HF 1619

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; allowing incarcerated individuals remain eligible for
medical assistance until conviction; amending Minnesota Statutes 2006, section
256B.055, subdivision 14.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 256B.055, subdivision 14, is amended to
read:

Subd. 14.

Persons detained by law.

(a) Medical assistance may be paid for an
inmate of a correctional facility who is conditionally released as authorized under section
241.26, 244.065, or 631.425, if the individual does not require the security of a public
detention facility and is housed in a halfway house or community correction center, or
under house arrest and monitored by electronic surveillance in a residence approved
by the commissioner of corrections, and if the individual meets the other eligibility
requirements of this chapter.

new text begin (b) An individual who is eligible for medical assistance, and who is charged with a
crime and incarcerated but not convicted, continues to be eligible for medical assistance
until the individual is convicted. Medical assistance must be suspended at the time of
incarceration as required under paragraph (c). Upon release, the individual continues
to be eligible for medical assistance, without reapplication, until the individual's next
redetermination review.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end An individual, regardless of age, who is considered an inmate of a public
institution as defined in Code of Federal Regulations, title 42, section 435.1009, is not
eligible for medical assistance.