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HF 1728

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:54am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; amending child care programs, program integrity,
adult supports including general assistance medical care and group residential
housing, and Minnesota family investment program; amending Minnesota
Statutes 2008, sections 119B.011, subdivision 3; 119B.08, subdivision
2; 119B.09, subdivision 1; 119B.12, subdivision 1; 119B.13, subdivision
6; 119B.15; 119B.231, subdivision 3; 256.014, subdivision 1; 256.0471,
subdivision 1, by adding a subdivision; 256D.01, subdivision 1b; 256D.44,
subdivision 3; 256I.04, subdivisions 2a, 3; 256I.05, subdivision 1k; 256J.24,
subdivision 5; 256J.425, subdivisions 2, 3; 256J.521, subdivision 2; 256J.545;
256J.561, subdivision 2; 256J.575, subdivision 3; 256J.626, subdivision 7;
256J.95, subdivisions 11, 13.

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

ARTICLE 1

CHILD CARE

Section 1.

Minnesota Statutes 2008, section 119B.011, subdivision 3, is amended to
read:


Subd. 3.

Application.

"Application" means the submission to a county agency, by
or on behalf of a family, of a completed, signed, and datednew text begin:new text end

new text begin (1) new text endchild care assistance universal application form deleted text beginthat indicates the family's desire
to receive assistance.
deleted text endnew text begin; or
new text end

new text begin (2) child care addendum form in combination with a combined application form
for MFIP, DWP, or food support.
new text end

Sec. 2.

Minnesota Statutes 2008, section 119B.08, subdivision 2, is amended to read:


Subd. 2.

deleted text beginQuarterlydeleted text endnew text begin Monthlynew text end payments.

deleted text beginThe commissioner may make payments
to each county in quarterly installments. The commissioner may certify an advance
up to 25 percent of the allocation. Subsequent
deleted text endnew text begin The commissioner shall make monthlynew text end
payments deleted text beginshall be madedeleted text end on a reimbursement basis for deleted text beginreporteddeleted text end expenditures deleted text beginand may be
adjusted for anticipated spending patterns
deleted text endnew text begin reported outside of the electronic system used to
administer child care assistance
new text end. Payments may be withheld if deleted text beginquarterlydeleted text end new text beginmonthly new text endreports
are incomplete or untimely.

Sec. 3.

Minnesota Statutes 2008, section 119B.09, subdivision 1, is amended to read:


Subdivision 1.

General eligibility requirements for all applicants for child
care assistance.

(a) Child care services must be available to families who need child
care to find or keep employment or to obtain the training or education necessary to find
employment and who:

(1) have household income less than or equal to 67 percent of the state median
income, adjusted for family size, and meet the requirements of section 119B.05; receive
MFIP assistance; and are participating in employment and training services under chapter
256J; or

(2) have household income less than or equal to 47 percent of the state median
income, adjusted for family size, at program entry and less than new text beginor equal to new text end67 percent of
the state median income, adjusted for family size, at program exit.

(b) Child care services must be made available as in-kind services.

(c) All applicants for child care assistance and families currently receiving child care
assistance must be assisted and required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the family as a condition
of program eligibility. For purposes of this section, a family is considered to meet the
requirement for cooperation when the family complies with the requirements of section
256.741.

Sec. 4.

Minnesota Statutes 2008, section 119B.12, subdivision 1, is amended to read:


Subdivision 1.

Fee schedule.

deleted text begin In setting the sliding fee schedule, the commissioner
shall exclude from the amount of income used to determine eligibility an amount for
federal and state income and Social Security taxes attributable to that income level
according to federal and state standardized tax tables. The commissioner shall base the
parent fee on the ability of the family to pay for child care. The fee schedule must be
designed to use any available tax credits.
deleted text end new text begin All changes to parent fees must be implemented
on the first Monday of the service period following the effective date of the change.
new text end

PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted
in subdivision 2:

Income Range (as a percent of the state
median income, except at the start of the
first tier)
Co-payment (as a percentage of adjusted
gross income)
0-74.99% of federal poverty guidelines
$0/month
75.00-99.99% of federal poverty guidelines
$5/month
100.00% of federal poverty
guidelines-27.72%
2.61%
27.73-29.04%
2.61%
29.05-30.36%
2.61%
30.37-31.68%
2.61%
31.69-33.00%
2.91%
33.01-34.32%
2.91%
34.33-35.65%
2.91%
35.66-36.96%
2.91%
36.97-38.29%
3.21%
38.30-39.61%
3.21%
39.62-40.93%
3.21%
40.94-42.25%
3.84%
42.26-43.57%
3.84%
43.58-44.89%
4.46%
44.90-46.21%
4.76%
46.22-47.53%
5.05%
47.54-48.85%
5.65%
48.86-50.17%
5.95%
50.18-51.49%
6.24%
51.50-52.81%
6.84%
52.82-54.13%
7.58%
54.14-55.45%
8.33%
55.46-56.77%
9.20%
56.78-58.09%
10.07%
58.10-59.41%
10.94%
59.42-60.73%
11.55%
60.74-62.06%
12.16%
62.07-63.38%
12.77%
63.39-64.70%
13.38%
64.71-66.99%
14.00%
67.00%
ineligible

A family's monthly co-payment fee is the fixed percentage established for the
income range multiplied by the highest possible income within that income range.

Sec. 5.

Minnesota Statutes 2008, section 119B.13, subdivision 6, is amended to read:


Subd. 6.

Provider payments.

deleted text begin (a) Counties or the state shall make vendor payments
to the child care provider or pay the parent directly for eligible child care expenses.
deleted text end

deleted text begin (b) If payments for child care assistance are made to providers,deleted text endnew text begin (a)new text end The provider
shall bill deleted text beginthe countydeleted text end for services provided within ten days of the end of the service period.
If bills are submitted within ten days of the end of the service period, deleted text begina county or the state
shall issue payment to the provider of child care
deleted text endnew text begin paymentsnew text end under the child care fundnew text begin shall
be made
new text end within 30 days of receiving a bill from the provider. Counties or the state may
establish policies that make payments on a more frequent basis.

deleted text begin (c)deleted text endnew text begin (b)new text end All bills must be submitted within 60 days of the last date of service on the
bill. deleted text beginA county may paydeleted text end A bill submitted more than 60 days after the last date of service
new text begin must be paid new text endif the new text begincounty determines that the new text endprovider deleted text beginshowsdeleted text endnew text begin has shownnew text end good cause why
the bill was not submitted within 60 days. Good cause must be defined in the county's
child care fund plan under section 119B.08, subdivision 3, and the definition of good cause
must include county error. deleted text beginA county may not paydeleted text end Any bill submitted more than a year
after the last date of service on the billnew text begin must not be paidnew text end.

deleted text begin (d)deleted text endnew text begin (c)new text end A county may stop payment issued to a provider or may refuse to pay a
bill submitted by a provider if:

(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms; or

(2) a county finds by a preponderance of the evidence that the provider intentionally
gave the county materially false information on the provider's billing forms.

deleted text begin (e)deleted text endnew text begin (d)new text end A county's payment policies must be included in the county's child care plan
under section 119B.08, subdivision 3. If payments are made by the state, in addition to
being in compliance with this subdivision, the payments must be made in compliance
with section 16A.124.

Sec. 6.

Minnesota Statutes 2008, section 119B.15, is amended to read:


119B.15 ADMINISTRATIVE EXPENSES.

The commissioner shall use up to 1/21 of the state and federal funds available for
the basic sliding fee program and 1/21 of the state and federal funds available for the
MFIP child care program for payments to counties for administrative expenses.new text begin The
commissioner shall make monthly payments to each county based on direct service
expenditures. Payments may be withheld if monthly reports are incomplete or untimely.
new text end

Sec. 7.

Minnesota Statutes 2008, section 119B.231, subdivision 3, is amended to read:


Subd. 3.

Family and child eligibility.

(a) A family eligible to choose an SRSA
provider for their children shall:

(1) be eligible to receive child care assistance under any provision in chapter 119B
except section 119B.035;

(2) be in an authorized activity for an average of at least 35 hours per week when
initial eligibility is determined; and

(3) include a child who has not yet entered kindergarten.

(b) A family who is determined to be eligible to choose an SRSA provider remains
eligible to be paid at a higher rate through the SRSA provider when the following
conditions exist:

(1) the child attends child care with the SRSA provider a minimum of 25 hours per
week, on average;

(2) the family has a child who has not yet entered kindergarten; and

(3) the family maintains eligibility under chapter 119B except section 119B.035.

(c) deleted text beginFor the 12 monthsdeleted text end After initial eligibility has been determined, a decrease in
the family's authorized activities to an average of less than 35 hours per week does not
result in ineligibility for the SRSA rate.

(d) A family that moves between counties but continues to use the same SRSA
provider shall continue to receive SRSA funding for the increased payments.

ARTICLE 2

PROGRAM INTEGRITY

Section 1.

Minnesota Statutes 2008, section 256.014, subdivision 1, is amended to read:


Subdivision 1.

Establishment of systems.

new text begin(a) new text endThe commissioner of human services
shall establish and enhance computer systems necessary for the efficient operation of the
programs the commissioner supervises, including:

(1) management and administration of the food stamp, food support, and income
maintenance programs, including the electronic distribution of benefits;

(2) management and administration of the child support enforcement program; and

(3) administration of medical assistance and general assistance medical care.

new text begin (b) The commissioner's development costs incurred by computer systems for
statewide programs administered by that computer system and mandated by state or
federal law must not be assessed against county agencies. The commissioner may
charge a county for development and operating costs incurred by computer systems for
functions requested by the county and not mandated by state or federal law for programs
administered by the computer system incurring the cost.
new text end

new text begin (c) new text endThe commissioner shall distribute the nonfederal share of the costs of operating
and maintaining the systems to the commissioner and to the counties participating in the
system in a manner that reflects actual system usage, except that the nonfederal share of
the costs of the MAXIS computer system and child support enforcement systems new text beginfor
statewide programs administered by those systems and mandated by state or federal law
new text endshall be borne entirely by the commissioner. deleted text beginDevelopment costs must not be assessed
against county agencies.
deleted text end

The commissioner may enter into contractual agreements with federally recognized
Indian tribes with a reservation in Minnesota to participate in state-operated computer
systems related to the management and administration of the food stamp, food support,
income maintenance, child support enforcement, and medical assistance and general
assistance medical care programs to the extent necessary for the tribe to operate a federally
approved family assistance program or any other program under the supervision of the
commissioner.

Sec. 2.

Minnesota Statutes 2008, section 256.0471, subdivision 1, is amended to read:


Subdivision 1.

Qualifying overpayment.

Any overpayment for assistance granted
under chapter 119B, the MFIP program formerly codified under sections 256.031 to
256.0361, and the AFDC program formerly codified under sections 256.72 to 256.871;
chapters 256Bnew text begin for state-funded medical assistancenew text end, 256D, 256I, 256J, deleted text beginanddeleted text end 256Knew text begin, and 256L
for state-funded MinnesotaCare
new text end; and the food stamp or food support program, except
agency error claims, become a judgment by operation of law 90 days after the notice of
overpayment is personally served upon the recipient in a manner that is sufficient under
rule 4.03(a) of the Rules of Civil Procedure for district courts, or by certified mail, return
receipt requested. This judgment shall be entitled to full faith and credit in this and any
other state.

Sec. 3.

Minnesota Statutes 2008, section 256.0471, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Administrative renewal of overpayment judgments. new text end

new text begin Overpayment
judgments may be renewed by service of notice upon the debtor. Service must be by first
class mail at the last known address of the debtor, with service deemed complete upon
mailing in that manner designated, or in the manner provided for the service of civil
process. Upon filing of the notice and proof of service, the court administrator shall
administratively renew the judgment for the overpayment without any additional filing
fee in the same court file as the original overpayment judgment. The judgment must be
renewed in an amount equal to the unpaid principle plus the accrued unpaid interest.
Overpayment judgments may be renewed multiple times until satisfied.
new text end

ARTICLE 3

ADULT SUPPORTS

Section 1.

Minnesota Statutes 2008, section 256D.01, subdivision 1b, is amended to
read:


Subd. 1b.

Rules.

The commissioner shall adopt rules to set standards of assistance
and methods of calculating payment to conform with subdivision 1a. deleted text beginThe minimum
standards of assistance shall authorize the payment of rates negotiated by county agencies
for recipients living in a room and board arrangement according to sections 256I.01 to
256I.06.
deleted text end When a recipient is a resident of a deleted text beginregional treatment center, or a residence
with a negotiated rate,
deleted text endnew text begin licensed residential facility, except shelters for the homeless or
shelters under section 611A.31,
new text end the recipient is not eligible for a full general assistance
standard. The state standard of assistance for those recipients new text beginwho have personal needs not
otherwise provided for
new text endis the personal needs allowance authorized for medical assistance
recipients under section 256B.35.

Sec. 2.

Minnesota Statutes 2008, section 256D.44, subdivision 3, is amended to read:


Subd. 3.

Standard of assistance for basic needs.

Except as provided in subdivision
4, the monthly state standard of assistance for basic needs is as follows:

(a) If an applicant or recipient does not reside with another person or persons, the
state standard of assistance is $519.

(b) If an applicant married couple or recipient married couple who live together,
does not reside with others, the state standard of assistance is $778.

(c) If an applicant or recipient resides with another person or persons, the state
standard of assistance is $395.

(d) If an applicant married couple or recipient married couple who live together,
resides with others, the state standard of assistance is $519.

(e) Married couples, living together who do not reside with others and were
receiving MSA prior to January 1, 1994, and whose eligibility has not been terminated a
full calendar month, the state standard of assistance is $793.

(f) Married couples living together who reside with others and were receiving MSA
prior to January 1, 1994, and whose eligibility has not been terminated a full calendar
month, the state standard of assistance is $782.

(g) For an individual who new text begin(1) receives Social Security insurance under federal
living arrangement D or (2)
new text endis a resident of a deleted text beginnursing home, a regional treatment center
or a group
deleted text end new text beginlicensed new text endresidential deleted text beginhousingdeleted text end facilitynew text begin and has unmet personal needsnew text end, the state
standard of assistance is the personal needs allowance for medical assistance recipients
under section 256B.35.

Sec. 3.

Minnesota Statutes 2008, section 256I.04, subdivision 2a, is amended to read:


Subd. 2a.

License required.

A county agency may not enter into an agreement with
an establishment to provide group residential housing unless:

(1) the establishment is licensed by the Department of Health as a hotel and
restaurant; a board and lodging establishment; a residential care home; a boarding care
home before March 1, 1985; or a supervised living facility, and the service provider
for residents of the facility is licensed under chapter 245A. However, an establishment
licensed by the Department of Health to provide lodging need not also be licensed to
provide board if meals are being supplied to residents under a contract with a food vendor
who is licensed by the Department of Health;

(2) the residence isnew text begin: (i)new text end licensed by the commissioner of human services under
Minnesota Rules, parts 9555.5050 to 9555.6265deleted text begin, ordeleted text endnew text begin; (ii)new text end certified by a county human
services agency prior to July 1, 1992, using the standards under Minnesota Rules,
parts 9555.5050 to 9555.6265;new text begin or (iii) a residence licensed by the commissioner under
Minnesota Rules, parts 2960.0010 to 2960.0120, with a variance under section 245A.04,
subdivision 9;
new text end

(3) the establishment is registered under chapter 144D and provides three meals a
day, or is an establishment voluntarily registered under section 144D.025 as a supportive
housing establishment; or

(4) an establishment voluntarily registered under section 144D.025, other than
a supportive housing establishment under clause (3), is not eligible to provide group
residential housing.

The requirements under clauses (1)deleted text begin, (2), (3), anddeleted text endnew text begin tonew text end (4) do not apply to establishments
exempt from state licensure because they are located on Indian reservations and subject
to tribal health and safety requirements.

Sec. 4.

Minnesota Statutes 2008, section 256I.04, subdivision 3, is amended to read:


Subd. 3.

Moratorium on the development of group residential housing beds.

(a)
County agencies shall not enter into agreements for new group residential housing beds
with total rates in excess of the MSA equivalent rate except:

(1) for group residential housing establishments licensed under Minnesota Rules,
parts 9525.0215 to 9525.0355, provided the facility is needed to meet the census reduction
targets for persons with developmental disabilities at regional treatment centers;

(2) to ensure compliance with the federal Omnibus Budget Reconciliation Act
alternative disposition plan requirements for inappropriately placed persons with
developmental disabilities or mental illness;

(3) up to 80 beds in a single, specialized facility located in Hennepin County that will
provide housing for chronic inebriates who are repetitive users of detoxification centers
and are refused placement in emergency shelters because of their state of intoxication,
and planning for the specialized facility must have been initiated before July 1, 1991,
in anticipation of receiving a grant from the Housing Finance Agency under section
462A.05, subdivision 20a, paragraph (b);

(4) notwithstanding the provisions of subdivision 2a, for up to 190 supportive
housing units in Anoka, Dakota, Hennepin, or Ramsey County for homeless adults with a
mental illness, a history of substance abuse, or human immunodeficiency virus or acquired
immunodeficiency syndrome. For purposes of this section, "homeless adult" means a
person who is living on the street or in a shelter or discharged from a regional treatment
center, community hospital, or residential treatment program and has no appropriate
housing available and lacks the resources and support necessary to access appropriate
housing. At least 70 percent of the supportive housing units must serve homeless adults
with mental illness, substance abuse problems, or human immunodeficiency virus or
acquired immunodeficiency syndrome who are about to be or, within the previous six
months, has been discharged from a regional treatment center, or a state-contracted
psychiatric bed in a community hospital, or a residential mental health or chemical
dependency treatment program. If a person meets the requirements of subdivision 1,
paragraph (a), and receives a federal or state housing subsidy, the group residential housing
rate for that person is limited to the supplementary rate under section 256I.05, subdivision
1a
, and is determined by subtracting the amount of the person's countable income that
exceeds the MSA equivalent rate from the group residential housing supplementary rate.
A resident in a demonstration project site who no longer participates in the demonstration
program shall retain eligibility for a group residential housing payment in an amount
determined under section 256I.06, subdivision 8, using the MSA equivalent rate. Service
funding under section 256I.05, subdivision 1a, will end June 30, 1997, if federal matching
funds are available and the services can be provided through a managed care entity. If
federal matching funds are not available, then service funding will continue under section
256I.05, subdivision 1a;

(5) for group residential housing beds in settings meeting the requirements of
subdivision 2a, clauses (1) and (3), which are used exclusively for recipients receiving
home and community-based waiver services under sections 256B.0915, 256B.092,
subdivision 5
, 256B.093, and 256B.49, and who resided in a nursing facility for the six
months immediately prior to the month of entry into the group residential housing setting.
The group residential housing rate for these beds must be set so that the monthly group
residential housing payment for an individual occupying the bed when combined with the
nonfederal share of services delivered under the waiver for that person does not exceed
the nonfederal share of the monthly medical assistance payment made for the person to
the nursing facility in which the person resided prior to entry into the group residential
housing establishment. The rate may not exceed the MSA equivalent rate plus $426.37
for any case;

(6) for an additional two beds, resulting in a total of 32 beds, for a facility located in
Hennepin County providing services for recovering and chemically dependent men that
has had a group residential housing contract with the county and has been licensed as a
board and lodge facility with special services since 1980;

(7) for a group residential housing provider located in deleted text beginStearns Countydeleted text end new text beginthe city
of St. Cloud, or a county contiguous to the city of St. Cloud,
new text endthat operates a 40-bed
facility, that received financing through the Minnesota Housing Finance Agency Ending
Long-Term Homelessness Initiative and serves chemically dependent clientele, providing
24-hour-a-day supervision;

(8) for a new 65-bed facility in Crow Wing County that will serve chemically
dependent persons, operated by a group residential housing provider that currently
operates a 304-bed facility in Minneapolis, and a 44-bed facility in Duluth;

(9) for a group residential housing provider that operates two ten-bed facilities, one
located in Hennepin County and one located in Ramsey County, that provide community
support and 24-hour-a-day supervision to serve the mental health needs of individuals
who have chronically lived unsheltered; and

(10) for a group residential facility in Hennepin County with a capacity of up to 48
beds that has been licensed since 1978 as a board and lodging facility and that until August
1, 2007, operated as a licensed chemical dependency treatment program.

(b) A county agency may enter into a group residential housing agreement for beds
with rates in excess of the MSA equivalent rate in addition to those currently covered
under a group residential housing agreement if the additional beds are only a replacement
of beds with rates in excess of the MSA equivalent rate which have been made available
due to closure of a setting, a change of licensure or certification which removes the beds
from group residential housing payment, or as a result of the downsizing of a group
residential housing setting. The transfer of available beds from one county to another can
only occur by the agreement of both counties.

Sec. 5.

Minnesota Statutes 2008, section 256I.05, subdivision 1k, is amended to read:


Subd. 1k.

Supplementary rate for certain facilities; Stearnsnew text begin, Sherburne, or
Benton
new text end County.

Notwithstanding the provisions of this section, beginning July 1,
deleted text begin 2007deleted text endnew text begin 2009new text end, a county agency shall negotiate a supplementary service rate in addition
to the rate specified in subdivision 1, not to exceed $700 per month, including any
legislatively authorized inflationary adjustments, for a group residential housing
provider located in Stearnsnew text begin, Sherburne, or Bentonnew text end County that operates a 40-bed
facility, that received financing through the Minnesota Housing Finance Agency Ending
Long-Term Homelessness Initiative and serves chemically dependent clientele, providing
24-hour-a-day supervision.

ARTICLE 4

MFIP

Section 1.

Minnesota Statutes 2008, section 256J.24, subdivision 5, is amended to read:


Subd. 5.

MFIP transitional standard.

The MFIP transitional standard is based
on the number of persons in the assistance unit eligible for both food and cash assistance
unless the restrictions in subdivision 6 on the birth of a child apply. The following table
represents the transitional standards effective deleted text beginOctober 1, 2007deleted text endnew text begin April 1, 2009new text end.

Number of Eligible People
Transitional Standard
Cash Portion
Food Portion
1
deleted text begin$391deleted text endnew text begin $428new text end:
$250
deleted text begin $141 deleted text end new text begin $178
new text end
2
deleted text begin$698deleted text endnew text begin $764new text end:
$437
deleted text begin $261 deleted text end new text begin $327
new text end
3
deleted text begin$910deleted text endnew text begin$1,005new text end:
$532
deleted text begin $378 deleted text end new text begin $473
new text end
4
deleted text begin$1,091deleted text endnew text begin $1,217new text end:
$621
deleted text begin $470 deleted text end new text begin $596
new text end
5
deleted text begin$1,245deleted text endnew text begin $1,393new text end:
$697
deleted text begin $548 deleted text end new text begin $696
new text end
6
deleted text begin$1,425deleted text endnew text begin$1,602new text end:
$773
deleted text begin $652 deleted text end new text begin $829
new text end
7
deleted text begin$1,553deleted text endnew text begin $1,748new text end:
$850
deleted text begin $703 deleted text end new text begin $898
new text end
8
deleted text begin$1,713deleted text endnew text begin $1,934new text end:
$916
deleted text begin $797 deleted text end new text begin $1,018
new text end
9
deleted text begin$1,871deleted text endnew text begin $2,119new text end:
$980
deleted text begin $891 deleted text end new text begin $1,139
new text end
10
deleted text begin$2,024deleted text endnew text begin $2,298new text end:
$1,035
deleted text begin $989 deleted text end new text begin $1,263
new text end
over 10
add deleted text begin$151deleted text endnew text begin $178new text end:
$53
deleted text begin $98 deleted text end new text begin $125
new text end
per additional member.

The commissioner shall annually publish in the State Register the transitional
standard for an assistance unit sizes 1 to 10 including a breakdown of the cash and food
portions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from April 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 256J.425, subdivision 2, is amended to read:


Subd. 2.

Ill or incapacitated.

(a) An assistance unit subject to the time limit in
section 256J.42, subdivision 1, is eligible to receive months of assistance under a hardship
extension if the participant who reached the time limit belongs to any of the following
groups:

(1) participants who are suffering from an illness, injury, or incapacity which
has been certified by a qualified professional when the illness, injury, or incapacity is
expected to continue for more than 30 days and deleted text beginprevents the person from obtaining or
retaining employment
deleted text endnew text begin severely limits the person's ability to obtain or maintain suitable
employment
new text end. These participants must follow the treatment recommendations of the
qualified professional certifying the illness, injury, or incapacity;

(2) participants whose presence in the home is required as a caregiver because of
the illness, injury, or incapacity of another member in the assistance unit, a relative in the
household, or a foster child in the household when the illness or incapacity and the need
for a person to provide assistance in the home has been certified by a qualified professional
and is expected to continue for more than 30 days; or

(3) caregivers with a child or an adult in the household who meets the disability or
medical criteria for home care services under section 256B.0651, subdivision 1, paragraph
(c), or a home and community-based waiver services program under chapter 256B, or
meets the criteria for severe emotional disturbance under section 245.4871, subdivision
6
, or for serious and persistent mental illness under section 245.462, subdivision 20,
paragraph (c). Caregivers in this category are presumed to be prevented from obtaining
or retaining employment.

(b) An assistance unit receiving assistance under a hardship extension under this
subdivision may continue to receive assistance as long as the participant meets the criteria
in paragraph (a), clause (1), (2), or (3).

Sec. 3.

Minnesota Statutes 2008, section 256J.425, subdivision 3, is amended to read:


Subd. 3.

Hard-to-employ participants.

new text begin(a) new text endAn assistance unit subject to the time
limit in section 256J.42, subdivision 1, is eligible to receive months of assistance under
a hardship extension if the participant who reached the time limit belongs to any of the
following groups:

(1) a person who is diagnosed by a licensed physician, psychological practitioner,
or other qualified professional, as developmentally disabled or mentally ill, and deleted text beginthat
condition prevents the person from obtaining or retaining unsubsidized employment
deleted text endnew text begin the
condition severely limits the person's ability to obtain or maintain suitable employment
new text end;

(2) a person who:

(i) has been assessed by a vocational specialist or the county agency to be
unemployable for purposes of this subdivision; or

(ii) has an IQ below 80 who has been assessed by a vocational specialist or a county
agency to be employable, but deleted text beginnot at a level that makes the participant eligible for an
extension under subdivision 4
deleted text endnew text begin the condition severely limits the person's ability to obtain or
maintain suitable employment
new text end. The determination of IQ level must be made by a qualified
professional. In the case of a non-English-speaking person: (A) the determination must
be made by a qualified professional with experience conducting culturally appropriate
assessments, whenever possible; (B) the county may accept reports that identify an
IQ range as opposed to a specific score; (C) these reports must include a statement of
confidence in the results;

(3) a person who is determined by a qualified professional to be learning disabled,
and the deleted text begindisabilitydeleted text endnew text begin conditionnew text end severely limits the person's ability to obtaindeleted text begin, perform,deleted text end or
maintain suitable employment. For purposes of the initial approval of a learning disability
extension, the determination must have been made or confirmed within the previous 12
months. In the case of a non-English-speaking person: (i) the determination must be made
by a qualified professional with experience conducting culturally appropriate assessments,
whenever possible; and (ii) these reports must include a statement of confidence in the
results. If a rehabilitation plan for a participant extended as learning disabled is developed
or approved by the county agency, the plan must be incorporated into the employment
plan. However, a rehabilitation plan does not replace the requirement to develop and
comply with an employment plan under section 256J.521; or

(4) a person who has been granted a family violence waiver, and who is complying
with an employment plan under section 256J.521, subdivision 3.

new text begin (b) For purposes of this section, "severely limits the person's ability to obtain or
maintain suitable employment" means that a qualified professional has determined that the
person's condition prevents the person from working 20 or more hours per week.
new text end

Sec. 4.

Minnesota Statutes 2008, section 256J.521, subdivision 2, is amended to read:


Subd. 2.

Employment plan; contents.

(a) Based on the assessment under
subdivision 1, the job counselor and the participant must develop an employment plan
that includes participation in activities and hours that meet the requirements of section
256J.55, subdivision 1. The purpose of the employment plan is to identify for each
participant the most direct path to unsubsidized employment and any subsequent steps that
support long-term economic stability. The employment plan should be developed using
the highest level of activity appropriate for the participant. Activities must be chosen from
clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of
preference for activities, priority must be given for activities related to a family violence
waiver when developing the employment plan. The employment plan must also list the
specific steps the participant will take to obtain employment, including steps necessary
for the participant to progress from one level of activity to another, and a timetable for
completion of each step. Levels of activity include:

(1) unsubsidized employment;

(2) job search;

(3) subsidized employment or unpaid work experience;

(4) unsubsidized employment and job readiness education or job skills training;

(5) unsubsidized employment or unpaid work experience and activities related to
a family violence waiver or preemployment needs; and

(6) activities related to a family violence waiver or preemployment needs.

(b) Participants who are determined to possess sufficient skills such that the
participant is likely to succeed in obtaining unsubsidized employment must job search at
least 30 hours per week for up to six weeks and accept any offer of suitable employment.
The remaining hours necessary to meet the requirements of section 256J.55, subdivision
1
, may be met through participation in other work activities under section 256J.49,
subdivision 13
. The participant's employment plan must specify, at a minimum: (1)
whether the job search is supervised or unsupervised; (2) support services that will
be provided; and (3) how frequently the participant must report to the job counselor.
Participants who are unable to find suitable employment after six weeks must meet
with the job counselor to determine whether other activities in paragraph (a) should be
incorporated into the employment plan. Job search activities which are continued after six
weeks must be structured and supervised.

deleted text begin (c) Beginning July 1, 2004, activities and hourly requirements in the employment
plan may be adjusted as necessary to accommodate the personal and family circumstances
of participants identified under section 256J.561, subdivision 2, paragraph (d). Participants
who no longer meet the provisions of section 256J.561, subdivision 2, paragraph (d),
must meet with the job counselor within ten days of the determination to revise the
employment plan.
deleted text end

deleted text begin (d)deleted text end new text begin(c) new text endParticipants who are determined to have barriers to obtaining or retaining
employment that will not be overcome during six weeks of job search under paragraph (b)
must work with the job counselor to develop an employment plan that addresses those
barriers by incorporating appropriate activities from paragraph (a), clauses (1) to (6).
The employment plan must include enough hours to meet the participation requirements
in section 256J.55, subdivision 1, unless a compelling reason to require fewer hours
is noted in the participant's file.

deleted text begin (e)deleted text end new text begin(d) new text endThe job counselor and the participant must sign the employment plan to
indicate agreement on the contents.

deleted text begin (f)deleted text end new text begin(e) new text endExcept as provided under paragraph deleted text begin(g)deleted text endnew text begin (f)new text end, failure to develop or comply with
activities in the plan, or voluntarily quitting suitable employment without good cause, will
result in the imposition of a sanction under section 256J.46.

deleted text begin (g)deleted text end new text begin(f) new text endWhen a participant fails to meet the agreed upon hours of participation in paid
employment because the participant is not eligible for holiday pay and the participant's
place of employment is closed for a holiday, the job counselor shall not impose a sanction
or increase the hours of participation in any other activity, including paid employment, to
offset the hours that were missed due to the holiday.

deleted text begin (h)deleted text end new text begin(g) new text endEmployment plans must be reviewed at least every three months to determine
whether activities and hourly requirements should be revised. The job counselor is
encouraged to allow participants who are participating in at least 20 hours of work
activities to also participate in education and training activities in order to meet the federal
hourly participation rates.

Sec. 5.

Minnesota Statutes 2008, section 256J.545, is amended to read:


256J.545 FAMILY VIOLENCE WAIVER CRITERIA.

(a) In order to qualify for a family violence waiver, an individual must provide
documentation of past or current family violence which may prevent the individual from
participating in certain employment activities.

(b) The following items may be considered acceptable documentation or verification
of family violence:

(1) police, government agency, or court records;

(2) a statement from a battered women's shelter staff with knowledge of the
circumstances deleted text beginor credible evidence that supports the sworn statementdeleted text end;

(3) a statement from a sexual assault or domestic violence advocate with knowledge
of the circumstances deleted text beginor credible evidence that supports the sworn statementdeleted text end; or

(4) a statement from professionals from whom the applicant or recipient has sought
assistance for the abuse.

(c) A claim of family violence may also be documented by a sworn statement from
the applicant or participant and a sworn statement from any other person with knowledge
of the circumstances or credible evidence that supports the client's statement.

Sec. 6.

Minnesota Statutes 2008, section 256J.561, subdivision 2, is amended to read:


Subd. 2.

Participation requirements.

(a) All MFIP caregivers, except caregivers
who meet the criteria in subdivision 3, must deleted text beginparticipate in employment servicesdeleted text endnew text begin develop an
individualized employment plan that identifies the activities the participant is required to
participate in and the required hours of participation
new text end. deleted text beginExcept as specified in paragraphs (b)
to (d), the employment plan must meet the requirements of section 256J.521, subdivision
2
, contain allowable work activities, as defined in section 256J.49, subdivision 13, and,
include at a minimum, the number of participation hours required under section 256J.55,
subdivision 1
.
deleted text end

deleted text begin (b) Minor caregivers and caregivers who are less than age 20 who have not
completed high school or obtained a GED are required to comply with section 256J.54.
deleted text end

deleted text begin (c) A participant who has a family violence waiver shall develop and comply with
an employment plan under section 256J.521, subdivision 3.
deleted text end

deleted text begin (d) As specified in section 256J.521, subdivision 2, paragraph (c), a participant who
meets any one of the following criteria may work with the job counselor to develop an
employment plan that contains less than the number of participation hours under section
256J.55, subdivision 1. Employment plans for participants covered under this paragraph
must be tailored to recognize the special circumstances of caregivers and families
including limitations due to illness or disability and caregiving needs:
deleted text end

deleted text begin (1) a participant who is age 60 or older;
deleted text end

deleted text begin (2) a participant who has been diagnosed by a qualified professional as suffering
from an illness or incapacity that is expected to last for 30 days or more, including a
pregnant participant who is determined to be unable to obtain or retain employment due
to the pregnancy; or
deleted text end

deleted text begin (3) a participant who is determined by a qualified professional as being needed in
the home to care for an ill or incapacitated family member, including caregivers with a
child or an adult in the household who meets the disability or medical criteria for home
care services under section 256B.0651, subdivision 1, paragraph (c), or a home and
community-based waiver services program under chapter 256B, or meets the criteria for
severe emotional disturbance under section 245.4871, subdivision 6, or for serious and
persistent mental illness under section 245.462, subdivision 20, paragraph (c).
deleted text end

deleted text begin (e) For participants covered under paragraphs (c) and (d), the county shall review
the participant's employment services status every three months to determine whether
conditions have changed. When it is determined that the participant's status is no longer
covered under paragraph (c) or (d), the county shall notify the participant that a new or
revised employment plan is needed. The participant and job counselor shall meet within
ten days of the determination to revise the employment plan.
deleted text end

new text begin (b) Participants who meet the eligibility requirements in section 256J.575,
subdivision 3, must develop a family stabilization services plan that meets the
requirements in section 256J.575, subdivision 5.
new text end

new text begin (c) Minor caregivers and caregivers who are less than age 20 who have not
completed high school or obtained a GED must develop an education plan that meets the
requirements in section 256J.54.
new text end

new text begin (d) Participants with a family violence waiver must develop an employment plan
that meets the requirements in section 256J.521, which cover the provisions in section
256J.575, subdivision 5.
new text end

new text begin (e) All other participants must develop an employment plan that meets the
requirements of section 256J.521, subdivision 2, and contains allowable work activities,
as defined in section 256J.49, subdivision 13. The employment plan must include, at a
minimum, the number of participation hours required under section 256J.55, subdivision 1.
new text end

Sec. 7.

Minnesota Statutes 2008, section 256J.575, subdivision 3, is amended to read:


Subd. 3.

Eligibility.

(a) The following MFIP deleted text beginor diversionary work program (DWP)deleted text end
participants are eligible for the services under this section:

(1) a participant who meets the requirements for or has been granted a hardship
extension under section 256J.425, subdivision 2 or 3, except that it is not necessary for
the participant to have reached or be approaching 60 months of eligibility for this section
to apply;

(2) a participant who is applying for Supplemental Security Income or Social
Security disability insurance; deleted text beginand
deleted text end

(3) a participant who is a noncitizen who has been in the United States for 12 or
fewer monthsnew text begin; and
new text end

new text begin (4) a participant who is age 60 or oldernew text end.

(b) Families must meet all other eligibility requirements for MFIP established in
this chapter. Families are eligible for financial assistance to the same extent as if they
were participating in MFIP.

(c) A participant under paragraph (a), clause (3), must be provided with English as a
second language opportunities and skills training for up to 12 months. After 12 months,
the case manager and participant must determine whether the participant should continue
with English as a second language classes or skills training, or both, and continue to
receive family stabilization services.

Sec. 8.

Minnesota Statutes 2008, section 256J.626, subdivision 7, is amended to read:


Subd. 7.

Performance base funds.

(a) new text beginFor the purpose of this section, the following
terms have the meanings given.
new text end

new text begin (1) "Caseload Reduction Credit" (CRC) means the measure of how much Minnesota
TANF and separate state program caseload has fallen relative to federal fiscal year 2005
based on caseload data from October 1 to September 30.
new text end

new text begin (2) "TANF participation rate target" means a 50 percent participation rate reduced by
the CRC for the previous year.
new text end

new text begin (b) new text endFor calendar year deleted text begin2009deleted text endnew text begin 2010new text end and yearly thereafter, each county and tribe will be
allocated 95 percent of their initial calendar year allocation. Counties and tribes will be
allocated additional funds based on performance as follows:

(1) a county or tribe that achieves deleted text begina 50 percentdeleted text endnew text begin thenew text end TANF participation ratenew text begin targetnew text end
or a five percentage point improvement over the previous year's TANF participation rate
under section 256J.751, subdivision 2, clause (7), as averaged across 12 consecutive
months for the most recent year for which the measurements are available, will receive an
additional allocation equal to 2.5 percent of its initial allocation; deleted text beginand
deleted text end

(2) a county or tribe that performs within or above its range of expected performance
on the annualized three-year self-support index under section 256J.751, subdivision 2,
clause (6), will receive an additional allocation equal to 2.5 percent of its initial allocation;
and

(3) a county or tribe that does not achieve deleted text begina 50 percentdeleted text endnew text begin thenew text end TANF participation ratenew text begin
target
new text end or a five percentage point improvement over the previous year's TANF participation
rate under section 256J.751, subdivision 2, clause (7), as averaged across 12 consecutive
months for the most recent year for which the measurements are available, will not
receive an additional 2.5 percent of its initial allocation until after negotiating a multiyear
improvement plan with the commissioner; or

(4) a county or tribe that does not perform within or above its range of expected
performance on the annualized three-year self-support index under section 256J.751,
subdivision 2
, clause (6), will not receive an additional allocation equal to 2.5 percent
of its initial allocation until after negotiating a multiyear improvement plan with the
commissioner.

deleted text begin (b)deleted text endnew text begin (c)new text end For calendar year 2009 and yearly thereafter, performance-based funds for
a federally approved tribal TANF program in which the state and tribe have in place
a contract under section 256.01, addressing consolidated funding, will be allocated as
follows:

(1) a tribe that achieves the participation rate approved in its federal TANF plan
using the average of 12 consecutive months for the most recent year for which the
measurements are available, will receive an additional allocation equal to 2.5 percent of
its initial allocation; and

(2) a tribe that performs within or above its range of expected performance on the
annualized three-year self-support index under section 256J.751, subdivision 2, clause (6),
will receive an additional allocation equal to 2.5 percent of its initial allocation; or

(3) a tribe that does not achieve the participation rate approved in its federal TANF
plan using the average of 12 consecutive months for the most recent year for which the
measurements are available, will not receive an additional allocation equal to 2.5 percent
of its initial allocation until after negotiating a multiyear improvement plan with the
commissioner; or

(4) a tribe that does not perform within or above its range of expected performance
on the annualized three-year self-support index under section 256J.751, subdivision
2
, clause (6), will not receive an additional allocation equal to 2.5 percent until after
negotiating a multiyear improvement plan with the commissioner.

deleted text begin (c)deleted text endnew text begin (d)new text end Funds remaining unallocated after the performance-based allocations
in paragraph deleted text begin(a)deleted text endnew text begin (b)new text end are available to the commissioner for innovation projects under
subdivision 5.

deleted text begin (d)deleted text end (1) If available funds are insufficient to meet county and tribal allocations under
paragraph deleted text begin(a)deleted text endnew text begin (b)new text end, the commissioner may make available for allocation funds that are
unobligated and available from the innovation projects through the end of the current
biennium.

(2) If after the application of clause (1) funds remain insufficient to meet county
and tribal allocations under paragraph deleted text begin(a)deleted text endnew text begin (b)new text end, the commissioner must proportionally
reduce the allocation of each county and tribe with respect to their maximum allocation
available under paragraph deleted text begin(a)deleted text endnew text begin (b)new text end.

Sec. 9.

Minnesota Statutes 2008, section 256J.95, subdivision 11, is amended to read:


Subd. 11.

Universal participation required.

(a) All DWP caregivers, except
caregivers who meet the criteria in paragraph (d), are required to participate in DWP
employment services. Except as specified in paragraphs (b) and (c), employment plans
under DWP must, at a minimum, meet the requirements in section 256J.55, subdivision 1.

(b) A caregiver who is a member of a two-parent family that is required to participate
in DWP who would otherwise be ineligible for DWP under subdivision 3 may be allowed
to develop an employment plan under section 256J.521, subdivision 2, paragraph deleted text begin(c)deleted text endnew text begin (a)new text end,
that may contain alternate activities and reduced hours.

(c) A participant who is a victim of family violence shall be allowed to develop an
employment plan under section 256J.521, subdivision 3. A claim of family violence must
be documented by the applicant or participant by providing a sworn statement which is
supported by collateral documentation in section 256J.545, paragraph (b).

(d) One parent in a two-parent family unit that has a natural born child under 12
weeks of age is not required to have an employment plan until the child reaches 12 weeks
of age unless the family unit has already used the exclusion under section 256J.561,
subdivision 3
, or the previously allowed child under age one exemption under section
256J.56, paragraph (a), clause (5).

(e) The provision in paragraph (d) ends the first full month after the child reaches
12 weeks of age. This provision is allowable only once in a caregiver's lifetime. In a
two-parent household, only one parent shall be allowed to use this category.

(f) The participant and job counselor must meet within ten working days after
the child reaches 12 weeks of age to revise the participant's employment plan. The
employment plan for a family unit that has a child under 12 weeks of age that has already
used the exclusion in section 256J.561 or the previously allowed child under age one
exemption under section 256J.56, paragraph (a), clause (5), must be tailored to recognize
the caregiving needs of the parent.

Sec. 10.

Minnesota Statutes 2008, section 256J.95, subdivision 13, is amended to read:


Subd. 13.

Immediate referral to employment services.

Within one working day of
determination that the applicant is eligible for the diversionary work program, but before
benefits are issued to or on behalf of the family unit, the county shall refer all caregivers to
employment services. The referral to the DWP employment services must be in writing
and must contain the following information:

(1) notification that, as part of the application process, applicants are required to
develop an employment plan or the DWP application will be denied;

(2) the employment services provider name and phone number;

deleted text begin (3) the date, time, and location of the scheduled employment services interview;
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end the immediate availability of supportive services, including, but not limited
to, child care, transportation, and other work-related aid; and

deleted text begin (5)deleted text endnew text begin (4)new text end the rights, responsibilities, and obligations of participants in the program,
including, but not limited to, the grounds for good cause, the consequences of refusing or
failing to participate fully with program requirements, and the appeal process.