HF 1

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to welfare reform; requiring pregnant and 
  1.3             parenting minors to live with their parents in order 
  1.4             to receive aid to families with dependent children 
  1.5             (AFDC); providing an exception to the AFDC overpayment 
  1.6             statute; allowing start work offset to AFDC recipients 
  1.7             in the first month of work; allowing vendor emergency 
  1.8             assistance payments for damage deposit; providing 
  1.9             required injury protection for community work 
  1.10            experience program workers; expanding cost-neutral 
  1.11            fraud prevention programs; allowing emergency 
  1.12            assistance damage deposit be returned to the county; 
  1.13            allowing the county to pay monthly general assistance 
  1.14            differently; making general assistance and work 
  1.15            readiness recoupment of overpayments the same as the 
  1.16            AFDC lump-sum criteria, with some exceptions; 
  1.17            requiring a study to expand the parent's fair share 
  1.18            pilot project statewide; requiring the departments of 
  1.19            human services and revenue to design and implement a 
  1.20            plan which supports working families; directing the 
  1.21            commissioner of human services to seek several waivers 
  1.22            from the federal government which support and promote 
  1.23            moving off welfare and becoming self-sufficient; 
  1.24            expanding the parent's fair share pilot project into 
  1.25            Ramsey county; expanding state support for basic 
  1.26            sliding fee day care program; directing the 
  1.27            commissioners of jobs and training and human services 
  1.28            to plan and implement a public works employment 
  1.29            program; appropriating money; amending Minnesota 
  1.30            Statutes 1994, sections 256.01, subdivision 11; 
  1.31            256.031, subdivision 3; 256.73, subdivision 8, and by 
  1.32            adding subdivisions; 256.736, subdivisions 5 and 10; 
  1.33            256.737, by adding a subdivision; 256.74, by adding a 
  1.34            subdivision; 256.81; 256.87, subdivisions 1, 1a, and 
  1.35            5; 256.979, by adding a subdivision; 256.983, 
  1.36            subdivision 1; 256D.03, subdivision 4; 256D.05, 
  1.37            subdivision 6; 256D.09, by adding subdivisions; 
  1.38            256H.03, subdivision 2b; 256H.05, subdivision 1b; 
  1.39            268.672, subdivision 6; 268.6751, by adding a 
  1.40            subdivision; and 518.575; proposing coding for new law 
  1.41            in Minnesota Statutes, chapter 256; repealing 
  1.42            Minnesota Statutes 1994, section 256.734. 
  1.43  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.44                             ARTICLE 1
  2.1      Section 1.  Minnesota Statutes 1994, section 256.01, 
  2.2   subdivision 11, is amended to read: 
  2.3      Subd. 11.  [CENTRALIZED DISBURSEMENT SYSTEM.] The state 
  2.4   agency may establish a system for the centralized disbursement 
  2.5   of food coupons, assistance payments, and related documents.  
  2.6   Benefits shall be issued by the state or county and funded under 
  2.7   this section according to section 256.025, subdivision 3, and 
  2.8   subject to section 256.017.  
  2.9      The commissioner shall establish a statewide outreach 
  2.10  program to better inform potential recipients of the existence 
  2.11  and availability of food stamps under the food stamp program.  
  2.12  The commissioner shall appoint a task force to assist in 
  2.13  planning the outreach program.  The commissioner shall also 
  2.14  consult with the United States Department of Agriculture in the 
  2.15  planning process and shall seek that agency's assistance in the 
  2.16  development of any rule revisions that may be necessary to carry 
  2.17  out the outreach program. 
  2.18     Sec. 2.  [256.0281] [RESTRUCTURING OF PUBLIC ASSISTANCE.] 
  2.19     (a) The commissioners of human services and jobs and 
  2.20  training shall develop a plan for first-time application for aid 
  2.21  to families with dependent children (AFDC) and family general 
  2.22  assistance (FGA) in order to assure that, during the first six 
  2.23  months of eligibility, first-time applicants for AFDC and FGA 
  2.24  will receive the following in lieu of standard AFDC or FGA: 
  2.25     (1) immediate and enhanced job search and placement 
  2.26  activities; 
  2.27     (2) subsidized employment in the private or public sector 
  2.28  or a placement in a community service job that pays wages up to 
  2.29  the value of AFDC or FGA is required if an unsubsidized job is 
  2.30  not located within the first 60 days, or at an earlier date 
  2.31  recommended by the commissioners; 
  2.32     (3) priority help in establishing child support 
  2.33  enforcement; 
  2.34     (4) child care assistance for job search activities and 
  2.35  employment; 
  2.36     (5) eligibility for medical care; and 
  3.1      (6) vendor payments for need items included in the AFDC 
  3.2   consolidated standard of assistance under the state plan. 
  3.3      (b) The commissioners shall consider to what extent 
  3.4   exceptions should be made for: 
  3.5      (1) a person who is suffering from a professionally 
  3.6   certified permanent or temporary illness, injury, or incapacity 
  3.7   which is expected to continue for more than 30 days and which 
  3.8   prevents the person from obtaining or retaining employment; 
  3.9      (2) a person whose presence in the home on a substantially 
  3.10  continuous basis is required because of the professionally 
  3.11  certified illness, injury, incapacity, or the age of another 
  3.12  member of the household; 
  3.13     (3) a person who has been placed in, and is residing in, a 
  3.14  licensed or certified facility for purposes of physical or 
  3.15  mental health or rehabilitation, or in an approved chemical 
  3.16  dependency domiciliary facility, if the placement is based on 
  3.17  illness or incapacity and a plan developed or approved by the 
  3.18  county agency through its director or designated representative; 
  3.19     (4) a person who resides in a shelter facility described in 
  3.20  section 256D.05, subdivision 3; 
  3.21     (5) a person not described in paragraph (b), clause (1) or 
  3.22  (3) who is diagnosed by a licensed physician, licensed 
  3.23  psychologist, or other qualified professional, as mentally 
  3.24  retarded or mentally ill, and that condition prevents the person 
  3.25  from obtaining or retaining employment; 
  3.26     (6) a person who has an application pending for, or is 
  3.27  appealing termination of benefits from, the Social Security 
  3.28  Disability program or the program of Supplemental Security 
  3.29  Income for the aged, blind, and disabled, provided the person 
  3.30  has a professionally certified permanent or temporary illness, 
  3.31  injury, or incapacity which is expected to continue for more 
  3.32  than 30 days and which prevents the person from obtaining or 
  3.33  retaining employment; 
  3.34     (7) a person who is unable to obtain or retain employment 
  3.35  because advanced age significantly affects the person's ability 
  3.36  to seek or engage in substantial work; and 
  4.1      (8) a pregnant woman, if it has been medically verified 
  4.2   that the child is expected to be born within the next six months.
  4.3      The commissioners shall, after consultation with current 
  4.4   and former recipients of AFDC, including at least a two-parent 
  4.5   AFDC family, a single-parent AFDC family, and an AFDC family 
  4.6   with a minor caretaker, present to the 1996 legislature a 
  4.7   statewide phased-in implementation plan, which includes 
  4.8   employability assessment criteria, feasibility of colocation of 
  4.9   services, and a description of the modifications that the 
  4.10  commissioners recommend, starting in counties designated by the 
  4.11  commissioners.  The plan must identify needed federal waivers, 
  4.12  evaluation criteria, state plan amendments, and other approvals 
  4.13  under the AFDC and job opportunities and basic skills (JOBS) 
  4.14  program.  The commissioner's plan must include implementation of 
  4.15  the project by October 1, 1996, or after the necessary waivers 
  4.16  are approved, whichever is later.  The commissioners shall also 
  4.17  provide to the legislature by February 1, 1998, a report which 
  4.18  includes a comparison of the immediate job search project under 
  4.19  section 36 and the project implemented under this section. 
  4.20     Sec. 3.  [256.0282] [RESTRUCTURING OF PROJECT STRIDE.] 
  4.21     (a) The commissioners of human services and jobs and 
  4.22  training shall develop recommendations to restructure the 
  4.23  program entitled "success through reaching individual 
  4.24  development and employment" (STRIDE), under sections 256.73 to 
  4.25  256.739, to effectively and efficiently employ AFDC recipients.  
  4.26  The commissioners shall identify modifications necessary to 
  4.27  implement the following principles: 
  4.28     (1) employment as the expected program outcome; 
  4.29     (2) training and education used primarily to enhance job 
  4.30  skills of employed participants; 
  4.31     (3) adequate support services available until the recipient 
  4.32  achieves employment that provides wages that enable the 
  4.33  recipient to be self-sufficient; 
  4.34     (4) aggressive development of job markets; 
  4.35     (5) extended post-placement follow-up to retain current 
  4.36  employment or move to better jobs; 
  5.1      (6) concurrent services which combine education and 
  5.2   employment; 
  5.3      (7) certain categories of AFDC recipients shall be required 
  5.4   to participate in project STRIDE services after two years, 
  5.5   within the limits of available funding; and 
  5.6      (8) failure to participate will result in termination of 
  5.7   assistance for noncompliant participants under the Family 
  5.8   Support Act of 1988. 
  5.9      (b) The commissioners shall present to the 1995 legislature 
  5.10  a plan which includes specific categories for mandatory 
  5.11  participants and a description of the modifications that the 
  5.12  commissioners recommend within existing appropriations.  The 
  5.13  proposal must identify needed federal waivers, state plan 
  5.14  amendments, and other approvals under the AFDC and JOBS programs.
  5.15     Sec. 4.  Minnesota Statutes 1994, section 256.031, 
  5.16  subdivision 3, is amended to read: 
  5.17     Subd. 3.  [AUTHORIZATION FOR THE DEMONSTRATION.] (a) The 
  5.18  commissioner of human services, in consultation with the 
  5.19  commissioners of education, finance, economic security, health, 
  5.20  and planning, and the director of the higher education 
  5.21  coordinating board, is authorized to proceed with the planning 
  5.22  and designing of the Minnesota family investment plan and to 
  5.23  implement the plan to test policies, methods, and cost impact on 
  5.24  an experimental basis by using field trials.  The commissioner, 
  5.25  under the authority in section 256.01, subdivision 2, shall 
  5.26  implement the plan according to sections 256.031 to 256.0361 and 
  5.27  Public Law Numbers 101-202 and 101-239, section 8015, as 
  5.28  amended.  If major and unpredicted costs to the program occur, 
  5.29  the commissioner may take corrective action consistent with 
  5.30  Public Law Numbers 101-202 and 101-239, which may include 
  5.31  termination of the program.  Before taking such corrective 
  5.32  action, the commissioner shall consult with the chairs of the 
  5.33  senate family services committee, the house health and human 
  5.34  services committee, the health care and family services division 
  5.35  of the senate family services and health care committees and the 
  5.36  human services division of the house health and human services 
  6.1   committee, or, if the legislature is not in session, consult 
  6.2   with the legislative advisory commission. 
  6.3      (b) The field trials shall be conducted as permitted under 
  6.4   federal law, for as many years as necessary, and in different 
  6.5   geographical settings, to provide reliable instruction about the 
  6.6   desirability of expanding the program statewide. 
  6.7      (c) The commissioner shall select the counties which shall 
  6.8   serve as field trial or comparison sites based on criteria which 
  6.9   ensure reliable evaluation of the program.  
  6.10     (d) The commissioner is authorized to determine the number 
  6.11  of families and characteristics of subgroups to be included in 
  6.12  the evaluation.  
  6.13     (i) A family that applies for or is currently receiving 
  6.14  financial assistance from aid to families with dependent 
  6.15  children; family general assistance or work readiness; or food 
  6.16  stamps may be tested for eligibility for aid to families with 
  6.17  dependent children or family general assistance and may be 
  6.18  assigned by the commissioner to a test or a comparison group for 
  6.19  the purposes of evaluating the family investment plan.  A family 
  6.20  found not eligible for aid to families with dependent children 
  6.21  or family general assistance will be tested for eligibility for 
  6.22  the food stamp program.  If found eligible for the food stamp 
  6.23  program, the commissioner may randomly assign the family to a 
  6.24  test group, comparison group, or neither group.  Families 
  6.25  assigned to a test group receive benefits and services through 
  6.26  the family investment plan.  Families assigned to a comparison 
  6.27  group receive benefits and services through existing programs.  
  6.28  A family may not select the group to which it is assigned.  Once 
  6.29  assigned to a group, an eligible family must remain in that 
  6.30  group for the duration of the project. 
  6.31     (ii) To evaluate the effectiveness of the family investment 
  6.32  plan, the commissioner may designate a subgroup of families from 
  6.33  the test group who shall be exempt from section 256.035, 
  6.34  subdivision 1, and shall not receive case management services 
  6.35  under section 256.035, subdivision 6a.  Families are eligible 
  6.36  for services under section 256.736 to the same extent as 
  7.1   families receiving AFDC.  
  7.2      (e) After field trials have begun, the commissioner may 
  7.3   extend field trials of the Minnesota family investment plan to 
  7.4   Ramsey county with county board consent.  This extension of the 
  7.5   field trials may be executed only if permitted under federal 
  7.6   law, and is subject to federal approval.  Ramsey county shall 
  7.7   coordinate efforts with the community when developing the 
  7.8   service delivery plan under section 256.0361, subdivision 1. 
  7.9      Sec. 5.  Minnesota Statutes 1994, section 256.73, is 
  7.10  amended by adding a subdivision to read: 
  7.11     Subd. 3b.  [ELIGIBILITY CRITERIA NOT BARRED.] An individual 
  7.12  receiving assistance may work over 99 hours per month and remain 
  7.13  eligible for assistance, provided all other requirements of the 
  7.14  aid to families with dependent children are met.  The applicant 
  7.15  is not required to demonstrate past employment history or 30 
  7.16  days of prior unemployment to be eligible for AFDC-unemployed 
  7.17  parent. 
  7.18     Sec. 6.  Minnesota Statutes 1994, section 256.73, is 
  7.19  amended by adding a subdivision to read: 
  7.20     Subd. 5a.  [PARENTING OR PREGNANT MINORS; RESTRICTION ON 
  7.21  ASSISTANCE WITH FEDERAL EXCEPTIONS.] (a) The definitions in this 
  7.22  paragraph apply to this subdivision. 
  7.23     (1) "Minor parent" means an individual who: 
  7.24     (i) is under the age of 18; 
  7.25     (ii) has never been married or otherwise legally 
  7.26  emancipated; and 
  7.27     (iii) is either the natural parent of a dependent child 
  7.28  living in the same household or eligible for assistance paid to 
  7.29  a pregnant woman under subdivision 5. 
  7.30     (2) "Household of a parent, legal guardian, or other adult 
  7.31  relative" means the place of residence of: 
  7.32     (i) a natural or adoptive parent; 
  7.33     (ii) a legal guardian pursuant to appointment or acceptance 
  7.34  under section 260.242, 525.615, or 525.6165, and related laws; 
  7.35  or 
  7.36     (iii) another individual who is age 18 or over and related 
  8.1   to the minor parent as specified in Code of Federal Regulations, 
  8.2   title 45, section 233.90(c)(1)(v), provided that the residence 
  8.3   is maintained as a home for the minor parent and child under 
  8.4   Code of Federal Regulations, title 45, section 
  8.5   233.90(c)(1)(v)(B). 
  8.6      (3) "Adult-supervised supportive living arrangement" means 
  8.7   a private family setting which assumes responsibility for the 
  8.8   care and control of the minor parent and dependent child, or 
  8.9   other living arrangement, not including a public institution, 
  8.10  which ensures that the minor parent receives supportive 
  8.11  services, such as counseling, guidance, independent living 
  8.12  skills training, or supervision. 
  8.13     (b) A minor parent and the dependent child who is in the 
  8.14  care of the minor parent must reside in the household of a 
  8.15  parent, legal guardian, or other adult relative, or in an 
  8.16  adult-supervised supportive living arrangement in order to 
  8.17  receive AFDC unless: 
  8.18     (1) the minor parent has no living parent or legal guardian 
  8.19  whose whereabouts is known; 
  8.20     (2) no living parent or legal guardian of the minor parent 
  8.21  allows the minor parent to live in the parent's or legal 
  8.22  guardian's home; 
  8.23     (3) the minor parent has lived apart from the minor 
  8.24  parent's own parent or legal guardian for a period of at least 
  8.25  one year before either the birth of the dependent child or the 
  8.26  parent's having made application for AFDC; 
  8.27     (4) the physical or emotional health or safety of the minor 
  8.28  parent or dependent child would be jeopardized if they resided 
  8.29  in the same residence with the minor parent's parent or legal 
  8.30  guardian; or 
  8.31     (5) there is good cause for the minor parent and dependent 
  8.32  child to receive assistance while living apart from the minor 
  8.33  parent's parent, legal guardian, or other adult relative, or an 
  8.34  adult supervised supportive living arrangement because the minor 
  8.35  parent and dependent child would be in an adult-supervised 
  8.36  supportive living arrangement except that none is available 
  9.1   within the county, or the minor parent and dependent child have, 
  9.2   on the effective date of this section, been living independently 
  9.3   as part of an approved social services plan for less than the 
  9.4   one-year period required under clause (3). 
  9.5      (c) Minor applicants must be informed orally and in writing 
  9.6   about the eligibility requirements and their rights and 
  9.7   obligations under the program.  The county must advise the minor 
  9.8   of the possible exemptions and specifically ask whether one or 
  9.9   more of these exemptions is applicable.  If the minor alleges 
  9.10  one or more of these exemptions, then the county must assist the 
  9.11  minor in obtaining the necessary verifications to determine 
  9.12  whether or not these exemptions apply.  
  9.13     (d) If the county worker has reason to suspect that the 
  9.14  physical or emotional health or safety of the minor parent or 
  9.15  dependent child would be jeopardized if they resided with the 
  9.16  minor parent's parent or legal guardian, then the county worker 
  9.17  must make a referral to child protective services to determine 
  9.18  if paragraph (b), clause (4), applies. 
  9.19     (e) If a minor parent is not living with a parent or legal 
  9.20  guardian due to paragraph (b), clause (2) or (4), the minor 
  9.21  parent must reside, when possible, in a living arrangement that 
  9.22  meets the standards of paragraph (a), clause (3). 
  9.23     (f) When a minor parent and his or her dependent child live 
  9.24  with the minor parent's parent, legal guardian, or other adult 
  9.25  relative, or in an adult supervised supportive living 
  9.26  arrangement, then AFDC must be paid, when possible, in the form 
  9.27  of a protective payment on behalf of the minor parent and 
  9.28  dependent child in accordance with Code of Federal Regulations, 
  9.29  title 45, section 234.60. 
  9.30     Sec. 7.  Minnesota Statutes 1994, section 256.73, 
  9.31  subdivision 8, is amended to read: 
  9.32     Subd. 8.  [RECOVERY OF OVERPAYMENTS.] (a) Except as 
  9.33  provided in subdivision 8a, if an amount of aid to families with 
  9.34  dependent children assistance is paid to a recipient in excess 
  9.35  of the payment due, it shall be recoverable by the county 
  9.36  agency.  The agency shall give written notice to the recipient 
 10.1   of its intention to recover the overpayment. 
 10.2      (b) When an overpayment occurs, the county agency shall 
 10.3   recover the overpayment from a current recipient by reducing the 
 10.4   amount of aid payable to the assistance unit of which the 
 10.5   recipient is a member for one or more monthly assistance 
 10.6   payments until the overpayment is repaid.  All county agencies 
 10.7   in the state shall reduce the assistance payment by three 
 10.8   percent of the assistance unit's standard of need or the amount 
 10.9   of the monthly payment, whichever is less, for all overpayments 
 10.10  whether or not the overpayment is due solely to agency error.  
 10.11  If the overpayment is due solely to having wrongfully obtained 
 10.12  assistance, whether based on a court order, the finding of an 
 10.13  administrative fraud disqualification hearing or a waiver of 
 10.14  such a hearing, or a confession of judgment containing an 
 10.15  admission of an intentional program violation, the amount of 
 10.16  this reduction shall be ten percent.  In cases when there is 
 10.17  both an overpayment and underpayment, the county agency shall 
 10.18  offset one against the other in correcting the payment. 
 10.19     (c) Overpayments may also be voluntarily repaid, in part or 
 10.20  in full, by the individual, in addition to the above aid 
 10.21  reductions, until the total amount of the overpayment is repaid. 
 10.22     (d) The county agency shall make reasonable efforts to 
 10.23  recover overpayments to persons no longer on assistance in 
 10.24  accordance with standards adopted in rule by the commissioner of 
 10.25  human services.  The county agency need not attempt to recover 
 10.26  overpayments of less than $35 paid to an individual no longer on 
 10.27  assistance if the individual does not receive assistance again 
 10.28  within three years, unless the individual has been convicted of 
 10.29  fraud under section 256.98. 
 10.30     Sec. 8.  Minnesota Statutes 1994, section 256.73, is 
 10.31  amended by adding a subdivision to read: 
 10.32     Subd. 8a.  [START WORK OFFSET.] An overpayment resulting 
 10.33  from earned income received in the first month of employment is 
 10.34  not recoverable by the county agency provided the aid to 
 10.35  families with dependent children assistance unit has not 
 10.36  previously received a start work offset.  A "start work offset" 
 11.1   for purposes of this subdivision is the amount of the 
 11.2   overpayment the assistance unit would otherwise be required to 
 11.3   pay to the county under subdivision 8.  This exception to 
 11.4   subdivision 8 is available every two years to an aid to families 
 11.5   with dependent children assistance unit.  The commissioner shall 
 11.6   commence the payment of start work grants with families who earn 
 11.7   their way off AFDC beginning in January 1, 1996.  The 
 11.8   commissioner shall use state appropriated funds as necessary for 
 11.9   this grant program but shall make all best efforts to leverage 
 11.10  federal matching funds for this grant program.  The commissioner 
 11.11  shall include the start work grant program as part of any AFDC 
 11.12  waiver request made to the federal government subsequent to the 
 11.13  effective date of this section. 
 11.14     Sec. 9.  Minnesota Statutes 1994, section 256.736, 
 11.15  subdivision 5, is amended to read: 
 11.16     Subd. 5.  [EXTENSION OF EMPLOYMENT AND TRAINING 
 11.17  OPPORTUNITIES.] The commissioner of human services shall 
 11.18  cooperate with the commissioner of economic security and the 
 11.19  commissioner of trade and economic development to extend the 
 11.20  availability of training and employment opportunities on a 
 11.21  statewide basis and to assist local employment advisory groups 
 11.22  convened under this subdivision.  The county welfare agency may 
 11.23  convene an employment advisory group consisting of 
 11.24  representatives from the local chamber of commerce, from major 
 11.25  area employers, from secondary and post-secondary educational 
 11.26  institutions in the community, and from job services offices 
 11.27  operated by the commissioner of jobs and training under chapter 
 11.28  268.  The county welfare agency shall work with the local 
 11.29  employment advisory group to maximize the job opportunities for 
 11.30  welfare clients. 
 11.31     Sec. 10.  Minnesota Statutes 1994, section 256.736, 
 11.32  subdivision 10, is amended to read: 
 11.33     Subd. 10.  [COUNTY DUTIES.] (a) To the extent of available 
 11.34  state appropriations, county boards shall:  
 11.35     (1) refer all mandatory and eligible volunteer caretakers 
 11.36  permitted to participate under subdivision 3a to an employment 
 12.1   and training service provider for participation in employment 
 12.2   and training services; 
 12.3      (2) identify to the employment and training service 
 12.4   provider the target group of which the referred caretaker is a 
 12.5   member; 
 12.6      (3) provide all caretakers with an orientation which meets 
 12.7   the requirements in subdivisions 10a and 10b; 
 12.8      (4) work with the employment and training service provider 
 12.9   to encourage voluntary participation by caretakers in the target 
 12.10  groups; 
 12.11     (5) work with the employment and training service provider 
 12.12  to collect data as required by the commissioner; 
 12.13     (6) to the extent permissible under federal law, require 
 12.14  all caretakers coming into the AFDC program to attend 
 12.15  orientation; 
 12.16     (7) encourage nontarget caretakers to develop a plan to 
 12.17  obtain self-sufficiency; 
 12.18     (8) notify the commissioner of the caretakers required to 
 12.19  participate in employment and training services; 
 12.20     (9) inform appropriate caretakers of opportunities 
 12.21  available through the head start program and encourage 
 12.22  caretakers to have their children screened for enrollment in the 
 12.23  program where appropriate; 
 12.24     (10) provide transportation assistance using available 
 12.25  funds to caretakers who participate in employment and training 
 12.26  programs; 
 12.27     (11) ensure that orientation, job search, services to 
 12.28  custodial parents under the age of 20, educational activities 
 12.29  and work experience for AFDC-UP families, and case management 
 12.30  services are made available to appropriate caretakers under this 
 12.31  section, except that payment for case management services is 
 12.32  governed by subdivision 13; 
 12.33     (12) explain in its local service unit plan under section 
 12.34  268.88 how it will ensure that target caretakers determined to 
 12.35  be in need of social services are provided with such social 
 12.36  services.  The plan must specify how the case manager and the 
 13.1   county social service workers will ensure delivery of needed 
 13.2   services; 
 13.3      (13) to the extent allowed by federal laws and regulations, 
 13.4   provide a job search program as defined in subdivision 14, a 
 13.5   community work experience program as defined in section 256.737, 
 13.6   grant diversion as defined in section 256.739, and on-the-job 
 13.7   training as defined in section 256.738.  A county may also 
 13.8   provide another work and training program approved by the 
 13.9   commissioner and the secretary of the United States Department 
 13.10  of Health and Human Services.  Planning and approval for 
 13.11  employment and training services listed in this clause must be 
 13.12  obtained through submission of the local service unit plan as 
 13.13  specified under section 268.88.  A county is not required to 
 13.14  provide a community work experience program if the county agency 
 13.15  is successful in placing at least 40 percent of the monthly 
 13.16  average of all caretakers who are subject to the job search 
 13.17  requirements of subdivision 14 in grant diversion or on-the-job 
 13.18  training program; 
 13.19     (14) prior to participation, provide an assessment of each 
 13.20  AFDC recipient who is required or volunteers to participate in 
 13.21  an approved employment and training service.  The assessment 
 13.22  must include an evaluation of the participant's (i) educational, 
 13.23  child care, and other supportive service needs; (ii) skills and 
 13.24  prior work experience; and (iii) ability to secure and retain a 
 13.25  job which, when wages are added to child support, will support 
 13.26  the participant's family.  The assessment must also include a 
 13.27  review of the results of the early and periodic screening, 
 13.28  diagnosis and treatment (EPSDT) screening and preschool 
 13.29  screening under chapter 123, if available; the participant's 
 13.30  family circumstances; and, in the case of a custodial parent 
 13.31  under the age of 18, a review of the effect of a child's 
 13.32  development and educational needs on the parent's ability to 
 13.33  participate in the program; 
 13.34     (15) develop an employability development plan for each 
 13.35  recipient for whom an assessment is required under clause (14) 
 13.36  which:  (i) reflects the assessment required by clause (14); (ii)
 14.1   takes into consideration the recipient's physical capacity, 
 14.2   skills, experience, health and safety, family responsibilities, 
 14.3   place of residence, proficiency, child care and other supportive 
 14.4   service needs; (iii) is based on available resources and local 
 14.5   employment opportunities; (iv) specifies the services to be 
 14.6   provided by the employment and training service provider; (v) 
 14.7   specifies the activities the recipient will participate in, 
 14.8   including the worksite to which the caretaker will be assigned, 
 14.9   if the caretaker is subject to the requirements of section 
 14.10  256.737, subdivision 2; (vi) specifies necessary supportive 
 14.11  services such as child care; (vii) to the extent possible, 
 14.12  reflects the preferences of the participant; and (viii) includes 
 14.13  a written agreement between the county agency and the caregiver 
 14.14  that outlines a reasonable schedule for completing the plan, 
 14.15  including specific completion deadlines, and confirms that (A) 
 14.16  there is a market for full-time employees with this education or 
 14.17  training where the caregiver will or is willing to reside upon 
 14.18  completion of the program; (B) the average wage level for 
 14.19  employees with this education or training is greater than the 
 14.20  caregiver can earn without this education or training; (C) the 
 14.21  caregiver has the academic ability to successfully complete the 
 14.22  program; and (D) there is a reasonable expectation that the 
 14.23  caregiver will complete the training program based on such 
 14.24  factors as the caregiver's previous education, training, work 
 14.25  history, current motivation, and changes in previous 
 14.26  circumstances; and (ix) specifies the recipient's long-term 
 14.27  employment goal which shall lead to self-sufficiency; 
 14.28     (16) obtain the written or oral concurrence of the 
 14.29  appropriate exclusive bargaining representatives with respect to 
 14.30  job duties covered under collective bargaining agreements to 
 14.31  assure that no work assignment under this section or sections 
 14.32  256.737, 256.738, and 256.739 results in:  (i) termination, 
 14.33  layoff, or reduction of the work hours of an employee for the 
 14.34  purpose of hiring an individual under this section or sections 
 14.35  256.737, 256.738, and 256.739; (ii) the hiring of an individual 
 14.36  if any other person is on layoff from the same or a 
 15.1   substantially equivalent job; (iii) any infringement of the 
 15.2   promotional opportunities of any currently employed individual; 
 15.3   (iv) the impairment of existing contracts for services or 
 15.4   collective bargaining agreements; or (v) except for on-the-job 
 15.5   training under section 256.738, a participant filling an 
 15.6   established unfilled position vacancy; and 
 15.7      (17) assess each caretaker in an AFDC-UP family who is 
 15.8   under age 25, has not completed high school or a high school 
 15.9   equivalency program, and who would otherwise be required to 
 15.10  participate in a work experience placement under section 256.737 
 15.11  to determine if an appropriate secondary education option is 
 15.12  available for the caretaker.  If an appropriate secondary 
 15.13  education option is determined to be available for the 
 15.14  caretaker, the caretaker must, in lieu of participating in work 
 15.15  experience, enroll in and meet the educational program's 
 15.16  participation and attendance requirements.  "Secondary 
 15.17  education" for this paragraph means high school education or 
 15.18  education designed to prepare a person to qualify for a high 
 15.19  school equivalency certificate, basic and remedial education, 
 15.20  and English as a second language education.  A caretaker 
 15.21  required to participate in secondary education who, without good 
 15.22  cause, fails to participate shall be subject to the provisions 
 15.23  of subdivision 4a and the sanction provisions of subdivision 4, 
 15.24  clause (6).  For purposes of this clause, "good cause" means the 
 15.25  inability to obtain licensed or legal nonlicensed child care 
 15.26  services needed to enable the caretaker to attend, inability to 
 15.27  obtain transportation needed to attend, illness or incapacity of 
 15.28  the caretaker or another member of the household which requires 
 15.29  the caretaker to be present in the home, or being employed for 
 15.30  more than 30 hours per week. 
 15.31     (b) Funds available under this subdivision may not be used 
 15.32  to assist, promote, or deter union organizing. 
 15.33     (c) A county board may provide other employment and 
 15.34  training services that it considers necessary to help caretakers 
 15.35  obtain self-sufficiency. 
 15.36     (d) Notwithstanding section 256G.07, when a target 
 16.1   caretaker relocates to another county to implement the 
 16.2   provisions of the caretaker's case management contract or other 
 16.3   written employability development plan approved by the county 
 16.4   human service agency, its case manager or employment and 
 16.5   training service provider, the county that approved the plan is 
 16.6   responsible for the costs of case management and other services 
 16.7   required to carry out the plan, including employment and 
 16.8   training services.  The county agency's responsibility for the 
 16.9   costs ends when all plan obligations have been met, when the 
 16.10  caretaker loses AFDC eligibility for at least 30 days, or when 
 16.11  approval of the plan is withdrawn for a reason stated in the 
 16.12  plan, whichever occurs first.  Responsibility for the costs of 
 16.13  child care must be determined under chapter 256H.  A county 
 16.14  human service agency may pay for the costs of case management, 
 16.15  child care, and other services required in an approved 
 16.16  employability development plan when the nontarget caretaker 
 16.17  relocates to another county or when a target caretaker again 
 16.18  becomes eligible for AFDC after having been ineligible for at 
 16.19  least 30 days.  
 16.20     Sec. 11.  Minnesota Statutes 1994, section 256.737, is 
 16.21  amended by adding a subdivision to read: 
 16.22     Subd. 7.  [INJURY PROTECTION FOR WORK EXPERIENCE 
 16.23  PARTICIPANTS.] (a) [COVERAGE.] Any claims or demands against any 
 16.24  person or entity arising out of an injury or death of an AFDC or 
 16.25  Work Readiness recipient participating in a community work 
 16.26  experience program (CWEP) under this section or any work 
 16.27  experience program established and operated by a county under 
 16.28  this chapter or chapter 256D, shall be presented, heard, and 
 16.29  determined as provided in this subdivision. 
 16.30     (b) [EVALUATION OF CLAIMS.] A claim under this subdivision 
 16.31  shall be investigated by the county human services agency 
 16.32  responsible for supervising the recipient to determine if the 
 16.33  claim is valid.  The county agency shall submit all valid claims 
 16.34  to the department of human services.  The department shall 
 16.35  consult with the department of labor and industry in evaluating 
 16.36  any claim for permanent partial disability and any claim arising 
 17.1   from the death of a participant.  The department shall award an 
 17.2   amount for reasonable medical care and the amount recommended by 
 17.3   the department of labor and industry for permanent partial 
 17.4   disability as impairment compensation.  No amount may be awarded 
 17.5   for pain and suffering or income maintenance. 
 17.6      (c) [PAYMENT OF CLAIMS.] The department shall pay any claim 
 17.7   of $1,000 or less as quickly as possible, but in no event more 
 17.8   than three months from the date the participant agrees to accept 
 17.9   settlement of the claim.  A claim in excess of $1,000 shall be 
 17.10  paid under the legislative claim procedure.  On or before the 
 17.11  first day of the legislative session, the department shall 
 17.12  submit to the joint senate/house subcommittee on claims a list 
 17.13  of the claims paid during the preceding calendar year.  The 
 17.14  department shall be reimbursed by legislative appropriation for 
 17.15  any claims that exceed the original appropriation provided to 
 17.16  the department to operate the program.  Any unspent money from 
 17.17  this fund shall carry over to the second year of the biennium, 
 17.18  and any unspent money remaining at the end of the second year 
 17.19  shall be returned to the state general fund. 
 17.20     (d) [APPEAL.] Any claim that is rejected by the department 
 17.21  may be presented to the joint senate/house subcommittee on 
 17.22  claims under the legislative claims procedure. 
 17.23     (e) [EXCLUSIVE REMEDY.] The procedure established by this 
 17.24  section is exclusive of all other legal, equitable, and 
 17.25  statutory remedies against the state, its political 
 17.26  subdivisions, or employees of the state or its political 
 17.27  subdivisions.  The recipient shall not be entitled to seek 
 17.28  damages under any state or county insurance policy or 
 17.29  self-insurance program. 
 17.30     (f) [EVALUATION; REPORT.] No later than January 15, 1997, 
 17.31  the department shall report to the chairs of the human services 
 17.32  policy and funding committees of the senate and house of 
 17.33  representatives on its evaluation of the implementation of this 
 17.34  subdivision in fiscal year 1996.  The department shall also 
 17.35  examine alternative methods for providing injury protection for 
 17.36  workers covered by this section, including state operated risk 
 18.1   pools and other forms of coverage.  The department shall 
 18.2   promptly make an interim report to the legislature of any 
 18.3   significant problems that arise in the implementation of this 
 18.4   subdivision. 
 18.5      Sec. 12.  Minnesota Statutes 1994, section 256.74, is 
 18.6   amended by adding a subdivision to read: 
 18.7      Subd. 6.  [STUDY OF STATE SUPPLEMENTARY PAYMENTS.] The 
 18.8   commissioner of human services shall study and report back on a 
 18.9   plan for providing supplemental payments for recipients of AFDC 
 18.10  whose income is reduced or terminated as a result of a reduction 
 18.11  in the rate of pay, reduction in numbers of hours worked, or 
 18.12  reduction in court ordered or agreed upon support, but whose 
 18.13  assistance under the AFDC program is not adjusted accordingly 
 18.14  because of the operation of retrospective budgeting procedures.  
 18.15  The amount of assistance must be sufficient to ensure that the 
 18.16  assistance unit's income equals, but does not exceed, the 
 18.17  standard of assistance in the AFDC program for an assistance 
 18.18  unit of like size and composition.  A recipient shall not be 
 18.19  eligible for supplementary assistance if the recipient 
 18.20  voluntarily, and without good cause attributable to the 
 18.21  employer, discontinued employment with the employer or was 
 18.22  discharged for misconduct connected with work or for misconduct 
 18.23  which interferes with or adversely affects employment.  The 
 18.24  commissioner's report shall provide information on the projected 
 18.25  number of families likely to be eligible for supplementary 
 18.26  payments during the 1997-1999 biennium; and on the costs, 
 18.27  including administrative costs, of making those payments to 
 18.28  eligible recipients.  The report shall be presented to the 
 18.29  legislature by February 15, 1996. 
 18.30     Sec. 13.  Minnesota Statutes 1994, section 256.81, is 
 18.31  amended to read: 
 18.32     256.81 [COUNTY AGENCY, DUTIES.] 
 18.33     (1) The county agency shall keep such records, accounts, 
 18.34  and statistics in relation to aid to families with dependent 
 18.35  children as the state agency shall prescribe.  
 18.36     (2) Each grant of aid to families with dependent children 
 19.1   shall be paid to the recipient by the county agency unless paid 
 19.2   by the state agency.  Payment must be by check or electronic 
 19.3   means except in those instances in which the county agency, 
 19.4   subject to the rules of the state agency, determines that 
 19.5   payments for care shall be made to an individual other than the 
 19.6   parent or relative with whom the dependent child is living or to 
 19.7   vendors of goods and services for the benefit of the child 
 19.8   because such parent or relative is unable to properly manage the 
 19.9   funds in the best interests and welfare of the child.  There is 
 19.10  a presumption of mismanagement of funds whenever a recipient is 
 19.11  more than 30 days in arrears on payment of rent.  In cases of 
 19.12  mismanagement based solely on failure to pay rent, the county 
 19.13  may vendor the rent payments to the landlord.  At the request of 
 19.14  a recipient, the state or county may make payments directly to 
 19.15  vendors of goods and services, but only for goods and services 
 19.16  appropriate to maintain the health and safety of the child, as 
 19.17  determined by the county.  
 19.18     (3) The state or county may ask the recipient to give 
 19.19  written consent authorizing the state or county to provide 
 19.20  advance notice to a vendor before vendor payments of rent are 
 19.21  reduced or terminated.  Whenever possible under state and 
 19.22  federal laws and regulations and if the recipient consents, the 
 19.23  state or county shall provide at least 30 days notice to vendors 
 19.24  before vendor payments of rent are reduced or terminated.  If 30 
 19.25  days notice cannot be given, the state or county shall notify 
 19.26  the vendor within three working days after the date the state or 
 19.27  county becomes aware that vendor payments of rent will be 
 19.28  reduced or terminated.  When the county notifies a vendor that 
 19.29  vendor payments of rent will be reduced or terminated, the 
 19.30  county shall include in the notice that it is illegal to 
 19.31  discriminate on the grounds that a person is receiving public 
 19.32  assistance and the penalties for violation.  The county shall 
 19.33  also notify the recipient that it is illegal to discriminate on 
 19.34  the grounds that a person is receiving public assistance and the 
 19.35  procedures for filing a complaint.  The county agency may 
 19.36  develop procedures, including using the MAXIS system, to 
 20.1   implement vendor notice and may charge vendors a fee not 
 20.2   exceeding $5 to cover notification costs. 
 20.3      (4) A vendor payment arrangement is not a guarantee that a 
 20.4   vendor will be paid by the state or county for rent, goods, or 
 20.5   services furnished to a recipient, and the state and county are 
 20.6   not liable for any damages claimed by a vendor due to failure of 
 20.7   the state or county to pay or to notify the vendor on behalf of 
 20.8   a recipient, except under a specific written agreement between 
 20.9   the state or county and the vendor or when the state or county 
 20.10  has provided a voucher guaranteeing payment under certain 
 20.11  conditions.  
 20.12     (5) The county shall be paid from state and federal funds 
 20.13  available therefor the amount provided for in section 256.82.  
 20.14     (6) Federal funds available for administrative purposes 
 20.15  shall be distributed between the state and the counties in the 
 20.16  same proportion that expenditures were made except as provided 
 20.17  for in section 256.017. 
 20.18     (7) The commissioner and affected county may require that 
 20.19  assistance paid under the AFDC emergency assistance program in 
 20.20  the form of a rental unit damage deposit, less any amount 
 20.21  retained by the landlord to pay for property damage, be returned 
 20.22  to the county when the assistance unit vacates the premises.  
 20.23  The damage deposit funds shall be returned to the county only in 
 20.24  those cases where the recipient will need the funds to secure a 
 20.25  new rental, in which case the funds shall be paid to the 
 20.26  recipient's new landlord as a vendor payment. 
 20.27     Sec. 14.  Minnesota Statutes 1994, section 256.87, 
 20.28  subdivision 1, is amended to read: 
 20.29     Subdivision 1.  [ACTIONS AGAINST PARENTS AND FINANCIALLY 
 20.30  RESPONSIBLE GRANDPARENTS FOR ASSISTANCE FURNISHED.] For the 
 20.31  purposes of this section, a financially responsible grandparent 
 20.32  is a natural or adoptive parent of a minor whose dependent child 
 20.33  is not living in the grandparents' home.  This responsibility 
 20.34  extends to either maternal or paternal grandparents.  A minor 
 20.35  for purposes of this section is anyone not legally emancipated.  
 20.36  A parent or financially responsible grandparent of a child is 
 21.1   liable for the amount of assistance furnished under sections 
 21.2   256.031 to 256.0361, 256.72 to 256.87, or under Title IV-E of 
 21.3   the Social Security Act or medical assistance under chapter 256, 
 21.4   256B, or 256D to and for the benefit of the child, including any 
 21.5   assistance furnished for the benefit of the caretaker of the 
 21.6   child, which the parent or financially responsible grandparent 
 21.7   has had the ability to pay.  The parent's ability to pay must be 
 21.8   determined according to chapter 518.  The financially 
 21.9   responsible grandparent's ability to pay may be determined 
 21.10  according to chapter 518.  The parent's or financially 
 21.11  responsible grandparent's liability is limited to the two years 
 21.12  immediately preceding the commencement of the action, except 
 21.13  that where child support has been previously ordered, the state 
 21.14  or county agency providing the assistance, as assignee of the 
 21.15  obligee, shall be entitled to judgments for child support 
 21.16  payments accruing within ten years preceding the date of the 
 21.17  commencement of the action up to the full amount of assistance 
 21.18  furnished.  The action may be ordered by the state agency or 
 21.19  county agency and shall be brought in the name of the county by 
 21.20  the county attorney of the county in which the assistance was 
 21.21  granted, or by the state agency against the parent or 
 21.22  financially responsible grandparent for the recovery of the 
 21.23  amount of assistance granted, together with the costs and 
 21.24  disbursements of the action.  The provisions of this subdivision 
 21.25  do not apply if the income of the financially responsible 
 21.26  grandparent has already been used to determine the child's 
 21.27  eligibility for public assistance. 
 21.28     Sec. 15.  Minnesota Statutes 1994, section 256.87, 
 21.29  subdivision 1a, is amended to read: 
 21.30     Subd. 1a.  [CONTINUING SUPPORT CONTRIBUTIONS.] In addition 
 21.31  to granting the county or state agency a money judgment, the 
 21.32  court may, upon a motion or order to show cause, order 
 21.33  continuing support contributions by a parent or financially 
 21.34  responsible grandparent found able to reimburse the county or 
 21.35  state agency.  The order shall be effective for the period of 
 21.36  time during which the recipient receives public assistance from 
 22.1   any county or state agency and thereafter.  The order shall 
 22.2   require support according to chapter 518.  The financially 
 22.3   responsible grandparent's ability to pay may be determined 
 22.4   according to chapter 518.  An order for continuing contributions 
 22.5   is reinstated without further hearing upon notice to the parent 
 22.6   or financially responsible grandparent by any county or state 
 22.7   agency that assistance is again being provided for the child of 
 22.8   the parent or financially responsible grandparent under sections 
 22.9   256.031 to 256.0361, 256.72 to 256.87, or under Title IV-E of 
 22.10  the Social Security Act or medical assistance under chapter 256, 
 22.11  256B, or 256D.  The notice shall be in writing and shall 
 22.12  indicate that the parent or financially responsible grandparent 
 22.13  may request a hearing for modification of the amount of support 
 22.14  or maintenance. 
 22.15     Sec. 16.  Minnesota Statutes 1994, section 256.87, 
 22.16  subdivision 5, is amended to read: 
 22.17     Subd. 5.  [CHILD NOT RECEIVING ASSISTANCE.] A person or 
 22.18  entity having physical custody of a dependent child not 
 22.19  receiving assistance under sections 256.72 to 256.87 has a cause 
 22.20  of action for child support against the child's absent 
 22.21  parents or absent financially responsible grandparents.  Upon a 
 22.22  motion served on the absent parent or absent financially 
 22.23  responsible grandparent, the court shall order child support 
 22.24  payments from the absent parent under chapter 518.  The absent 
 22.25  financially responsible grandparent's ability to pay may be 
 22.26  determined according to chapter 518.  The commissioner must 
 22.27  report to the chairs of the human services policy and funding 
 22.28  committees of the legislature by January 1, 1997, on the 
 22.29  implementation of the amendments to this subdivision, and to 
 22.30  subdivisions 1 and 1a, relating to grandparent responsibility.  
 22.31  This subdivision applies only if the person or entity has 
 22.32  physical custody with the consent of a custodial parent or 
 22.33  approval of the court. 
 22.34     Sec. 17.  Minnesota Statutes 1994, section 256.979, is 
 22.35  amended by adding a subdivision to read: 
 22.36     Subd. 9.  [ACCRUAL OF SUPPORT OBLIGATIONS.] The 
 23.1   commissioner of human services shall seek a waiver from the 
 23.2   secretary of the Department of Health and Human Services to 
 23.3   enable the agency to accrue child support payments received on 
 23.4   behalf of both AFDC and non-AFDC clients until the sum total of 
 23.5   the money owed by the state agency to the client is at least 
 23.6   $10.  Obligors shall be assessed a processing fee of $10 to be 
 23.7   retained by the county agency in every instance when both of the 
 23.8   following conditions exist: 
 23.9      (1) the obligor pays less than the required monthly support 
 23.10  obligation; and 
 23.11     (2) that reduced payment would result in a child support 
 23.12  payment to an AFDC or non-AFDC client of less than $10 for that 
 23.13  month. 
 23.14     Sec. 18.  Minnesota Statutes 1994, section 256.983, 
 23.15  subdivision 1, is amended to read: 
 23.16     Subdivision 1.  [PROGRAMS ESTABLISHED.] Within the limits 
 23.17  of available appropriations, and to the extent required or 
 23.18  authorized by applicable federal regulations, the commissioner 
 23.19  of human services shall require the establishment of fraud 
 23.20  prevention investigation programs in the seven counties 
 23.21  participating in the fraud prevention investigation pilot 
 23.22  project established under section 256.983, and in 11 additional 
 23.23  Minnesota counties with the largest aid to families with 
 23.24  dependent children program caseloads as of July 1, 1991.  If 
 23.25  funds are sufficient, the commissioner may also extend fraud 
 23.26  prevention investigation programs to:  (1) other counties that 
 23.27  have welfare fraud control programs already in place based on 
 23.28  enhanced funding contracts covering the fraud investigation 
 23.29  function; and (2) counties that have the largest AFDC caseloads 
 23.30  as of July 1, 1993, and are not currently participating in the 
 23.31  fraud prevention investigation pilot project.  The pilot project 
 23.32  may be expanded provided the expansion is budget neutral to the 
 23.33  state. 
 23.34     Sec. 19.  [256.9850] [IDENTITY VERIFICATION.] 
 23.35     The commissioner of human services shall seek from the 
 23.36  secretary of Health and Human Services all necessary waivers of 
 24.1   the requirements of the program of AFDC, to enable the 
 24.2   commissioner to establish a statewide program to test the 
 24.3   effectiveness of identity verification systems in the electronic 
 24.4   benefit transfer systems in the state AFDC program.  Identity 
 24.5   verification provisions shall be added to the statewide requests 
 24.6   for proposal on the expansion of electronic benefit transfer 
 24.7   systems in the AFDC program. 
 24.8      Sec. 20.  Minnesota Statutes 1994, section 256D.03, 
 24.9   subdivision 4, is amended to read: 
 24.10     Subd. 4.  [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a) 
 24.11  For a person who is eligible under subdivision 3, paragraph (a), 
 24.12  clause (3), general assistance medical care covers, except as 
 24.13  provided in paragraph (c): 
 24.14     (1) inpatient hospital services; 
 24.15     (2) outpatient hospital services; 
 24.16     (3) services provided by Medicare certified rehabilitation 
 24.17  agencies; 
 24.18     (4) prescription drugs and other products recommended 
 24.19  through the process established in section 256B.0625, 
 24.20  subdivision 13; 
 24.21     (5) equipment necessary to administer insulin and 
 24.22  diagnostic supplies and equipment for diabetics to monitor blood 
 24.23  sugar level; 
 24.24     (6) eyeglasses and eye examinations provided by a physician 
 24.25  or optometrist; 
 24.26     (7) hearing aids; 
 24.27     (8) prosthetic devices; 
 24.28     (9) laboratory and X-ray services; 
 24.29     (10) physician's services; 
 24.30     (11) medical transportation; 
 24.31     (12) chiropractic services as covered under the medical 
 24.32  assistance program; 
 24.33     (13) podiatric services; 
 24.34     (14) dental services; 
 24.35     (15) outpatient services provided by a mental health center 
 24.36  or clinic that is under contract with the county board and is 
 25.1   established under section 245.62; 
 25.2      (16) day treatment services for mental illness provided 
 25.3   under contract with the county board; 
 25.4      (17) prescribed medications for persons who have been 
 25.5   diagnosed as mentally ill as necessary to prevent more 
 25.6   restrictive institutionalization; 
 25.7      (18) case management services for a person with serious and 
 25.8   persistent mental illness who would be eligible for medical 
 25.9   assistance except that the person resides in an institution for 
 25.10  mental diseases; 
 25.11     (19) psychological services, medical supplies and 
 25.12  equipment, and Medicare premiums, coinsurance and deductible 
 25.13  payments; 
 25.14     (20) medical equipment not specifically listed in this 
 25.15  paragraph when the use of the equipment will prevent the need 
 25.16  for costlier services that are reimbursable under this 
 25.17  subdivision; and 
 25.18     (21) services performed by a certified pediatric nurse 
 25.19  practitioner, a certified family nurse practitioner, a certified 
 25.20  adult nurse practitioner, a certified obstetric/gynecological 
 25.21  nurse practitioner, or a certified geriatric nurse practitioner 
 25.22  in independent practice, if the services are otherwise covered 
 25.23  under this chapter as a physician service, and if the service is 
 25.24  within the scope of practice of the nurse practitioner's license 
 25.25  as a registered nurse, as defined in section 148.171. 
 25.26     (b) Except as provided in paragraph (c), for a recipient 
 25.27  who is eligible under subdivision 3, paragraph (a), clause (1) 
 25.28  or (2), general assistance medical care covers the services 
 25.29  listed in paragraph (a) with the exception of special 
 25.30  transportation services. 
 25.31     (c) Gender reassignment surgery and related services are 
 25.32  not covered services under this subdivision.  
 25.33     (d) In order to contain costs, the commissioner of human 
 25.34  services shall select vendors of medical care who can provide 
 25.35  the most economical care consistent with high medical standards 
 25.36  and shall where possible contract with organizations on a 
 26.1   prepaid capitation basis to provide these services.  The 
 26.2   commissioner shall consider proposals by counties and vendors 
 26.3   for prepaid health plans, competitive bidding programs, block 
 26.4   grants, or other vendor payment mechanisms designed to provide 
 26.5   services in an economical manner or to control utilization, with 
 26.6   safeguards to ensure that necessary services are provided.  
 26.7   Before implementing prepaid programs in counties with a county 
 26.8   operated or affiliated public teaching hospital or a hospital or 
 26.9   clinic operated by the University of Minnesota, the commissioner 
 26.10  shall consider the risks the prepaid program creates for the 
 26.11  hospital and allow the county or hospital the opportunity to 
 26.12  participate in the program in a manner that reflects the risk of 
 26.13  adverse selection and the nature of the patients served by the 
 26.14  hospital, provided the terms of participation in the program are 
 26.15  competitive with the terms of other participants considering the 
 26.16  nature of the population served.  Payment for services provided 
 26.17  pursuant to this subdivision shall be as provided to medical 
 26.18  assistance vendors of these services under sections 256B.02, 
 26.19  subdivision 8, and 256B.0625.  For payments made during fiscal 
 26.20  year 1990 and later years, the commissioner shall consult with 
 26.21  an independent actuary in establishing prepayment rates, but 
 26.22  shall retain final control over the rate methodology. 
 26.23     (d) (e) The commissioner of human services may reduce 
 26.24  payments provided under sections 256D.01 to 256D.21 and 261.23 
 26.25  in order to remain within the amount appropriated for general 
 26.26  assistance medical care, within the following restrictions. 
 26.27     For the period July 1, 1985 to December 31, 1985, 
 26.28  reductions below the cost per service unit allowable under 
 26.29  section 256.966, are permitted only as follows:  payments for 
 26.30  inpatient and outpatient hospital care provided in response to a 
 26.31  primary diagnosis of chemical dependency or mental illness may 
 26.32  be reduced no more than 30 percent; payments for all other 
 26.33  inpatient hospital care may be reduced no more than 20 percent.  
 26.34  Reductions below the payments allowable under general assistance 
 26.35  medical care for the remaining general assistance medical care 
 26.36  services allowable under this subdivision may be reduced no more 
 27.1   than ten percent. 
 27.2      For the period January 1, 1986 to December 31, 1986, 
 27.3   reductions below the cost per service unit allowable under 
 27.4   section 256.966 are permitted only as follows:  payments for 
 27.5   inpatient and outpatient hospital care provided in response to a 
 27.6   primary diagnosis of chemical dependency or mental illness may 
 27.7   be reduced no more than 20 percent; payments for all other 
 27.8   inpatient hospital care may be reduced no more than 15 percent.  
 27.9   Reductions below the payments allowable under general assistance 
 27.10  medical care for the remaining general assistance medical care 
 27.11  services allowable under this subdivision may be reduced no more 
 27.12  than five percent. 
 27.13     For the period January 1, 1987 to June 30, 1987, reductions 
 27.14  below the cost per service unit allowable under section 256.966 
 27.15  are permitted only as follows:  payments for inpatient and 
 27.16  outpatient hospital care provided in response to a primary 
 27.17  diagnosis of chemical dependency or mental illness may be 
 27.18  reduced no more than 15 percent; payments for all other 
 27.19  inpatient hospital care may be reduced no more than ten 
 27.20  percent.  Reductions below the payments allowable under medical 
 27.21  assistance for the remaining general assistance medical care 
 27.22  services allowable under this subdivision may be reduced no more 
 27.23  than five percent.  
 27.24     For the period July 1, 1987 to June 30, 1988, reductions 
 27.25  below the cost per service unit allowable under section 256.966 
 27.26  are permitted only as follows:  payments for inpatient and 
 27.27  outpatient hospital care provided in response to a primary 
 27.28  diagnosis of chemical dependency or mental illness may be 
 27.29  reduced no more than 15 percent; payments for all other 
 27.30  inpatient hospital care may be reduced no more than five percent.
 27.31  Reductions below the payments allowable under medical assistance 
 27.32  for the remaining general assistance medical care services 
 27.33  allowable under this subdivision may be reduced no more than 
 27.34  five percent. 
 27.35     For the period July 1, 1988 to June 30, 1989, reductions 
 27.36  below the cost per service unit allowable under section 256.966 
 28.1   are permitted only as follows:  payments for inpatient and 
 28.2   outpatient hospital care provided in response to a primary 
 28.3   diagnosis of chemical dependency or mental illness may be 
 28.4   reduced no more than 15 percent; payments for all other 
 28.5   inpatient hospital care may not be reduced.  Reductions below 
 28.6   the payments allowable under medical assistance for the 
 28.7   remaining general assistance medical care services allowable 
 28.8   under this subdivision may be reduced no more than five percent. 
 28.9      There shall be no copayment required of any recipient of 
 28.10  benefits for any services provided under this subdivision.  A 
 28.11  hospital receiving a reduced payment as a result of this section 
 28.12  may apply the unpaid balance toward satisfaction of the 
 28.13  hospital's bad debts. 
 28.14     (e) (f) Any county may, from its own resources, provide 
 28.15  medical payments for which state payments are not made. 
 28.16     (f) (g) Chemical dependency services that are reimbursed 
 28.17  under chapter 254B must not be reimbursed under general 
 28.18  assistance medical care. 
 28.19     (g) (h) The maximum payment for new vendors enrolled in the 
 28.20  general assistance medical care program after the base year 
 28.21  shall be determined from the average usual and customary charge 
 28.22  of the same vendor type enrolled in the base year. 
 28.23     (h) (i) The conditions of payment for services under this 
 28.24  subdivision are the same as the conditions specified in rules 
 28.25  adopted under chapter 256B governing the medical assistance 
 28.26  program, unless otherwise provided by statute or rule. 
 28.27     Sec. 21.  Minnesota Statutes 1994, section 256D.05, 
 28.28  subdivision 6, is amended to read: 
 28.29     Subd. 6.  [ASSISTANCE FOR PERSONS WITHOUT A VERIFIED 
 28.30  RESIDENCE.] (a) For applicants or recipients of general 
 28.31  assistance, emergency general assistance, or work readiness 
 28.32  assistance who do not have a verified residence address, the 
 28.33  county agency may provide assistance using one or more of the 
 28.34  following methods: 
 28.35     (1) the county agency may provide assistance in the form of 
 28.36  vouchers or vendor payments and provide separate vouchers or 
 29.1   vendor payments for food, shelter, and other needs; 
 29.2      (2) the county agency may divide the monthly assistance 
 29.3   standard into weekly payments, whether in cash or by voucher or 
 29.4   vendor payment.  Nothing in this clause prevents the county 
 29.5   agency from issuing voucher or vendor payments for emergency 
 29.6   general assistance in an amount less than the standards of 
 29.7   assistance; and 
 29.8      (3) the county agency may determine eligibility and provide 
 29.9   assistance on a weekly basis.  Weekly assistance can be issued 
 29.10  in cash or by voucher or vendor payment and can be determined 
 29.11  either on the basis of actual need or by prorating the monthly 
 29.12  assistance standard; and 
 29.13     (4) for the purposes of clauses (2) and (3), the county 
 29.14  agency may divide the monthly assistance standard as follows:  
 29.15  $50 per week for each of the first three weeks, and the 
 29.16  remainder for the fourth week. 
 29.17     (b) An individual may verify a residence address by 
 29.18  providing a driver's license; a state identification card; a 
 29.19  statement by the landlord, apartment manager, or homeowner 
 29.20  verifying that the individual is residing at the address; or 
 29.21  other written documentation approved by the commissioner. 
 29.22     (c) Notwithstanding the provisions of section 256D.06, 
 29.23  subdivision 1, if the county agency elects to provide assistance 
 29.24  on a weekly payment basis, the agency may not provide assistance 
 29.25  for a period during which no need is claimed by the individual 
 29.26  unless the individual has good cause for failing to claim need.  
 29.27  The individual must be notified, each time weekly assistance is 
 29.28  provided, that subsequent weekly assistance will not be issued 
 29.29  unless the individual claims need.  The advance notice required 
 29.30  under section 256D.10 does not apply to weekly assistance that 
 29.31  is withheld because the individual failed to claim need without 
 29.32  good cause.  
 29.33     (d) The county agency may not issue assistance on a weekly 
 29.34  basis to an applicant or recipient who has professionally 
 29.35  certified mental illness or mental retardation or a related 
 29.36  condition, or to an assistance unit that includes minor 
 30.1   children, unless requested by the assistance unit. 
 30.2      Sec. 22.  Minnesota Statutes 1994, section 256D.09, is 
 30.3   amended by adding a subdivision to read: 
 30.4      Subd. 5.  [VENDOR PAYMENTS TO LANDLORDS.] The commissioner 
 30.5   and affected county may require that assistance paid under the 
 30.6   emergency general assistance program in the form of a rental 
 30.7   unit damage deposit, less any amount retained by the landlord to 
 30.8   pay for property damage, be returned to the county when the 
 30.9   recipient vacates the premises.  The damage deposit funds shall 
 30.10  be returned to the county only in those cases where the 
 30.11  recipient will need the funds to secure a new rental, in which 
 30.12  case the funds shall be paid to the recipient's new landlord as 
 30.13  a vendor payment. 
 30.14     Sec. 23.  Minnesota Statutes 1994, section 256D.09, is 
 30.15  amended by adding a subdivision to read: 
 30.16     Subd. 6.  [RECOVERY OF OVERPAYMENTS.] (a) If an amount of 
 30.17  general assistance, family general assistance, or work readiness 
 30.18  assistance is paid to a recipient in excess of the payment due, 
 30.19  it shall be recoverable by the county agency.  The agency shall 
 30.20  give written notice to the recipient of its intention to recover 
 30.21  the overpayment. 
 30.22     (b) When an overpayment occurs, the county agency shall 
 30.23  recover the overpayment from a current recipient by reducing the 
 30.24  amount of aid payable to the assistance unit of which the 
 30.25  recipient is a member, for one or more monthly assistance 
 30.26  payments, until the overpayment is repaid.  All county agencies 
 30.27  in the state shall reduce the assistance payment by three 
 30.28  percent of the assistance unit's standard of need or the amount 
 30.29  of the monthly payment, whichever is less, for all overpayments 
 30.30  whether or not the overpayment is due solely to agency error.  
 30.31  The amount of this reduction is ten percent, if the overpayment 
 30.32  is due solely to having wrongfully obtained assistance, whether 
 30.33  based on: 
 30.34     (1) a court order; 
 30.35     (2) the finding of an administrative fraud disqualification 
 30.36  hearing or the waiver of such a hearing; or 
 31.1      (3) a confession or judgment containing an admission of an 
 31.2   intentional program violation. 
 31.3      (c) In cases when there is both an overpayment and 
 31.4   underpayment, the county agency shall offset one against the 
 31.5   other in correcting the payment. 
 31.6      (d) Overpayments may also be voluntarily repaid, in part or 
 31.7   in full, by the individual, in addition to the aid reductions 
 31.8   provided in this subdivision, until the total amount of the 
 31.9   overpayment is repaid. 
 31.10     (e) The county agency shall make reasonable efforts to 
 31.11  recover overpayments to persons no longer on assistance under 
 31.12  standards adopted in rule by the commissioner of human 
 31.13  services.  The county agency need not attempt to recover 
 31.14  overpayments of less than $35 paid to an individual no longer on 
 31.15  assistance if the individual does not receive assistance again 
 31.16  within three years, unless the individual has been convicted of 
 31.17  violating section 256.98. 
 31.18     Sec. 24.  Minnesota Statutes 1994, section 256H.03, 
 31.19  subdivision 2b, is amended to read: 
 31.20     Subd. 2b.  [FUNDING PRIORITY.] (a) First priority must be 
 31.21  given to parents who have completed their first AFDC transition 
 31.22  year.  
 31.23     (b) Second priority for child care assistance under the 
 31.24  basic sliding fee program must be given to eligible non-AFDC 
 31.25  families who do not have a high school or general equivalency 
 31.26  diploma or who need remedial and basic skill courses in order to 
 31.27  pursue employment or to pursue education leading to employment.  
 31.28  Within this priority, the following subpriorities must be used: 
 31.29     (1) child care needs of minor parents; 
 31.30     (2) child care needs of parents under 21 years of age; and 
 31.31     (3) child care needs of other parents within the priority 
 31.32  group described in this paragraph. 
 31.33     (b) Second priority must be given to parents who have 
 31.34  completed their AFDC transition year. 
 31.35     Sec. 25.  Minnesota Statutes 1994, section 256H.05, 
 31.36  subdivision 1b, is amended to read: 
 32.1      Subd. 1b.  [ELIGIBLE RECIPIENTS.] Families eligible for 
 32.2   guaranteed child care assistance under the AFDC child care 
 32.3   program are: 
 32.4      (1) persons receiving services under section 256.736; 
 32.5      (2) AFDC recipients who are employed; 
 32.6      (3) persons who are members of first year transition year 
 32.7   families under section 256H.01, subdivision 16; 
 32.8      (4) members of the control group for the STRIDE evaluation 
 32.9   conducted by the Manpower Demonstration Research Corporation; 
 32.10  and 
 32.11     (5) AFDC caretakers who are participating in the non-STRIDE 
 32.12  AFDC child care program; and 
 32.13     (6) persons participating in the immediate job search pilot 
 32.14  project in Hennepin and Otter Tail counties. 
 32.15     Sec. 26.  Minnesota Statutes 1994, section 268.672, 
 32.16  subdivision 6, is amended to read: 
 32.17     Subd. 6.  [ELIGIBLE JOB APPLICANT.] "Eligible job 
 32.18  applicant" means a person who:  (1) has been a resident of this 
 32.19  state for at least one month, (2) is unemployed, (3) is not 
 32.20  receiving and is not qualified to receive reemployment insurance 
 32.21  or workers' compensation, and (4) is determined to be likely to 
 32.22  be available for employment by an eligible employer for the 
 32.23  duration of the job, and (5) is participating in the immediate 
 32.24  job search pilot project in Hennepin and Otter Tail counties.  
 32.25     For the purposes of this subdivision, a farmer or any 
 32.26  member of a farm family household who can demonstrate severe 
 32.27  household financial need must be considered unemployed.  
 32.28     Sec. 27.  Minnesota Statutes 1994, section 268.6751, is 
 32.29  amended by adding a subdivision to read: 
 32.30     Subd. 3.  [PILOT PROJECT SUBSIDIES.] The commissioner shall 
 32.31  allocate wage subsidy funds for pilot project programs related 
 32.32  to welfare reform.  The commissioner shall allocate funds to 
 32.33  counties selected to participate in pilot projects by 
 32.34  determining each county's proportionate share of AFDC and family 
 32.35  general assistance cases. 
 32.36     Sec. 28.  [STUDY AND REPORT.] 
 33.1      The commissioner of human services shall report to the 
 33.2   chairs of the human services policy and funding committees of 
 33.3   the legislature by January 15, 1996, recommendations for 
 33.4   establishing a statewide employment and training program for 
 33.5   unemployed noncustodial parents modeled after the national 
 33.6   parent's fair share pilot project.  The report shall include 
 33.7   cost estimates and must be developed in consultation with the 
 33.8   departments of trade and economic development and economic 
 33.9   security, and with counties that participate in the national 
 33.10  pilot project and other interested counties. 
 33.11     Sec. 29.  [STATE STANDARD OF NEED STUDY.] 
 33.12     The commissioner shall conduct a study of, and make 
 33.13  recommendations on, the state standard of need and payment 
 33.14  levels in the AFDC program.  The study shall be conducted in 
 33.15  accordance with the requirements of federal law and the 
 33.16  requirements of this section.  In conducting the study the 
 33.17  commissioner shall make detailed findings on the cost of the 
 33.18  following in Minnesota:  shelter, food, clothing, fuel, 
 33.19  transportation, and other basic needs.  The commissioner shall 
 33.20  also consider regional differences within the state in 
 33.21  determining the cost of items included in the standard of need 
 33.22  budget.  In all cost estimates, the commissioner shall take into 
 33.23  account the ages of the AFDC recipients, most specifically the 
 33.24  fact that most of the recipients are children whose needs, 
 33.25  particularly for food and clothing items, may exceed that of 
 33.26  adults.  The commissioner shall also examine various options for 
 33.27  enabling working families on AFDC to retain more of their 
 33.28  earnings, including the option of increasing the state standard 
 33.29  of need, alone, or in concert with various "fill-the-gap" 
 33.30  budgeting systems that could be used to determine assistance 
 33.31  levels for working AFDC families.  The commissioner shall 
 33.32  present the report with recommendations to the chairs of the 
 33.33  human services policy and funding committees of the legislature 
 33.34  by February 15, 1996. 
 33.35     Sec. 30.  [CHILD CARE COOPERATIVES STUDY.] 
 33.36     The commissioner of human services shall determine the 
 34.1   feasibility of operation and use of child care cooperatives by 
 34.2   AFDC recipients who are working or attending school. 
 34.3      The commissioner shall present to the 1996 legislature the 
 34.4   results of the determination and statewide phased-in 
 34.5   implementation plan starting with counties designated by the 
 34.6   commissioner, including at a minimum, at least one rural and one 
 34.7   metro county.  The plan must ensure parental choice of a 
 34.8   provider that best suits the family needs, identify evaluation 
 34.9   criteria, state plan amendments, state legislation waivers, and 
 34.10  all other information that is necessary to implement the plan. 
 34.11     Sec. 31.  [CONSULT AND PROVIDE INFORMATION ON CHANGES 
 34.12  NEEDED IN FEDERAL PROGRAMS.] 
 34.13     The commissioner of human services, in consultation with 
 34.14  the commissioners of economic security and the Minnesota housing 
 34.15  finance agency, shall consult with appropriate federal agencies 
 34.16  about changes needed in federal law: 
 34.17     (1) to expand federal Housing and Urban Development (HUD) 
 34.18  public housing programs to better meet the needs of homeless 
 34.19  families; 
 34.20     (2) to improve the fit of supplemental security income (SSI)
 34.21  programs with the aid to families with dependent children (AFDC) 
 34.22  program; and 
 34.23     (3) to create a national standard of need and a national 
 34.24  formula for benefit payments in the program of aid to families 
 34.25  with dependent children. 
 34.26     The commissioner of human services shall provide 
 34.27  information on the results of these consultations to the chairs 
 34.28  of the human services policy and funding committees of the 
 34.29  legislature by February 15, 1996, with recommendations. 
 34.30     Sec. 32.  [JOINT EFFORT; INCENTIVES TO WORK.] 
 34.31     The departments of human services and revenue must jointly 
 34.32  design a plan which provides the following monetary supplements 
 34.33  on a monthly basis to working families:  federal and state 
 34.34  earned income tax credits, renters credit, housing subsidy, and 
 34.35  dependent care credit.  The commissioner shall report the 
 34.36  recommendations in the plan to the chairs of the human services 
 35.1   policy and funding committees of the legislature by January 1, 
 35.2   1995. 
 35.3      Sec. 33.  [STUDY OF WORK FIRST AND IMMEDIATE JOB SEARCH 
 35.4   PROPOSALS.] 
 35.5      The commissioners of the departments of human services and 
 35.6   economic security shall examine the requirements of sections 2 
 35.7   and 36 and, in consultation with Hennepin county, Otter Tail 
 35.8   county, and other counties, to develop recommendations to merge 
 35.9   the different approaches in the two sections into a single 
 35.10  program.  The commissioners shall submit the recommendations to 
 35.11  the legislature by January 15, 1996.  The recommendations shall 
 35.12  include implementation in at least both counties in the 1996 
 35.13  fiscal year and allow flexibility among counties in designing 
 35.14  the types of service, employment programs, and delivery systems 
 35.15  to fit local conditions and priorities.  The recommendations 
 35.16  must also identify needed federal waivers, evaluation criteria, 
 35.17  state plan amendments, and other actions needed to implement the 
 35.18  recommendations. 
 35.19     Sec. 34.  [PARENTS' FAIR SHARE; MANDATORY COMMUNITY WORK 
 35.20  EXPERIENCE.] 
 35.21     The parents' fair share (PFS) pilot project shall include a 
 35.22  mandatory community work experience component for participants 
 35.23  who fail to comply with other requirements of the pilot project. 
 35.24     Sec. 35.  [FEDERAL WAIVER PACKAGE.] 
 35.25     Subdivision 1.  [REQUEST.] The department of human services 
 35.26  shall make a single request for the waivers listed in this 
 35.27  section to the United States Department of Health and Human 
 35.28  Services.  The waivers in the package support and encourage AFDC 
 35.29  recipients to move from reliance on welfare to 
 35.30  self-sufficiency.  The commissioner shall explore alternatives 
 35.31  to the waiver evaluation process, which is required by the 
 35.32  federal government, in an effort to reduce costs of the 
 35.33  evaluation, and develop a cost-effective evaluation process for 
 35.34  the waiver package in this section.  The commissioner shall 
 35.35  investigate the feasibility of the following:  (1) one 
 35.36  evaluation for the entire waiver package; (2) consolidation of 
 36.1   evaluation efforts for the same or similar waiver with another 
 36.2   state; (3) completion of the evaluation internally, possibly by 
 36.3   the office of legislative auditor; and (4) other alternatives.  
 36.4   The commissioner shall also notify the revisor of statutes when 
 36.5   each waiver is approved by the federal government. 
 36.6      Subd. 2.  [WAIVER TO DISALLOW PARENTAL INCOME OF A PREGNANT 
 36.7   OR PARENTING MINOR LIVING WITH PARENTS.] The commissioner shall 
 36.8   seek the following waivers:  (1) from the filing unit 
 36.9   requirement, Code of Federal Regulations, title 45, section 
 36.10  206.10(a)(1)(vii), for minor parents living with a parent on 
 36.11  AFDC with other dependent children, resulting in the minor 
 36.12  parent receiving the same separate need standard available if 
 36.13  the minor parent's parent was not on AFDC; (2) to disregard all 
 36.14  parental income if the parent is on AFDC with other children; 
 36.15  and (3) if the parent is not on AFDC with other children, to 
 36.16  disregard 150 percent of the federal poverty guideline and deem 
 36.17  the remainder of income under Code of Federal Regulations, title 
 36.18  45, section 233.20(a)(3)(xviii), provided the parental income 
 36.19  does not exceed 150 percent of poverty.  If the commissioner 
 36.20  experiences barriers or complications in preparing the waiver 
 36.21  under this subdivision, the commissioner shall report back to 
 36.22  the legislature for clarification without delaying the requests 
 36.23  for the other waivers under this section.  The commissioner 
 36.24  shall also explore how the waivers under this subdivision will 
 36.25  affect other programs, and report to the legislature potential 
 36.26  waivers to provide necessary consistency across programs.  The 
 36.27  general policy in requesting these waivers is to keep the family 
 36.28  intact and give the minor parent, the dependent child, and the 
 36.29  grandparent an incentive to continue living together as a 
 36.30  family.  That incentive is to provide the minor parent with a 
 36.31  grant, probably based on a two-child standard, without taking a 
 36.32  grant away from the grandparent.  These waivers encourage a 
 36.33  minor parent to remain living with the parent by reducing the 
 36.34  barriers to receiving assistance.  The waiver authorized by this 
 36.35  subdivision shall not be implemented until after January 1, 1996.
 36.36     Subd. 3.  [WAIVER OF 100-HOUR RULE; WORK HISTORY 
 37.1   REQUIREMENT; 30-DAY WAITING PERIOD REQUIREMENT.] The 
 37.2   commissioner shall seek a waiver to eliminate the 100-hour rule 
 37.3   under Code of Federal Regulations, title 45, section 
 37.4   233.100(a)(1)(i); the eligibility requirement for past 
 37.5   employment history under Code of Federal Regulations, title 45, 
 37.6   section 233.100(a)(3)(iii); and the requirement for a 30-day 
 37.7   waiting period under Code of Federal Regulations, title 45, 
 37.8   section 233.100(a)(3)(i).  
 37.9      Subd. 4.  [WAIVER OF MOTOR VEHICLE RESOURCE LIMIT.] The 
 37.10  commissioner shall seek a waiver to increase the maximum equity 
 37.11  value of a licensed motor vehicle, which can be excluded as a 
 37.12  resource under the federal regulations, from $1,500 to the level 
 37.13  permitted under the federal Food Stamp Program.  This waiver is 
 37.14  essential for AFDC recipients who need reliable transportation 
 37.15  to participate in education, work, and training to become 
 37.16  self-sufficient. 
 37.17     Subd. 5.  [WAIVER TO ALLOW STUDENTS TO EARN INCOME.] The 
 37.18  commissioner shall seek a waiver of the federal regulation which 
 37.19  includes the earned income of dependent children and minor 
 37.20  caretakers who are attending school at least half time when 
 37.21  determining eligibility for AFDC.  The commissioner shall also 
 37.22  seek a waiver which allows savings set aside in a separate 
 37.23  account specifically for future education or employment needs to 
 37.24  be excluded from the AFDC resource limits. 
 37.25     Subd. 6.  [PARENTING SKILLS TRAINING; WAIVER FOR BONUS.] 
 37.26  The commissioner of human services shall seek a waiver of 
 37.27  federal requirements in the program of AFDC to enable Hennepin 
 37.28  county to provide and fund a special one-time bonus of $50 to 
 37.29  both the custodial and noncustodial parent in recipient families 
 37.30  who attend a county-approved program of ten hours or more in 
 37.31  parent skills training.  This waiver shall be part of the waiver 
 37.32  request described in this section and, if approved, shall be 
 37.33  implemented in Hennepin county on the same time schedule in this 
 37.34  section. 
 37.35     Subd. 7.  [IMPLEMENTATION.] The commissioner shall notify 
 37.36  the chairs of the human services policy and funding committees 
 38.1   of the senate and house of representatives when the waivers 
 38.2   authorized by this section are received.  The commissioner shall 
 38.3   provide details on the substance of the federal requirements for 
 38.4   each waiver received.  No waiver shall be implemented until 
 38.5   approved by the legislature. 
 38.6      Subd. 8.  [STUDY OF WORK INCENTIVE FOR EMPLOYED DISABLED 
 38.7   PERSONS.] The commissioner shall analyze the cost of a work 
 38.8   incentive for disabled persons eligible for medical assistance 
 38.9   who are not residents of long-term care facilities.  The work 
 38.10  incentive shall be a medical assistance earned income disregard 
 38.11  for employed disabled persons equivalent to the threshold amount 
 38.12  applied to persons who qualify under section 1619(b) of the 
 38.13  Social Security Act, except that when a disabled person's earned 
 38.14  income reaches the maximum income permitted at the threshold 
 38.15  under section 1619(b), the person shall retain medical 
 38.16  assistance eligibility and must contribute to the costs of 
 38.17  medical care on a sliding fee basis.  The commissioner shall 
 38.18  report back to the chairs of the human services policy and 
 38.19  funding committees of the legislature by February 15, 1996, on 
 38.20  the cost of this work incentive with timetables for 
 38.21  implementation. 
 38.22     Sec. 36.  [IMMEDIATE JOB SEARCH; PILOT PROJECT.] 
 38.23     Subdivision 1.  [PILOT PROJECT.] Hennepin county and Otter 
 38.24  Tail county shall develop and implement a pilot project which 
 38.25  requires AFDC and family general assistance recipients not 
 38.26  previously entered on the MAXIS computer system to begin 
 38.27  immediate job search. 
 38.28     Subd. 2.  [PROGRAM REQUIREMENTS.] (a) Recipients who become 
 38.29  eligible for assistance on or after January 1, 1996, in Otter 
 38.30  Tail county and on or after October 1, 1996, in Hennepin county, 
 38.31  or after necessary waivers have been obtained, whichever occurs 
 38.32  later, shall be screened by a financial eligibility worker as 
 38.33  follows: 
 38.34     (1) recipients who have serious barriers to employment and 
 38.35  may be eligible for Supplemental Security Income shall be 
 38.36  referred for a Supplemental Security Income assessment according 
 39.1   to the procedures in Minnesota Statutes, section 256D.06, 
 39.2   subdivision 7; and 
 39.3      (2) all other recipients shall immediately participate in 
 39.4   the existing job search program in the county for up to 60 days, 
 39.5   except: 
 39.6      (i) those persons exempt under Minnesota Statutes, section 
 39.7   256.736, subdivision 14, provided that the exemption for a 
 39.8   caretaker providing full-time care for the child is only 
 39.9   available while the child is under the age of one; and 
 39.10     (ii) persons participating in the Minnesota family 
 39.11  investment program under Minnesota Statutes, section 256.033. 
 39.12     (b) Participation in job search under paragraph (a) is a 
 39.13  condition of eligibility for AFDC and family general assistance. 
 39.14     (c) Recipients under paragraph (a), clause (2), that have 
 39.15  not become employed within 60 days may be referred to a 
 39.16  multidisciplinary team of qualified professionals for an 
 39.17  employability development plan which: 
 39.18     (i) will take into account the needs of the recipient's 
 39.19  physical capacity, skills, experience, health and safety, family 
 39.20  responsibilities, place of residence, proficiency, child care, 
 39.21  and other support service needs; 
 39.22     (ii) is based on available resources and local employment 
 39.23  opportunities; 
 39.24     (iii) specifies the services to be provided by the 
 39.25  employment and training service provider; 
 39.26     (iv) specifies the activities the recipient will 
 39.27  participate in, including the worksite to which the caretaker 
 39.28  will be assigned, if the caretaker is subject to the 
 39.29  requirements of Minnesota Statutes, section 256.737, subdivision 
 39.30  2; 
 39.31     (v) specifies necessary supportive services such as child 
 39.32  care; and 
 39.33     (vi) to the extent possible, reflects the preferences of 
 39.34  the participant.  The employability development plan must be 
 39.35  completed 90 days after applying for assistance. 
 39.36     (d) Recipients who are successful in gaining employment 
 40.1   during job search are eligible for job-related child care until 
 40.2   they qualify for sliding fee child care assistance. 
 40.3      (e) Recipients who have not become employed after 
 40.4   completing their employability plan may be referred to the 
 40.5   emergency jobs program under Minnesota Statutes, section 268.673.
 40.6      Subd. 3.  [WAGE SUBSIDY FOR PILOT PROJECT.] For the 
 40.7   purposes of this pilot project, the wage subsidy funding under 
 40.8   Minnesota Statutes, section 268.6751, must be allocated to 
 40.9   Hennepin and Otter Tail counties by determining the number of 
 40.10  AFDC and family general assistance cases in each county as a 
 40.11  percentage of the total AFDC and family general assistance state 
 40.12  caseload, provided that the total appropriation for this purpose 
 40.13  shall be allocated to the rural county until October 1, 1996.  
 40.14  The appropriation may be used for persons in any stage of the 
 40.15  pilot project. 
 40.16     Subd. 4.  [PRIORITIZATION OF CLIENTS.] The project must 
 40.17  include criteria to prioritize clients if sufficient funds are 
 40.18  not available to serve all eligible clients. 
 40.19     Subd. 5.  [WORKER DISPLACEMENT PROHIBITED.] (a) For 
 40.20  purposes of work performed by an individual with an employer 
 40.21  whose employees are covered by a collective bargaining 
 40.22  agreement, a pilot project county must obtain the written 
 40.23  concurrence of the appropriate exclusive bargaining 
 40.24  representative with respect to the individual's job duties to 
 40.25  ensure that no work performed results in: 
 40.26     (1) termination, layoff, or reduction of the work hours of 
 40.27  an employee for the purpose of hiring an individual; 
 40.28     (2) the hiring of an individual if any other person is on 
 40.29  layoff from the same or a substantially equivalent job; 
 40.30     (3) any infringement of the promotional opportunities of 
 40.31  any currently employed individual; 
 40.32     (4) the impairment of existing contracts for service or 
 40.33  collective bargaining agreements; or 
 40.34     (5) except for on-the-job training, a participant filling 
 40.35  an established unfilled position vacancy.  Work established 
 40.36  under this pilot project must also result in an increase in 
 41.1   employment opportunities over those which would otherwise be 
 41.2   available. 
 41.3      (b) For purposes of this section a pilot project county and 
 41.4   bargaining units representing public employees may enter into 
 41.5   agreements that provide for the training of individuals, 
 41.6   on-the-job experience, or work experience training provided that 
 41.7   such arrangements result in permanent employment.  If the 
 41.8   permanent employment is with a public employer, wages and 
 41.9   benefits must be provided according to collectively bargained 
 41.10  agreements. 
 41.11     Subd. 6.  [PUBLIC WORKS.] The commissioners of the 
 41.12  department of economic security and the department of human 
 41.13  services shall work with Hennepin and Otter Tail counties to 
 41.14  develop a plan to implement a public works employment program 
 41.15  that requires: 
 41.16     (1) the development of a public works employment project 
 41.17  and the creation of a public works labor force pool of program 
 41.18  recipients who may be contracted to other taxing jurisdictions, 
 41.19  agencies, and companies to provide a range of employment; 
 41.20     (2) a long-term economic impact statement to empirically 
 41.21  measure the economic benefits of public employment efforts on 
 41.22  the property tax base, new income tax revenue, reductions in 
 41.23  crime rates, and other criteria; and 
 41.24     (3) public works employment to focus on projects that 
 41.25  address the core factors leading to poverty, that improve 
 41.26  property values, reduce welfare dependency, that improve 
 41.27  housing, and reduce crime. 
 41.28     Subd. 7.  [REPORT.] The commissioner shall provide to the 
 41.29  chairs of the human services policy and funding committees of 
 41.30  the legislature by February 1, 1996, a progress report on the 
 41.31  pilot project.  The report must include recommendations on 
 41.32  whether the project should be continued. 
 41.33     Sec. 37.  [APPROPRIATIONS.] 
 41.34     Subdivision 1.  [APPROPRIATIONS.] The appropriations in 
 41.35  this section, except for subdivision 10, are from the general 
 41.36  fund to the commissioner of human services and are available for 
 42.1   the fiscal year ending June 30, 1996, and are added to or 
 42.2   subtracted from the appropriation in Laws 1993, First Special 
 42.3   Session chapter 1, article 1, section 2. 
 42.4      Subd. 2.  [PARENT'S FAIR SHARE PILOT PROJECT.] $500,000 is 
 42.5   appropriated for the following purposes: 
 42.6      (a) $300,000 for a grant to Ramsey county to enable the 
 42.7   county to participate in the parent's fair share pilot project.  
 42.8   This money is available only if Ramsey county is accepted for 
 42.9   participation in the national pilot project.  As a condition of 
 42.10  this grant, the commissioner may require a local match from the 
 42.11  county.  
 42.12     (b) $50,000 each added to the appropriations to Anoka and 
 42.13  Dakota counties for costs associated with the parent's fair 
 42.14  share pilot project. 
 42.15     (c) $100,000 for costs associated with the mandatory 
 42.16  community work experience component of the parents' fair share 
 42.17  pilot project. 
 42.18     Subd. 3.  [FOOD STAMP OUTREACH.] $125,000 is appropriated 
 42.19  to the commissioner of human services for the food stamp 
 42.20  outreach program authorized by Minnesota Statutes, section 
 42.21  256.01, for the period beginning January 1, 1996, and ending 
 42.22  June 30, 1997, for the following purposes: 
 42.23     (1) paying the expenses of planning and implementing the 
 42.24  food stamp outreach program; and 
 42.25     (2) in those counties where only 15 to 30 percent of 
 42.26  persons below 125 percent of the poverty level are participating 
 42.27  in the food stamp program, contracting with community 
 42.28  organizations and groups to conduct food stamp outreach 
 42.29  programs.  These programs should include one or more of the 
 42.30  following objectives: 
 42.31     (i) provision of program referrals and program literature; 
 42.32     (ii) provision of support for the reduction of any stigma 
 42.33  that may be attached to working with public assistance program 
 42.34  administrators and clients; 
 42.35     (iii) provision of leadership in developing better 
 42.36  understanding and greater acceptance of public assistance 
 43.1   programs, including food stamps; and 
 43.2      (iv) provision of necessary and allowable expenses of 
 43.3   persons participating in any food plan outreach program task 
 43.4   force established by the commissioner. 
 43.5      Subd. 4.  [BASIC SLIDING FEE PROGRAM.] $5,514,000 is added 
 43.6   to the appropriation for the basic sliding fee program 
 43.7   established under Minnesota Statutes, section 256H.03.  In 
 43.8   addition to the preceding appropriation in this subdivision, an 
 43.9   additional $97,000 is added to the final appropriation for the 
 43.10  basic sliding fee program. 
 43.11     Subd. 5.  [CWEP.] $149,000 is appropriated to pay for costs 
 43.12  associated with the claims arising from CWEP, established under 
 43.13  Minnesota Statutes, section 256.737. 
 43.14     Subd. 6.  [SOCIAL SERVICES EVALUATION.] $330,000 is 
 43.15  appropriated to pay for county costs associated with minor 
 43.16  caretaker evaluations. 
 43.17     Subd. 7.  [FRAUD PREVENTION INVESTIGATION PROGRAM.] 
 43.18  $250,000 is added to the appropriation to expand the number of 
 43.19  counties participating in the fraud prevention investigation 
 43.20  program. 
 43.21     Subd. 8.  [IMMEDIATE JOB SEARCH; PILOT PROJECT.] $22,000 is 
 43.22  appropriated to pay for additional employment and training costs 
 43.23  associated with the immediate job search pilot project.  
 43.24     Subd. 9.  [CHILD CARE COOPERATIVES STUDY.] $15,000 is 
 43.25  appropriated for the child care cooperatives study and plan 
 43.26  implementation. 
 43.27     Subd. 10.  [HUMAN SERVICES ADMINISTRATION.] $764,000 is 
 43.28  appropriated to pay for administrative costs. 
 43.29     Subd. 11.  [WAGE SUBSIDY.] $100,000 is appropriated from 
 43.30  the general fund to the commissioner of economic security and is 
 43.31  available for the fiscal year ending June 30, 1996, for wage 
 43.32  subsidies associated with the immediate job search pilot project.
 43.33     Subd. 12.  [DISPLACED HOMEMAKERS.] $225,000 is appropriated 
 43.34  to the commissioner of economic security for the purpose of 
 43.35  funding programs for displaced homemakers under Minnesota 
 43.36  Statutes, section 268.96. 
 44.1      Sec. 38.  [REPEALER.] 
 44.2      Minnesota Statutes 1994, section 256.734, is repealed. 
 44.3      Sec. 39.  [EFFECTIVE DATE.] 
 44.4      Section 6 (parenting or pregnant minors) is effective 
 44.5   October 1, 1995.  Section 29 (state standard of need study) is 
 44.6   effective the day after final enactment. 
 44.7                              ARTICLE 2
 44.8      Section 1.  Minnesota Statutes 1994, section 518.575, is 
 44.9   amended to read: 
 44.10     518.575 [PUBLICATION OF NAMES OF DELINQUENT CHILD SUPPORT 
 44.11  OBLIGORS.] 
 44.12     Subdivision 1.  [PUBLISHED INFORMATION.] Every three months 
 44.13  the department of human services shall publish at government bid 
 44.14  rates in the newspaper of widest circulation in each county a 
 44.15  list of the names name and last known addresses address of each 
 44.16  person who (1) is a child support obligor, (2) resides in the 
 44.17  county, (3) is at least $3,000 in arrears, and (4) has not made 
 44.18  a child support payment, or has made only partial child support 
 44.19  payments that total less than 25 percent of the amount of child 
 44.20  support owed, for the last 12 months including any payments made 
 44.21  through the interception of federal or state taxes.  The rate 
 44.22  charged for publication shall be the newspaper's lowest 
 44.23  classified display rate, including all available discounts.  An 
 44.24  obligor's name may not be published if the obligor claims in 
 44.25  writing, and the department of human services determines, there 
 44.26  is good cause for the nonpayment of child support.  The list 
 44.27  must be based on the best information available to the state at 
 44.28  the time of publication.  The department may accept offers to 
 44.29  publish the information at no charge. 
 44.30     Before publishing the name of the obligor, the department 
 44.31  of human services shall send a notice to the obligor's last 
 44.32  known address which states the department's intention to publish 
 44.33  the obligor's name and the amount of child support the obligor 
 44.34  owes.  The notice must also provide an opportunity to have the 
 44.35  obligor's name removed from the list by paying the arrearage or 
 44.36  by entering into an agreement to pay the arrearage, and the 
 45.1   final date when the payment or agreement can be accepted. 
 45.2      The department of human services shall insert with the 
 45.3   notices sent to the obligee, a notice stating the intent to 
 45.4   publish the obligor's name, and the criteria used to determine 
 45.5   the publication of the obligor's name. 
 45.6      Subd. 2.  [REPORT TO LEGISLATURE.] The department of human 
 45.7   services shall report to the legislature in January 1997, in the 
 45.8   department of human services annual report to the legislature, 
 45.9   the fiscal implications of the program, including related costs 
 45.10  and savings.