  The commissioner may allow persons with a one-month spenddown 
  3.32  who are otherwise eligible to enroll to voluntarily enroll or 
  3.33  remain enrolled, if they elect to prepay their monthly spenddown 
  3.34  to the state.  Beginning on or after July 1, 1997, The 
  3.35  commissioner may require those individuals to enroll in the 
  3.36  prepaid medical assistance program who otherwise would have been 
  4.1   excluded under clauses (1) and, (3), and (8), and under 
  4.2   Minnesota Rules, part 9500.1452, subpart 2, items H, K, and L.  
  4.3   Before limitation of choice is implemented, eligible individuals 
  4.4   shall be notified and after notification, shall be allowed to 
  4.5   choose only among demonstration providers.  The commissioner may 
  4.6   assign an individual with private coverage through a health 
  4.7   maintenance organization, to the same health maintenance 
  4.8   organization for medical assistance coverage, if the health 
  4.9   maintenance organization is under contract for medical 
  4.10  assistance in the individual's county of residence.  After 
  4.11  initially choosing a provider, the recipient is allowed to 
  4.12  change that choice only at specified times as allowed by the 
  4.13  commissioner.  If a demonstration provider ends participation in 
  4.14  the project for any reason, a recipient enrolled with that 
  4.15  provider must select a new provider but may change providers 
  4.16  without cause once more within the first 60 days after 
  4.17  enrollment with the second provider. 
  4.18     Sec. 4.  [APPROPRIATION.] 
  4.19     $....... is appropriated from the general fund to the 
  4.20  commissioner of human services for the 2002 fiscal year for 
  4.21  administrative costs associated with implementing Minnesota 
  4.22  Statutes, section 256B.057, subdivision 10.