as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to health and human services; assistance 1.3 programs; program integrity; child support 1.4 enforcement; mental health administration; home health 1.5 care; group residential housing; health care 1.6 administration; long-term care; children's services; 1.7 social services programs; mental health services; 1.8 long-term care facilities; appropriating money; 1.9 amending Minnesota Statutes 1994, sections 16B.08, 1.10 subdivision 5; 62A.045; 62A.046; 62A.048; 62A.27; 1.11 62J.04, subdivision 1a; 62J.09, subdivision 1a; 1.12 62J.152, subdivision 5; 62J.48; 62J.65; 62Q.01, 1.13 subdivisions 3 and 4; 62Q.41; 144.0721, by adding a 1.14 subdivision; 144.122; 144.226, subdivision 1; 157.03; 1.15 171.07, by adding a subdivision; 245.4871, by adding a 1.16 subdivision; 245.4875, by adding a subdivision; 1.17 245.4882, subdivision 5; 245.4886, by adding 1.18 subdivisions; 245A.14, subdivision 7; 246.18, 1.19 subdivision 4, and by adding a subdivision; 246.23, 1.20 subdivision 2; 246.56, by adding a subdivision; 1.21 252.27, subdivision 1a; 252.275, subdivisions 3, 4, 1.22 and 8; 252.292, subdivision 4; 252.46, subdivisions 1, 1.23 3, 6, and 17; 254B.02, subdivision 1; 254B.05, 1.24 subdivisions 1 and 4; 256.014, subdivision 1; 256.015, 1.25 subdivisions 2 and 7; 256.025, subdivisions 1 and 2; 1.26 256.026; 256.034, subdivision 1; 256.73, subdivisions 1.27 2 and 3a; 256.736, subdivisions 3 and 13; 256.74, 1.28 subdivision 1, and by adding a subdivision; 256.9365; 1.29 256.969, subdivisions 1, 16, and 24; 256.978, 1.30 subdivision 1; 256.98, subdivisions 1 and 8; 256.983, 1.31 subdivision 4, and by adding a subdivision; 256B.042, 1.32 subdivision 2; 256B.056, by adding a subdivision; 1.33 256B.059, subdivisions 1, 3, and 5; 256B.0595, 1.34 subdivisions 1, 2, 3, and 4; 256B.06, subdivision 4; 1.35 256B.0625, subdivision 13, and by adding a 1.36 subdivision; 256B.0627, subdivisions 1, 4, and 5; 1.37 256B.0628, subdivision 2, and by adding a subdivision; 1.38 256B.0641, subdivision 1; 256B.0911, subdivisions 2 1.39 and 4; 256B.0913, subdivisions 4, 5, 8, 12, 14, and by 1.40 adding a subdivision; 256B.0915, subdivisions 3, 5, 1.41 and by adding a subdivision; 256B.092, by adding a 1.42 subdivision; 256B.093, subdivisions 1, 2, and 3; 1.43 256B.15, subdivisions 1a, 2, and by adding a 1.44 subdivision; 256B.431, subdivisions 2j, 15, 22, 24, 1.45 and by adding subdivisions; 256B.432, subdivisions 1, 1.46 2, 3, 5, and 6; 256B.501, subdivisions 1, 3, 3c, 3g, 2.1 and by adding subdivisions; 256B.69, by adding a 2.2 subdivision; 256D.03, subdivisions 3b and 4; 256D.05, 2.3 subdivision 7; 256D.36, subdivision 1; 256D.385; 2.4 256D.405, subdivision 3; 256D.425, subdivision 1, and 2.5 by adding a subdivision; 256D.435, subdivisions 1, 3, 2.6 4, 5, 6, and by adding a subdivision; 256D.44, 2.7 subdivisions 1, 2, 3, 4, 5, and 6; 256D.45, 2.8 subdivision 1; 256D.46, subdivisions 1 and 2; 256D.48, 2.9 subdivision 1; 256F.09; 256H.01, subdivisions 9 and 2.10 12; 256H.02; 256H.03, subdivisions 1, 2a, 4, 6, and by 2.11 adding a subdivision; 256H.05, subdivision 6; 256H.08; 2.12 256H.11, subdivision 1; 256H.12, subdivision 1, and by 2.13 adding a subdivision; 256H.15, subdivision 1; 256H.18; 2.14 256H.20, subdivision 3a; 256I.03, subdivision 5, and 2.15 by adding a subdivision; 256I.04; 256I.05, 2.16 subdivisions 1, 1a, and 5; 256I.06, subdivisions 2 and 2.17 6; 257.55, subdivision 1; 257.57, subdivision 2; 2.18 257.62, subdivisions 1, 5, and 6; 257.64, subdivision 2.19 3; 257.69, subdivisions 1 and 2; 393.07, subdivision 2.20 10; 518.171, subdivisions 1, 2a, 3, 4, 5, 7, and 8; 2.21 518.575; 518.611, subdivisions 1, 2, 4, and 8a; 2.22 518.613, subdivisions 1, 2, and 7; 518.614, 2.23 subdivision 1; 518.615, subdivision 3; 518C.310; 2.24 524.6-207; 548.15; 550.37, subdivision 14; and 2.25 609.375, subdivision 1; Laws 1993, First Special 2.26 Session chapter 1, article 8, section 30, subdivision 2.27 2; proposing coding for new law in Minnesota Statutes, 2.28 chapters 252; 256; 256B; and 518; repealing Minnesota 2.29 Statutes 1994, sections 62C.141; 62C.143; 62D.106; 2.30 62E.04, subdivisions 9 and 10; 62J.152, subdivision 6; 2.31 62P.01; 62P.02; 62P.03; 62P.07; 62P.09; 62P.11; 2.32 62P.13; 62P.15; 62P.17; 62P.19; 62P.21; 62P.23; 2.33 62P.25; 62P.27; 62P.29; 62P.31; 62P.33; 252.275, 2.34 subdivisions 4a and 10; 256.851; 256D.35, subdivisions 2.35 14 and 19; 256D.36, subdivision 1a; 256D.37; 256D.425, 2.36 subdivision 3; 256D.435, subdivisions 2, 7, 8, 9, and 2.37 10; 256D.44, subdivision 7; 256H.03, subdivisions 2 2.38 and 5; and 518.561. 2.39 2.40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.41 ARTICLE 1 2.42 APPROPRIATIONS 2.43 Section 1. [TOTAL APPROPRIATIONS.] 2.44 The sums shown in the columns marked "APPROPRIATIONS" are 2.45 appropriated from the general fund, or any other fund named, to 2.46 the agencies and for the purposes specified in the following 2.47 sections of this article, to be available for the fiscal years 2.48 indicated for each purpose. The figures "1996" and "1997" where 2.49 used in this article, mean that the appropriation or 2.50 appropriations listed under them are available for the fiscal 2.51 year ending June 30, 1996, or June 30, 1997, respectively. 2.52 SUMMARY BY FUND 2.53 APPROPRIATIONS BIENNIAL 2.54 1996 1997 TOTAL 2.55 General $2,454,926,000 $2,659,543,000 $5,114,469,000 3.1 State Government 3.2 Special Revenue 24,041,000 24,521,000 48,562,000 3.3 Special Revenue 8,000 8,000 16,000 3.4 Metropolitan Landfill 3.5 Contingency Action 193,000 193,000 386,000 3.6 Trunk Highway 1,513,000 1,513,000 3,026,000 3.7 Health Care Access 117,521,000 141,570,000 259,091,000 3.8 Local Government 3.9 Trust 50,499,000 -0- 50,499,000 3.10 TOTAL $2,648,701,000 $2,827,348,000 $5,476,049,000 3.11 APPROPRIATIONS 3.12 Available for the Year 3.13 Ending June 30 3.14 1996 1997 3.15 Sec. 2. COMMISSIONER OF 3.16 HUMAN SERVICES 3.17 Subdivision 1. Appropriations by Fund 3.18 General Fund $2,396,280,000 $2,600,667,000 3.19 Health Care Access 110,306,000 135,211,000 3.20 Local Government 3.21 Trust 50,499,000 -0- 3.22 TOTAL $2,557,085,000 $2,735,878,000 3.23 Federal receipts as shown in the 3.24 biennial budget document to be used for 3.25 financing activities, programs, and 3.26 projects under the supervision and 3.27 jurisdiction of the commissioner must 3.28 be credited to and become a part of the 3.29 appropriations provided for in this 3.30 section. 3.31 Subd. 2. Finance and Management 3.32 General 3.33 24,583,000 26,751,000 3.34 Health Care Access 3.35 1,696,000 1,687,000 3.36 Federal money received in excess of the 3.37 estimates shown in the 1996-1997 3.38 department of human services budget 3.39 document reduces the state 3.40 appropriation by the amount of the 3.41 excess receipts, unless the governor 3.42 directs otherwise, after consulting 3.43 with the legislative advisory 3.44 commission. 3.45 If the amount of federal money 3.46 anticipated to be received is less than 3.47 the estimates shown in the 1996-1997 3.48 proposed biennial budget document for 3.49 the department of human services, the 3.50 commissioner of finance shall reduce 4.1 the amount available from the direct 4.2 appropriation by a corresponding 4.3 amount. The reductions must be noted 4.4 in the budget document submitted to the 4.5 81st legislature, in addition to an 4.6 estimate of similar federal money 4.7 anticipated for the biennium ending 4.8 June 30, 1999. At the end of fiscal 4.9 years 1996 and 1997, the chairs of the 4.10 human services division of the house 4.11 health and human services committee and 4.12 the health care and family services 4.13 finance division of the senate 4.14 committees on health care and family 4.15 services shall receive written 4.16 notification explaining these 4.17 reductions. 4.18 The commissioner of human services, 4.19 with the approval of the commissioner 4.20 of finance, and after notification of 4.21 the chair of the senate health care and 4.22 family services finance division and 4.23 the chair of the house of 4.24 representatives health and human 4.25 services finance division, may transfer 4.26 unencumbered appropriation balances 4.27 among the Aid to Families with 4.28 Dependent Children, Aid to Families 4.29 with Dependent Children child care, 4.30 Minnesota family investment, general 4.31 assistance, general assistance medical 4.32 care, medical assistance, Minnesota 4.33 supplemental aid, group residential 4.34 housing and work readiness programs, 4.35 and the entitlement portion of the 4.36 chemical dependency consolidated 4.37 treatment fund, and between fiscal 4.38 years of the biennium. 4.39 Effective the day following final 4.40 enactment, the commissioner may 4.41 transfer unencumbered appropriation 4.42 balances for fiscal year 1995 among the 4.43 Aid to Families with Dependent 4.44 Children, Aid to Families with 4.45 Dependent Children child care, 4.46 Minnesota family investment, general 4.47 assistance, general assistance medical 4.48 care, medical assistance, Minnesota 4.49 supplemental aid, and work readiness 4.50 programs, and the entitlement portion 4.51 of the chemical dependency consolidated 4.52 treatment fund, with the approval of 4.53 the commissioner of finance after 4.54 notification of the chair of the senate 4.55 health care and family services finance 4.56 division and the chair of the house of 4.57 representatives health and human 4.58 services finance division. 4.59 Appropriations and federal receipts for 4.60 information system projects for MAXIS, 4.61 electronic benefit system, social 4.62 services information system, child 4.63 support enforcement, and the Minnesota 4.64 Medicaid information system must be 4.65 deposited in the state systems account 4.66 authorized in Minnesota Statutes, 4.67 section 256.014. Money appropriated 4.68 for computer projects approved by the 5.1 information policy office, funded by 5.2 the legislature, and approved by the 5.3 commissioner of finance may be 5.4 transferred from one project to another 5.5 and from development to operations as 5.6 the commissioner of human services 5.7 considers necessary. Any unexpended 5.8 balance in the appropriation for these 5.9 projects does not cancel but is 5.10 available for ongoing development and 5.11 operations. 5.12 The commissioner of human services 5.13 shall establish a special revenue fund 5.14 account to manage shared communication 5.15 costs necessary for the operation of 5.16 the programs the commissioner 5.17 supervises. The commissioner may 5.18 distribute the costs of operating and 5.19 maintaining communication systems to 5.20 participants in a manner that reflects 5.21 actual system usage. Costs may include 5.22 acquisition, licensing, insurance, 5.23 maintenance, repair, staff time, and 5.24 other direct costs as determined by the 5.25 commissioner. The commissioner of 5.26 human services may accept for and on 5.27 behalf of the state any gift, bequest, 5.28 devise, or personal property of any 5.29 kind or money tendered to the state for 5.30 any purpose pertaining to the 5.31 communication activities of the 5.32 department. Any money collected by the 5.33 commissioner for the use of 5.34 communication systems must be deposited 5.35 in the state communication systems 5.36 account and is appropriated to the 5.37 commissioner for purposes of this 5.38 section. 5.39 Before hardware or software valued in 5.40 excess of $100,000 can be purchased by 5.41 the department of human services, there 5.42 must be information policy office 5.43 approval that all appropriate policies, 5.44 standards, and budget review 5.45 requirements and recommendations have 5.46 been met. 5.47 Subd. 3. Life Skills 5.48 Self-Sufficiency 5.49 General 5.50 66,419,000 125,419,000 5.51 Local Government Trust 5.52 50,499,000 -0- 5.53 Health Care Access 5.54 26,000 26,000 5.55 Money appropriated for local planning 5.56 grants as part of developmental 5.57 disabilities pilots in fiscal year 1996 5.58 does not cancel but is available for 5.59 this purpose in fiscal year 1997. 5.60 For the purpose of transferring certain 6.1 persons from the semi-independent 6.2 living services (SILS) program to the 6.3 home and community-based waivered 6.4 services program for persons with 6.5 mental retardation or related 6.6 conditions, the amount of funds 6.7 transferred between the SILS account or 6.8 the state community social services 6.9 account and the state medical 6.10 assistance account shall be based on 6.11 each county's participation in 6.12 transferring persons to the waivered 6.13 services program. No person for whom 6.14 these funds are transferred shall be 6.15 required to obtain a new living 6.16 arrangement, notwithstanding Minnesota 6.17 Statutes, section 252.28, subdivision 6.18 3, paragraph (4), and Minnesota Rules, 6.19 parts 9525.1800, subpart 26a, and 6.20 9525.1869, subpart 6. When supported 6.21 living services are provided to persons 6.22 for whom these funds are transferred, 6.23 the commissioner may substitute the 6.24 licensing standards of Minnesota Rules, 6.25 parts 9525.0500 to 9525.0660, for parts 6.26 9525.2000 to 9525.2140, if the services 6.27 remain nonresidential as defined in 6.28 Minnesota Statutes, section 245A.02, 6.29 subdivision 10. For the purpose of 6.30 Minnesota Statutes, chapter 256G, when 6.31 a service is provided under these 6.32 substituted licensing standards, the 6.33 status of residence of the recipient of 6.34 that service shall continue to be 6.35 considered excluded time. 6.36 Contingent upon continuing federal 6.37 approval of expanding eligibility for 6.38 home and community-based services for 6.39 persons with mental retardation or 6.40 related conditions, the commissioner 6.41 shall reduce the state SILS payments to 6.42 each county by the total medical 6.43 assistance expenditures for 6.44 nonresidential services attributable to 6.45 former SILS recipients transferred by 6.46 the county to the home and 6.47 community-based services program for 6.48 persons with mental retardation or 6.49 related conditions. Of the reduced 6.50 SILS payments determined above, the 6.51 commissioner shall transfer to the 6.52 state medical assistance account an 6.53 amount equal to the nonfederal share of 6.54 the nonresidential services under the 6.55 home and community-based services for 6.56 persons with mental retardation or 6.57 related conditions. Of the remaining 6.58 reduced SILS payments, 80 percent shall 6.59 be returned to the SILS grant program 6.60 to provide additional SILS services and 6.61 20 percent shall be transferred to the 6.62 general fund. 6.63 Contingent upon requirements of federal 6.64 approval and for purposes of maximizing 6.65 federal resources available through the 6.66 developmental disabilities allocation 6.67 of home and community-based waivered 6.68 services for persons with mental 6.69 retardation or related conditions under 7.1 Minnesota Statutes, section 256B.092, 7.2 state funds made available to pay for 7.3 home and community-based waivered 7.4 services for persons with mental 7.5 retardation or related conditions which 7.6 are not currently included in the 7.7 medical assistance account shall be 7.8 transferred to the medical assistance 7.9 account to the extent that the total 7.10 payments for these services are not 7.11 reduced as a result of this rider. 7.12 Subd. 4. Children's 7.13 Program 7.14 General 7.15 23,354,000 19,654,000 7.16 Of this appropriation, $75,000 must be 7.17 used as a grant to the metropolitan 7.18 housing rehabilitation authority to 7.19 support the housing and related 7.20 counseling component of the moving to 7.21 opportunity program. 7.22 Plans for the expenditure of funds for 7.23 family services collaboratives must be 7.24 approved by the children's cabinet 7.25 according to criteria in Minnesota 7.26 Statutes, section 121.8355. Unexpended 7.27 funds appropriated for family services 7.28 collaboratives in fiscal year 1996 do 7.29 not cancel but are available for fiscal 7.30 year 1997. 7.31 Subd. 5. Economic 7.32 Self-Sufficiency 7.33 General 7.34 336,688,000 315,595,000 7.35 Health Care Access 7.36 1,256,000 1,256,000 7.37 Unexpended money for welfare reform 7.38 initiatives for fiscal year 1996 does 7.39 not cancel but is available for 7.40 expenditure for fiscal year 1997. 7.41 Notwithstanding the requirements for 7.42 state contracts contained in Minnesota 7.43 Statutes, chapter 16B, or Laws 1993, 7.44 First Special Session chapter 1, 7.45 article 1, section 2, subdivision 5, or 7.46 any other law to the contrary, the 7.47 commissioner, under terms and 7.48 conditions approved by the attorney 7.49 general, may accept assignment for 7.50 Ramsey county of any existing contract, 7.51 license agreement, or similar 7.52 transactional document related to the 7.53 Ramsey county electronic benefit system. 7.54 The term of any contract, agreement, or 7.55 other document assigned to the state, 7.56 including the agreement arising from 7.57 the Ramsey county electronic benefit 7.58 services pilot project, may not extend 8.1 beyond June 30, 1997, and the 8.2 commissioner must publish a request for 8.3 proposals for succeeding electronic 8.4 benefits services in the State Register 8.5 before January 1, 1996. 8.6 Notwithstanding Minnesota Statutes, 8.7 section 256.025, $1,701,000 of the 8.8 funds appropriated for fiscal year 1996 8.9 under Minnesota Statutes, section 8.10 256D.051, subdivision 1a, must be used 8.11 to reimburse the county share of work 8.12 readiness grants for the first six 8.13 months of calendar year 1995. 8.14 Notwithstanding Minnesota Statutes, 8.15 section 256.025, $800,000 of the funds 8.16 appropriated for fiscal year 1996 under 8.17 Minnesota Statutes, section 256.06, 8.18 subdivision 1a, must be used to 8.19 reimburse the county share of project 8.20 STRIDE case management and work 8.21 readiness employment and training 8.22 services for the first six months of 8.23 calendar year 1995. 8.24 Unexpended money for the Minnesota 8.25 family investment plan in fiscal year 8.26 1996 does not cancel but is available 8.27 for fiscal year 1997. 8.28 The commissioner shall set the monthly 8.29 standard of assistance for general 8.30 assistance and food stamp education and 8.31 training units consisting of an adult 8.32 recipient who is childless and 8.33 unmarried or living apart from his or 8.34 her parents or a legal guardian at $203. 8.35 Federal food stamp employment and 8.36 training funds received are 8.37 appropriated to the commissioner to 8.38 reimburse counties for food stamp 8.39 education and training expenditures. 8.40 Of the appropriation for Aid to 8.41 Families with Dependent Children, the 8.42 commissioner shall provide 8.43 supplementary grants not to exceed 8.44 $200,000 a year for Aid to Families 8.45 with Dependent Children. The 8.46 commissioner shall include the 8.47 following costs in determining the 8.48 amount of the supplementary grants: 8.49 major home repairs; repair of major 8.50 home appliances; utility recaps; 8.51 supplementary dietary needs not covered 8.52 by medical assistance; and replacements 8.53 of furnishings and essential major 8.54 appliances. 8.55 Any federal money remaining from 8.56 receipt of state legalization impact 8.57 assistance grants, after reimbursing 8.58 the department of education for actual 8.59 expenditures, must be deposited in the 8.60 Aid to Families with Dependent Children 8.61 account. 8.62 The commissioner may accept on behalf 8.63 of the state any gift or bequest of 9.1 money tendered to the state for the 9.2 purpose of financing an evaluation of 9.3 the Minnesota family investment plan. 9.4 Any money so received must be deposited 9.5 in the MFIP evaluation account in the 9.6 department and is appropriated to the 9.7 commissioner for financing of this 9.8 evaluation. 9.9 Money received will be applied directly 9.10 to project costs and shall not cancel 9.11 but shall remain available for 9.12 expenditure until expansion is complete. 9.13 Subd. 6. Health Care 9.14 General 9.15 1,690,897,000 1,853,757,000 9.16 Health Care Access 9.17 107,328,000 132,242,000 9.18 Appropriations for the senior's agenda 9.19 for independent living program may be 9.20 transferred among objects of 9.21 expenditure as the commissioner of 9.22 human services determines necessary to 9.23 facilitate the delivery of the program. 9.24 At county option prepaid medical 9.25 assistance program funds may be 9.26 disbursed to them using either a 9.27 reimbursement or a block grant 9.28 mechanism. 9.29 Money appropriated for preadmission 9.30 screening and the alternative care 9.31 program for fiscal year 1997 may be 9.32 used for these purposes in fiscal year 9.33 1996. 9.34 In the event that a large 9.35 community-based facility licensed under 9.36 Minnesota Rules, parts 9525.0215 to 9.37 9525.0355, for more than 16 beds, but 9.38 not certified as an intermediate care 9.39 facility for persons with mental 9.40 retardation or related conditions, 9.41 closes and alternative services for the 9.42 residents are necessary, the 9.43 commissioner may transfer on a 9.44 quarterly basis to the state medical 9.45 assistance account from each affected 9.46 county's community social service 9.47 allocation an amount equal to the state 9.48 share of medical assistance 9.49 reimbursement for such residential and 9.50 day habilitation services funded by the 9.51 medical assistance program and provided 9.52 to clients for whom the county is 9.53 financially responsible. 9.54 Any money allocated to the alternative 9.55 care program that is not spent for the 9.56 purposes indicated does not cancel but 9.57 shall be transferred to the medical 9.58 assistance account. 9.59 Up to $40,000 of the appropriation for 10.1 preadmission screening and alternative 10.2 care for fiscal year 1995 may be 10.3 transferred to the health care 10.4 administration account to pay the 10.5 state's share of county claims for 10.6 conducting nursing home assessments for 10.7 persons with mental illness or mental 10.8 retardation as required by Public Law 10.9 Number 100-203. 10.10 For the fiscal year ending June 30, 10.11 1995, a newly constructed or newly 10.12 established intermediate care facility 10.13 for the mentally retarded that is 10.14 developed and financed during that 10.15 period shall not be subject to the 10.16 equity requirements in Minnesota 10.17 Statutes, section 256B.501, subdivision 10.18 11, paragraph (d), or in Minnesota 10.19 Rules, part 9553.0060, subpart 3, item 10.20 F, provided that the provider's 10.21 interest rate does not exceed the 10.22 interest rate available through state 10.23 agency tax-exempt financing. 10.24 For the fiscal year ending June 30, 10.25 1995, if a facility which is in 10.26 receivership under Minnesota Statutes, 10.27 section 245A.12 or 245A.13, is sold to 10.28 an unrelated organization: (a) 10.29 notwithstanding Minnesota Statutes, 10.30 section 256B.501, subdivision 11, the 10.31 facility shall be considered a new 10.32 facility for rate setting purposes; and 10.33 (b) the facility's historical basis for 10.34 the physical plant, land, and land 10.35 improvements for each facility must not 10.36 exceed the prior owner's aggregate 10.37 historical basis for these same assets 10.38 for each facility. The allocation of 10.39 the purchase price between land, land 10.40 improvements, and physical plant shall 10.41 be based on the real estate appraisal 10.42 using the depreciated replacement cost 10.43 method. 10.44 Upon federal approval of the 10.45 MinnesotaCare health care reform waiver 10.46 proposal, the commissioner may accept 10.47 federal matching funds for the affected 10.48 MinnesotaCare grants and related 10.49 administrative costs. 10.50 Subd. 7. Community Mental Health 10.51 and State-Operated Services 10.52 General 10.53 254,339,000 259,491,000 10.54 Of this appropriation, $162,000 in 10.55 fiscal year 1996 and $37,000 in fiscal 10.56 year 1997 is for grants to counties for 10.57 discharge planning related to persons 10.58 with mental retardation or related 10.59 conditions being relocated from 10.60 Faribault regional center to community 10.61 services. 10.62 If the resident population at the 10.63 regional treatment centers is projected 11.1 to be higher than the estimates upon 11.2 which the medical assistance forecast 11.3 and budget recommendations for the 11.4 1996-1997 biennium were based, the 11.5 amount of the medical assistance 11.6 appropriation that is attributable to 11.7 the cost of services that would have 11.8 been provided as an alternative to 11.9 regional treatment center services, 11.10 including resources for community 11.11 placements and waivered services for 11.12 persons with mental retardation and 11.13 related conditions, is transferred to 11.14 the residential facilities 11.15 appropriation. 11.16 The commissioner may determine the need 11.17 for conversion of a state-operated home 11.18 and community-based service program to 11.19 a state-operated intermediate care 11.20 facility for persons with mental 11.21 retardation or related conditions if 11.22 the conversion will produce a net 11.23 savings to the state general fund and 11.24 the persons receiving home and 11.25 community-based services choose to 11.26 receive services in an intermediate 11.27 care facility for persons with mental 11.28 retardation or related conditions. 11.29 After the commissioner has determined 11.30 the need to convert the program, the 11.31 commissioner of health shall certify 11.32 the program as an intermediate care 11.33 facility for persons with mental 11.34 retardation or related conditions if 11.35 the program meets applicable 11.36 certification standards. 11.37 The commissioner may transfer 11.38 unencumbered appropriation balances 11.39 between fiscal years for the state 11.40 residential facilities repairs and 11.41 betterments account and special 11.42 equipment. 11.43 Wages for project labor may be paid by 11.44 the commissioner of human services out 11.45 of repairs and betterments money if the 11.46 individual is to be engaged in a 11.47 construction project or a repair 11.48 project of short-term and nonrecurring 11.49 nature. 11.50 Compensation for project labor shall be 11.51 based on the prevailing wage rates, as 11.52 defined in Minnesota Statutes, section 11.53 177.42, subdivision 6. 11.54 Project laborers are excluded from the 11.55 provisions of Minnesota Statutes, 11.56 sections 43A.22 to 43A.30, and shall 11.57 not be eligible for state-paid 11.58 insurance and benefits. 11.59 When the operations of the regional 11.60 treatment center chemical dependency 11.61 fund created in Minnesota Statutes, 11.62 section 246.18, subdivision 2, are 11.63 impeded by projected cash deficiencies 11.64 resulting from delays in the receipt of 11.65 grants, dedicated income, or other 12.1 similar receivables, and when the 12.2 deficiencies would be corrected within 12.3 the budget period involved, the 12.4 commissioner of finance may transfer 12.5 general fund cash reserves into this 12.6 account, upon the request of the 12.7 commissioner of human services, as 12.8 necessary to meet cash demands. The 12.9 cash flow transfers must be returned to 12.10 the general fund as soon as sufficient 12.11 cash balances are available in the 12.12 account to which the transfer was 12.13 made. Any interest earned on general 12.14 fund cash flow transfers accrues to the 12.15 general fund and not the regional 12.16 treatment center chemical dependency 12.17 fund. 12.18 Funds received by the commissioner of 12.19 human services from the state lottery 12.20 director shall be used for the 12.21 compulsive gambling treatment programs 12.22 authorized under Minnesota Statutes, 12.23 section 245.98, subdivision 2. 12.24 Sec. 3. ELECTRONIC BENEFITS TRANSFER 12.25 The commissioner, with the advance 12.26 approval of the commissioner of 12.27 finance, is authorized to issue cash 12.28 assistance benefits up to two days 12.29 before the first day of each month, 12.30 including two days before the start of 12.31 each state fiscal year. Of the money 12.32 appropriated for the Aid to Families 12.33 with Dependent Children program for 12.34 fiscal year 1996, $12,000,000 is 12.35 available in fiscal year 1995. If that 12.36 amount is insufficient for the costs 12.37 incurred, an additional amount of the 12.38 fiscal year 1996 appropriation as 12.39 needed may be transferred with the 12.40 advance approval of the commissioner of 12.41 finance. 12.42 Sec. 4. COMMISSIONER OF HEALTH. 12.43 Subdivision 1. Total 12.44 Appropriation 63,134,000 62,203,000 12.45 Summary by Fund 12.46 General 38,522,000 37,922,000 12.47 State Government 12.48 Special Revenue 15,683,000 16,208,000 12.49 Health Care Access 7,215,000 6,359,000 12.50 Trunk Highway 1,513,000 1,513,000 12.51 Metropolitan Landfill 12.52 Contingency Action 193,000 193,000 12.53 Special Revenue 8,000 8,000 12.54 The appropriation from the metropolitan 12.55 landfill contingency action fund is for 12.56 monitoring well water supplies and 12.57 conducting health assessments in the 12.58 metropolitan area. 13.1 The appropriation from the trunk 13.2 highway fund is for emergency medical 13.3 services activities. 13.4 Subd. 2. Health Systems 13.5 Development 33,929,000 32,432,000 13.6 Summary by Fund 13.7 General 27,783,000 27,066,000 13.8 State Government 13.9 Special Revenue 429,000 430,000 13.10 Health Care Access 5,717,000 4,936,000 13.11 $590,000 is appropriated for the 13.12 biennium ending June 30, 1997, for 13.13 reengineering the state's vital records 13.14 system, including an expansion of the 13.15 electronic birth certificate system. 13.16 Of this appropriation, $600,000 is for 13.17 a women's health initiative. 13.18 General fund appropriations for the 13.19 women, infants, and children food 13.20 supplement program (WIC) are available 13.21 for either year of the biennium. 13.22 Transfers of appropriations between 13.23 fiscal years must be for the purpose of 13.24 maximizing federal funds or minimizing 13.25 fluctuations in the number of 13.26 participants. 13.27 The commissioner may sell at market 13.28 value all education, training, and 13.29 advertising materials relating to 13.30 nonsmoking or tobacco use prevention, 13.31 nutrition, health promotion, and 13.32 education. Proceeds from the sale are 13.33 appropriated to the department of 13.34 health for the related program. 13.35 Subd. 3. Health Quality 13.36 Assurance 7,439,000 7,809,000 13.37 Summary by Fund 13.38 General 1,295,000 1,295,000 13.39 State Government 13.40 Special Revenue 4,104,000 4,485,000 13.41 Health Care Access 609,000 598,000 13.42 Trunk Highway 1,431,000 1,431,000 13.43 Subd. 4. Health Protection 16,865,000 16,961,000 13.44 Summary by Fund 13.45 General 6,999,000 6,995,000 13.46 State Government 13.47 Special Revenue 9,687,000 9,787,000 13.48 Metropolitan Landfill 13.49 Contingency Action 171,000 171,000 13.50 Special Revenue 8,000 8,000 14.1 Subd. 5. Management and 14.2 Support Services 4,901,000 5,001,000 14.3 Summary by Fund 14.4 General 2,445,000 2,566,000 14.5 State Government 14.6 Special Revenue 1,463,000 1,506,000 14.7 Health Care Access 889,000 825,000 14.8 Trunk Highway 82,000 82,000 14.9 Metropolitan Landfill 14.10 Contingency Action 22,000 22,000 14.11 Sec. 5. VETERANS NURSING 14.12 HOMES BOARD 18,284,000 19,139,000 14.13 The veterans homes board shall limit 14.14 the total administrative expenditures 14.15 for the board and all the homes to no 14.16 more than 16 percent of total 14.17 expenditures in the fiscal year ending 14.18 June 30, 1996, and 16 percent of total 14.19 expenditures in fiscal year ending June 14.20 30, 1997. The board may transfer money 14.21 between facilities as needed, with the 14.22 approval of the commissioner of 14.23 finance. The general fund 14.24 appropriation provided in this section 14.25 is based upon estimated receipts from 14.26 operations in the amount of $15,150 in 14.27 1996 and $15,240 in 1997. 14.28 These appropriations shall be 14.29 transferred to the veterans homes board 14.30 account in the special revenue fund for 14.31 expenditure along with operating 14.32 receipts of the department. The 14.33 department shall submit a plan to the 14.34 department of finance at the beginning 14.35 of each year indicating the intended 14.36 use of receipts for the year, and 14.37 submit a year-end report indicating 14.38 actual receipt usage. 14.39 Sec. 6. HEALTH-RELATED BOARDS 14.40 Subdivision 1. Total 14.41 Appropriation 8,358,000 8,313,000 14.42 The appropriations in this section are 14.43 from the state government special 14.44 revenue fund. 14.45 The commissioner of finance shall not 14.46 permit the allotment, encumbrance, or 14.47 expenditure of money appropriated in 14.48 this section in excess of the 14.49 anticipated biennial revenues or 14.50 accumulated surplus revenues from fees 14.51 collected by the boards. Neither this 14.52 provision, nor Minnesota Statutes, 14.53 section 214.06, applies to transfers 14.54 from the general contingent account, if 14.55 the amount transferred does not exceed 14.56 the amount of surplus revenue 14.57 accumulated by the transferee during 14.58 the previous five years. A newly 15.1 created board must establish a fee 15.2 structure which fully recovers its 15.3 expenditures during a five-year period. 15.4 Subd. 2. Board of Chiropractic 15.5 Examiners 309,000 313,000 15.6 Subd. 3. Board of Dentistry 698,000 708,000 15.7 Subd. 4. Board of Marriage and 15.8 Family Therapy 95,000 96,000 15.9 Subd. 5. Board of Medical 15.10 Practice 3,204,000 3,188,000 15.11 Subd. 6. Board of Nursing 1,710,000 1,714,000 15.12 Subd. 7. Board of Nursing 15.13 Home Administrators 182,000 186,000 15.14 Subd. 8. Board of Optometry 78,000 79,000 15.15 Subd. 9. Board of Pharmacy 900,000 894,000 15.16 Of this appropriation from the state 15.17 government special revenue fund, 15.18 $300,000 the first year and $200,000 15.19 the second year is to provide 15.20 administrative services to all 15.21 health-related licensing boards. 15.22 Subd. 10. Board of Podiatry 31,000 32,000 15.23 Subd. 11. Board of Psychology 393,000 396,000 15.24 Subd. 12. Board of Social Work 553,000 492,000 15.25 Subd. 13. Board of Veterinary 15.26 Medicine 142,000 151,000 15.27 Subd. 14. Board of Dietetics 15.28 and Nutrition 63,000 64,000 15.29 Sec. 7. COUNCIL ON DISABILITY 575,000 581,000 15.30 Sec. 8. OMBUDSMAN FOR MENTAL 15.31 HEALTH AND MENTAL RETARDATION 1,132,000 1,097,000 15.32 Sec. 9. OMBUDSPERSON FOR 15.33 FAMILIES 133,000 137,000 15.34 Sec. 10. CARRYOVER LIMITATION 15.35 None of the appropriations in this act 15.36 which are allowed to be carried forward 15.37 from fiscal year 1996 to fiscal year 15.38 1997 shall become part of the base 15.39 level funding for the 1998-1999 15.40 biennial budget. 15.41 Sec. 11. TRANSFERS 15.42 Subdivision 1. Transfers of 15.43 Unencumbered Entitled Grant and Aid 15.44 Appropriations 15.45 The commissioner of human services, 15.46 with the approval of the commissioner 15.47 of finance, and after notification of 15.48 the chair of the senate health care and 15.49 family services finance division and 16.1 the chair of the house of 16.2 representatives health and human 16.3 services finance division, may transfer 16.4 unencumbered appropriation balances 16.5 within fiscal years among the Aid to 16.6 Families with Dependent Children, Aid 16.7 to Families with Dependent Children 16.8 child care, Minnesota family 16.9 investment, general assistance, general 16.10 assistance medical care, medical 16.11 assistance, Minnesota supplemental aid, 16.12 group residential housing and work 16.13 readiness programs, and the entitlement 16.14 portion of the chemical dependency 16.15 consolidated treatment fund, and 16.16 between fiscal years of the biennium. 16.17 Effective the day following final 16.18 enactment, the commissioner may 16.19 transfer unencumbered appropriation 16.20 balances for fiscal year 1995 among the 16.21 Aid to Families with Dependent 16.22 Children, Aid to Families with 16.23 Dependent Children child care, 16.24 Minnesota family investment, general 16.25 assistance, general assistance medical 16.26 care, medical assistance, Minnesota 16.27 supplemental aid, and work readiness 16.28 programs, and the entitlement portion 16.29 of the chemical dependency consolidated 16.30 treatment fund, with the approval of 16.31 the commissioner of finance after 16.32 notification of the chair of the senate 16.33 health care and family services finance 16.34 division and the chair of the house of 16.35 representatives health and human 16.36 services finance division. 16.37 Subd. 2. Transfers of Unencumbered 16.38 Appropriations for Nonentitled Grants 16.39 and Aids 16.40 This subdivision does not apply to the 16.41 programs specified in subdivision 1. 16.42 The commissioners of human services and 16.43 health may transfer money between 16.44 programs for the object of expenditure 16.45 "grants and aid" or may transfer 16.46 "grants and aids" money between fiscal 16.47 years of a biennium with the written 16.48 approval of the commissioner of 16.49 finance, and after notification of the 16.50 chair of the senate health care and 16.51 family services finance division and 16.52 the chair of the house of 16.53 representatives health and human 16.54 services finance division. 16.55 Transfers from the first to the second 16.56 fiscal year of the biennium shall not 16.57 be used to increase base spending for 16.58 the following biennium. 16.59 Subd. 3. Approval Required 16.60 The commissioners of human services and 16.61 health may transfer money between 16.62 programs for the object of expenditure 16.63 "grants and aid" or may transfer 16.64 "grants and aids" money between fiscal 17.1 years of a biennium with the written 17.2 approval of the commissioner of 17.3 finance, and after notification of the 17.4 chair of the senate health care and 17.5 family services finance division and 17.6 the chair of the house of 17.7 representatives health and human 17.8 services finance division. 17.9 Subd. 4. Medical Assistance and 17.10 General Assistance Medical Care 17.11 The commissioner of finance shall 17.12 transfer $13,732,000 in fiscal year 17.13 1996 and $17,528,000 in fiscal year 17.14 1997 to the general fund from the 17.15 health care access fund to pay for 17.16 medical assistance and general 17.17 assistance medical care costs. 17.18 Sec. 12. PROVISIONS 17.19 The allowance for food may be adjusted 17.20 annually to reflect changes in the 17.21 producer price index, as prepared by 17.22 the United States Bureau of Labor 17.23 Statistics, with the approval of the 17.24 commissioner of finance. Adjustments 17.25 for fiscal year 1996 and fiscal year 17.26 1997 must be based on the June 1995 and 17.27 June 1996 producer price index 17.28 respectively, but the adjustment must 17.29 be prorated if the wholesale food price 17.30 index adjustment would require money in 17.31 excess of this appropriation. 17.32 Sec. 13. SUNSET OF UNCODIFIED LANGUAGE 17.33 All uncodified language contained in 17.34 this article expires on June 30, 1997, 17.35 unless a different expiration is 17.36 explicit. All uncodified language 17.37 contained in Laws 1992, chapter 513, 17.38 article 5, expires on June 30, 1993, 17.39 unless a different expiration is 17.40 explicit. 17.41 Sec. 14. [EFFECTIVE DATE.] 17.42 Section 3 is effective the day following final enactment. 17.43 ARTICLE 2 17.44 ASSISTANCE PROGRAMS 17.45 Section 1. Minnesota Statutes 1994, section 16B.08, 17.46 subdivision 5, is amended to read: 17.47 Subd. 5. [FEDERALGENERAL SERVICES ADMINISTRATIONAGENCY 17.48 PRICE SCHEDULES.] Notwithstanding anything in this chapter to 17.49 the contrary, the commissioner may, instead of soliciting bids, 17.50 contract for purchases with suppliers who have published 17.51 schedules of prices effective for sales tothe General Services17.52Administrationany federal agency of the United States. These 18.1 contracts may be entered into, regardless of the amount of the 18.2 purchase price, if the commissioner considers them advantageous 18.3 and if the purchase price of all the commodities purchased under 18.4 the contract do not exceed the price specified by the schedule. 18.5 Sec. 2. Minnesota Statutes 1994, section 171.07, is 18.6 amended by adding a subdivision to read: 18.7 Subd. 10. [AGREEMENTS WITH OTHER AGENCIES.] The 18.8 commissioner of public safety is authorized to enter into 18.9 agreements with other agencies to issue cards to clients of 18.10 those agencies for use in their programs. The cards may be 18.11 issued to persons who do not qualify for a Minnesota driver's 18.12 license or do not provide evidence of name and identity as 18.13 required by rule for a Minnesota identification card. Persons 18.14 issued cards under this subdivision will meet the identification 18.15 verification requirements of the contracting agency. 18.16 The interagency agreement may include provisions for the 18.17 payment of the county fee provided in section 171.06, 18.18 subdivision 4, and the actual cost to manufacture the card. 18.19 Cards issued under this subdivision are not Minnesota 18.20 identification cards for the purposes defined in sections 18.21 48.512, 201.061, 201.161, 332.50, and 340A.503. 18.22 Sec. 3. Minnesota Statutes 1994, section 256.014, 18.23 subdivision 1, is amended to read: 18.24 Subdivision 1. [ESTABLISHMENT OF SYSTEMS.] The 18.25 commissioner of human services shall establish and enhance 18.26 computer systems necessary for the efficient operation of the 18.27 programs the commissioner supervises, including: 18.28 (1) management and administration of the food stamp and 18.29 income maintenance programs, including the electronic 18.30 distribution of benefits; 18.31 (2) management and administration of the child support 18.32 enforcement program; and 18.33 (3) administration of medical assistance and general 18.34 assistance medical care. 18.35 The commissioner shall distribute the nonfederal share of 18.36 the costs of operating and maintaining the systems to the 19.1 commissioner and to the counties participating in the system in 19.2 a manner that reflects actual system usage, except that the 19.3 nonfederal share of the costs of the MAXIS computer system and 19.4 child support enforcement systems shall be borne entirely by the 19.5 commissioner. Development costs must not be assessed against 19.6 county agencies. 19.7 Sec. 4. Minnesota Statutes 1994, section 256.025, 19.8 subdivision 1, is amended to read: 19.9 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 19.10 section, the following terms have the meanings given them. 19.11 (b) "Base amount" means the calendar year 1990 county share 19.12 of county agency expenditures for all of the programs specified 19.13 in subdivision 2, except for the programs in subdivision 2, 19.14 clauses (4), (7), and (13). The 1990 base amount for 19.15 subdivision 2, clause (4), shall be reduced by one-seventh for 19.16 each county, and the 1990 base amount for subdivision 2, clause 19.17 (7), shall be reduced by seven-tenths for each county, and those 19.18 amounts in total shall be the 1990 base amount for group 19.19 residential housing in subdivision 2, clause (13). 19.20 (c) "County agency expenditure" means the total expenditure 19.21 or cost incurred by the county of financial responsibility for 19.22 the benefits and services for each of the programs specified in 19.23 subdivision 2 up to the amount required by statute or rule, and 19.24 excluding county optional costs which are not reimbursable with 19.25 state funds. The term includes the federal, state, and county 19.26 share of costs for programs in which there is federal financial 19.27 participation. For programs in which there is no federal 19.28 financial participation, the term includes the state and county 19.29 share of costs. The term excludes county administrative costs, 19.30 unless otherwise specified. 19.31 (d) "Nonfederal share" means the sum of state and county 19.32 shares of costs of the programs specified in subdivision 2. 19.33 (e) The "county share of county agency expenditures growth 19.34 amount" is the amount by which the county share of county agency 19.35 expenditures in calendar years 1991 to 2000 has increased over 19.36 the base amount. 20.1 Sec. 5. Minnesota Statutes 1994, section 256.025, 20.2 subdivision 2, is amended to read: 20.3 Subd. 2. [COVERED PROGRAMS AND SERVICES.] The procedures 20.4 in this section govern payment of county agency expenditures for 20.5 benefits and services distributed under the following programs: 20.6 (1) aid to families with dependent children under sections 20.7 256.82, subdivision 1, and 256.935, subdivision 1; 20.8 (2) medical assistance under sections 256B.041, subdivision 20.9 5, and 256B.19, subdivision 1; 20.10 (3) general assistance medical care under section 256D.03, 20.11 subdivision 6; 20.12 (4) general assistance under section 256D.03, subdivision 20.13 2; 20.14 (5) work readiness under section 256D.03, subdivision 2, 20.15 for assistance cost incurred prior to July 1, 1995; 20.16 (6) emergency assistance under section 256.871, subdivision 20.17 6; 20.18 (7) Minnesota supplemental aid under section 256D.36, 20.19 subdivision 1; 20.20 (8) preadmission screening and alternative care grants; 20.21 (9) work readiness services under section 256D.051 for 20.22 employment and training services costs incurred prior to July 1, 20.23 1995; 20.24 (10) case management services under section 256.736, 20.25 subdivision 13, for case management service costs incurred prior 20.26 to July 1, 1995; 20.27 (11) general assistance claims processing, medical 20.28 transportation and related costs; 20.29 (12) medical assistance, medical transportation and related 20.30 costs; and 20.31 (13) group residential housing under section 256I.05, 20.32 subdivision 8, transferred from programs in clauses (4) and (7). 20.33 Sec. 6. Minnesota Statutes 1994, section 256.026, is 20.34 amended to read: 20.35 256.026 [ANNUAL APPROPRIATION.] 20.36 (a) There shall be appropriated from the general fund to 21.1 the commissioner of human services in fiscal year19941996 the 21.2 amount of $136,286,768 and in fiscal year 1997 and each fiscal 21.3 year thereafter the amount of$142,339,359, which is the sum of21.4the amount of human services aid determined for all counties in21.5Minnesota for calendar year 1992 under Minnesota Statutes 1992,21.6section 273.1398, subdivision 5a, before any adjustments for21.7calendar year 1991$133,781,768. 21.8 (b) In addition to the amount in paragraph (a), there shall 21.9 also be annually appropriated from the general fund to the 21.10 commissioner of human services in fiscal years 1996, 1997, 1998, 21.11 1999, 2000, and 2001 the amount of$5,930,807$5,574,241. 21.12 (c) The amounts appropriated under paragraphs (a) and (b) 21.13 shall be used with other appropriations to make payments 21.14 required under section 256.025 for fiscal year19941996 and 21.15 thereafter. 21.16 Sec. 7. Minnesota Statutes 1994, section 256.73, 21.17 subdivision 3a, is amended to read: 21.18 Subd. 3a. [PERSONS INELIGIBLE.] No assistance shall be 21.19 given under sections 256.72 to 256.87: 21.20 (1) on behalf of any person who is receiving supplemental 21.21 security income under title XVI of the Social Security Act 21.22 unless permitted by federal regulations; 21.23 (2) for any month in which the assistance unit's gross 21.24 income, without application of deductions or disregards, exceeds 21.25 185 percent of the standard of need for a family of the same 21.26 size and composition; except that the earnings of a dependent 21.27 child who is a full-time student may be disregarded for six 21.28 months per calendar year and the earnings of a dependent child 21.29 that are derived from the jobs training and partnership act 21.30 (JTPA) may be disregarded for six months per calendar year. 21.31 These two earnings disregards cannot be combined to allow more 21.32 than a total of six months per calendar year when the earned 21.33 income of a full-time student is derived from participation in a 21.34 program under the JTPA. If a stepparent's income is taken into 21.35 account in determining need, the disregards specified in section 21.36 256.74, subdivision 1a, shall be applied to determine income 22.1 available to the assistance unit before calculating the unit's 22.2 gross income for purposes of this paragraph;. If a stepparent's 22.3 needs are included in the assistance unit as specified in 22.4 section 256.74, subdivision 1, the disregards specified in 22.5 section 256.74, subdivision 1, shall be applied. 22.6 (3) to any assistance unit for any month in which any 22.7 caretaker relative with whom the child is living is, on the last 22.8 day of that month, participating in a strike; 22.9 (4) on behalf of any other individual in the assistance 22.10 unit, nor shall the individual's needs be taken into account for 22.11 any month in which, on the last day of the month, the individual 22.12 is participating in a strike; 22.13 (5) on behalf of any individual who is the principal earner 22.14 in an assistance unit whose eligibility is based on the 22.15 unemployment of a parent when the principal earner, without good 22.16 cause, fails or refuses to accept employment, or to register 22.17 with a public employment office, unless the principal earner is 22.18 exempt from these work requirements. 22.19 Sec. 8. Minnesota Statutes 1994, section 256.736, 22.20 subdivision 3, is amended to read: 22.21 Subd. 3. [REGISTRATION.] (a) To the extent permissible 22.22 under federal law, every caretaker or child is required to 22.23 register for employment and training services, as a condition of 22.24 receiving AFDC, unless the caretaker or child is: 22.25 (1) a child who is under age 16, a child age 16 or 17 who 22.26 is attending elementary or secondary school or a secondary level 22.27 vocational or technical school full time; 22.28 (2) ill, incapacitated, or age 60 or older; 22.29 (3) a person for whom participation in an employment and 22.30 training service would require a round trip commuting time by 22.31 available transportation of more than two hours; 22.32 (4) a person whose presence in the home is required because 22.33 of illness or incapacity of another member of the household; 22.34 (5) a caretaker or other caretaker relative of a child 22.35 under the age of three who personally provides full-time care 22.36 for the child. In AFDC-UP cases, only one parent or other 23.1 relative may qualify for this exemption; 23.2 (6) a caretaker or other caretaker relative personally 23.3 providing care for a child under six years of age, except that 23.4 when child care is arranged for or provided, the caretaker or 23.5 caretaker relative may be required to register and participate 23.6 in employment and training services up to a maximum of 20 hours 23.7 per week. In AFDC-UP cases, only one parent or other relative 23.8 may qualify for this exemption; 23.9 (7) a pregnant woman, if it has been medically verified 23.10 that the child is expected to be born within the next six 23.11 months;or23.12 (8) employed at least 30 hours per week; or 23.13 (9) an individual added to an assistance unit as an 23.14 essential person under section 256.74, subdivision 1. An 23.15 essential person who meets the definition of a "caretaker" as 23.16 defined in subdivision 1a, paragraph (c), shall be subject to 23.17 all the provisions of this section. 23.18 (b) To the extent permissible by federal law, applicants 23.19 for benefits under the AFDC program are registered for 23.20 employment and training services by signing the application 23.21 form. Applicants must be informed that they are registering for 23.22 employment and training services by signing the form. Persons 23.23 receiving benefits on or after July 1, 1987, shall register for 23.24 employment and training services to the extent permissible by 23.25 federal law. The caretaker has a right to a fair hearing under 23.26 section 256.045 with respect to the appropriateness of the 23.27 registration. 23.28 Sec. 9. Minnesota Statutes 1994, section 256.736, 23.29 subdivision 13, is amended to read: 23.30 Subd. 13. [STATE SHARE.] The state must pay 75 percent of 23.31 the nonfederal share of costs incurred by counties under 23.32 subdivision 11. 23.33 Beginning July 1, 1991, the state will reimburse counties, 23.34 up to the limit of state appropriations, according to the 23.35 payment schedule in section 256.025, for the county share of 23.36 county agency expenditures made under subdivision 11 from 24.1 January 1, 1991,onto June 30, 1995. Payment to counties under 24.2 this subdivision is subject to the provisions of section 256.017. 24.3 Beginning July 1, 1995, the state must pay 100 percent of 24.4 the nonfederal share incurred by counties under subdivision 11, 24.5 up to the limit of state appropriations. If the state 24.6 appropriation is not sufficient to fund the cost of case 24.7 management services for all caretakers identified in subdivision 24.8 2a, the commissioner must define a statewide subgroup of 24.9 caretakers which includes all caretakers in subdivision 2a, 24.10 clause (1), and as many caretakers as possible from subdivision 24.11 2a, clauses (2) and (3). 24.12 Sec. 10. Minnesota Statutes 1994, section 256.74, 24.13 subdivision 1, is amended to read: 24.14 Subdivision 1. [AMOUNT.] The amount of assistance which 24.15 shall be granted to or on behalf of any dependent child 24.16 andmotherparent or other needy eligible relative caring for 24.17 the dependent child shall be determined by the county agency in 24.18 accordance with rules promulgated by the commissioner and shall 24.19 be sufficient, when added to all other income and support 24.20 available to the child, to provide the child with a reasonable 24.21 subsistence compatible with decency and health. To the extent 24.22 permissible under federal law, an eligible relative caretaker or 24.23 parent shall have the option to include in the assistance unit 24.24 the needs, income, and resources of the following needy 24.25 individuals who are not otherwise eligible for AFDC because they 24.26 do not qualify as a caretaker or as a dependent child: 24.27 (1) a parent or relative caretaker's spouse and 24.28 stepchildren; or 24.29 (2) blood or legally adopted relatives who are under the 24.30 age of 18 or under the age of 19 years who are regularly 24.31 attending as a full-time student, and are expected to complete 24.32 before or during the month of their 19th birthday, a high school 24.33 or secondary level course of vocational or technical training 24.34 designed to prepare students for gainful employment. The amount 24.35 shall be based on the method of budgeting required in Public Law 24.36 Number 97-35, section 2315, United States Code, title 42, 25.1 section 602, as amended and federal regulations at Code of 25.2 Federal Regulations, title 45, section 233. Nonrecurring lump 25.3 sum income received by an AFDC family must be budgeted in the 25.4 normal retrospective cycle. When the family's income, after 25.5 application of the applicable disregards, exceeds the need 25.6 standard for the family because of receipt of earned or unearned 25.7 lump sum income, the family will be ineligible for the full 25.8 number of months derived by dividing the sum of the lump sum 25.9 income and other income by the monthly need standard for a 25.10 family of that size. Any income remaining from this calculation 25.11 is income in the first month following the period of 25.12 ineligibility. The first month of ineligibility is the payment 25.13 month that corresponds with the budget month in which the lump 25.14 sum income was received. For purposes of applying the lump sum 25.15 provision, family includes those persons defined in the Code of 25.16 Federal Regulations, title 45, section 233.20(a)(3)(ii)(F). A 25.17 period of ineligibility must be shortened when the standard of 25.18 need increases and the amount the family would have received 25.19 also changes, an amount is documented as stolen, an amount is 25.20 unavailable because a member of the family left the household 25.21 with that amount and has not returned, an amount is paid by the 25.22 family during the period of ineligibility to cover a cost that 25.23 would otherwise qualify for emergency assistance, or the family 25.24 incurs and pays for medical expenses which would have been 25.25 covered by medical assistance if eligibility existed. In making 25.26 its determination the county agency shall disregard the 25.27 following from family income: 25.28 (1) all the earned income of each dependent child applying 25.29 for AFDC if the child is a full-time student and all of the 25.30 earned income of each dependent child receiving AFDC who is a 25.31 full-time student or is a part-time student who is not a 25.32 full-time employee. A student is one who is attending a school, 25.33 college, or university, or a course of vocational or technical 25.34 training designed to fit students for gainful employment and 25.35 includes a participant in the Job Corps program under the Job 25.36 Training Partnership Act (JTPA). The county agency shall also 26.1 disregard all income of each dependent child applying for or 26.2 receiving AFDC when the income is derived from a program carried 26.3 out under JTPA, except that disregard of earned income may not 26.4 exceed six months per calendar year; 26.5 (2) all educationalgrants and loansassistance, except 26.6 that graduate student teaching assistantships, fellowships, and 26.7 other similar paid work shall be counted as earned income and, 26.8 after allowing deductions for any unmet and necessary 26.9 educational expenses, scholarships or grants awarded to graduate 26.10 students that do not require teaching or research shall be 26.11 counted as unearned income; 26.12 (3) the first $90 of each individual's earned income. For 26.13 self-employed persons, the expenses directly related to 26.14 producing goods and services and without which the goods and 26.15 services could not be produced shall be disregarded pursuant to 26.16 rules promulgated by the commissioner; 26.17 (4) thirty dollars plus one-third of each individual's 26.18 earned income for individuals found otherwise eligible to 26.19 receive aid or who have received aid in one of the four months 26.20 before the month of application. With respect to any month, the 26.21 county welfare agency shall not disregard under this clause any 26.22 earned income of any person who has: (a) reduced earned income 26.23 without good cause within 30 days preceding any month in which 26.24 an assistance payment is made; (b) refused without good cause to 26.25 accept an offer of suitable employment; (c) left employment or 26.26 reduced earnings without good cause and applied for assistance 26.27 so as to be able later to return to employment with the 26.28 advantage of the income disregard; or (d) failed without good 26.29 cause to make a timely report of earned income in accordance 26.30 with rules promulgated by the commissioner of human services. 26.31 Persons who are already employed and who apply for assistance 26.32 shall have their needs computed with full account taken of their 26.33 earned and other income. If earned and other income of the 26.34 family is less than need, as determined on the basis of public 26.35 assistance standards, the county agency shall determine the 26.36 amount of the grant by applying the disregard of income 27.1 provisions. The county agency shall not disregard earned income 27.2 for persons in a family if the total monthly earned and other 27.3 income exceeds their needs, unless for any one of the four 27.4 preceding months their needs were met in whole or in part by a 27.5 grant payment. The disregard of $30 and one-third of earned 27.6 income in this clause shall be applied to the individual's 27.7 income for a period not to exceed four consecutive months. Any 27.8 month in which the individual loses this disregard because of 27.9 the provisions of subclauses (a) to (d) shall be considered as 27.10 one of the four months. An additional $30 work incentive must 27.11 be available for an eight-month period beginning in the month 27.12 following the last month of the combined $30 and one-third work 27.13 incentive. This period must be in effect whether or not the 27.14 person has earned income or is eligible for AFDC. To again 27.15 qualify for the earned income disregards under this clause, the 27.16 individual must not be a recipient of aid for a period of 12 27.17 consecutive months. When an assistance unit becomes ineligible 27.18 for aid due to the fact that these disregards are no longer 27.19 applied to income, the assistance unit shall be eligible for 27.20 medical assistance benefits for a 12-month period beginning with 27.21 the first month of AFDC ineligibility; 27.22 (5) an amount equal to the actual expenditures for the care 27.23 of each dependent child or incapacitated individual living in 27.24 the same home and receiving aid, not to exceed: (a) $175 for 27.25 each individual age two and older, and $200 for each individual 27.26 under the age of two. The dependent care disregard must be 27.27 applied after all other disregards under this subdivision have 27.28 been applied; 27.29 (6) the first $50 per assistance unit of the monthly 27.30 support obligation collected by the support and recovery (IV-D) 27.31 unit. The first $50 of periodic support payments collected by 27.32 the public authority responsible for child support enforcement 27.33 from a person with a legal obligation to pay support for a 27.34 member of the assistance unit must be paid to the assistance 27.35 unit within 15 days after the end of the month in which the 27.36 collection of the periodic support payments occurred and must be 28.1 disregarded when determining the amount of assistance. A review 28.2 of a payment decision under this clause must be requested within 28.3 30 days after receiving the notice of collection of assigned 28.4 support or within 90 days after receiving the notice if good 28.5 cause can be shown for not making the request within the 30-day 28.6 limit; 28.7 (7) that portion of an insurance settlement earmarked and 28.8 used to pay medical expenses, funeral and burial costs, or to 28.9 repair or replace insured property; and 28.10 (8) all earned income tax credit payments received by the 28.11 family as a refund of federal income taxes or made as advance 28.12 payments by an employer. 28.13 All payments made pursuant to a court order for the support 28.14 of children not living in the assistance unit's household shall 28.15 be disregarded from the income of the person with the legal 28.16 obligation to pay support, provided that, if there has been a 28.17 change in the financial circumstances of the person with the 28.18 legal obligation to pay support since the support order was 28.19 entered, the person with the legal obligation to pay support has 28.20 petitioned for a modification of the support order. 28.21 Sec. 11. [256.986] [ASSISTANCE TRANSACTION CARD FEE.] 28.22 Subdivision 1. [REPLACEMENT CARD.] The commissioner of 28.23 human services may charge a cardholder, as defined in section 28.24 256.985, a $2 fee to replace an assistance transaction card. 28.25 The fees shall be appropriated to the commissioner and used for 28.26 electronic benefit purposes. 28.27 Subd. 2. [TRANSACTION FEE.] Contingent upon the results of 28.28 a state study to determine the cost-effectiveness of a 28.29 transaction fee, the commissioner may charge a transaction fee 28.30 of up to $1 for each automated teller machine transaction in 28.31 excess of four per month, up to a cap of $10 in transaction fees 28.32 per cardholder, per month. A transaction fee subsequently set 28.33 by the federal government may supersede a fee established under 28.34 this subdivision. The fees shall be appropriated to the 28.35 commissioner and used for electronic benefit purposes. 28.36 Sec. 12. Minnesota Statutes 1994, section 256D.05, 29.1 subdivision 7, is amended to read: 29.2 Subd. 7. [INELIGIBILITY FOR GENERAL ASSISTANCE.] No person 29.3disqualified from any federally aided assistance programshall 29.4 be eligible for general assistance duringthea periodcovered29.5by the disqualification sanctionof disqualification from any 29.6 federally aided assistance program; or if the person could be 29.7 considered an essential person under section 256.74, subdivision 29.8 1. 29.9 Sec. 13. Minnesota Statutes 1994, section 256D.36, 29.10 subdivision 1, is amended to read: 29.11 Subdivision 1. [STATE PARTICIPATION.](a) [ELIGIBILITY.]29.12Commencing January 1, 1974, the commissioner shall certify to29.13each county agency the names of all county residents who were29.14eligible for and did receive aid during December, 1973, pursuant29.15to a categorical aid program of old age assistance, aid to the29.16blind, or aid to the disabled. The amount of supplemental aid29.17for each individual eligible under this section shall be29.18calculated according to the formula in title II, section 212(a)29.19(3) of Public Law Number 93-66, as amended.29.20(b) [DIVISION COSTS.] From and after January 1, 1980,29.21until January 1, 1981, the state shall pay 70 percent and the29.22county shall pay 30 percent of the supplemental aid calculated29.23for each county resident certified under this section who is an29.24applicant for or recipient of supplemental security income.29.25After December 31, 1980, the state share of aid paid shall be 8529.26percent and the county share shall be 15 percent. Benefits29.27shall be issued to recipients by the state or county and funded29.28according to section 256.025, subdivision 3, subject to29.29provisions of section 256.017.29.30 Beginning July 1, 1991, the state will reimburse counties 29.31 according to the payment schedule in section 256.025 for the 29.32 county share of county agency expenditures for financial 29.33 benefits to individuals under this subdivision from January 1, 29.34 1991, on. Payment to counties under this subdivision is subject 29.35 to the provisions of section 256.017. 29.36 Sec. 14. Minnesota Statutes 1994, section 256D.385, is 30.1 amended to read: 30.2 256D.385 [RESIDENCE.] 30.3 To be eligible for Minnesota supplemental aid, a person 30.4 must be a resident of Minnesota and (1) a citizen of the United 30.5 States, (2) an alien lawfully admitted to the United States for 30.6 permanent residence, or (3)otherwise permanently residing in30.7the United States under color of lawa qualified alien as 30.8 defined by the supplemental security income program. 30.9 Sec. 15. Minnesota Statutes 1994, section 256D.405, 30.10 subdivision 3, is amended to read: 30.11 Subd. 3. [REPORTS.] Recipients must report changes in 30.12 circumstances that affect eligibility or assistance payment 30.13 amounts within ten days of the change. Recipientswith earned30.14income, and recipientswho do not receive SSI because of excess 30.15 income must complete a monthly report form if they have earned 30.16 income, if they have incomeallocatedprovided to them from a 30.17 financially responsible relative with whom the recipient 30.18 resides,must complete a monthly household report formor if 30.19 they have income provided to them by a sponsor. If the report 30.20 form is not received before the end of the month in which it is 30.21 due, the county agency must terminate assistance. The 30.22 termination shall be effective on the first day of the month 30.23 following the month in which the report was due. If a complete 30.24 report is received within the month the assistance was 30.25 terminated, the assistance unit is considered to have continued 30.26 its application for assistance, effective the first day of the 30.27 month the assistance was terminated. 30.28 Sec. 16. Minnesota Statutes 1994, section 256D.425, 30.29 subdivision 1, is amended to read: 30.30 Subdivision 1. [PERSONS ENTITLED TO RECEIVE AID.]A person30.31who is aged, blind, or 18 years of age or older and disabled,30.32whose income is less than the standards of assistance in section30.33256D.44 and whose resources are less than the limits in30.34subdivision 2 is eligible for and entitled to Minnesota30.35supplemental aid. A person found eligible by the Social30.36Security Administration for supplemental security income under31.1Title XVI on the basis of age, blindness, or disability meets31.2these requirements. A person who would be eligible for the31.3supplemental security income program except for income that31.4exceeds the limit of that program but thatA person found 31.5 eligible by the Social Security Administration to receive 31.6 supplemental security benefits under Title XVI on the basis of 31.7 age, blindness, or disability (or one who would be eligible for 31.8 such benefits except for excess income) is eligible for a 31.9 supplemental payment under the Minnesota supplemental aid 31.10 program, if the person's net income is less than the standards 31.11 in section 256D.44. Persons who are not receiving SSI benefits 31.12 because they have exhausted time limited benefits or because 31.13 they failed to meet or comply with SSI program requirements are 31.14 not eligible to receive a supplemental payment from the MSA 31.15 program. People who are found ineligible for SSI because of 31.16 excess income, but whose income is within the limits of the 31.17 Minnesota supplemental aid program, must have blindness or 31.18 disability determined by the state medical review team. 31.19 Sec. 17. Minnesota Statutes 1994, section 256D.435, 31.20 subdivision 1, is amended to read: 31.21 Subdivision 1. [EXCLUSIONSINCOME.]The following is31.22excluded from income in determining eligibility for Minnesota31.23supplemental aid:31.24(1) the value of food stamps;31.25(2) home-produced food used by the household;31.26(3) Indian claim payments made by the United States31.27Congress to compensate members of Indian tribes for the taking31.28of tribal lands by the federal government;31.29(4) cash payments to displaced persons who face relocation31.30as a result of the Housing Act of 1965, the Housing and Urban31.31Development Act of 1965, or the Uniform Relocation Assistance31.32and Real Property Acquisition Policies Act of 1970;31.33(5) one-third of child support payments received by an31.34eligible child from an absent parent;31.35(6) displaced homemaker payments;31.36(7) reimbursement received for maintenance costs of32.1providing foster care to adults or children;32.2(8) benefits received under Title IV and Title VII of the32.3Older Americans Act of 1965;32.4(9) Minnesota renter or homeowner property tax refunds;32.5(10) infrequent, irregular income that does not total more32.6than $20 per person in a month;32.7(11) reimbursement payments received from the VISTA32.8program;32.9(12) in-kind income;32.10(13) payments received for providing volunteer services32.11under Title I, Title II, and Title III of the Domestic Volunteer32.12Service Act of 1973;32.13(14) loans that have to be repaid;32.14(15) federal low-income heating assistance program32.15payments;32.16(16) any other type of funds excluded as income by state32.17law;32.18(17) student financial aid, as allowed for the supplemental32.19security income program; and32.20(18) other income excluded by the supplemental security32.21income program.For persons receiving supplemental security 32.22 income benefits, the countable income used to determine 32.23 eligibility and benefits for Minnesota supplemental aid is the 32.24 gross amount of the Federal Benefit Rate (FBR) after allowing 32.25 for the general income disregard in subdivision 5. For persons 32.26 who have been denied a supplemental security income benefit due 32.27 to excess income, and who have had their blindness or disability 32.28 determined through the state medical review team, the countable 32.29 income is the gross amount of earned and unearned income, minus 32.30 the exclusions and disregards listed in subdivisions 4a, 5, and 32.31 6. 32.32 Sec. 18. Minnesota Statutes 1994, section 256D.435, 32.33 subdivision 3, is amended to read: 32.34 Subd. 3. [APPLICATION FOR FEDERALLY FUNDED BENEFITS.] 32.35Persons for whom the applicant or recipient has financial32.36responsibility and who have unmet needsPersons who live with 33.1 the applicant or recipient, who have unmet needs and for whom 33.2 the applicant or recipient has financial responsibility must 33.3 apply for and, if eligible, accept AFDC and other federally 33.4 funded benefits.If the persons are determined potentially33.5eligible for AFDC by the county agency, the applicant or33.6recipient may not allocate earned or unearned income to those33.7persons while an AFDC application is pending, or after the33.8persons are determined eligible for AFDC. If the persons are33.9determined potentially eligible for other federal benefits, the33.10applicant or recipient may only allocate income to those persons33.11until they are determined eligible for those other benefits33.12unless the amount of those benefits is less than the amount in33.13subdivision 4.33.14 Sec. 19. Minnesota Statutes 1994, section 256D.435, 33.15 subdivision 4, is amended to read: 33.16 Subd. 4. [ALLOCATION AND DEEMING OF INCOME.]The rate of33.17allocation to relatives for whom the applicant or recipient is33.18financially responsible is one-half the individual supplemental33.19security income standard of assistance, except as restricted in33.20subdivision 3.33.21If the applicant or recipient shares a residence with33.22another person who has financial responsibility for the33.23applicant or recipient, the income of that person is considered33.24available to the applicant or recipient after allowing: (1) the33.25deductions in subdivisions 7 and 8; and (2) a deduction for the33.26needs of the financially responsible relative and others in the33.27household for whom that relative is financially responsible.33.28The rate allowed to meet the needs of each of these people is33.29one-half the individual supplemental security income33.30standard.The county agency shall apply the supplemental 33.31 security income rules regarding financial responsibility in 33.32 determining when and the amount of income to allocate or deem. 33.33 Sec. 20. Minnesota Statutes 1994, section 256D.435, is 33.34 amended by adding a subdivision to read: 33.35 Subd. 4a. [EXCLUSIONS.] The income exclusions used to 33.36 determine eligibility for Minnesota supplemental aid are those 34.1 used to determine benefits for supplemental security income. 34.2 Sec. 21. Minnesota Statutes 1994, section 256D.435, 34.3 subdivision 5, is amended to read: 34.4 Subd. 5. [GENERAL INCOME DISREGARD.] The county agency 34.5 shall disregard the first $20 of the assistance unit's unearned 34.6 or earned incomefrom the assistance unit's gross earned income. 34.7 Sec. 22. Minnesota Statutes 1994, section 256D.435, 34.8 subdivision 6, is amended to read: 34.9 Subd. 6. [EARNED INCOME DISREGARDS.]From the assistance34.10unit's gross earned income, the county agency shall disregard34.11$65 plus one-half of the remaining income.The earned income 34.12 disregards used to determine eligibility for Minnesota 34.13 supplemental aid are those used to determine benefits for 34.14 supplemental security income. 34.15 Sec. 23. Minnesota Statutes 1994, section 256D.44, 34.16 subdivision 1, is amended to read: 34.17 Subdivision 1. [USE OF STANDARDS; INCREASES.] The state 34.18 standards of assistance forshelter,basic needs,andplus 34.19 special need itemsthatestablish the total amount of 34.20maintenanceneed for an applicant for or recipient of Minnesota 34.21 supplemental aid, areused to determine the assistance unit's 34.22 eligibility for Minnesota supplemental aid. The state standards 34.23 of assistance for basic needs must increase by an amount equal 34.24 to the dollar value, rounded up to the nearest dollar, of any 34.25 cost of living increases in the supplemental security income 34.26 program. 34.27 Sec. 24. Minnesota Statutes 1994, section 256D.44, 34.28 subdivision 2, is amended to read: 34.29 Subd. 2. [STANDARD OF ASSISTANCE FORSHELTERPERSONS 34.30 ELIGIBLE FOR MEDICAL ASSISTANCE WAIVERS OR AT RISK OF 34.31 INSTITUTIONALIZATION.]The state standard of assistance for34.32shelter provides for the recipient's shelter costs. The monthly34.33state standard of assistance for shelter must be determined34.34according to paragraphs (a) to (f).34.35(a) If an applicant or recipient does not reside with34.36another person or persons, the state standard of assistance is35.1the actual cost for shelter items or $124, whichever is less.35.2(b) If an applicant married couple or recipient married35.3couple, who live together, does not reside with others, the35.4state standard of assistance is the actual cost for shelter35.5items or $186, whichever is less.35.6(c) If an applicant or recipient resides with another35.7person or persons, the state standard of assistance is the35.8actual cost for shelter items or $93, whichever is less.35.9(d) If an applicant married couple or recipient married35.10couple, who live together, resides with others, the state35.11standard of assistance is the actual cost for shelter items or35.12$124, whichever is less.35.13(e) Actual shelter costs for applicants or recipients, who35.14reside with others, are determined by dividing the total monthly35.15shelter costs by the number of persons who share the residence.35.16(f) Married couples, living together and receiving MSA on35.17January 1, 1994, and whose eligibility has not been terminated35.18for a full calendar month, are exempt from the standards in35.19paragraphs (b) and (d).The state standard for a person who is 35.20 eligible for a medical assistance waiver or a person who has 35.21 been determined by the local agency to require placement in a 35.22 group residential housing facility is the standard in 35.23 subdivision 3, paragraph (a) or (b). 35.24 Sec. 25. Minnesota Statutes 1994, section 256D.44, 35.25 subdivision 3, is amended to read: 35.26 Subd. 3. [STANDARD OF ASSISTANCE FOR BASIC NEEDS.]The35.27state standard of assistance for basic needs provides for the35.28applicant's or recipient's maintenance needs, other than actual35.29shelter costs.Except as provided in subdivision 4, the monthly 35.30 state standard of assistance for basic needs is as follows: 35.31 (a) If an applicant or recipient does not reside with 35.32 another person or persons, the state standard of assistance is 35.33$371$519. 35.34 (b) If an applicant married couple or recipient married 35.35 couple who live together, does not reside with others, the state 35.36 standard of assistance is$557$778. 36.1 (c) If an applicant or recipient resides with another 36.2 person or persons, the state standard of assistance is$286$395. 36.3 (d) If an applicant married couple or recipient married 36.4 couple who live together, resides with others, the state 36.5 standard of assistance is$371$519. 36.6 (e) For married couples, living together and receiving MSA 36.7onprior to January 1, 1994, and whose eligibility has not been 36.8 terminated a full calendar month,are exempt from the standards36.9in paragraphs (b) and (d)the state standard of need is $793. 36.10 (f) The state standard of assistance for married couples 36.11 who do not live with others and are receiving MSA prior to 36.12 January 1, 1994, and whose eligibility has not been terminated a 36.13 full calendar month, is $682. 36.14 (g) The state standard of assistance for an individual who 36.15 is a resident of a nursing home, a regional treatment center or 36.16 a group residential housing facility is the personal needs 36.17 allowance for medical assistance recipients under section 36.18 256B.35. 36.19 Sec. 26. Minnesota Statutes 1994, section 256D.44, 36.20 subdivision 4, is amended to read: 36.21 Subd. 4. [TEMPORARY ABSENCE DUE TO ILLNESS.] For the 36.22 purposes of this subdivision, "home" means a residence owned or 36.23 rented by a recipient or the recipient's spouse. Home does not 36.24 include anegotiated rategroup residential housing facility. 36.25 Assistance payments for recipients who are temporarily absent 36.26 from their home due to hospitalization for illness must continue 36.27 at the same level of payment during their absence if the 36.28 following criteria are met: 36.29 (1) a physician certifies that the absence is not expected 36.30 to continue for more than three months; 36.31 (2) a physician certifies that the recipient will be able 36.32 to return to independent living; and 36.33 (3) the recipient has expenses associated with maintaining 36.34 a residence in the community. 36.35 Sec. 27. Minnesota Statutes 1994, section 256D.44, 36.36 subdivision 5, is amended to read: 37.1 Subd. 5. [SPECIAL NEEDS.]NotwithstandingIn addition to 37.2 the state standards established in subdivisions 1 to 4, payments 37.3 are allowed for the following special needs of recipients of 37.4 Minnesota supplemental aid who are not residents of a nursing 37.5 home, a regional treatment center, or a group residential 37.6 housing facility: 37.7 (a) The county agency shall pay a monthly allowance for 37.8 medically prescribed diets payable under the AFDC program if the 37.9 cost of those additional dietary needs cannot be met through 37.10 some other maintenance benefit. 37.11 (b) Payment for nonrecurring special needs must be allowed 37.12 for necessary home repairs or necessary repairs or replacement 37.13 of household furniture and appliances using the payment standard 37.14 of the AFDC program for these expenses, as long as other funding 37.15 sources are not available. 37.16 (c) A fee for guardian or conservator service is allowed at 37.17 a reasonable rate negotiated by the county or approved by the 37.18 court. This rate shall not exceed five percent of the 37.19 assistance unit's gross monthly income up to a maximum of $100 37.20 per month. If the guardian or conservator is a member of the 37.21 county agency staff, no fee is allowed. 37.22 (d) The county agency shall continue to pay a monthly 37.23 allowance of $68 for restaurant meals for a person who was 37.24 receiving a restaurant meal allowance on June 1, 1990, and who 37.25 eats two or more meals in a restaurant daily. The allowance 37.26 must continue until the person has not received Minnesota 37.27 supplemental aid for one full calendar month or until the 37.28 person's living arrangement changes and the person no longer 37.29 meets the criteria for the restaurant meal allowance, whichever 37.30 occurs first. 37.31 (e) A fee of ten percent of the recipient's gross income or 37.32 $25, whichever is less, is allowed for representative payee 37.33 services provided by an agency that meet the requirements under 37.34 SSI regulations to charge a fee for representative payee 37.35 services. This special need is available to all recipients of 37.36 Minnesota supplemental aid regardless of their living 38.1 arrangement. 38.2 Sec. 28. Minnesota Statutes 1994, section 256D.44, 38.3 subdivision 6, is amended to read: 38.4 Subd. 6. [COUNTY AGENCY STANDARDS OF ASSISTANCE.] The 38.5 county agency may establish standards of assistance forshelter,38.6 basic needs, special needs, and clothing and personal needs, and38.7negotiated ratesthat exceed the corresponding state standards 38.8 of assistance. State aid is not available for costs above state 38.9 standards. 38.10 Sec. 29. Minnesota Statutes 1994, section 256D.45, 38.11 subdivision 1, is amended to read: 38.12 Subdivision 1. [PROSPECTIVE BUDGETING.]A calendar month38.13isThe payment period and budgeting cycle for Minnesota 38.14 supplemental aid. The monthly payment to a recipient must be38.15determined prospectivelyare those of the supplemental security 38.16 income program. 38.17 Sec. 30. Minnesota Statutes 1994, section 256D.46, 38.18 subdivision 1, is amended to read: 38.19 Subdivision 1. [ELIGIBILITY.] Emergency Minnesota 38.20 supplemental aid must be granted if the recipient is without 38.21 adequate resources to resolve an emergency that, if unresolved, 38.22 will threaten the health or safety of the recipient. For the 38.23 purposes of this section, the term "recipient" includes persons 38.24 for whom a group residential housing benefit is being paid under 38.25 sections 256I.01 to 256I.06. 38.26 Sec. 31. Minnesota Statutes 1994, section 256D.46, 38.27 subdivision 2, is amended to read: 38.28 Subd. 2. [INCOME AND RESOURCE TEST.] All income and 38.29 resources available to the recipient during the month in which 38.30 the need for emergency Minnesota supplemental aid arises must be 38.31 considered in determining the recipient's ability to meet the 38.32 emergency need. Property that can be liquidated in time to 38.33 resolve the emergency and income (excluding Minnesota 38.34 supplemental aid issued for current month's need) that is 38.35 normally disregarded or excluded under the Minnesota 38.36 supplemental aid program must be considered available to meet 39.1 the emergency need. 39.2 Sec. 32. Minnesota Statutes 1994, section 256D.48, 39.3 subdivision 1, is amended to read: 39.4 Subdivision 1. [NEED FOR PROTECTIVE PAYEE.] The county 39.5 agency shall determine whether a recipient needs a protective 39.6 payee when a physical or mental condition renders the recipient 39.7 unable to manage funds and when payments to the recipient would 39.8 be contrary to the recipient's welfare. Protective payments 39.9 must be issued when there is evidence of: (1) repeated 39.10 inability to plan the use of income to meet necessary 39.11 expenditures; (2) repeated observation that the recipient is not 39.12 properly fed or clothed; (3) repeated failure to meet 39.13 obligations for rent, utilities, food, and other essentials; (4) 39.14 evictions or a repeated incurrence of debts;or(5) lost or 39.15 stolen checks; or (6) use of emergency Minnesota supplemental 39.16 aid more than twice in a calendar year. The determination of 39.17 representative payment by the Social Security Administration for 39.18 the recipient is sufficient reason for protective payment of 39.19 Minnesota supplemental aid payments. 39.20 Sec. 33. [REPEALER.] 39.21 Minnesota Statutes 1994, sections 256.851; 256D.35, 39.22 subdivisions 14 and 19; 256D.36, subdivision 1a; 256D.37; 39.23 256D.425, subdivision 3; 256D.435, subdivisions 2, 7, 8, 9, and 39.24 10; and 256D.44, subdivision 7, are repealed. 39.25 ARTICLE 3 39.26 PROGRAM INTEGRITY 39.27 Section 1. Minnesota Statutes 1994, section 256.034, 39.28 subdivision 1, is amended to read: 39.29 Subdivision 1. [CONSOLIDATION OF TYPES OF ASSISTANCE.] 39.30 Under the Minnesota family investment plan, assistance 39.31 previously provided to families through the AFDC, food stamp, 39.32 and general assistance programs must be combined into a single 39.33 cash assistance program. As authorized by Congress, families 39.34 receiving assistance through the Minnesota family investment 39.35 plan are automatically eligible for and entitled to medical 39.36 assistance under chapter 256B. Federal, state, and local funds 40.1 that would otherwise be allocated for assistance to families 40.2 under the AFDC, food stamp, and general assistance programs must 40.3 be transferred to the Minnesota family investment plan. The 40.4 provisions of the Minnesota family investment plan prevail over 40.5 any provisions of sections 245.771, 256.72 to 256.87, 256D.01 to 40.6 256D.21, or 393.07, subdivisions 10 and 10a, and any rules 40.7 implementing those sections with which they are irreconcilable. 40.8 The food stamp, general assistance, and work readiness programs 40.9 for single persons and couples who are not responsible for the 40.10 care of children are not replaced by the Minnesota family 40.11 investment plan. Unless stated otherwise in statutes or rules 40.12 governing the Minnesota family investment plan, participants in 40.13 the Minnesota family investment plan shall be considered to be 40.14 recipients of aid under aid to families with dependent children, 40.15 family general assistance, and food stamps for the purposes of 40.16 statutes and rules affecting such recipients or allocations of 40.17 funding based on the assistance status of the recipients, and to 40.18 specifically be subject to the provisions of section 256.98. 40.19 Sec. 2. Minnesota Statutes 1994, section 256.73, 40.20 subdivision 2, is amended to read: 40.21 Subd. 2. [ALLOWANCE BARRED BY OWNERSHIP OF PROPERTY.] 40.22 Ownership by an assistance unit of property as follows is a bar 40.23 to any allowance under sections 256.72 to 256.87: 40.24 (1) The value of real property other than the homestead, 40.25 which when combined with other assets exceeds the limits of 40.26 paragraph (2), unless the assistance unit is making a good faith 40.27 effort to sell the nonexcludable real property. The time period 40.28 for disposal must not exceed nine consecutive months. The 40.29 assistance unit must sign an agreement to dispose of the 40.30 property and torepay assistance received during the nine months40.31that would not have been paid had the property been sold at the40.32beginning of such period, but not to exceed the amount of the40.33net sale proceeds. The family has five working days from the40.34date it realizes cash from the sale of the property to repay the40.35overpayment. If the property is not sold within the required40.36time or the assistance unit becomes ineligible for any reason41.1during the nine-month period, the amount payable under the41.2agreement will not be determined and recovery will not begin41.3until the property is in fact sold.execute a lien covering that 41.4 property with the amount of assistance expended over the 41.5 nine-month period covered by the agreement. The amount payable 41.6 should be calculated and entered onto the lien form, which shall 41.7 be filed for record with the recorder in the county where the 41.8 real property is situated. The lien takes priority from the 41.9 time of its attaching over all other liens subsequently acquired 41.10 and subsequent conveyances. The lien shall be enforced in the 41.11 manner provided by law for the enforcement of mechanics liens 41.12 upon real property and at such time as the property is in fact 41.13 sold. If the property is intentionally sold at less than fair 41.14 market value or if a good faith effort to sell the property is 41.15 not being made, the overpayment amount shall be computed using 41.16 the fair market value determined at the beginning of the 41.17 nine-month period. For the purposes of this section, 41.18 "homestead" means the home that is owned by, and is the usual 41.19 residence of, the child, relative, or other member of the 41.20 assistance unit together with the surrounding property which is 41.21 not separated from the home by intervening property owned by 41.22 others. "Usual residence" includes the home from which the 41.23 child, relative, or other members of the assistance unit is 41.24 temporarily absent due to an employability development plan 41.25 approved by the local human service agency, which includes 41.26 education, training, or job search within the state but outside 41.27 of the immediate geographic area. Public rights-of-way, such as 41.28 roads which run through the surrounding property and separate it 41.29 from the home, will not affect the exemption of the property; or 41.30 (2) Personal property of an equity value in excess of 41.31 $1,000 for the entire assistance unit, exclusive of personal 41.32 property used as the home, one motor vehicle of an equity value 41.33 not exceeding $1,500 or the entire equity value of a motor 41.34 vehicle determined to be necessary for the operation of a 41.35 self-employment business, one burial plot for each member of the 41.36 assistance unit, one prepaid burial contract with an equity 42.1 value of no more than $1,000 for each member of the assistance 42.2 unit, clothing and necessary household furniture and equipment 42.3 and other basic maintenance items essential for daily living, in 42.4 accordance with rules promulgated by and standards established 42.5 by the commissioner of human services. 42.6 Sec. 3. Minnesota Statutes 1994, section 256.98, 42.7 subdivision 1, is amended to read: 42.8 Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person 42.9 who obtains, or attempts to obtain, or aids or abets any person 42.10 to obtain by means of a willfully false statement or 42.11 representation, by intentional concealment of a material fact, 42.12 or by impersonation or other fraudulent device, assistance to 42.13 which the person is not entitled or assistance greater than that 42.14 to which the person is entitled, or who knowingly aids or abets 42.15 in buying or in any way disposing of the property of a recipient 42.16 or applicant of assistance without the consent of the county 42.17 agency with intent to defeat the purposes of sections 42.18 256.12, 256.031 to 256.0361, 256.72 to 256.871, and chapter 42.19 256B, or all of these sections is guilty of theft and shall be 42.20 sentenced pursuant to section 609.52, subdivision 3, clauses 42.21 (2), (3)(a) and (c), (4), and (5). 42.22 Sec. 4. Minnesota Statutes 1994, section 256.98, 42.23 subdivision 8, is amended to read: 42.24 Subd. 8. [DISQUALIFICATION FROM PROGRAM.] Any person found 42.25 to be guilty of wrongfully obtaining assistance by a federal or 42.26 state court or by an administrative hearing determination, or 42.27 waiver of such a hearing, through a disqualification consent 42.28 agreement, or as part of any approved diversion plan under 42.29 section 401.065 ineitherthe aid to families with dependent 42.30 children programor, the food stamp program, the Minnesota 42.31 family investment plan, the general assistance or family general 42.32 assistance program, or the Minnesota supplemental aid program 42.33 shall be disqualified from that program. The needs of that 42.34 individual shall not be taken into consideration in determining 42.35 the grant level for that assistance unit: 42.36 (1) for six months after the first offense; 43.1 (2) for 12 months after the second offense; and 43.2 (3) permanently after the third or subsequent offense. 43.3AnyThe periodfor which sanctions are imposed is43.4effective,of program disqualification shall begin on the date 43.5 stipulated on the advance notice of disqualification without 43.6 possibility of postponement for administrative stay,or hearing 43.7 and shall continue through completion unless and until the 43.8 findings upon which the sanctions were imposed are reversed by a 43.9 court of competent jurisdiction. The period for which sanctions 43.10 are imposed is not subject to review. The sanctions provided 43.11 under this subdivision are in addition to, and not in 43.12 substitution for, any other sanctions that may be provided for 43.13 by law for the offense involved. Notwithstanding clauses (1) to 43.14 (3), the disqualification period shall not begin until the 43.15 disqualified individual establishes being otherwise eligible for 43.16 the program which is the subject of the disqualification. 43.17 Sec. 5. Minnesota Statutes 1994, section 256.983, 43.18 subdivision 4, is amended to read: 43.19 Subd. 4. [FUNDING.] (a) Every involved county agency shall 43.20 either have in place or obtain an approved contract which meets 43.21 all federal requirements necessary to obtain enhanced federal 43.22 funding for its welfare fraud control and fraud prevention 43.23 investigation programs. County agency reimbursement shall be 43.24 made through the settlement provisions applicable to the aid to 43.25 families with dependent children and food stamp programs. 43.26 (b) Should a county agency fail to comply with the fraud 43.27 prevention investigation guidelines or fail to meet cost 43.28 effectiveness standards developed by the commissioner for three 43.29 months during any grant year, the commissioner shall deny 43.30 reimbursement after allowing an opportunity to establish 43.31 compliance. This result is contingent on the commissioner's 43.32 providing written notice, including an offer of technical 43.33 assistance, within 30 days of the end of the third or subsequent 43.34 month of noncompliance. The county agency shall be required to 43.35 submit a corrective action plan to the commissioner within 30 43.36 days of receipt of a notice of noncompliance. Failure to submit 44.1 a corrective action plan, or continued deviation from standards 44.2 of more than ten percent after submission of a corrective action 44.3 plan, shall result in denial of funding for each subsequent 44.4 month during the grant year or billing the county agency for 44.5 fraud prevention investigation (FPI) service provided by the 44.6 commissioner. The denial of funding shall apply to the general 44.7 settlement received by the county agency on a quarterly basis 44.8 and shall not reduce the grant amount applicable to the FPI 44.9 project. 44.10 Sec. 6. Minnesota Statutes 1994, section 256.983, is 44.11 amended by adding a subdivision to read: 44.12 Subd. 5. [FPI PROGRAM EXPANSION; PILOT PROJECT.] (a) 44.13 Within the limits of available appropriations and to the extent 44.14 either required or authorized by applicable federal regulations, 44.15 the commissioner of human services shall fund a two-year pilot 44.16 project to test the effectiveness of expanding the Fraud 44.17 Prevention Investigation (FPI) Program to all remaining counties 44.18 regardless of county AFDC case load size. Investigative staff 44.19 shall be required to provide FPI services to financial 44.20 assistance staff in all counties within FPI districts 44.21 established by the commissioner. 44.22 (b) FPI district services providers shall be selected based 44.23 on responses to requests for proposals issued by the 44.24 commissioner. If proposals are not submitted or do not meet 44.25 standards set forth in the request for proposal, the 44.26 commissioner may provide or contract for FPI district service 44.27 providers. Nothing in this initiative shall preclude existing 44.28 counties currently operating an FPI program from submitting 44.29 proposals to become district service providers. 44.30 (c) County agency financial assistance staff assigned to 44.31 each FPI district shall comply with FPI program operational 44.32 guidelines as set forth by the commissioner in section 256.986, 44.33 subdivisions 1 to 4. 44.34 (d) Optionally, qualifying counties may apply for funding 44.35 under section 256.986 to operate an FPI program pursuant to 44.36 section 256.983. 45.1 Sec. 7. [256.986] [PROGRAM INTEGRITY REINVESTMENT 45.2 PROJECT.] 45.3 Subdivision 1. [PROGRAM ESTABLISHED.] Within the limits of 45.4 available state and federal appropriations, and to the extent 45.5 required or authorized by applicable federal regulations, the 45.6 commissioner of human services shall make funding available to 45.7 county agencies for the establishment of program integrity 45.8 reinvestment initiatives. The project shall initially be 45.9 limited to those county agencies participating in federally 45.10 funded optional fraud control programs as of January 1, 1995. 45.11 Subd. 2. [COUNTY PROPOSALS.] Each included county shall 45.12 develop and submit annual funding, staffing, and operating grant 45.13 proposals to the commissioner no later than April 30 of each 45.14 year. For the first operating year only, the proposal shall be 45.15 submitted no later than October 30. Each proposal shall 45.16 include, but is not limited to: (1) the staffing and funding of 45.17 the fraud investigation and prosecution operations; (2) job 45.18 descriptions for agency fraud control staff; (3) contracts 45.19 covering outside investigative agencies; (4) operational methods 45.20 to integrate the use of fraud prevention investigation 45.21 techniques; and (5) administrative disqualification hearings and 45.22 diversions into the existing county fraud control and 45.23 prosecution procedures. 45.24 Subd. 3. [DEPARTMENT RESPONSIBILITIES.] The commissioner 45.25 shall provide written instructions outlining the contents of the 45.26 proposals to be submitted under this section. Instructions 45.27 shall be made available 30 days prior to the date by which 45.28 proposals under subdivision 2 must be submitted. The 45.29 commissioner shall establish training programs which shall be 45.30 attended by fraud control staff of all involved counties. The 45.31 commissioner shall also develop the necessary operational 45.32 guidelines, forms, and reporting mechanisms which shall be used 45.33 by the involved counties. 45.34 Subd. 4. [STANDARDS.] The commissioner shall establish 45.35 standards governing the performance levels of involved county 45.36 investigative units based on grant agreements negotiated with 46.1 the involved county agencies. The standards shall take into 46.2 consideration and may include investigative caseloads, grant 46.3 savings levels, the comparison of fraud prevention and 46.4 prosecution directed investigations, utilization levels of 46.5 administrative disqualification hearings, the timely reporting 46.6 and implementation of disqualifications, and the timeliness of 46.7 prosecutorial required reports. 46.8 Subd. 5. [FUNDING.] (a) Grant funds are intended to help 46.9 offset the reduction in federal financial participation to 50 46.10 percent and may be apportioned to the participating counties 46.11 whenever feasible, and within the commissioner's discretion, to 46.12 achieve this goal. State funding shall be made available upon 46.13 approval of the grant proposal. Failure or delay in obtaining 46.14 that approval shall not, however, eliminate the obligation to 46.15 maintain fraud control efforts at the January 1, 1995, level. 46.16 Additional counties may be added to the project to the extent 46.17 that funds are subsequently made available. Every involved 46.18 county must meet all federal requirements necessary to obtain 46.19 federal funding for its welfare fraud control and prevention 46.20 programs. County agency reimbursement shall be made through the 46.21 settlement provisions applicable to the AFDC and food stamp 46.22 programs. 46.23 (b) Should a county agency fail to comply with the 46.24 standards set, or fail to meet cost effectiveness standards 46.25 developed by the commissioner for three months during any grant 46.26 year, the commissioner shall deny reimbursement after allowing 46.27 an opportunity to establish compliance. 46.28 (c) Any denial of reimbursement under paragraph (b) is 46.29 contingent on the commissioner's providing written notice, 46.30 including an offer of technical assistance, within 30 days of 46.31 the end of the third or subsequent months of noncompliance. The 46.32 county agency shall be required to submit a corrective action 46.33 plan to the commissioner within 30 days of receipt of a notice 46.34 of noncompliance. Failure to submit a corrective action plan or 46.35 continued deviation from standards of more than ten percent 46.36 after submission of corrective action plan, will result in 47.1 denial of funding for each such month during the grant year, or 47.2 billing the county agency for program integrity reinvestment 47.3 project services provided by the commissioner. The denial of 47.4 funding shall apply to the general settlement received by the 47.5 county agency on a quarterly basis and shall not reduce the 47.6 grant amount applicable to the program integrity reinvestment 47.7 project. 47.8 Sec. 8. Minnesota Statutes 1994, section 393.07, 47.9 subdivision 10, is amended to read: 47.10 Subd. 10. [FEDERAL FOOD STAMP PROGRAM.] (a) The local 47.11 social services agency shall establish and administer the food 47.12 stamp program pursuant to rules of the commissioner of human 47.13 services, the supervision of the commissioner as specified in 47.14 section 256.01, and all federal laws and regulations. The 47.15 commissioner of human services shall monitor food stamp program 47.16 delivery on an ongoing basis to ensure that each county complies 47.17 with federal laws and regulations. Program requirements to be 47.18 monitored include, but are not limited to, number of 47.19 applications, number of approvals, number of cases pending, 47.20 length of time required to process each application and deliver 47.21 benefits, number of applicants eligible for expedited issuance, 47.22 length of time required to process and deliver expedited 47.23 issuance, number of terminations and reasons for terminations, 47.24 client profiles by age, household composition and income level 47.25 and sources, and the use of phone certification and home 47.26 visits. The commissioner shall determine the county-by-county 47.27 and statewide participation rate. 47.28 (b) On July 1 of each year, the commissioner of human 47.29 services shall determine a statewide and county-by-county food 47.30 stamp program participation rate. The commissioner may 47.31 designate a different agency to administer the food stamp 47.32 program in a county if the agency administering the program 47.33 fails to increase the food stamp program participation rate 47.34 among families or eligible individuals, or comply with all 47.35 federal laws and regulations governing the food stamp program. 47.36 The commissioner shall review agency performance annually to 48.1 determine compliance with this paragraph. 48.2 (c) A person who commits any of the following acts has 48.3 violated section 256.98 or 609.821, or both, and is subject to 48.4 both the criminal and civil penalties provided under those 48.5 sections: 48.6 (1) obtains or attempts to obtain, or aids or abets any 48.7 person to obtain by means of a willfully false statement or 48.8 representation, or intentional concealment of a material fact, 48.9 food stamps to which the person is not entitled or in an amount 48.10 greater than that to which that person is entitled; or 48.11 (2) presents or causes to be presented, coupons for payment 48.12 or redemption knowing them to have been received, transferred or 48.13 used in a manner contrary to existing state or federal law; 48.14 (3) willfully uses, possesses, or transfers food stamp 48.15 coupons or authorization to purchase cards in any manner 48.16 contrary to existing state or federal law, rules, or 48.17 regulations; or 48.18 (4) buys or sells food stamp coupons, authorization to 48.19 purchase cards or other assistance transaction devices for cash 48.20 or consideration other than eligible food. 48.21 (d) A peace officer or welfare fraud investigator may 48.22 confiscate food stamps, authorization to purchase cards, or 48.23 other assistance transaction devices found in the possession of 48.24 any person who is neither a recipient of the food stamp program 48.25 nor otherwise authorized to possess and use such materials. 48.26 Confiscated property shall be disposed of as the commissioner 48.27 may direct and consistent with state and federal food stamp 48.28 law. The confiscated property must be retained for a period of 48.29 not less than 30 days to allow any affected person to appeal the 48.30 confiscation under section 256.045. 48.31 (e) Food stamp claims which are due in whole or in part to 48.32 client error shall be established by the county agency for a 48.33 period of six years from the date of any resultant overpayment. 48.34 (f) With regard to the federal tax revenue offset program 48.35 only, recovery incentives authorized by the federal food and 48.36 nutrition service shall be retained at the rate of 50 percent by 49.1 the state agency and 50 percent by the certifying county agency. 49.2 Sec. 9. Minnesota Statutes 1994, section 524.6-207, is 49.3 amended to read: 49.4 524.6-207 [RIGHTS OF CREDITORS.] 49.5 No multiple-party account will be effective against an 49.6 estate of a deceased party to transfer to a survivor sums needed 49.7 to pay debts, taxes, and expenses of administration, including 49.8 statutory allowances to the surviving spouse, minor children and 49.9 dependent children, if other assets of the estate are 49.10 insufficient, to the extent the deceased party is the source of 49.11 the funds or beneficial owner. A surviving party or P.O.D. 49.12 payee who receives payment from a multiple-party account after 49.13 the death of a deceased party shall be liable to account to the 49.14 deceased party's personal representative or a county agency with 49.15 a claim authorized by section 256B.15 for amounts the decedent 49.16 owned beneficially immediately before death to the extent 49.17 necessary to discharge any such claims and charges remaining 49.18 unpaid after the application of the assets of the decedent's 49.19 estate. No proceeding to assert this liability shall be 49.20 commenced unless the personal representative or a county agency 49.21 with a claim authorized by section 256B.15 has received a 49.22 written demand by a surviving spouse, a creditor or one acting 49.23 for a minor dependent child of the decedent, and no proceeding 49.24 shall be commenced later than two years following the death of 49.25 the decedent. Sums recovered by the personal representative or 49.26 a county agency with a claim authorized by section 256B.15 shall 49.27 be administered as part of the decedent's estate. This section 49.28 shall not affect the right of a financial institution to make 49.29 payment on multiple-party accounts according to the terms 49.30 thereof, or make it liable to the estate of a deceased party 49.31 unless, before payment, the institution has been served with 49.32 process in a proceeding by the personal representative or a 49.33 county agency with a claim authorized by section 256B.15. 49.34 Sec. 10. Minnesota Statutes 1994, section 550.37, 49.35 subdivision 14, is amended to read: 49.36 Subd. 14. [PUBLIC ASSISTANCE.] All relief based on need, 50.1 and the earnings or salary of a person who is a recipient of 50.2 relief based on need, shall be exempt from all claims of 50.3 creditors including any contractual setoff or security interest 50.4 asserted by a financial institution. For the purposes of this 50.5 chapter, relief based on need includes AFDC, general assistance 50.6 medical care, supplemental security income, medical assistance, 50.7 Minnesota supplemental assistance, and general assistance. The 50.8 salary or earnings of any debtor who is or has beenaan 50.9 eligible recipient of relief based on need, or an inmate of a 50.10 correctional institution shall, upon the debtor's return to 50.11 private employment or farming after having beenaan eligible 50.12 recipient of relief based on need, or an inmate of a 50.13 correctional institution, be exempt from attachment, 50.14 garnishment, or levy of execution for a period of six months 50.15 after the debtor's return to employment or farming and after all 50.16 public assistance for which eligibility existed has been 50.17 terminated. The exemption provisions contained in this 50.18 subdivision also apply for 60 days after deposit in any 50.19 financial institution, whether in a single or joint account. In 50.20 tracing the funds, the first-in first-out method of accounting 50.21 shall be used. The burden of establishing that funds are exempt 50.22 rests upon the debtor. Agencies distributing relief and the 50.23 correctional institutions shall, at the request of creditors, 50.24 inform them whether or not any debtor has beenaan eligible 50.25 recipient of relief based on need, or an inmate of a 50.26 correctional institution, within the preceding six months. 50.27 Sec. 11. [EFFECTIVE DATE.] 50.28 Sections 1 to 10 (256.034, subdivision 1; 256.73, 50.29 subdivision 2; 256.98, subdivisions 1 and 8; 256.983, 50.30 subdivisions 4 and 5; 256.986; 393.07, subdivision 10; 50.31 524.6-207; 550.37, subdivision 14) are effective July 1, 1995. 50.32 ARTICLE 4 50.33 CHILD SUPPORT 50.34 Section 1. Minnesota Statutes 1994, section 256.978, 50.35 subdivision 1, is amended to read: 50.36 Subdivision 1. [REQUEST FOR INFORMATION.] The commissioner 51.1 of human services, in order to locate a person to establish 51.2 paternity, child support, or to enforce a child support 51.3 obligation in arrears, may request information reasonably 51.4 necessary to the inquiry from the records of all departments, 51.5 boards, bureaus, or other agencies of this state, which shall, 51.6 notwithstanding the provisions of section 268.12, subdivision 51.7 12, or any other law to the contrary, provide the information 51.8 necessary for this purpose. Employers, utility companies, 51.9 insurance companies, financial institutions, and labor 51.10 associations doing business in this state shall provide 51.11 information as provided under subdivision 2 upon written request 51.12 by an agency responsible for child support enforcement regarding 51.13 individuals owing or allegedly owing a duty to support within 30 51.14 days of the receipt of the written request made by the public 51.15 authority. Information requested and used or transmitted by the 51.16 commissioner pursuant to the authority conferred by this section 51.17 may be made available only to public officials and agencies of 51.18 this state and its political subdivisions and other states of 51.19 the union and their political subdivisions who are seeking to 51.20 enforce the support liability of parents or to locate parents. 51.21 The commissioner may not release the information to an agency or 51.22 political subdivision of another state unless the agency or 51.23 political subdivision is directed to maintain the data 51.24 consistent with its classification in this state. Information 51.25 obtained under this section may not be released except to the 51.26 extent necessary for the administration of the child support 51.27 enforcement program or when otherwise authorized by law. 51.28 Sec. 2. Minnesota Statutes 1994, section 518.171, 51.29 subdivision 2a, is amended to read: 51.30 Subd. 2a. [EMPLOYER AND OBLIGORNOTICERESPONSIBILITY.]If51.31an individual is hired for employment, the employer shall51.32request that the individual disclose whether the individual has51.33court-ordered medical support obligations that are required by51.34law to be withheld from income and the terms of the court order,51.35if any. The employer shall request that the individual disclose51.36whether the individual has been ordered by a court to provide52.1health and dental dependent insurance coverage. TheAn 52.2 individual shall disclosethis informationat the time of 52.3 hiring. If an individual discloses thatif medical support is 52.4 required to be withheld, the. If an employee discloses that 52.5 medical support is required to be withheld, an employer shall 52.6 begin withholding according to the terms of the order and 52.7 pursuant to section 518.611, subdivision 8. If an individual 52.8 discloses an obligation to obtain health and dental dependent 52.9 insurance coverage and coverage is available through the 52.10 employer, the employer shall make all application processes 52.11 known to the individual upon hiring and enroll the employee and 52.12 dependent in the plan pursuant to subdivision 3. 52.13 Sec. 3. [518.5512] [EMPLOYEE REGISTRY; DEFINITIONS.] 52.14 Subdivision 1. [SCOPE.] For the purposes of an employee 52.15 registry established under sections 518.5512 to 518.5514, the 52.16 following terms have the meanings given. 52.17 Subd. 2. [COMMISSIONER.] "Commissioner" means the 52.18 commissioner of human services. 52.19 Subd. 3. [COMPENSATION.] "Compensation" means payment owed 52.20 by the payor of funds for labor or services rendered by an 52.21 employee or contractor. 52.22 Subd. 4. [CONTRACTOR.] "Contractor" means a person who is 52.23 hired for compensation by a Minnesota business and is not 52.24 defined as an employee. An independent contractor is a person 52.25 who contracts with another to provide a service, and is not 52.26 controlled by the other, nor subject to the other's right to 52.27 control the person's conduct in the performance of the 52.28 undertaking. 52.29 Subd. 5. [DATE OF HIRE.] "Date of hire" means the earlier 52.30 of: 52.31 (1) the first day for which the employee or contractor is 52.32 owed compensation by the payor of funds; or 52.33 (2) the first day that an employee or contractor reports to 52.34 work or performs labor or services for the payor of funds. 52.35 Subd. 6. [DATE OF REHIRE.] "Date of rehire" means the 52.36 earlier of: 53.1 (1) the first day for which the employee or contractor is 53.2 owed compensation by the payor of funds following an unpaid 53.3 absence of a minimum of six consecutive weeks; or 53.4 (2) the first day that an employee or contractor reports to 53.5 work or performs labor or services for the payor of funds 53.6 following an unpaid absence of a minimum of six consecutive 53.7 weeks. 53.8 Subd. 7. [EMPLOYEE.] "Employee" means a person who is 53.9 employed by a Minnesota employer. 53.10 Subd. 8. [EMPLOYER.] "Employer" means an employing entity 53.11 that employs an employee for compensation and withholds taxes 53.12 from the employee's compensation. 53.13 Subd. 9. [PAYOR OF FUNDS.] "Payor of funds" for the 53.14 purposes of this section, means an employer, or a person or an 53.15 entity who engages a contractor for compensation. 53.16 Sec. 4. [518.5513] [REPORTING REQUIREMENTS.] 53.17 Subdivision 1. [EMPLOYER REPORTING REQUIREMENTS.] The 53.18 commissioner shall establish and maintain a centralized employee 53.19 registry for the purpose of receiving and maintaining 53.20 information from employers on newly hired or rehired employees. 53.21 (a) An employer who hires or rehires an employee shall 53.22 report all of the following to the employee registry within 14 53.23 calendar days of the hiring or rehiring of an employee: 53.24 (1) the employer's name, address, and federal 53.25 identification number; 53.26 (2) the employee's name, address, social security number, 53.27 and date of birth; and 53.28 (3) whether the payroll of the employer is prepared at the 53.29 address of the employer or at a separate location, and the 53.30 address of the separate location, if applicable. 53.31 (b) Employers shall report to the commissioner by: 53.32 (1) submitting a copy of the employee's W-4 form by mail or 53.33 telefax; 53.34 (2) electronic media in a format approved by the 53.35 commissioner in advance of submission; or 53.36 (3) by any other means authorized by the department. 54.1 (c) Information reported under this section shall be 54.2 maintained as provided in section 518.5514. 54.3 (d) An employer who fails to report as required under this 54.4 section is subject to penalties as provided in subdivision 3. 54.5 Subd. 2. [PAYOR OF FUNDS REPORTING REQUIREMENTS.] (a) The 54.6 commissioner shall establish a centralized employee registry for 54.7 the purpose of receiving and maintaining information from payors 54.8 of funds on newly hired or rehired contractors. 54.9 (b) A payor of funds who engages a contractor shall report 54.10 all of the following to the registry within 14 days of hiring or 54.11 rehiring the contractor: 54.12 (1) the name, address, and federal identification number of 54.13 the payor of funds; and 54.14 (2) the contractor's name, address, social security number, 54.15 and if known, the contractor's date of birth. 54.16 (c) A payor of funds shall report the information required 54.17 under paragraph (b), by any written or electronic means 54.18 authorized by the commissioner. 54.19 (d) Information reported under this section shall be 54.20 maintained as provided in section 518.5514. 54.21 (e) A payor of funds who fails to report is subject to 54.22 penalties as provided in subdivision 3. 54.23 Subd. 3. [PENALTIES.] An employer or payor of funds who 54.24 fails to report as required under this section shall be given a 54.25 written warning from the commissioner for the first violation. 54.26 A second violation shall be subject to a civil penalty of up to 54.27 $50. Further violations shall be subject to a civil penalty of 54.28 up to $500. All violations within a single month shall be 54.29 considered a single violation for purposes of assessing a 54.30 penalty. Penalties may be imposed and collected by the 54.31 department. 54.32 Sec. 5. [518.5514] [USAGE OF EMPLOYEE REGISTRY.] 54.33 (a) The records of the employee registry are confidential 54.34 records under chapter 13 and may be accessed by county, state, 54.35 or federal agencies as provided in this section. When a county, 54.36 state, or federal agency accesses information in the registry, 55.1 the agency may use the information to update its own records. 55.2 Access to and use of the information contained in the registry 55.3 shall be limited to the following: 55.4 (1) the county, state, or federal public authority 55.5 responsible for the administration of the child support 55.6 enforcement program for use related to locating, establishing, 55.7 and enforcing child and medical support obligations and other 55.8 services; 55.9 (2) state agencies which utilize information from payors of 55.10 funds for determination of eligibility or calculation of 55.11 payments for benefit or entitlement payments; and 55.12 (3) state agencies which utilize payors of funds 55.13 information for recoupment of debts to the state. 55.14 (b) The registry shall maintain the information received 55.15 from payors of funds for a period up to six months. 55.16 Sec. 6. [518.5515] [COMMISSIONER'S DUTY.] 55.17 The commissioner is authorized to contract for services to 55.18 carry out the purposes of sections 518.5512 to 518.5514. 55.19 The commissioner may collect fees from county, state, or 55.20 federal agencies for the purposes of section 518.5514. 55.21 Sec. 7. Minnesota Statutes 1994, section 518.575, is 55.22 amended to read: 55.23 518.575 [PUBLICATION OF NAMES OF DELINQUENT CHILD SUPPORT 55.24 OBLIGORS.] 55.25Every three monthsAt least once each year, thedepartment55.26 commissioner of human services shall publishin the newspaper of55.27widest circulation in each countya list of the names and last 55.28 known addresses of each person who (1) is a child support 55.29 obligor, (2)resides in the county, (3)is at least $3,000 in 55.30 arrears, and(4)(3) has not made a child support payment, or55.31has made only partial child support payments that total less55.32than 25 percent of the amount of child support owed, for the55.33last 12 months includingin the preceding six months, excluding 55.34 any payments made through the interception of federal or state 55.35 taxes.The rate charged for publication shall be the55.36newspaper's lowest classified display rate, including all56.1available discounts.The commissioner of human services shall 56.2 determine the manner of publication. An obligor's name may not 56.3 be published if the obligor claims in writing, and 56.4 thedepartmentcommissioner of human services determines, there 56.5 is good cause for the nonpayment of child support. Good cause 56.6 includes the following: (i) there is a mistake in the obligor's 56.7 identity or the amount of the obligor's arrears; (ii) the 56.8 obligor receives public assistance under sections 256.031 to 56.9 256.0361 and 256.72 to 256.87; or (iii) the obligor has filed 56.10 bankruptcy, arrears are reserved by the court, or there is a 56.11 pending legal action concerning the unpaid child support. The 56.12 list must be based on the best information available to the 56.13 state at the time of publication. 56.14 Before publishing the name of the obligor, the department 56.15 of human services shall send a notice to the obligor's last 56.16 known address which states the department's intention to publish 56.17 the obligor's name and the amount of child support the obligor 56.18 owes. The notice must also provide an opportunity to have the 56.19 obligor's name removed from the list by paying the arrearage or 56.20 by entering into an agreement to pay the arrearage, and the 56.21 final date when the payment or agreement can be accepted. 56.22 The department of human services shall insert with the 56.23 notices sent to the obligee, a notice stating the intent to 56.24 publish the obligor's name, and the criteria used to determine 56.25 the publication of the obligor's name. 56.26 Sec. 8. Minnesota Statutes 1994, section 518.611, 56.27 subdivision 1, is amended to read: 56.28 Subdivision 1. [ORDER.] Whenever an obligation for support 56.29 of a dependent child or maintenance of a spouse, or both, is 56.30 determined and ordered by a court of this state, the amount of 56.31 child support or maintenance as determined by court order must 56.32 be withheld from the income, regardless of source, of the person 56.33 obligated to pay the support or maintenance, and paid through 56.34 the public authority. The court shall provide a copy of any 56.35 order where withholding is ordered to the public authority 56.36 responsible for support collections. Every order for 57.1 maintenance or support must include: 57.2 (1) the obligor's social security number and date of birth 57.3 and the name and address of the obligor's employer or other 57.4 payor of funds; and 57.5 (2) provisions for the obligor to keep the public authority 57.6 informed of the name and address of the obligor's current 57.7 employer or payor of funds, and whether the obligor has access 57.8 to employment-related health insurance coverage and, if so, the 57.9 health insurance policy information. 57.10 Sec. 9. Minnesota Statutes 1994, section 518.611, 57.11 subdivision 2, is amended to read: 57.12 Subd. 2. [CONDITIONS OF INCOME WITHHOLDING.] (a) 57.13 Withholding shall result when: 57.14 (1) the obligor requests it in writing to the public 57.15 authority; 57.16 (2) the custodial parent requests it by making a motion to 57.17 the court; or 57.18 (3) the obligor fails to make the maintenance or support 57.19 payments, and the following conditions are met: 57.20 (i) the obligor is at least 30 days in arrears; 57.21 (ii) the obligee or the public authority serves written 57.22 notice of income withholding, showing arrearage, on the obligor 57.23 at least 15 days before service of the notice of income 57.24 withholding and a copy of the court's order on the payor of 57.25 funds; 57.26 (iii) within the 15-day period, the obligor fails to move 57.27 the court to deny withholding on the grounds that an arrearage 57.28 of at least 30 days does not exist as of the date of the notice 57.29 of income withholding, or on other grounds limited to mistakes 57.30 of fact, and, ex parte, to stay service on the payor of funds 57.31 until the motion to deny withholding is heard; 57.32 (iv) the obligee or the public authorityserves a copy of57.33the notice of income withholding, a copy of the court's order or57.34notice of order,sends the payor of funds a notice of the 57.35 withholding requirements and the provisions of this sectionon57.36the payor of funds; and 58.1 (v) the obligee serves on the public authority a copy of 58.2 the notice of income withholding, a copy of the court's order, 58.3 an application, and the fee to use the public authority's 58.4 collection services. 58.5 For those persons not applying for the public authority's IV-D 58.6 services, a monthly service fee of $15 must be charged to the 58.7 obligor in addition to the amount of child support ordered by 58.8 the court and withheld through automatic income withholding, or 58.9 for persons applying for the public authority's IV-D services, 58.10 the service fee under section 518.551, subdivision 7, applies. 58.11 The county agency shall explain to affected persons the services 58.12 available and encourage the applicant to apply for IV-D services. 58.13 (b)To pay the arrearage specified in the notice of income58.14withholding,The employer or payor of funds shall withhold from 58.15 the obligor's income an additional amount equal to 20 percent of 58.16 the monthly child support or maintenance obligation until the 58.17 arrearage is paid. 58.18 (c) The obligor may move the court, under section 518.64, 58.19 to modify the order respecting the amount of maintenance or 58.20 support. 58.21 (d) Every order for support or maintenance shall provide 58.22 for a conspicuous notice of the provisions of this subdivision 58.23 that complies with section 518.68, subdivision 2. An order 58.24 without this notice remains subject to this subdivision. 58.25 (e) Absent a court order to the contrary, if an arrearage 58.26 exists at the time an order for ongoing support or maintenance 58.27 would otherwise terminate, income withholding shall continue in 58.28 effect in an amount equal to the former support or maintenance 58.29 obligation plus an additional amount equal to 20 percent of the 58.30 monthly child support obligation, until all arrears have been 58.31 paid in full. 58.32 Sec. 10. Minnesota Statutes 1994, section 518.611, 58.33 subdivision 8a, is amended to read: 58.34 Subd. 8a. [LUMP SUM PAYMENTS.](a) Upon theBefore 58.35 transmittalof the last reimbursement paymentto theemployee,58.36whereobligor of a lump sum payment including, but not limited 59.1 to, severance pay, accumulated sick payor, vacation payis paid59.2upon termination of employment, and where the employee is in59.3arrears in making court ordered child support payments, the59.4employer shall withhold an amount which is the lesser of (1) the59.5amount in arrears or (2) that portion of the arrearages which is59.6the product of the obligor's monthly court ordered support59.7amount multiplied by the number of months of net income that the59.8lump sum payment represents.59.9(b)bonuses, commissions, or other pay or benefits, an 59.10 employer, trustee, or other payor of funds who has been served 59.11 with a notice of income withholding under subdivision 2 or 59.12 section 518.613 must: 59.13 (1) notify the public authority of any lump sum payment of 59.14 $500 or more that is to be paid to the obligor; 59.15 (2) hold the lump sum payment for 30 days after the date on 59.16 which the lump sum payment would otherwise have been paid to the 59.17 obligor, notwithstanding sections 181.08, 181.101, 181.11, 59.18 181.13, and 181.145; and 59.19 (3) upon order of the court, pay any specified amount of 59.20 the lump sum payment to the public authority for future support.59.21 or reimbursement of support judgment, judgments, or arrearages; 59.22 or 59.23 (4) upon service by United States mail of a sworn affidavit 59.24 from the public authority or a court order stating: 59.25 (i) that a judgment entered pursuant to section 548.091, 59.26 subdivision 1a, exists against the obligor, or that other 59.27 support arrearages exist; 59.28 (ii) that a portion of the judgment, judgments, or 59.29 arrearages remains unpaid; and 59.30 (iii) the current balance of the judgment, judgments, or 59.31 arrearages, the payor of funds shall pay to the public authority 59.32 the lesser of the amount of the lump sum payment or the total 59.33 amount of judgments plus arrearages as stated in affidavit or 59.34 court order subject to the limits imposed under the consumer 59.35 credit protection act. 59.36 Sec. 11. Minnesota Statutes 1994, section 518.613, 60.1 subdivision 1, is amended to read: 60.2 Subdivision 1. [GENERAL.] Notwithstanding any provision of 60.3 section 518.611, subdivision 2 or 3, to the contrary, whenever 60.4 an obligation for child support or maintenance, enforced by the 60.5 public authority, is initially determined and ordered or 60.6 modified by the courtin a county in which this section applies, 60.7 the amount of child support or maintenance ordered by the court 60.8 and any fees assessed by the public authority responsible for 60.9 child support enforcement must be withheld from the income and 60.10 forwarded to the public authority, regardless of the source of 60.11 income, of the person obligated to pay the support. 60.12 Sec. 12. Minnesota Statutes 1994, section 518.613, 60.13 subdivision 2, is amended to read: 60.14 Subd. 2. [ORDER; COLLECTION SERVICES.] Every order for 60.15 child support must include the obligor's social security number 60.16 and date of birth and the name and address of the obligor's 60.17 employer or other payor of funds. In addition, every order must 60.18 contain provisions requiring the obligor to keep the public 60.19 authority informed of the name and address of the obligor's 60.20 current employer, or other payor of funds and whether the 60.21 obligor has access to employment-related health insurance 60.22 coverage and, if so, the health insurance policy information. 60.23 Upon entry of the order for support or maintenance, the court 60.24 shallmail a copy of the court's automatic income withholding60.25order and the provisions of section 518.611 and this section to60.26the obligor's employer or other payor of funds andprovide a 60.27 copy of the withholding order to the public authority 60.28 responsible for child support enforcement. An obligee who is 60.29 not a recipient of public assistance must decide to either apply 60.30 for the IV-D collection services of the public authority or 60.31 obtain income withholding only services when an order for 60.32 support is entered unless the requirements of this section have 60.33 been waived under subdivision 7. The supreme court shall 60.34 develop a standard automatic income withholding form to be used 60.35 by all Minnesota courts. This form shall be made a part of any 60.36 order for support or decree by reference. 61.1 Sec. 13. Minnesota Statutes 1994, section 518.614, 61.2 subdivision 1, is amended to read: 61.3 Subdivision 1. [STAY OF SERVICE.] If the court finds there 61.4 is no arrearage in child support or maintenance as of the date 61.5 of the court hearing, the court shall stay service of the order 61.6 under section 518.613, subdivision 2,in a county in which that61.7section appliesif the obligor establishes a savings account for 61.8 a sum equal to two months of the monthly child support or 61.9 maintenance obligation and provides proof of the establishment 61.10 to the court and the public authority on or before the day of 61.11 the court hearing determining the obligation. This sum must be 61.12 held in a financial institution in an interest-bearing account 61.13 with only the public authority authorized as drawer of funds. 61.14 Proof of the establishment must include the financial 61.15 institution name and address, account number, and the amount of 61.16 deposit. 61.17 Sec. 14. [518.5851] [CHILD SUPPORT PAYMENT CENTER; 61.18 DEFINITIONS.] 61.19 Subdivision 1. [SCOPE.] For the purposes of a child 61.20 support center established under sections 518.5851 to 518.5853, 61.21 the following terms have the meanings given. 61.22 Subd. 2. [LOCAL CHILD SUPPORT AGENCY.] "Local child 61.23 support agency" means the entity, at the county level, 61.24 responsible for providing child support enforcement services. 61.25 Subd. 3. [PAYMENT.] "Payment" means the payment of child 61.26 support, medical support, maintenance, and related payments 61.27 required by order of a tribunal, voluntary support, or statutory 61.28 fees. 61.29 Subd. 4. [TRIBUNAL.] "Tribunal" has the meaning given in 61.30 section 518C.101. 61.31 Sec. 15. [518.5852] [CENTRAL COLLECTIONS UNIT.] 61.32 The commissioner of human services is directed to create 61.33 and maintain a central collections unit for the purpose of 61.34 receiving, processing, and disbursing payments, and for 61.35 maintaining a record of payments, in all cases in which: 61.36 (1) the state or county is a party; 62.1 (2) the state or county provides child support enforcement 62.2 services to a party; or 62.3 (3) payment is collected through income withholding. 62.4 The commissioner of human services is authorized to 62.5 contract for services to carry out these provisions. 62.6 Sec. 16. [518.5853] [MANDATORY PAYMENT OF OBLIGATIONS TO 62.7 CENTRAL COLLECTIONS UNIT.] 62.8 Subdivision 1. [LOCATION OF PAYMENT.] All payments shall 62.9 be made to the central collections unit in section 518.5852. 62.10 Subd. 2. [AGENCY DESIGNATION OF LOCATION.] Each local 62.11 child support agency shall provide a location within the agency 62.12 to receive payments. A local agency receiving a payment shall 62.13 transmit the funds to the central collections unit within one 62.14 working day of receipt of the payment. 62.15 Subd. 3. [INCENTIVES.] Notwithstanding any rule to the 62.16 contrary, incentives shall be paid to the county providing 62.17 services and maintaining the case to which the payment is 62.18 applied. Incentive payments awarded for the collection of child 62.19 support shall be based solely upon payments processed by the 62.20 central collections unit in section 518.5852. 62.21 Subd. 4. [ELECTRONIC TRANSFER OF FUNDS.] The central 62.22 collections unit may engage in the electronic transfer of funds 62.23 for the receipt and disbursement of funds. 62.24 Subd. 5. [REQUIRED CONTENT OF ORDER.] A tribunal issuing 62.25 an order that establishes or modifies a payment shall issue an 62.26 income withholding order in conformity with section 518.613, 62.27 subdivision 2. The automatic income withholding order shall 62.28 include the name of the obligor, the obligor's social security 62.29 number, the obligor's date of birth, and the name and address of 62.30 the obligor's employer. Both the street mailing address and the 62.31 electronic mail address for the central collections unit shall 62.32 be included in each automatic income withholding order issued by 62.33 a tribunal. 62.34 Subd. 6. [TRANSMITTAL OF ORDER TO THE LOCAL AGENCY BY THE 62.35 TRIBUNAL.] The tribunal shall transmit a copy of the order 62.36 establishing or modifying the payment, and a copy of the 63.1 automatic income withholding order, to the local child support 63.2 agency within two working days of the approval of the order by 63.3 the judge or administrative law judge, or other person or entity 63.4 authorized to sign the automatic withholding order. 63.5 Subd. 7. [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 63.6 OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 63.7 payor of funds shall identify the obligor on the check or 63.8 remittance by name, payor number, and social security number, 63.9 and shall comply with section 518.611, subdivision 4. 63.10 Subd. 8. [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 63.11 FUNDS.] A notice shall be directed to any person or entity 63.12 submitting a check drawn on insufficient funds stating that 63.13 future payment must be paid by cash or certified funds. The 63.14 central collections unit and the local child support agency are 63.15 authorized to refuse a check from a person or entity that has 63.16 been given notice that payments must be in cash or certified 63.17 funds. 63.18 Subd. 9. [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 63.19 record of payments maintained by the central collections unit in 63.20 section 518.5852 shall be admissible evidence in all tribunals 63.21 as proof of payments made through the central collections unit 63.22 without the need of testimony to prove authenticity. 63.23 Subd. 10. [TRANSITION PROVISIONS.] (a) The commissioner of 63.24 human services shall develop a plan for the implementation of 63.25 the central collections unit. The plan shall require that 63.26 payments be redirected to the central collections unit. 63.27 Payments may be redirected in groups according to county of 63.28 origin, county of payment, method of payment, type of case, or 63.29 any other distinguishing factor designated by the commissioner. 63.30 (b) Notice that payments must be made to the central 63.31 collections unit shall be provided to the obligor, and to the 63.32 payor of funds within 30 days prior to the redirection of 63.33 payments to the central collections unit. After the notice has 63.34 been provided to the obligor or payor of funds, mailed payments 63.35 received by a local child support agency shall be forwarded to 63.36 the central collections unit. A notice shall be sent to the 64.1 obligor or payor of funds stating that payment application may 64.2 be delayed and provide directions to submit future payment to 64.3 the central collections unit. 64.4 Sec. 17. Minnesota Statutes 1994, section 518C.310, is 64.5 amended to read: 64.6 518C.310 [DUTIES OF STATE INFORMATION AGENCY.] 64.7 (a) The unit within the department of human services that 64.8 receives and disseminates incoming interstate actions under 64.9 title IV-D of the Social Security Act from section 518C.02, 64.10 subdivision 1a, is the state information agency under this 64.11 chapter. 64.12 (b) The state information agency shall: 64.13 (1) compile and maintain a current list, including 64.14 addresses, of the tribunals in this state which have 64.15 jurisdiction under this chapter and any support enforcement 64.16 agencies in this state and transmit a copy to the state 64.17 information agency of every other state; 64.18 (2) maintain a register of tribunals and support 64.19 enforcement agencies received from other states; 64.20 (3) forward to the appropriate tribunal in the place in 64.21 this state in which the individual obligee or the obligor 64.22 resides, or in which the obligor's property is believed to be 64.23 located, all documents concerning a proceeding under this 64.24 chapter received from an initiating tribunal or the state 64.25 information agency of the initiating state; and 64.26 (4) obtain information concerning the location of the 64.27 obligor and the obligor's property within this state not exempt 64.28 from execution, by such means as postal verification and federal 64.29 or state locator services, examination of telephone directories, 64.30 requests for the obligor's address from employers, and 64.31 examination of governmental records, including, to the extent 64.32 not prohibited by other law, those relating to real property, 64.33 vital statistics, law enforcement, taxation, motor vehicles, 64.34 driver's licenses, and social security. 64.35 (5) determine which foreign jurisdictions and Indian tribes 64.36 have substantially similar procedures for issuance and 65.1 enforcement of support orders. The state information agency 65.2 will compile and maintain a list, including addresses, of all 65.3 such foreign jurisdictions and Indian tribes. The state 65.4 information agency will make this list available to all state 65.5 tribunals and all support enforcement agencies. 65.6 Sec. 18. Minnesota Statutes 1994, section 548.15, is 65.7 amended to read: 65.8 548.15 [DISCHARGE OF RECORD.] 65.9 Upon the satisfaction of a judgment, whether wholly or in65.10part, or asrelating to all or any of several defendants, the 65.11 court administrator shall enter the satisfaction in the judgment 65.12 roll, and note it, with its date, on the docket. If the 65.13 docketing is upon a transcript from another county, the entry on 65.14 the docket is sufficient. A judgment is satisfied when there is 65.15 filed with the court administrator: 65.16 (1) an execution satisfied, to the extent stated in the 65.17 sheriff's return on it; 65.18 (2) a certificate of satisfaction signed and acknowledged 65.19 by the judgment creditor; 65.20 (3) a like certificate signed and acknowledged by the 65.21 attorney of the creditor, unless that attorney's authority as 65.22 attorney has previously been revoked and an entry of the 65.23 revocation made upon the register; the authority of an attorney 65.24 to satisfy a judgment ceases at the end of six years from its 65.25 entry; 65.26 (4) an order of the court, made on motion, requiring the 65.27 execution of a certificate of satisfaction, or directing 65.28 satisfaction to be entered without it; 65.29 (5) where a judgment is docketed on transcript, a copy of 65.30 either of the foregoing documents, certified by the court 65.31 administrator in which the judgment was originally entered and 65.32 in which the originals were filed. 65.33 A satisfaction made in the name of a partnership is valid 65.34 if executed by a member of it while the partnership continues. 65.35 The judgment creditor, or the creditor's attorney while the 65.36 attorney's authority continues, may also satisfy a judgment of 66.1 record by a brief entry on the register, signed by the creditor 66.2 or the creditor's attorney and dated and witnessed by the court 66.3 administrator, who shall note the satisfaction on the margin of 66.4 the docket. When a judgment is fully satisfiedotherwiseother 66.5 than by return of execution, the judgment creditor or the 66.6 creditor's attorney shall file a certificate of it with the 66.7 court administrator within ten days after the full satisfaction 66.8 or within 30 days of payment in full by check or other 66.9 noncertified funds. 66.10 Sec. 19. Minnesota Statutes 1994, section 609.375, 66.11 subdivision 1, is amended to read: 66.12 Subdivision 1. Whoever is legally obligated to provide 66.13 care and support to a spousewho is in necessitous66.14circumstances,or child, whether or not its custody has been 66.15 granted to another, and knowingly omits and fails without lawful 66.16 excuse to do so is guilty of a misdemeanor, and upon conviction 66.17 may be sentenced to imprisonment for not more than 90 days or to 66.18 payment of a fine of not more than $700, or both. 66.19 Sec. 20. [REPEALER.] 66.20 Minnesota Statutes 1994, section 518.561, is repealed 66.21 effective January 1, 1997. 66.22 Sec. 21. [EFFECTIVE DATE.] 66.23 Sections 1, 7 to 13, and 18 (256.978, subdivision 1; 66.24 518.575; 518.611, subdivision 1; 518.611, subdivision 2; 66.25 518.611, subdivision 8a; 518.613, subdivision 1; 518.613, 66.26 subdivision 2; 518.614, subdivision 1; and 548.15) are effective 66.27 July 1, 1995. 66.28 Sections 2 to 6 (518.171, subdivision 2a; 518.5512; 66.29 518.5513; 518.5514; and 518.5515), and 14 to 16 (518.5851; 66.30 518.5852; and 518.5853) are effective January 1, 1997. 66.31 ARTICLE 5 66.32 MENTAL HEALTH ADMINISTRATION 66.33 Section 1. Minnesota Statutes 1994, section 246.18, 66.34 subdivision 4, is amended to read: 66.35 Subd. 4. [COLLECTIONS DEPOSITED IN THE GENERAL FUND.] 66.36 Except as provided in subdivisions 2and, 5, and 6, all receipts 67.1 from collection efforts for the regional treatment centers, 67.2 state nursing homes, and other state facilities as defined in 67.3 section 246.50, subdivision 3, must be deposited in the general 67.4 fund. The commissioner shall ensure that the departmental 67.5 financial reporting systems and internal accounting procedures 67.6 comply with federal standards for reimbursement for program and 67.7 administrative expenditures and fulfill the purpose of this 67.8 paragraph. 67.9 Sec. 2. Minnesota Statutes 1994, section 246.18, is 67.10 amended by adding a subdivision to read: 67.11 Subd. 6. [COLLECTIONS DEDICATED.] Except for 67.12 state-operated programs and services funded through a direct 67.13 appropriation from the legislature, money received within the 67.14 regional treatment center system for the following 67.15 state-operated services is dedicated to the commissioner for the 67.16 provision of those services: 67.17 (1) community-based residential and day training and 67.18 habilitation services for mentally retarded persons; 67.19 (2) community health clinic services; 67.20 (3) accredited hospital outpatient department services; 67.21 (4) certified rehabilitation agency and rehabilitation 67.22 hospital services; or 67.23 (5) community-based transitional support services for 67.24 adults with serious and persistent mental illness. 67.25 These funds are reappropriated to the commissioner to 67.26 operate the services authorized, and any unexpended balances do 67.27 not cancel but are available until spent. 67.28 Sec. 3. Minnesota Statutes 1994, section 246.23, 67.29 subdivision 2, is amended to read: 67.30 Subd. 2. [CHEMICAL DEPENDENCY TREATMENT.] The commissioner 67.31 shall maintain a regionally based, state-administered system of 67.32 chemical dependency programs. Counties may refer individuals 67.33 who are eligible for services under chapter 254B to the chemical 67.34 dependency units in the regional treatment centers. A 15 67.35 percent county share of the per diem cost of treatment is 67.36 required for individuals served within the treatment capacity 68.1 funded by direct legislative appropriation. By July 1, 1991, 68.2 the commissioner shall establish criteria for admission to the 68.3 chemical dependency units that will maximize federal and private 68.4 funding sources, fully utilize the regional treatment center 68.5 capacity, and make state-funded treatment capacity available to 68.6 counties on an equitable basis. The admission criteria may be 68.7 adopted without rulemaking. Existing rules governing placements 68.8 under chapters 254A and 254B do not apply to admissions to the 68.9 capacity funded by direct appropriation. Private and 68.10 third-party collections and payments are appropriated to the 68.11 commissioner for the operation of the chemical dependency 68.12 units. In addition to the chemical dependency treatment 68.13 capacity funded by direct legislative appropriation, the 68.14 regional treatment centers may provide treatment to additional 68.15 individuals whose treatment is paid for out of the chemical 68.16 dependency consolidated treatment fund under chapter 254B, in 68.17 which case placement rules adopted under chapter 254B 68.18 apply, those who are ineligible but committed for treatment 68.19 under chapter 253B as provided in section 254B.05, subdivision 68.20 4, or through other nonstate payment sources. 68.21 Sec. 4. Minnesota Statutes 1994, section 246.56, is 68.22 amended by adding a subdivision to read: 68.23 Subd. 3. The commissioner of human services need not 68.24 include indirect costs as defined in section 16A.127 in work 68.25 activity contracts for patients of the regional treatment 68.26 centers, and need not reimburse the general fund for indirect 68.27 costs related to work activity programs. 68.28 Sec. 5. Minnesota Statutes 1994, section 254B.05, 68.29 subdivision 4, is amended to read: 68.30 Subd. 4. [REGIONAL TREATMENT CENTERS.] Regional treatment 68.31 center chemical dependency treatment units are eligible 68.32 vendors. The commissioner may expand the capacity of chemical 68.33 dependency treatment units beyond the capacity funded by direct 68.34 legislative appropriation to serve individuals who are referred 68.35 for treatment by counties and whose treatment will be paid for 68.36 with a county's allocation under section 254B.02 or other 69.1 funding sources. Notwithstanding the provisions of sections 69.2 254B.03 to 254B.041, payment for any person committed by a 69.3 county to a regional treatment center under chapter 253B for 69.4 chemical dependency treatment and determined to be ineligible 69.5 under the chemical dependency consolidated treatment fund, shall 69.6 become the responsibility of the county. 69.7 ARTICLE 6 69.8 HOME HEALTH CARE; GROUP RESIDENTIAL HOUSING 69.9 Section 1. Minnesota Statutes 1994, section 256B.0627, 69.10 subdivision 1, is amended to read: 69.11 Subdivision 1. [DEFINITION.] (a) "Home care services" 69.12 means a health service, determined by the commissioner as 69.13 medically necessary, that is ordered by a physician and 69.14 documented in a care plan that is reviewed by the physician at 69.15 least once every 60 days for the provision of home health 69.16 services, or private duty nursing, or at least once every 365 69.17 days for personal care. Home care services are provided to the 69.18 recipient at the recipient's residence that is a place other 69.19 than a hospital or long-term care facility or as specified in 69.20 section 256B.0625. 69.21 (b) "Medically necessary" has the meaning given in 69.22 Minnesota Rules, parts 9505.0170 to 9505.0475. 69.23 (c) "Care plan" means a written description of the services 69.24 needed which is developed by thesupervisory nursecounty public 69.25 health nurse together with the recipient or responsible party 69.26 and includes a detailed description of the covered home care 69.27 services,who is providing the services,frequency and duration 69.28 of services, and expected outcomes and goals. Theprovider must69.29give the recipient or responsible partyrecipient or the 69.30 responsible party and the recipient's choice of provider must be 69.31 given a copy of the completed care plan within 30 calendar days 69.32 ofbeginningthe assessment of need for home care services. 69.33 (d) "Responsible party" means an individual residing with a 69.34 recipient of personal care services who is capable of providing 69.35 the supportive care necessary to assist the recipient to live in 69.36 the community, is at least 18 years old, and is notathe 70.1 recipient's personal care assistant. Responsible parties who 70.2 are parents of minors or guardians of minors or incapacitated 70.3 persons may delegate the responsibility to another adult during 70.4 a temporary absence of at least 24 hours but not more than six 70.5 months. The person delegated as a responsible party must be 70.6 able to meet the definition of responsible party, except that 70.7 the delegated responsible party is required to reside with the 70.8 recipient only while serving as the responsible party. Foster 70.9 care license holders may be designated the responsible party for 70.10 residents of the foster care home if case management is provided 70.11 as required in section 256B.0625, subdivision 19a. For persons 70.12 who, as of April 1, 1992,are sharing personal care services in 70.13 order to obtainthe availability of24-hour coverage, an 70.14 employee of the personal care provider organization may be 70.15 designated as the responsible party if case management is 70.16 provided as required in section 256B.0625, subdivision 19a. 70.17 (e) "Personal care assistant" means a person who: (1) is 70.18 18 years old; (2) is able to read, write, and speak English, as 70.19 well as speak the language of the recipient; (3) has completed 70.20 the training requirements as specified in Minnesota Rules, part 70.21 9505.0335, subpart 3, items A to D; (4) has the ability to, and 70.22 provides covered personal care services according to the 70.23 recipient's care plan; and (5) is not a consumer of personal 70.24 care services. 70.25 (f) "Personal care provider organization" means an 70.26 organization enrolled to provide personal care services that 70.27 complies with the following: (1) owners who have a five percent 70.28 interest or more are subject to a criminal history check as 70.29 provided in section 245A.04 at the time of application; and (2) 70.30 maintains a surety bond and liability insurance throughout the 70.31 duration of enrollment and provides proof of the bond and 70.32 insurance. The insurer must notify the department of human 70.33 services of the cancellation or lapse of policy. 70.34 Sec. 2. Minnesota Statutes 1994, section 256B.0627, 70.35 subdivision 4, is amended to read: 70.36 Subd. 4. [PERSONAL CARE SERVICES.] (a) The personal care 71.1 services that are eligible for payment are the following: 71.2 (1) bowel and bladder care; 71.3 (2) skin care to maintain the health of the skin; 71.4 (3) delegated therapy tasks specific to maintaining a 71.5 recipient's optimal level of functioning, including range of 71.6 motion and muscle strengthening exercises; 71.7 (4) respiratory assistance; 71.8 (5) transfers and ambulation; 71.9 (6) bathing, grooming, and hairwashing necessary for 71.10 personal hygiene; 71.11 (7) turning and positioning; 71.12 (8) assistance with furnishing medication that is normally 71.13 self-administered; 71.14 (9) application and maintenance of prosthetics and 71.15 orthotics; 71.16 (10) cleaning medical equipment; 71.17 (11) dressing or undressing; 71.18 (12) assistance with food, nutrition, and diet activities; 71.19 (13) accompanying a recipient to obtain medical diagnosis 71.20 or treatment; 71.21 (14) assisting, monitoring, or prompting the recipient to 71.22 complete the services in clauses (1) to (13); 71.23 (15) redirection, monitoring, and observation that are 71.24 medically necessary and an integral part of completing the 71.25 personal cares described in clauses (1) to (14); 71.26 (16) redirection and intervention for behavior, including 71.27 observation and monitoring; 71.28 (17) interventions for seizure disorders including 71.29 monitoring and observation if the recipient has had a seizure 71.30 that requires intervention within the past three months; and 71.31 (18) incidental household services that are an integral 71.32 part of a personal care service described in clauses (1) to (17). 71.33 For purposes of this subdivision, monitoring and 71.34 observation means watching for outward visible signs that are 71.35 likely to occur and for which there is a covered personal care 71.36 service or an appropriate personal care intervention. 72.1 (b) The personal care services that are not eligible for 72.2 payment are the following: 72.3 (1) personal care services that are not in the care plan 72.4developed by the supervising registered nurse in consultation72.5with the personal care assistants and the recipient or the72.6responsible party directing the care of the recipient; 72.7 (2) services that are not supervised by the registered 72.8 nurse; 72.9 (3) services provided by the recipient's spouse, legal 72.10 guardian, or parent of a minor child; 72.11 (4) services provided by a foster care provider of a 72.12 recipient who cannot direct their own care, unless monitored by 72.13 a county or state case manager under section 256B.0625, 72.14 subdivision 19a; 72.15 (5) services provided by the residential or program license 72.16 holder in a residence for more than four persons; 72.17 (6) services that are the responsibility of a residential 72.18 or program license holder under the terms of a service agreement 72.19 and administrative rules; 72.20 (7) sterile procedures; 72.21 (8) injections of fluids into veins, muscles, or skin; 72.22 (9) services provided by parents of adult recipients, adult 72.23 children, or siblings, unless these relatives meet one of the 72.24 following hardship criteria and the commissioner waives this 72.25 requirement: 72.26 (i) the relative resigns from a part-time or full-time job 72.27 to provide personal care for the recipient; 72.28 (ii) the relative goes from a full-time to a part-time job 72.29 with less compensation to provide personal care for the 72.30 recipient; 72.31 (iii) the relative takes a leave of absence without pay to 72.32 provide personal care for the recipient; 72.33 (iv) the relative incurs substantial expenses by providing 72.34 personal care for the recipient; or 72.35 (v) because of labor conditions, the relative is needed in 72.36 order to provide an adequate number of qualified personal care 73.1 assistants to meet the medical needs of the recipient; 73.2 (10) homemaker services that are not an integral part of a 73.3 personal care services; and 73.4 (11) home maintenance, or chore services, social services, 73.5 recreational services, educational services, and services not 73.6 prescribed by the physician. 73.7 Sec. 3. Minnesota Statutes 1994, section 256B.0627, 73.8 subdivision 5, is amended to read: 73.9 Subd. 5. [LIMITATION ON PAYMENTS.] Medical assistance 73.10 payments for home care services shall be limited according to 73.11 this subdivision. 73.12 (a)[EXEMPTION FROM PAYMENT LIMITATIONS.] The level, or the73.13number of hours or visits of a specific service, of home care73.14services to a recipient that began before and is continued73.15without increase on or after December 1987, shall be exempt from73.16the payment limitations of this section, as long as the services73.17are medically necessary.73.18(b)[LIMITS ON SERVICES WITHOUT PRIOR AUTHORIZATION.] A 73.19 recipient may receive the following amounts of home care 73.20 services during a calendar year: 73.21 (1) a total of 40 home health aide visits or skilled nurse 73.22 visits under section 256B.0625, subdivision 6a; and 73.23 (2)up to two assessments by a supervising registered nurse73.24 assessments done by the county public health nurse to determine 73.25 a recipient's need for personal care services, develop a care 73.26 plan, and obtain prior authorization.Additional visits may be73.27authorized by the commissioner if there are circumstances that73.28necessitate a change in provider.73.29(c)(b) [PRIOR AUTHORIZATION; EXCEPTIONS.] All home care 73.30 services above the limits in paragraph (b) must receive the 73.31 commissioner's prior authorization, except when: 73.32 (1) the home care services were required to treat an 73.33 emergency medical condition that if not immediately treated 73.34 could cause a recipient serious physical or mental disability, 73.35 continuation of severe pain, or death. The provider must 73.36 request retroactive authorization no later than five working 74.1 days after giving the initial service. The provider must be 74.2 able to substantiate the emergency by documentation such as 74.3 reports, notes, and admission or discharge histories; 74.4 (2) the home care services were provided on or after the 74.5 date on which the recipient's eligibility began, but before the 74.6 date on which the recipient was notified that the case was 74.7 opened. Authorization will be considered if the request is 74.8 submitted by the provider within 20 working days of the date the 74.9 recipient was notified that the case was opened; 74.10 (3) a third-party payor for home care services has denied 74.11 or adjusted a payment. Authorization requests must be submitted 74.12 by the provider within 20 working days of the notice of denial 74.13 or adjustment. A copy of the notice must be included with the 74.14 request; or 74.15 (4) the commissioner has determined that a county or state 74.16 human services agency has made an error. 74.17(d)(c) [RETROACTIVE AUTHORIZATION.] A request for 74.18 retroactive authorization under paragraph (c) will be evaluated 74.19 according to the same criteria applied to prior authorization 74.20 requests. Implementation of this provision shall begin no later 74.21 than October 1, 1991, except that recipients who are currently 74.22 receiving medically necessary services above the limits 74.23 established under this subdivision may have a reasonable amount 74.24 of time to arrange for waivered services under section 256B.49 74.25 or to establish an alternative living arrangement. All current 74.26 recipients shall be phased down to the limits established under 74.27 paragraph (b) on or before April 1, 1992. 74.28(e)(d) [ASSESSMENT AND CARE PLAN.] Thehome care provider74.29 county public health nurse shall conduct initially, and at least 74.30 annually thereafter, a face-to-face assessment of the recipient 74.31 and complete a care plan using forms specified by the 74.32 commissioner.For the recipient to receive, or continue to74.33receive, home care services, the provider must submit evidence74.34necessary for the commissioner to determine the medical74.35necessity of the home care services.Theprovidercounty public 74.36 health nurse shall submit to the commissioner the assessment, 75.1 the care plan, and other information necessary to determine 75.2 medical necessity such as diagnostic or testing information, 75.3 social or medical histories, and hospital or facility discharge 75.4 summaries. If the recipient has a diagnosis of mental 75.5 retardation or related condition (MR/RC) or mental health 75.6 illness, the county public health nurse must conduct the 75.7 assessment with the county case manager who shall assist in 75.8 determining the need for personal care services and make the 75.9 recipient or the recipient's responsible party aware of other 75.10 appropriate community services available as well. The amount 75.11 and type of service authorized based upon the assessment and 75.12 care plan will follow the recipient if the recipient chooses to 75.13 change providers. If the recipient's medical need changes, the 75.14 recipient's provider may assess the need for a change in service 75.15 authorization and request the change from the county public 75.16 health nurse. The public health nurse shall determine whether 75.17 to request the increase in services based upon the provider 75.18 assessment, or conduct a home visit to assess the need and 75.19 determine whether the change is appropriate. To continue to 75.20 receive home care services when the recipient displays no 75.21 significant change, thesupervising nursecounty public health 75.22 nurse has the option to review with the commissioner, or the 75.23 commissioner's designee, the care plan on record and receive 75.24 authorization for up to an additional 12 months. 75.25(f)(e) [PRIOR AUTHORIZATION.] The commissioner, or the 75.26 commissioner's designee, shall review the assessment, the care 75.27 plan, and any additional information that is submitted. The 75.28 commissioner shall, within 30 days after receiving a complete 75.29 request, assessment, and care plan, authorize home care services 75.30 as follows: 75.31 (1) [HOME HEALTH SERVICES.] All home health services 75.32 provided by a nurse or a home health aide that exceed the limits 75.33 established in paragraph (b) must be prior authorized by the 75.34 commissioner or the commissioner's designee. Prior 75.35 authorization must be based on medical necessity and 75.36 cost-effectiveness when compared with other care options. When 76.1 home health services are used in combination with personal care 76.2 and private duty nursing, the cost of all home care services 76.3 shall be considered for cost-effectiveness. The commissioner 76.4 shall limit nurse and home health aide visits to no more than 76.5 one visit each per day. 76.6 (2) [PERSONAL CARE SERVICES.] (i) All personal care 76.7 services must be prior authorized by the commissioner or the 76.8 commissioner's designee except for thelimits on76.9supervisionassessments established in paragraph (b). The 76.10 amount of personal care services authorized must be based on the 76.11 recipient's home care rating. A child may not be found to be 76.12 dependent in an activity of daily living if because of the 76.13 child's age an adult would either perform the activity for the 76.14 child or assist the child with the activity and the amount of 76.15 assistance needed is similar to the assistance appropriate for a 76.16 typical child of the same age. Based on medical necessity, the 76.17 commissioner may authorize: 76.18 (A) up totwoone and one-half times the average number of 76.19 direct care hours provided in nursing facilities for the 76.20 recipient's comparable case mix level; or 76.21 (B) up tothreetwo and one-fourth times the average number 76.22 of direct care hours provided in nursing facilities for 76.23 recipients who have complex medical needs or are dependent in at 76.24 least seven activities of daily living and need physical 76.25 assistance with eating or have a neurological diagnosis but in 76.26 no case shall the dollar amount authorized exceed the statewide 76.27 weighted average nursing facility payment rate for fiscal year 76.28 1994; or 76.29 (C) up to 60 percent of the average reimbursement rate, as 76.30 of July 1, 1991, plus any inflation adjustment provided, for 76.31 care provided in a regional treatment center for recipients who 76.32 have Level I behavior; or 76.33 (D) up to the amount the commissioner would pay, as of July 76.34 1, 1991, plus any inflation adjustment provided for home care 76.35 services, for care provided in a regional treatment center for 76.36 recipients referred to the commissioner by a regional treatment 77.1 center preadmission evaluation team. For purposes of this 77.2 clause, home care services means all services provided in the 77.3 home or community that would be included in the payment to a 77.4 regional treatment center; or 77.5 (E) up to the amount medical assistance would reimburse for 77.6 facility care for recipients referred to the commissioner by a 77.7 preadmission screening team established under section 256B.0911 77.8 or 256B.092; and 77.9 (F) a reasonable amount of time for the necessary provision 77.10 of nursing supervision of personal care services. 77.11 (ii) The number of direct care hours shall be determined 77.12 according to the annual cost report submitted to the department 77.13 by nursing facilities. The average number of direct care hours, 77.14 as established by May 1, 1992, shall be calculated and 77.15 incorporated into the home care limits on July 1, 1992. These 77.16 limits shall be calculated to the nearest quarter hour. 77.17 (iii) The home care rating shall be determined by the 77.18 commissioner or the commissioner's designee based on information 77.19 submitted to the commissioner by thepersonal care provider77.20 county public health nurse on forms specified by the 77.21 commissioner. The home care rating shall be a combination of 77.22 current assessment tools developed under sections 256B.0911 and 77.23 256B.501 with an addition for seizure activity that will assess 77.24 the frequency and severity of seizure activity and with 77.25 adjustments, additions, and clarifications that are necessary to 77.26 reflect the needs and conditions of children and nonelderly 77.27 adults who need home care. The commissioner shall establish 77.28 these forms and protocols under this section and shall use the 77.29 advisory group established in section 256B.04, subdivision 16, 77.30 for consultation in establishing the forms and protocols by 77.31 October 1, 1991. 77.32 (iv) A recipient shall qualify as having complex medical 77.33 needs if the care required is difficult to perform and because 77.34 of recipient's medical condition requires more time than 77.35 community-based standards allow or requires more skill than 77.36 would ordinarily be required and the recipient needs or has one 78.1 or more of the following: 78.2 (A) daily tube feedings; 78.3 (B) daily parenteral therapy; 78.4 (C) wound or decubiti care; 78.5 (D) postural drainage, percussion, nebulizer treatments, 78.6 suctioning, tracheotomy care, oxygen, mechanical ventilation; 78.7 (E) catheterization; 78.8 (F) ostomy care; 78.9 (G) quadriplegia; or 78.10 (H) other comparable medical conditions or treatments the 78.11 commissioner determines would otherwise require institutional 78.12 care. 78.13 (v) A recipient shall qualify as having Level I behavior if 78.14 there is reasonable supporting evidence that the recipient 78.15 exhibits, or that without supervision, observation, or 78.16 redirection would exhibit, one or more of the following 78.17 behaviors that cause, or have the potential to cause: 78.18 (A) injury to his or her own body; 78.19 (B) physical injury to other people; or 78.20 (C) destruction of property. 78.21 (vi) Time authorized for personal care relating to Level I 78.22 behavior in subclause (v), items (A) to (C), shall be based on 78.23 the predictability, frequency, and amount of intervention 78.24 required. 78.25 (vii) A recipient shall qualify as having Level II behavior 78.26 if the recipient exhibits on a daily basis one or more of the 78.27 following behaviors that interfere with the completion of 78.28 personal care services under subdivision 4, paragraph (a): 78.29 (A) unusual or repetitive habits; 78.30 (B) withdrawn behavior; or 78.31 (C) offensive behavior. 78.32 (viii) A recipient with a home care rating of Level II 78.33 behavior in subclause (vii), items (A) to (C), shall be rated as 78.34 comparable to a recipient with complex medical needs under 78.35 subclause (iv). If a recipient has both complex medical needs 78.36 and Level II behavior, the home care rating shall be the next 79.1 complex category up to the maximum rating under subclause (i), 79.2 item (B). 79.3 (3) [PRIVATE DUTY NURSING SERVICES.] All private duty 79.4 nursing services shall be prior authorized by the commissioner 79.5 or the commissioner's designee. Prior authorization for private 79.6 duty nursing services shall be based on medical necessity and 79.7 cost-effectiveness when compared with alternative care options. 79.8 The commissioner may authorize medically necessary private duty 79.9 nursing services in quarter-hour units when: 79.10 (i) the recipient requires more individual and continuous 79.11 care than can be provided during a nurse visit; or 79.12 (ii) the cares are outside of the scope of services that 79.13 can be provided by a home health aide or personal care assistant. 79.14 The commissioner may authorize: 79.15 (A) up to two times the average amount of direct care hours 79.16 provided in nursing facilities statewide for case mix 79.17 classification "K" as established by the annual cost report 79.18 submitted to the department by nursing facilities in May 1992; 79.19 (B) private duty nursing in combination with other home 79.20 care services up to the total cost allowed under clause (2); 79.21 (C) up to 16 hours per day if the recipient requires more 79.22 nursing than the maximum number of direct care hours as 79.23 established in item (A) and the recipient meets the hospital 79.24 admission criteria established under Minnesota Rules, parts 79.25 9505.0500 to 9505.0540. 79.26 The commissioner may authorize up to 16 hours per day of 79.27 medically necessary private duty nursing services or up to 24 79.28 hours per day of medically necessary private duty nursing 79.29 services until such time as the commissioner is able to make a 79.30 determination of eligibility for recipients who are 79.31 cooperatively applying for home care services under the 79.32 community alternative care program developed under section 79.33 256B.49, or until it is determined by the appropriate regulatory 79.34 agency that a health benefit plan is or is not required to pay 79.35 for appropriate medically necessary health care services. 79.36 Recipients or their representatives must cooperatively assist 80.1 the commissioner in obtaining this determination. Recipients 80.2 who are eligible for the community alternative care program may 80.3 not receive more hours of nursing under this section than would 80.4 otherwise be authorized under section 256B.49. 80.5 (4) [VENTILATOR-DEPENDENT RECIPIENTS.] If the recipient is 80.6 ventilator-dependent, the monthly medical assistance 80.7 authorization for home care services shall not exceed what the 80.8 commissioner would pay for care at the highest cost hospital 80.9 designated as a long-term hospital under the Medicare program. 80.10 For purposes of this clause, home care services means all 80.11 services provided in the home that would be included in the 80.12 payment for care at the long-term hospital. 80.13 "Ventilator-dependent" means an individual who receives 80.14 mechanical ventilation for life support at least six hours per 80.15 day and is expected to be or has been dependent for at least 30 80.16 consecutive days. 80.17(g)(f) [PRIOR AUTHORIZATION; TIME LIMITS.] The 80.18 commissioner or the commissioner's designee shall determine the 80.19 time period for which a prior authorization shall be effective. 80.20 If the recipient continues to require home care services beyond 80.21 the duration of the prior authorization, the home care provider 80.22 must request a new prior authorization through the process 80.23 described above. Under no circumstances, other than the 80.24 exceptions in subdivision 5, paragraph (c), shall a prior 80.25 authorization be valid prior to the date the commissioner 80.26 receives the request or for more than 12 months. A recipient 80.27 who appeals a reduction in previously authorized home care 80.28 services may continue previously authorized services, other than 80.29 temporary services under paragraph (i), pending an appeal under 80.30 section 256.045. The commissioner must provide a detailed 80.31 explanation of why the authorized services are reduced in amount 80.32 from those requested by the home care provider. 80.33(h)(g) [APPROVAL OF HOME CARE SERVICES.] The commissioner 80.34 or the commissioner's designee shall determine the medical 80.35 necessity of home care services, the level of caregiver 80.36 according to subdivision 2, and the institutional comparison 81.1 according to this subdivision, the cost-effectiveness of 81.2 services, and the amount, scope, and duration of home care 81.3 services reimbursable by medical assistance, based on the 81.4 assessment, the care plan, the recipient's age, the cost of 81.5 services, the recipient's medical condition, and diagnosis or 81.6 disability. The commissioner may publish additional criteria 81.7 for determining medical necessity according to section 256B.04. 81.8(i)(h) [PRIOR AUTHORIZATION REQUESTS; TEMPORARY SERVICES.] 81.9ProvidersThe county public health nurse may request a temporary 81.10 authorization for home care services by telephone. The 81.11 commissioner may approve a temporary level of home care services 81.12 based on the assessment and care plan informationprovided by an81.13appropriately licensed nurse. Authorization for a temporary 81.14 level of home care services is limited to the time specified by 81.15 the commissioner, but shall not exceed 45 days. The level of 81.16 services authorized under this provision shall have no bearing 81.17 on a future prior authorization. 81.18(j)(i) [PRIOR AUTHORIZATION REQUIRED IN FOSTER CARE 81.19 SETTING.] Home care services provided in an adult or child 81.20 foster care setting must receive prior authorization by the 81.21 department according to the limits established in paragraph (b). 81.22 The commissioner may not authorize: 81.23 (1) home care services that are the responsibility of the 81.24 foster care provider under the terms of the foster care 81.25 placement agreement and administrative rules; 81.26 (2) personal care services when the foster care license 81.27 holder is also the personal care provider or personal care 81.28 assistant unless the recipient can direct the recipient's own 81.29 care, or case management is provided as required in section 81.30 256B.0625, subdivision 19a; 81.31 (3) personal care services when the responsible party is an 81.32 employee of, or under contract with, or has any direct or 81.33 indirect financial relationship with the personal care provider 81.34 or personal care assistant, unless case management is provided 81.35 as required in section 256B.0625, subdivision 19a; 81.36 (4) home care services when the number of foster care 82.1 residents is greater than fourunless the county responsible for82.2the recipient's foster placement made the placement prior to82.3April 1, 1992, requests that home care services be provided, and82.4case management is provided as required in section 256B.0625,82.5subdivision 19a; or 82.6 (5) home care services when combined with foster care 82.7 payments, other than room and board payments plus the cost of 82.8 home and community-based waivered services unless the costs of 82.9 home care services and waivered services are combined and 82.10 managed under the waiver program, that exceed the total amount 82.11 that public funds would pay for the recipient's care in a 82.12 medical institution. 82.13 Sec. 4. Minnesota Statutes 1994, section 256B.0628, 82.14 subdivision 2, is amended to read: 82.15 Subd. 2. [DUTIES.] (a) The commissioner may contract with 82.16 or employ qualified registered nurses and necessary support 82.17 staff, or contract with qualified agencies, to provide home care 82.18 prior authorization and review services for medical assistance 82.19 recipients who are receiving home care services. 82.20 (b) Reimbursement for the prior authorization function 82.21 shall be made through the medical assistance administrative 82.22 authority. The state shall pay the nonfederal share. The 82.23 functions will be to: 82.24 (1) assess the recipient's individual need for services 82.25 required to be cared for safely in the community; 82.26 (2) ensure that a care plan that meets the recipient's 82.27 needs is developed by the appropriate agency or individual; 82.28 (3) ensure cost-effectiveness of medical assistance home 82.29 care services; 82.30 (4) recommend the approval or denial of the use of medical 82.31 assistance funds to pay for home care serviceswhen home care82.32services exceed thresholds established by the commissioner under82.33Minnesota Rules, parts 9505.0170 to 9505.0475; 82.34 (5) reassess the recipient's need for and level of home 82.35 care services at a frequency determined by the commissioner; and 82.36 (6) conduct on-site assessments when determined necessary 83.1 by the commissioner and recommend changes to care plans that 83.2 will provide more efficient and appropriate home care. 83.3 (c) In addition, the commissioner or the commissioner's 83.4 designee may: 83.5 (1) review care plans and reimbursement data for 83.6 utilization of services that exceed community-based standards 83.7 for home care, inappropriate home care services, medical 83.8 necessity, home care services that do not meet quality of care 83.9 standards, or unauthorized services and make appropriate 83.10 referrals within the department or to other appropriate entities 83.11 based on the findings; 83.12 (2) assist the recipient in obtaining services necessary to 83.13 allow the recipient to remain safely in or return to the 83.14 community; 83.15 (3) coordinate home care services with other medical 83.16 assistance services under section 256B.0625; 83.17 (4) assist the recipient with problems related to the 83.18 provision of home care services; and 83.19 (5) assure the quality of home care services. 83.20 (d) For the purposes of this section, "home care services" 83.21 means medical assistance services defined under section 83.22 256B.0625, subdivisions 6a, 7, and 19a. 83.23 Sec. 5. Minnesota Statutes 1994, section 256B.0911, 83.24 subdivision 2, is amended to read: 83.25 Subd. 2. [PERSONS REQUIRED TO BE SCREENED; EXEMPTIONS.] 83.26 All applicants to Medicaid certified nursing facilities must be 83.27 screened prior to admission, regardless of income, assets, or 83.28 funding sources, except the following: 83.29 (1) patients who, having entered acute care facilities from 83.30 certified nursing facilities, are returning to a certified 83.31 nursing facility; 83.32 (2) residents transferred from other certified nursing 83.33 facilities located within the state of Minnesota; 83.34 (3) individuals who have a contractual right to have their 83.35 nursing facility care paid for indefinitely by the veteran's 83.36 administration;or84.1 (4) individuals who are enrolled in the Ebenezer/Group 84.2 Health social health maintenance organization project at the 84.3 time of application to a nursing home; or 84.4 (5) individuals previously screened and currently being 84.5 served under the alternative care or waiver programs. 84.6 Regardless of the exemptions in clauses (2) to (4), persons 84.7 who have a diagnosis or possible diagnosis of mental illness, 84.8 mental retardation, or a related condition must be screened 84.9 before admission unless the admission prior to screening is 84.10 authorized by the local mental health authority or the local 84.11 developmental disabilities case manager, or unless authorized by 84.12 the county agency according to Public Law Number 101-508. 84.13 Before admission to a Medicaid certified nursing home or 84.14 boarding care home, all persons must be screened and approved 84.15 for admission through an assessment process. The nursing 84.16 facility is authorized to conduct case mix assessments which are 84.17 not conducted by the county public health nurse under Minnesota 84.18 Rules, part 9549.0059. The designated county agency is 84.19 responsible for distributing the quality assurance and review 84.20 form for all new applicants to nursing homes. 84.21 Other persons who are not applicants to nursing facilities 84.22 must be screened if a request is made for a screening. 84.23 Sec. 6. Minnesota Statutes 1994, section 256B.0913, 84.24 subdivision 4, is amended to read: 84.25 Subd. 4. [ELIGIBILITY FOR FUNDING FOR SERVICES FOR 84.26 NONMEDICAL ASSISTANCE RECIPIENTS.] (a) Funding for services 84.27 under the alternative care program is available to persons who 84.28 meet the following criteria: 84.29 (1) the person has been screened by the county screening 84.30 team or, if previously screened and served under the alternative 84.31 care program, assessed by the local county social worker or 84.32 public health nurse; 84.33 (2) the person is age 65 or older; 84.34 (3) the person would be financially eligible for medical 84.35 assistance within 180 days of admission to a nursing facility; 84.36 (4) the person meets the asset transfer requirements of the 85.1 medical assistance program; 85.2 (5) the screening team would recommend nursing facility 85.3 admission or continued stay for the person if alternative care 85.4 services were not available; 85.5 (6) the person needs services that are not available at 85.6 that time in the county through other county, state, or federal 85.7 funding sources;and85.8 (7) the monthly cost of the alternative care services 85.9 funded by the program for this person does not exceed 75 percent 85.10 of the statewide average monthly medical assistance payment for 85.11 nursing facility care at the individual's case mix 85.12 classification to which the individual would be assigned under 85.13 Minnesota Rules, parts 9549.0050 to 9549.0059; and 85.14 (8) if the monthly cost of the alternative care recipient's 85.15 services including supplies and equipment exceeds the limits in 85.16 clause (7), the annual cost of alternative care services shall 85.17 be determined but shall not exceed 12 times the monthly limit 85.18 calculated under clause (7). 85.19 (b) Individuals who meet the criteria in paragraph (a) and 85.20 who have been approved for alternative care funding are called 85.21 180-day eligible clients. 85.22 (c) The statewide average payment for nursing facility care 85.23 is the statewide average monthly nursing facility rate in effect 85.24 on July 1 of the fiscal year in which the cost is incurred, less 85.25 the statewide average monthly income of nursing facility 85.26 residents who are age 65 or older and who are medical assistance 85.27 recipients in the month of March of the previous fiscal year. 85.28 This monthly limit does not prohibit the 180-day eligible client 85.29 from paying for additional services needed or desired. 85.30 (d) In determining the total costs of alternative care 85.31 services for one month, the costs of all services funded by the 85.32 alternative care program, including supplies and equipment, must 85.33 be included. 85.34 (e) Alternative care funding under this subdivision is not 85.35 available for a person who is a medical assistance recipient or 85.36 who would be eligible for medical assistance without a spenddown 86.1 if the person applied, unless authorized by the commissioner. A 86.2 person whose application for medical assistance is being 86.3 processed may be served under the alternative care program for a 86.4 period up to 60 days. If the individual is found to be eligible 86.5 for medical assistance, the county must bill medical assistance 86.6 from the date the individual was found eligible for the medical 86.7 assistance services provided that are reimbursable under the 86.8 elderly waiver program. 86.9 (f) Alternative care funding is not available for a person 86.10 who resides in a licensed nursing home or boarding care home, 86.11 except for case management services which are being provided in 86.12 support of the discharge planning process. 86.13 Sec. 7. Minnesota Statutes 1994, section 256B.0913, 86.14 subdivision 5, is amended to read: 86.15 Subd. 5. [SERVICES COVERED UNDER ALTERNATIVE CARE.] (a) 86.16 Alternative care funding may be used for payment of costs of: 86.17 (1) adult foster care; 86.18 (2) adult day care; 86.19 (3) home health aide; 86.20 (4) homemaker services; 86.21 (5) personal care; 86.22 (6) case management; 86.23 (7) respite care; 86.24 (8) assisted living; 86.25 (9) residential care services; 86.26 (10) care-related supplies and equipment; 86.27 (11) meals delivered to the home; 86.28 (12) transportation; 86.29 (13) skilled nursing; 86.30 (14) chore services; 86.31 (15) companion services; 86.32 (16) nutrition services; and 86.33 (17) training for direct informal caregivers. 86.34 (b) The county agency must ensure that the funds are used 86.35 only to supplement and not supplant services available through 86.36 other public assistance or services programs. 87.1 (c) Unless specified in statute, the service standards for 87.2 alternative care services shall be the same as the service 87.3 standards defined in the elderly waiver. Persons or agencies 87.4 must be employed by or under a contract with the county agency 87.5 or the public health nursing agency of the local board of health 87.6 in order to receive funding under the alternative care program. 87.7 (d) The adult foster care rate shall be considered a 87.8 difficulty of care payment and shall not include room and 87.9 board. The adult foster care daily rate shall be negotiated 87.10 between the county agency and the foster care provider. The 87.11 rate established under this section shall not exceed 75 percent 87.12 of the state average monthly nursing home payment for the case 87.13 mix classification to which the individual receiving foster care 87.14 is assigned, and it must allow for other alternative care 87.15 services to be authorized by the case manager. 87.16 (e) Personal care services may be provided by a personal 87.17 care provider organization. A county agency may contract with a 87.18 relative of the client to provide personal care services, but 87.19 must ensure nursing supervision. Covered personal care services 87.20 defined in section 256B.0627, subdivision 4, must meet 87.21 applicable standards in Minnesota Rules, part 9505.0335. 87.22 (f) Costs for supplies and equipment that exceed $150 per 87.23 item per month must have prior approval from the commissioner. 87.24 A county may use alternative care funds to purchase supplies and 87.25 equipment from a non-Medicaid certified vendor if the cost for 87.26 the items is less than that of a Medicaid vendor. A county is 87.27 not required to contract with a provider of supplies and 87.28 equipment if the monthly cost of the supplies or equipment is 87.29 less than $250. 87.30 (g) For purposes of this section, residential care services 87.31 are services which are provided to individuals living in 87.32 residential care homes. Residential care homes are currently 87.33 licensed as board and lodging establishments and are registered 87.34 with the department of health as providing special services. 87.35 Residential care services are defined as "supportive services" 87.36 and "health-related services." "Supportive services" means the 88.1 provision of up to 24-hour supervision and oversight. 88.2 Supportive services includes: (1) transportation, when provided 88.3 by the residential care center only; (2) socialization, when 88.4 socialization is part of the plan of care, has specific goals 88.5 and outcomes established, and is not diversional or recreational 88.6 in nature; (3) assisting clients in setting up meetings and 88.7 appointments; (4) assisting clients in setting up medical and 88.8 social services; (5) providing assistance with personal laundry, 88.9 such as carrying the client's laundry to the laundry room. 88.10 Assistance with personal laundry does not include any laundry, 88.11 such as bed linen, that is included in the room and board rate. 88.12 Health-related services are limited to minimal assistance with 88.13 dressing, grooming, and bathing and providing reminders to 88.14 residents to take medications that are self-administered or 88.15 providing storage for medications, if requested. Individuals 88.16 receiving residential care services cannot receive both personal 88.17 care services and residential care services. 88.18 (h) For the purposes of this section, "assisted living" 88.19 refers to supportive services provided by a single vendor to 88.20 clients who reside in the same apartment building of three or 88.21 more units. Assisted living services are defined as up to 88.22 24-hour supervision, and oversight, supportive services as 88.23 defined in clause (1), individualized home care aide tasks as 88.24 defined in clause (2), and individualized home management tasks 88.25 as defined in clause (3) provided to residents of a residential 88.26 center living in their units or apartments with a full kitchen 88.27 and bathroom. A full kitchen includes a stove, oven, 88.28 refrigerator, food preparation counter space, and a kitchen 88.29 utensil storage compartment. Assisted living services must be 88.30 provided by the management of the residential center or by 88.31 providers under contract with the management or with the county. 88.32 (1) Supportive services include: 88.33 (i) socialization, when socialization is part of the plan 88.34 of care, has specific goals and outcomes established, and is not 88.35 diversional or recreational in nature; 88.36 (ii) assisting clients in setting up meetings and 89.1 appointments; and 89.2 (iii) providing transportation, when provided by the 89.3 residential center only. 89.4 Individuals receiving assisted living services will not 89.5 receive both assisted living services and homemaking or personal 89.6 care services. Individualized means services are chosen and 89.7 designed specifically for each resident's needs, rather than 89.8 provided or offered to all residents regardless of their 89.9 illnesses, disabilities, or physical conditions. 89.10 (2) Home care aide tasks means: 89.11 (i) preparing modified diets, such as diabetic or low 89.12 sodium diets; 89.13 (ii) reminding residents to take regularly scheduled 89.14 medications or to perform exercises; 89.15 (iii) household chores in the presence of technically 89.16 sophisticated medical equipment or episodes of acute illness or 89.17 infectious disease; 89.18 (iv) household chores when the resident's care requires the 89.19 prevention of exposure to infectious disease or containment of 89.20 infectious disease; and 89.21 (v) assisting with dressing, oral hygiene, hair care, 89.22 grooming, and bathing, if the resident is ambulatory, and if the 89.23 resident has no serious acute illness or infectious disease. 89.24 Oral hygiene means care of teeth, gums, and oral prosthetic 89.25 devices. 89.26 (3) Home management tasks means: 89.27 (i) housekeeping; 89.28 (ii) laundry; 89.29 (iii) preparation of regular snacks and meals; and 89.30 (iv) shopping. 89.31A person's eligibility to reside in the building must not89.32be contingent on the person's acceptance or use of the assisted89.33living services.Assisted living services as defined in this 89.34 section shall not be authorized in boarding and lodging 89.35 establishments licensed according to sections 157.01 to 157.031. 89.36 Reimbursement for assisted living services and residential 90.1 care services shall be made by the lead agency to the vendor as 90.2 a monthly rate negotiated with the county agency. The rate 90.3 shall not exceed the nonfederal share of the greater of either 90.4 the statewide or any of the geographic groups' weighted average 90.5 monthly medical assistance nursing facility payment rate of the 90.6 case mix resident class to which the 180-day eligible client 90.7 would be assigned under Minnesota Rules, parts 9549.0050 to 90.8 9549.0059, except for alternative care assisted living projects 90.9 established under Laws 1988, chapter 689, article 2, section 90.10 256, whose rates may not exceed 65 percent of either the 90.11 statewide or any of the geographic groups' weighted average 90.12 monthly medical assistance nursing facility payment rate of the 90.13 case mix resident class to which the 180-day eligible client 90.14 would be assigned under Minnesota Rules, parts 9549.0050 to 90.15 9549.0059. The rate may not cover rent and direct food costs. 90.16 (i) For purposes of this section, companion services are 90.17 defined as nonmedical care, supervision and oversight, provided 90.18 to a functionally impaired adult. Companions may assist the 90.19 individual with such tasks as meal preparation, laundry and 90.20 shopping, but do not perform these activities as discrete 90.21 services. The provision of companion services does not entail 90.22 hands-on medical care. Providers may also perform light 90.23 housekeeping tasks which are incidental to the care and 90.24 supervision of the recipient. This service must be approved by 90.25 the case manager as part of the care plan. Companion services 90.26 must be provided by individuals or nonprofit organizations who 90.27 are under contract with the local agency to provide the 90.28 service. Any person related to the waiver recipient by blood, 90.29 marriage or adoption cannot be reimbursed under this service. 90.30 Persons providing companion services will be monitored by the 90.31 case manager. 90.32 (j) For purposes of this section, training for direct 90.33 informal caregivers is defined as a classroom or home course of 90.34 instruction which may include: transfer and lifting skills, 90.35 nutrition, personal and physical cares, home safety in a home 90.36 environment, stress reduction and management, behavioral 91.1 management, long-term care decision making, care coordination 91.2 and family dynamics. The training is provided to an informal 91.3 unpaid caregiver of a 180-day eligible client which enables the 91.4 caregiver to deliver care in a home setting with high levels of 91.5 quality. The training must be approved by the case manager as 91.6 part of the individual care plan. Individuals, agencies, and 91.7 educational facilities which provide caregiver training and 91.8 education will be monitored by the case manager. 91.9 Sec. 8. Minnesota Statutes 1994, section 256B.0913, 91.10 subdivision 8, is amended to read: 91.11 Subd. 8. [REQUIREMENTS FOR INDIVIDUAL CARE PLAN.] (a) The 91.12 case manager shall implement the plan of care for each 180-day 91.13 eligible client and ensure that a client's service needs and 91.14 eligibility are reassessed at least everysix12 months. The 91.15 plan shall include any services prescribed by the individual's 91.16 attending physician as necessary to allow the individual to 91.17 remain in a community setting. In developing the individual's 91.18 care plan, the case manager should include the use of volunteers 91.19 from families and neighbors, religious organizations, social 91.20 clubs, and civic and service organizations to support the formal 91.21 home care services. The county shall be held harmless for 91.22 damages or injuries sustained through the use of volunteers 91.23 under this subdivision including workers' compensation 91.24 liability. The lead agency shall provide documentation to the 91.25 commissioner verifying that the individual's alternative care is 91.26 not available at that time through any other public assistance 91.27 or service program. The lead agency shall provide documentation 91.28 in each individual's plan of care and to the commissioner that 91.29 the most cost-effective alternatives available have been offered 91.30 to the individual and that the individual was free to choose 91.31 among available qualified providers, both public and private. 91.32 The case manager must give the individual a ten-day written 91.33 notice of any decrease in or termination of alternative care 91.34 services. 91.35 (b) If the county of service is different from the county 91.36 of financial responsibility for an alternative care client, the 92.1 county of service must notify the county of financial 92.2 responsibility verbally or in writing that the client is 92.3 eligible to receive alternative care services. If the county of 92.4 financial responsibility requests additional information 92.5 regarding the client's eligibility for services, the county of 92.6 service must provide the requested information. 92.7 Sec. 9. Minnesota Statutes 1994, section 256B.0913, 92.8 subdivision 12, is amended to read: 92.9 Subd. 12. [CLIENT PREMIUMS.] (a) A premium is required for 92.10 all 180-day eligible clients to help pay for the cost of 92.11 participating in the program. The amount of the premium for the 92.12 alternative care client shall be determined as follows: 92.13 (1) when the alternative care client's income less 92.14 recurring and predictable medical expenses is greater than the 92.15 medical assistance income standard but less than 150 percent of 92.16 the federal poverty guideline, and total assets are less than 92.17 $6,000, the fee is zero; 92.18 (2) when the alternative care client's income less 92.19 recurring and predictable medical expenses is greater than 150 92.20 percent of the federal poverty guideline and total assets are 92.21 less than $6,000, the fee is 25 percent of the cost of 92.22 alternative care services or the difference between 150 percent 92.23 of the federal poverty guideline and the client's income less 92.24 recurring and predictable medical expenses, whichever is less; 92.25 and 92.26 (3) when the alternative care client's total assets are 92.27 greater than $6,000, the fee is 25 percent of the cost of 92.28 alternative care services. 92.29 For married persons, total assets are defined as the total 92.30 marital assets less the estimated community spouse asset 92.31 allowance, under section 256B.059, if applicable. For married 92.32 persons, total income is defined as the client's income less the 92.33 monthly spousal allotment, under section 256B.058. 92.34 All alternative care services except case management shall 92.35 be included in the estimated costs for the purpose of 92.36 determining 25 percent of the costs. 93.1 The monthly premium shall be calculatedand be payable in93.2thebased on the cost of the first full monthin which theof 93.3 alternative care servicesbeginand shall continue unalteredfor93.4six months until the semiannual reassessment unless the actual93.5cost of services falls below the feeuntil the next reassessment 93.6 is completed or at the end of 12 months, whichever comes first. 93.7 Premiums are due and payable each month alternative care 93.8 services are received unless the actual cost of the services is 93.9 less than the premium. 93.10 (b) The fee shall be waived by the commissioner when: 93.11 (1) a person who is residing in a nursing facility is 93.12 receiving case management only; 93.13 (2) a person is applying for medical assistance; 93.14 (3) a married couple is requesting an asset assessment 93.15 under the spousal impoverishment provisions; 93.16 (4) a person is a medical assistance recipient, but has 93.17 been approved for alternative care-funded assisted living 93.18 services; 93.19 (5) a person is found eligible for alternative care, but is 93.20 not yet receiving alternative care services; or 93.21 (6)a person is an adult foster care resident for whom93.22alternative care funds are being used to meet a portion of the93.23person's medical assistance spenddown, as authorized in93.24subdivision 4; and93.25(7)a person's fee under paragraph (a) is less than $25. 93.26 (c) The county agency must collect the premium from the 93.27 client and forward the amounts collected to the commissioner in 93.28 the manner and at the times prescribed by the commissioner. 93.29 Money collected must be deposited in the general fund and is 93.30 appropriated to the commissioner for the alternative care 93.31 program. The client must supply the county with the client's 93.32 social security number at the time of application. If a client 93.33 fails or refuses to pay the premium due, the county shall supply 93.34 the commissioner with the client's social security number and 93.35 other information the commissioner requires to collect the 93.36 premium from the client. The commissioner shall collect unpaid 94.1 premiums using the revenue recapture act in chapter 270A and 94.2 other methods available to the commissioner. The commissioner 94.3 may require counties to inform clients of the collection 94.4 procedures that may be used by the state if a premium is not 94.5 paid. 94.6 (d) The commissioner shall begin to adopt emergency or 94.7 permanent rules governing client premiums within 30 days after 94.8 July 1, 1991, including criteria for determining when services 94.9 to a client must be terminated due to failure to pay a premium. 94.10 Sec. 10. Minnesota Statutes 1994, section 256B.0913, 94.11 subdivision 14, is amended to read: 94.12 Subd. 14. [REIMBURSEMENT AND RATE ADJUSTMENTS.] (a) 94.13 Reimbursement for expenditures for the alternative care services 94.14 shall be through the invoice processing procedures of the 94.15 department's Medicaid Management Information System (MMIS), only 94.16 with the approval of the client's case manager. To receive 94.17 reimbursement, the county or vendor must submit invoices within 94.18120 days12 months following themonthdate of service. The 94.19 county agency and its vendors under contract shall not be 94.20 reimbursed for services which exceed the county allocation. 94.21 (b) If a county collects less than 50 percent of the client 94.22 premiums due under subdivision 12, the commissioner may withhold 94.23 up to three percent of the county's final alternative care 94.24 program allocation determined under subdivisions 10 and 11. 94.25 (c) Beginning July 1, 1991, the state will reimburse 94.26 counties, up to the limits of state appropriations, according to 94.27 the payment schedule in section 256.025 for the county share of 94.28 costs incurred under this subdivision on or after January 1, 94.29 1991, for individuals who would be eligible for medical 94.30 assistance within 180 days of admission to a nursing home. 94.31 (d) For fiscal years beginning on or after July 1, 1993, 94.32 the commissioner of human services shall not provide automatic 94.33 annual inflation adjustments for alternative care services. The 94.34 commissioner of finance shall include as a budget change request 94.35 in each biennial detailed expenditure budget submitted to the 94.36 legislature under section 16A.11 annual adjustments in 95.1 reimbursement rates for alternative care services based on the 95.2 forecasted percentage change in the Home Health Agency Market 95.3 Basket of Operating Costs, for the fiscal year beginning July 1, 95.4 compared to the previous fiscal year, unless otherwise adjusted 95.5 by statute. The Home Health Agency Market Basket of Operating 95.6 Costs is published by Data Resources, Inc. The forecast to be 95.7 used is the one published for the calendar quarter beginning 95.8 January 1, six months prior to the beginning of the fiscal year 95.9 for which rates are set. 95.10 (e) The county shall negotiate individual rates with 95.11 vendors and may be reimbursed for actual costs up to the greater 95.12 of the county's current approved rate or 60 percent of the 95.13 maximum rate in fiscal year 1994 and 65 percent of the maximum 95.14 rate in fiscal year 1995 for each alternative care service. 95.15 Notwithstanding any other rule or statutory provision to the 95.16 contrary, the commissioner shall not be authorized to increase 95.17 rates by an annual inflation factor, unless so authorized by the 95.18 legislature. 95.19 (f) On July 1, 1993, the commissioner shall increase the 95.20 maximum rate for home delivered meals to $4.50 per meal. 95.21 Sec. 11. Minnesota Statutes 1994, section 256B.0915, 95.22 subdivision 3, is amended to read: 95.23 Subd. 3. [LIMITS OF CASES, RATES, REIMBURSEMENT, AND 95.24 FORECASTING.] (a) The number of medical assistance waiver 95.25 recipients that a county may serve must be allocated according 95.26 to the number of medical assistance waiver cases open on July 1 95.27 of each fiscal year. Additional recipients may be served with 95.28 the approval of the commissioner. 95.29 (b) The monthly limit for the cost of waivered services to 95.30 an individual waiver client shall be the statewide average 95.31 payment rate of the case mix resident class to which the waiver 95.32 client would be assigned under medical assistance case mix 95.33 reimbursement system. The statewide average payment rate is 95.34 calculated by determining the statewide average monthly nursing 95.35 home rate effective July 1 of the fiscal year in which the cost 95.36 is incurred, less the statewide average monthly income of 96.1 nursing home residents who are age 65 or older, and who are 96.2 medical assistance recipients in the month of March of the 96.3 previous state fiscal year. The monthly cost of elderly or 96.4 disabled waivered services for a person who is a nursing 96.5 facility resident at the time of requesting a determination of 96.6 eligibility for elderly or disabled waivered services shall not 96.7 exceed the monthly payment for the resident class assigned under 96.8 Minnesota Rules, parts 9549.0050 to 9549.0059 for that resident 96.9 in the nursing facility where the resident currently resides. 96.10 The following costs must be included in determining the total 96.11 monthly costs for the waiver client: 96.12 (1) cost of all waivered services, including extended 96.13 medical supplies and equipment; and 96.14 (2) cost of skilled nursing, home health aide, and personal 96.15 care services reimbursable by medical assistance. 96.16 (c) If the monthly cost of the elderly or disabled 96.17 recipient's waivered services including supplies and equipment 96.18 exceeds the limits in paragraph (b), the annual cost of waivered 96.19 services shall be determined. In this event, the annual cost of 96.20 waivered services to the recipient shall not exceed 12 times the 96.21 monthly limit calculated under paragraph (b). 96.22 (d) Medical assistance funding for skilled nursing 96.23 services, home health aide, and personal care services for 96.24 waiver recipients must be approved by the case manager and 96.25 included in the individual care plan. 96.26(d)(e) Expenditures for extended medical supplies and 96.27 equipment that cost over $150 per month for both the elderly 96.28 waiver and the disabled waiver must have the commissioner's 96.29 prior approval. A county is not required to contract with a 96.30 provider of supplies and equipment if the monthly cost of the 96.31 supplies or equipment is less than $250. 96.32(e)(f) For the fiscal year beginning on July 1, 1993, and 96.33 for subsequent fiscal years, the commissioner of human services 96.34 shall not provide automatic annual inflation adjustments for 96.35 home and community-based waivered services. The commissioner of 96.36 finance shall include as a budget change request in each 97.1 biennial detailed expenditure budget submitted to the 97.2 legislature under section 16A.11 annual adjustments in 97.3 reimbursement rates for home and community-based waivered 97.4 services, based on the forecasted percentage change in the Home 97.5 Health Agency Market Basket of Operating Costs, for the fiscal 97.6 year beginning July 1, compared to the previous fiscal year, 97.7 unless otherwise adjusted by statute. The Home Health Agency 97.8 Market Basket of Operating Costs is published by Data Resources, 97.9 Inc. The forecast to be used is the one published for the 97.10 calendar quarter beginning January 1, six months prior to the 97.11 beginning of the fiscal year for which rates are set. The adult 97.12 foster care rate shall be considered a difficulty of care 97.13 payment and shall not include room and board. 97.14(f)(g) The adult foster care daily rate for the elderly 97.15 and disabled waivers shall be negotiated between the county 97.16 agency and the foster care provider. The rate established under 97.17 this section shall not exceed the state average monthly nursing 97.18 home payment for the case mix classification to which the 97.19 individual receiving foster care is assigned, and it must allow 97.20 for other waiver and medical assistance home care services to be 97.21 authorized by the case manager. 97.22(g)(h) The assisted living and residential care service 97.23 rates for elderly anddisabledcommunity alternatives for 97.24 disabled individuals (CADI) waivers shall be made to the vendor 97.25 as a monthly rate negotiated with the county agency. The rate 97.26 shall not exceed the nonfederal share of the greater of either 97.27 the statewide or any of the geographic groups' weighted average 97.28 monthly medical assistance nursing facility payment rate of the 97.29 case mix resident class to which the elderly or disabled client 97.30 would be assigned under Minnesota Rules, parts 9549.0050 to 97.31 9549.0059, except for alternative care assisted living projects 97.32 established under Laws 1988, chapter 689, article 2, section 97.33 256, whose rates may not exceed 65 percent of the greater of 97.34 either the statewide or any of the geographic groups' weighted 97.35 average monthly medical assistance nursing facility payment rate 97.36 for the case mix resident class to which the elderly or disabled 98.1 client would be assigned under Minnesota Rules, parts 9549.0050 98.2 to 9549.0059. The rate may not cover direct rent or food costs. 98.3(h)(i) The county shall negotiate individual rates with 98.4 vendors and may be reimbursed for actual costs up to the greater 98.5 of the county's current approved rate or 60 percent of the 98.6 maximum rate in fiscal year 1994 and 65 percent of the maximum 98.7 rate in fiscal year 1995 for each service within each program. 98.8(i)(j) On July 1, 1993, the commissioner shall increase 98.9 the maximum rate for home-delivered meals to $4.50 per meal. 98.10(j)(k) Reimbursement for the medical assistance recipients 98.11 under the approved waiver shall be made from the medical 98.12 assistance account through the invoice processing procedures of 98.13 the department's Medicaid Management Information System (MMIS), 98.14 only with the approval of the client's case manager. The budget 98.15 for the state share of the Medicaid expenditures shall be 98.16 forecasted with the medical assistance budget, and shall be 98.17 consistent with the approved waiver. 98.18(k)(l) Beginning July 1, 1991, the state shall reimburse 98.19 counties according to the payment schedule in section 256.025 98.20 for the county share of costs incurred under this subdivision on 98.21 or after January 1, 1991, for individuals who are receiving 98.22 medical assistance. 98.23 Sec. 12. Minnesota Statutes 1994, section 256B.0915, 98.24 subdivision 5, is amended to read: 98.25 Subd. 5. [REASSESSMENTS FOR WAIVER CLIENTS.] A 98.26 reassessment of a client served under the elderly or disabled 98.27 waiver must be conducted at least everysix12 months and at 98.28 other times when the case manager determines that there has been 98.29 significant change in the client's functioning. This may 98.30 include instances where the client is discharged from the 98.31 hospital. 98.32 Sec. 13. Minnesota Statutes 1994, section 256B.0915, is 98.33 amended by adding a subdivision to read: 98.34 Subd. 6. [NOTIFICATION.] If the county of service is 98.35 different from the county of financial responsibility for an 98.36 elderly or disabled waiver client, the county of service must 99.1 notify the county of financial responsibility verbally or in 99.2 writing that the client is eligible to receive elderly or 99.3 disabled waiver services. If the county of financial 99.4 responsibility requests additional information regarding the 99.5 client's eligibility for services, the county of service must 99.6 provide the requested information. 99.7 Sec. 14. Minnesota Statutes 1994, section 256B.093, 99.8 subdivision 1, is amended to read: 99.9 Subdivision 1. [STATE TRAUMATIC BRAIN INJURY PROGRAM.] The 99.10 commissioner of human services shall: 99.11 (1)establish andmaintain statewide traumatic brain injury 99.12 program; 99.13 (2) designate a full-time position to supervise and 99.14 coordinate services and policies for persons with traumatic 99.15 brain injuries; 99.16 (3) contract with qualified agencies or employ staff to 99.17 provide statewide administrative case management and 99.18 consultation; 99.19 (4)establishmaintain an advisory committee to provide 99.20 recommendations in a report to the commissioner regarding 99.21 program and service needs of persons with traumatic brain 99.22 injuries. The advisory committee shall consist of no less than 99.23 ten members and no more than 30 members. The commissioner shall 99.24 appoint all advisory committee members to one- or two-year terms 99.25 and appoint one member as chair;and99.26 (5)investigate the need for the development of rules or99.27statutes for:99.28(i)develop rules for traumatic brain injury home and 99.29 community-based services waiver; and 99.30(ii) traumatic brain injury services not covered by any99.31other statute or rule(6) investigate present and potential 99.32 models of service coordination which can be delivered at the 99.33 local level. 99.34 Sec. 15. Minnesota Statutes 1994, section 256B.093, 99.35 subdivision 2, is amended to read: 99.36 Subd. 2. [ELIGIBILITY.] Persons eligible for traumatic