HF 818

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; modifying the treatment of 
  1.3             assets under medical assistance for employed persons 
  1.4             with disabilities; amending Minnesota Statutes 2000, 
  1.5             section 256B.056, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 256B.056, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [ASSET LIMITATIONS.] To be eligible for medical 
  1.10  assistance, a person must not individually own more than $3,000 
  1.11  in assets, or if a member of a household with two family 
  1.12  members, husband and wife, or parent and child, the household 
  1.13  must not own more than $6,000 in assets, plus $200 for each 
  1.14  additional legal dependent.  In addition to these maximum 
  1.15  amounts, an eligible individual or family may accrue interest on 
  1.16  these amounts, but they must be reduced to the maximum at the 
  1.17  time of an eligibility redetermination.  The accumulation of the 
  1.18  clothing and personal needs allowance according to section 
  1.19  256B.35 must also be reduced to the maximum at the time of the 
  1.20  eligibility redetermination.  The value of assets that are not 
  1.21  considered in determining eligibility for medical assistance is 
  1.22  the value of those assets excluded under the AFDC state plan as 
  1.23  of July 16, 1996, as required by the Personal Responsibility and 
  1.24  Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 
  1.25  Number 104-193, for families and children, and the supplemental 
  2.1   security income program for aged, blind, and disabled persons, 
  2.2   with the following exceptions: 
  2.3      (a) Household goods and personal effects are not considered.
  2.4      (b) Capital and operating assets of a trade or business 
  2.5   that the local agency determines are necessary to the person's 
  2.6   ability to earn an income are not considered. 
  2.7      (c) Motor vehicles are excluded to the same extent excluded 
  2.8   by the supplemental security income program. 
  2.9      (d) Assets designated as burial expenses are excluded to 
  2.10  the same extent excluded by the supplemental security income 
  2.11  program. 
  2.12     (e) For a person who no longer qualifies as an employed 
  2.13  person with a disability due to loss of earnings, assets allowed 
  2.14  while eligible for medical assistance under section 256B.057, 
  2.15  subdivision 9, are not considered for 12 months, beginning with 
  2.16  the first month of ineligibility as an employed person with a 
  2.17  disability, to the extent that the person's total assets remain 
  2.18  within the allowed limits of section 256B.057, subdivision 9, 
  2.19  paragraph (b). 
  2.20     Sec. 2.  [EFFECTIVE DATE.] 
  2.21     Section 1 is effective upon federal approval.