HF 187

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; modifying MinnesotaCare 
  1.3             eligibility requirements related to other health 
  1.4             coverage and employer-subsidized coverage; amending 
  1.5             Minnesota Statutes 2002, sections 256L.07, subdivision 
  1.6             3, by adding subdivisions. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 256L.07, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [OTHER HEALTH COVERAGE.] (a) Families and 
  1.11  individuals enrolled in the MinnesotaCare program must have no 
  1.12  health coverage while enrolled or for at least four months prior 
  1.13  to application and renewal.  Children enrolled in the original 
  1.14  children's health plan and children in families with income 
  1.15  equal to or less than 175 percent of the federal poverty 
  1.16  guidelines, who have other health insurance, are eligible if the 
  1.17  coverage: 
  1.18     (1) lacks two or more of the following: 
  1.19     (i) basic hospital insurance; 
  1.20     (ii) medical-surgical insurance; 
  1.21     (iii) prescription drug coverage; 
  1.22     (iv) dental coverage; or 
  1.23     (v) vision coverage; 
  1.24     (2) requires a deductible of $100 or more per person per 
  1.25  year; or 
  1.26     (3) lacks coverage because the child has exceeded the 
  2.1   maximum coverage for a particular diagnosis or the policy 
  2.2   excludes a particular diagnosis. 
  2.3      The commissioner may change this eligibility criterion for 
  2.4   sliding scale premiums in order to remain within the limits of 
  2.5   available appropriations.  The requirement of no health coverage 
  2.6   does not apply to newborns. 
  2.7      (b) Medical assistance, general assistance medical care, 
  2.8   and the Civilian Health and Medical Program of the Uniformed 
  2.9   Service, CHAMPUS, or other coverage provided under United States 
  2.10  Code, title 10, subtitle A, part II, chapter 55, are not 
  2.11  considered insurance or health coverage for purposes of the 
  2.12  four-month requirement described in this subdivision. 
  2.13     (c) For purposes of this subdivision, Medicare Part A or B 
  2.14  coverage under title XVIII of the Social Security Act, United 
  2.15  States Code, title 42, sections 1395c to 1395w-4, is considered 
  2.16  health coverage.  An applicant or enrollee may not refuse 
  2.17  Medicare coverage to establish eligibility for MinnesotaCare. 
  2.18     (d) Applicants who were recipients of medical assistance or 
  2.19  general assistance medical care within one month of application 
  2.20  must meet the provisions of this subdivision and subdivision 2. 
  2.21     (e) The requirement of at least four months of no health 
  2.22  coverage prior to application under paragraph (a) does not apply 
  2.23  to a family or individual who: 
  2.24     (1) loses employer-subsidized coverage for reasons that 
  2.25  would not disqualify an individual for unemployment benefits 
  2.26  under section 268.095; and 
  2.27     (2) has not had access to employer-subsidized coverage 
  2.28  since the loss of coverage. 
  2.29     Sec. 2.  Minnesota Statutes 2002, section 256L.07, is 
  2.30  amended by adding a subdivision to read: 
  2.31     Subd. 5.  [EXEMPTION FOR PERSONS WITH CONTINUATION 
  2.32  COVERAGE.] (a) Families, children, and individuals who apply for 
  2.33  the MinnesotaCare program upon termination from continuation 
  2.34  coverage required under federal or state law are exempt from the 
  2.35  requirements of subdivision 3. 
  2.36     (b) For purposes of paragraph (a), "termination from 
  3.1   continuation coverage" means involuntary termination for any 
  3.2   reason, other than nonpayment of premium by the family, child, 
  3.3   or individual.  Involuntary termination includes termination of 
  3.4   coverage due to reaching the end of the maximum period for 
  3.5   continuation coverage required under federal or state law. 
  3.6      Sec. 3.  Minnesota Statutes 2002, section 256L.07, is 
  3.7   amended by adding a subdivision to read: 
  3.8      Subd. 6.  [EXEMPTION FOR PERSONS LOSING COVERAGE AS A 
  3.9   DEPENDENT.] Individuals who apply for the MinnesotaCare program 
  3.10  upon termination of other health coverage due to loss of status 
  3.11  as a dependent are exempt from the requirements of subdivisions 
  3.12  2 and 3.