3rd 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 disposition of 1.3 tobacco endowment fund; modifying rulemaking 1.4 authority; restricting use of family planning grant 1.5 funds; requiring certain information be provided 1.6 before abortions are performed; providing for guest 1.7 registration of dentists and dental hygenists; 1.8 modifying disposition of certain revenues; modifying 1.9 certain provisions for medical assistance, MFIP, 1.10 MinnesotaCare, and general assistance medical care; 1.11 modifying certain reimbursement rate provisions; 1.12 modifying certain managed care contract provisions; 1.13 providing civil penalties; appropriating money; 1.14 amending Minnesota Statutes 2000, sections 144.395, 1.15 subdivision 1, as amended; 144.417, subdivision 1; 1.16 150A.06, by adding a subdivision; 245.037; 246.18, 1.17 subdivisions 5, 6; 246.57, subdivisions 1, 5, 6; 1.18 256B.431, by adding a subdivision; 256B.69, 1.19 subdivision 5a, as amended; 256D.03, by adding a 1.20 subdivision; 256D.05, subdivision 1; 256D.06, 1.21 subdivision 2; 256J.48, subdivision 1; 256L.03, 1.22 subdivisions 3, 5; 256L.05, subdivision 3c; Minnesota 1.23 Statutes 2001 Supplement, sections 144.395, 1.24 subdivision 2; 256B.056, subdivisions 1a, 4; 256B.057, 1.25 subdivision 2; 256B.0635, subdivisions 1, 2; 256J.24, 1.26 subdivision 10; 256J.425, subdivisions 3, 4, 5; 1.27 256J.52, subdivision 2; 256J.53, subdivision 1; 1.28 256L.17, subdivision 2; proposing coding for new law 1.29 in Minnesota Statutes, chapter 145; repealing 1.30 Minnesota Statutes 2001 Supplement, section 256B.056, 1.31 subdivisions 1c, 3c. 1.32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.33 ARTICLE 1 1.34 INCOME ASSISTANCE, SOCIAL SERVICES, AND HEALTH CARE; 1.35 CONSOLIDATION OF GAMC 1.36 Section 1. Minnesota Statutes 2000, section 144.395, 1.37 subdivision 1, as amended by Laws 2002, chapter 220, article 13, 1.38 section 6, is amended to read: 2.1 Subdivision 1. [CREATION.] (a) The tobacco use prevention 2.2 and local public health endowment fund is created in the state 2.3 treasury. The state board of investment shall invest the fund 2.4 under section 11A.24. All earnings of the fund must be credited 2.5 to the fund. The principal of the fund must be maintained 2.6 inviolate, except that: 2.7 (1) the principal may be used to make expenditures from the 2.8 fund for the purposes specified in this section when the market 2.9 value of the fund falls below 105 percent of the cumulative 2.10 total of the tobacco settlement payments received by the state 2.11 and credited to the tobacco settlement fund under section 2.12 16A.87, subdivision 2; and 2.13 (2) on June 30, 2002, $325,000,000 of the principal shall 2.14 be transferred to the general fund. 2.15 For purposes of this section, "principal" means an amount equal 2.16 to the cumulative total of the tobacco settlement payments 2.17 received by the state and credited to the tobacco settlement 2.18 fund under section 16A.87, subdivision 2. 2.19 (b) If the commissioner of finance determines that probable 2.20 receipts to the general fund will not be sufficient to meet the 2.21 need for expenditures from the general fund for a fiscal 2.22 biennium, the commissioner may use cash reserves of the tobacco 2.23 use prevention and local public health endowment fund to pay 2.24 expenses of the general fund. If cash reserves are transferred 2.25 to the general fund to meet cash flow needs, the cash flow 2.26 transfers must be returned to the endowment fund as soon as 2.27 sufficient cash balances are available in the general fund, but 2.28 in any event before the end of the fiscal biennium. Any 2.29 interest earned on cash flow transfers from the endowment fund 2.30 accrues to the endowment fund and not to the general fund. 2.31 [EFFECTIVE DATE.] This section is effective June 30, 2002. 2.32 Sec. 2. Minnesota Statutes 2001 Supplement, section 2.33 144.395, subdivision 2, is amended to read: 2.34 Subd. 2. [EXPENDITURES.] (a) Up to five percent of the 2.35 fair market value of the fund on the preceding July 1, must be 2.36 spent to reduce the human and economic consequences of tobacco 3.1 use among the youth of this state through state and local 3.2 tobacco prevention measures and efforts, and for other public 3.4 health initiatives. In fiscal year 2003 only, fair market value 3.5 means the value of the fund on the preceding July 1 minus 3.6 $325,000,000. 3.7 (b) Notwithstanding paragraph (a), on January 1, 2000, up 3.8 to five percent of the fair market value of the fund is 3.9 appropriated to the commissioner of health to distribute as 3.10 grants under section 144.396, subdivisions 5 and 6, in 3.11 accordance with allocations in paragraph (c), clauses (1) and 3.12 (2). Up to $200,000 of this appropriation is available to the 3.13 commissioner to conduct the statewide assessments described in 3.14 section 144.396, subdivision 3. 3.15 (c) Beginning July 1, 2000, and on July 1 of each year 3.16 thereafter, the money in paragraph (a) is appropriated as 3.17 follows, except as provided in paragraphs (d) and (e): 3.18 (1)6715.0 percent to the commissioner of health to 3.19 distribute as grants under section 144.396, subdivision 5, to 3.20 fund statewide tobacco use prevention initiatives aimed at 3.21 youth; 3.22 (2)16.542.5 percent to the commissioner of health to 3.23 distribute as grants under section 144.396, subdivision 6, to 3.24 fund local public health initiatives aimed at tobacco use 3.25 prevention in coordination with other local health-related 3.26 efforts to achieve measurable improvements in health among 3.27 youth; and 3.28 (3)16.542.5 percent to the commissioner of health to 3.29 distribute in accordance with section 144.396, subdivision 7. 3.30 (d) A maximum of $150,000 of each annual appropriation to 3.31 the commissioner of health in paragraphs (b) and (c) may be used 3.32 by the commissioner for administrative expenses associated with 3.33 implementing this section. 3.34 (e) Beginning July 1, 2001, $1,250,000 of each annual 3.35 appropriation to the commissioner under paragraph (c), clause 3.36 (1), may be used to provide base level funding for the 3.37 commissioner's tobacco prevention and control programs and 4.1 activities. This appropriation must occur before any other 4.2 appropriation under this subdivision. 4.3 [EFFECTIVE DATE.] This section is effective July 1, 2002. 4.4 Sec. 3. Minnesota Statutes 2000, section 144.417, 4.5 subdivision 1, is amended to read: 4.6 Subdivision 1. [RULES.] (a) The state commissioner of 4.7 health shall adopt rules necessary and reasonable to implement 4.8 the provisions of sections 144.411 to 144.417, except as 4.9 provided for in section 144.414. 4.10 (b) Rules implementing sections 144.411 to 144.417 adopted 4.11 after January 1, 2002, may not take effect until approved by a 4.12 law enacted after January 1, 2002. This paragraph does not 4.13 apply to a rule or severable portion of a rule governing smoking 4.14 in office buildings, factories, warehouses, or similar places of 4.15 work, or in health care facilities. This paragraph does not 4.16 apply to a rule changing the definition of "restaurant" to make 4.17 it the same as the definition in section 157.15, subdivision 12. 4.18 [EFFECTIVE DATE.] This section is effective the day 4.19 following final enactment. 4.20 Sec. 4. [145.417] [FAMILY PLANNING GRANT FUNDS NOT USED TO 4.21 SUBSIDIZE ABORTION SERVICES.] 4.22 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 4.23 section, the following definitions apply. 4.24 (b) "Abortion" means the use or prescription of any 4.25 instrument, medicine, drug, or any other substance or device to 4.26 intentionally terminate the pregnancy of a female known to be 4.27 pregnant, with an intention other than to prevent the death of 4.28 the female, increase the probability of a live birth, preserve 4.29 the life or health of the child after live birth, or remove a 4.30 dead fetus. 4.31 (c) "Family planning grant funds" means funds distributed 4.32 through the maternal and child health block grant program under 4.33 sections 145.881 to 145.889, the family planning special 4.34 projects grant program under section 145.925, the program to 4.35 eliminate health disparities under section 145.928, or any other 4.36 state grant program whose funds are or may be used to fund 5.1 family planning services. 5.2 (d) "Family planning services" means preconception services 5.3 that limit or enhance fertility, including methods of 5.4 contraception, the management of infertility, preconception 5.5 counseling, education, and general reproductive health care. 5.6 (e) "Nondirective counseling" means providing patients with: 5.7 (1) a list of health care providers and social service 5.8 providers that provide prenatal care, childbirth care, infant 5.9 care, foster care, adoption services, alternatives to abortion, 5.10 or abortion services; and 5.11 (2) nondirective, nonmarketing information regarding such 5.12 providers. 5.13 (f) "Public advocacy" means engaging in one or more of the 5.14 following: 5.15 (1) regularly engaging in efforts to encourage the passage 5.16 or defeat of legislation pertaining to the continued or expanded 5.17 availability of abortion; 5.18 (2) publicly endorsing or recommending the election or 5.19 defeat of a candidate for public office based on the candidate's 5.20 position on the legality of abortion; or 5.21 (3) engaging in civil litigation against a unit of 5.22 government as a plaintiff seeking to enjoin or otherwise 5.23 prohibit enforcement of a statute, ordinance, rule, or 5.24 regulation pertaining to abortion. 5.25 Subd. 2. [USES OF FAMILY PLANNING GRANT FUNDS.] No family 5.26 planning grant funds may be: 5.27 (1) expended to directly or indirectly subsidize abortion 5.28 services or administrative expenses; 5.29 (2) paid or granted to an organization or an affiliate of 5.30 an organization that provides abortion services, unless the 5.31 affiliate is independent as provided in subdivision 4; or 5.32 (3) paid or granted to an organization that has adopted or 5.33 maintains a policy in writing or through oral public statements 5.34 that abortion is considered part of a continuum of family 5.35 planning services, reproductive health services, or both. 5.36 Subd. 3. [ORGANIZATIONS RECEIVING FAMILY PLANNING GRANT 6.1 FUNDS.] An organization that receives family planning grant 6.2 funds: 6.3 (1) may provide nondirective counseling relating to 6.4 pregnancy but may not directly refer patients who seek abortion 6.5 services to any organization that provides abortion services, 6.6 including an independent affiliate of the organization receiving 6.7 family planning grant funds. For purposes of this clause, an 6.8 affiliate is independent if it satisfies the criteria in 6.9 subdivision 4, paragraph (a); 6.10 (2) may not display or distribute marketing materials about 6.11 abortion services to patients; 6.12 (3) may not engage in public advocacy promoting the 6.13 legality or accessibility of abortion; and 6.14 (4) must be separately incorporated from any affiliated 6.15 organization that provides abortion services. 6.16 Subd. 4. [INDEPENDENT AFFILIATES THAT PROVIDE ABORTION 6.17 SERVICES.] (a) To ensure that the state does not lend its 6.18 imprimatur to abortion services and to ensure that an 6.19 organization that provides abortion services does not receive a 6.20 direct or indirect economic or marketing benefit from family 6.21 planning grant funds, an organization that receives family 6.22 planning grant funds may not be affiliated with an organization 6.23 that provides abortion services unless the organizations are 6.24 independent from each other. To be independent, the 6.25 organizations may not share any of the following: 6.26 (1) the same or a similar name; 6.27 (2) medical facilities or nonmedical facilities, including 6.28 but not limited to, business offices, treatment rooms, 6.29 consultation rooms, examination rooms, and waiting rooms; 6.30 (3) expenses; 6.31 (4) employee wages or salaries; or 6.32 (5) equipment or supplies, including but not limited to, 6.33 computers, telephone systems, telecommunications equipment, and 6.34 office supplies. 6.35 (b) An organization that receives family planning grant 6.36 funds and that is affiliated with an organization that provides 7.1 abortion services must maintain financial records that 7.2 demonstrate strict compliance with this subdivision and that 7.3 demonstrate that its independent affiliate that provides 7.4 abortion services receives no direct or indirect economic or 7.5 marketing benefit from the family planning grant funds. 7.6 Subd. 5. [INDEPENDENT AUDIT.] When an organization applies 7.7 for family planning grant funds, the organization must submit 7.8 with the grant application a copy of the organization's most 7.9 recent independent audit to ensure the organization is in 7.10 compliance with this section. The independent audit must have 7.11 been conducted no more than two years before the organization 7.12 submits its grant application. 7.13 Subd. 6. [ORGANIZATIONS RECEIVING TITLE X FUNDS.] Nothing 7.14 in this section requires an organization that receives federal 7.15 funds under title X of the Public Health Service Act to refrain 7.16 from performing any service that is required to be provided as a 7.17 condition of receiving title X funds, as specified by the 7.18 provisions of title X or the title X program guidelines for 7.19 project grants for family planning services published by the 7.20 United States Department of Health and Human Services. 7.21 Subd. 7. [SEVERABILITY.] If any one or more provision, 7.22 word, phrase, clause, sentence, or subdivision of this section, 7.23 or the application to any person or circumstance, is found to be 7.24 unconstitutional, it is declared to be severable and the balance 7.25 of this section shall remain effective notwithstanding such 7.26 unconstitutionality. The legislature hereby declares that it 7.27 would have passed this section, and each provision, word, 7.28 phrase, clause, sentence, or subdivision of it, regardless of 7.29 the fact that any one or more provision, word, phrase, clause, 7.30 sentence, or subdivision be declared unconstitutional. 7.31 Sec. 5. [145.4241] [DEFINITIONS.] 7.32 Subdivision 1. [APPLICABILITY.] As used in sections 7.33 145.4241 to 145.4246, the following terms have the meaning given 7.34 them. 7.35 Subd. 2. [ABORTION.] "Abortion" includes an act, 7.36 procedure, or use of any instrument, medicine, or drug which is 8.1 supplied or prescribed for or administered to a woman known to 8.2 be pregnant with the intention to terminate the pregnancy with 8.3 an intention other than to increase the probability of live 8.4 birth, to preserve the life or health of the child after live 8.5 birth, or to remove a dead fetus. 8.6 Subd. 3. [ATTEMPT TO PERFORM AN ABORTION.] "Attempt to 8.7 perform an abortion" means an act, or an omission of a 8.8 statutorily required act, that, under the circumstances as the 8.9 actor believes them to be, constitutes a substantial step in a 8.10 course of conduct planned to culminate in the performance of an 8.11 abortion in Minnesota in violation of sections 145.4241 to 8.12 145.4246. 8.13 Subd. 4. [MEDICAL EMERGENCY.] "Medical emergency" means 8.14 any condition that, on the basis of the physician's good faith 8.15 clinical judgment, complicates the medical condition of a 8.16 pregnant female to the extent that: 8.17 (1) an immediate abortion of her pregnancy is necessary to 8.18 avert her death; or 8.19 (2) a 24-hour delay in performing an abortion creates a 8.20 serious risk of substantial injury or impairment of a major 8.21 bodily function. 8.22 Subd. 5. [PHYSICIAN.] "Physician" means a person licensed 8.23 under chapter 147. 8.24 Subd. 6. [PROBABLE GESTATIONAL AGE OF THE FETUS.] 8.25 "Probable gestational age of the fetus" means what will, in the 8.26 judgment of the physician, with reasonable probability, be the 8.27 gestational age of the fetus at the time the abortion is planned 8.28 to be performed. 8.29 Sec. 6. [145.4242] [INFORMED CONSENT.] 8.30 (a) No abortion shall be performed in this state except 8.31 with the voluntary and informed consent of the female upon whom 8.32 the abortion is to be performed. Except in the case of a 8.33 medical emergency, consent to an abortion is voluntary and 8.34 informed only if the female is told the following, by telephone 8.35 or in person, by the physician who is to perform the abortion, 8.36 the referring physician, a registered nurse, or a licensed 9.1 practical nurse, at least 24 hours prior to the abortion: 9.2 (1) the particular medical risks associated with the 9.3 particular abortion procedure to be employed including, when 9.4 medically accurate, the risks of infection, hemorrhage, breast 9.5 cancer, danger to subsequent pregnancies, and infertility; 9.6 (2) the probable gestational age of the fetus at the time 9.7 the abortion is to be performed; 9.8 (3) the medical risks associated with carrying to term; 9.9 (4) that medical assistance benefits may be available for 9.10 prenatal care, childbirth, and neonatal care; 9.11 (5) that the father is liable to assist in the support of 9.12 her child, even in instances when the father has offered to pay 9.13 for the abortion; 9.14 (6) the availability of a toll-free telephone number and 9.15 Web site that can provide information on support services during 9.16 pregnancy and while the child is dependent and offer 9.17 alternatives to abortion; and 9.18 (7) that she has the right to review the printed materials 9.19 described in section 145.4243, and the printed materials are 9.20 available on the state Web site. 9.21 (b) The physician or the physician's agent shall orally 9.22 inform the female that the materials have been provided by the 9.23 state of Minnesota and that they describe the unborn child and 9.24 list agencies that offer alternatives to abortion. 9.25 (c) The physician or the physician's agent shall orally 9.26 inform the female of the Web site address and toll-free 9.27 telephone number. 9.28 (d) If the female chooses to view the materials, they shall 9.29 either be given to her at least 24 hours before the abortion or 9.30 mailed to her at least 72 hours before the abortion by first 9.31 class mail, or at the woman's request, by certified mail, 9.32 restricted delivery to addressee, which means the postal 9.33 employee may only deliver the mail to the addressee. The 9.34 envelope used by the physician shall not identify the name of 9.35 the physician or the physician's clinic or business. 9.36 (e) If a physical examination, tests, or the availability 10.1 of other information to the physician subsequently indicates, in 10.2 the medical judgment of the physician, a revision of the 10.3 information previously supplied to the patient, that revised 10.4 information may be communicated to the patient at any time prior 10.5 to the performance of the abortion. 10.6 Sec. 7. [145.4243] [PRINTED INFORMATION.] 10.7 Subdivision 1. [MATERIALS.] (a) Within 90 days after the 10.8 effective date of sections 145.4241 to 145.4246, the department 10.9 of health shall cause to be published, in English and in each 10.10 language that is the primary language of two percent or more of 10.11 the state's population, the printed materials described in 10.12 paragraphs (b) and (c) in such a way as to ensure that the 10.13 information is easily comprehensible. 10.14 (b) The materials must be designed to inform the female of 10.15 the probable anatomical and physiological characteristics of the 10.16 fetus at two-week gestational increments from the time when a 10.17 female can be known to be pregnant to full term, including any 10.18 relevant information on the possibility of the fetus's survival 10.19 and pictures or drawings representing the development of the 10.20 fetus at two-week gestational increments, provided that any such 10.21 pictures or drawings must contain the dimensions of the fetus 10.22 and must be realistic and appropriate for the stage of pregnancy 10.23 depicted. The materials must be objective, nonjudgmental, and 10.24 designed to convey only accurate scientific information about 10.25 the fetus at the various gestational ages. 10.26 (c) The materials must contain objective information 10.27 describing the methods of abortion procedures commonly employed, 10.28 the medical risks commonly associated with each procedure, the 10.29 possible detrimental psychological effects of abortion, and the 10.30 medical risks commonly associated with carrying a child to term. 10.31 Subd. 2. [TYPEFACE; AVAILABILITY.] The materials referred 10.32 to in this section must be printed in a typeface large enough to 10.33 be clearly legible. The materials required under this section 10.34 must be available from the department of health upon request and 10.35 in appropriate number to any person, facility, or hospital at no 10.36 cost. 11.1 Sec. 8. [145.4244] [PROCEDURE IN CASE OF MEDICAL 11.2 EMERGENCY.] 11.3 When a medical emergency compels the performance of an 11.4 abortion, the physician shall inform the female, prior to the 11.5 abortion if possible, of the medical indications supporting the 11.6 physician's judgment that an abortion is necessary to avert her 11.7 death or that a 24-hour delay in conformance with section 11.8 145.4242 creates a serious risk of substantial injury or 11.9 impairment of a major bodily function. 11.10 Sec. 9. [145.4245] [TOLL-FREE TELEPHONE NUMBER AND WEB 11.11 SITE.] 11.12 Subdivision 1. [RIGHT TO KNOW.] All pregnant women have 11.13 the right to know information about resources available to 11.14 assist them and their families. The commissioner of health 11.15 shall establish and maintain a statewide toll-free telephone 11.16 number available seven days a week to provide information and 11.17 referrals to local community resources to assist women and 11.18 families through pregnancy and childbirth and while the child is 11.19 dependent. 11.20 Subd. 2. [INFORMATION.] The toll-free telephone number 11.21 must provide information regarding community resources on the 11.22 following topics: 11.23 (1) information regarding avoiding unplanned pregnancies; 11.24 (2) prenatal care, including the need for an initial risk 11.25 screening and assessment; 11.26 (3) adoption; 11.27 (4) health education, including the importance of good 11.28 nutrition during pregnancy and the risks associated with alcohol 11.29 and tobacco use during pregnancy; 11.30 (5) available social services, including medical assistance 11.31 benefits for prenatal care, childbirth, and neonatal care; 11.32 (6) legal assistance in obtaining child support; and 11.33 (7) community support services and other resources to 11.34 enhance family strengths and reduce the possibility of family 11.35 violence. 11.36 Subd. 3. [WEB SITE.] The commissioner shall design and 12.1 maintain a secure Web site to provide the information described 12.2 under subdivision 2 and section 145.4243 with a minimum 12.3 resolution of 72 PPI. The Web site shall provide the toll-free 12.4 information and referral telephone number described under 12.5 subdivision 2. 12.6 Sec. 10. [145.4246] [ENFORCEMENT PENALTIES.] 12.7 Subdivision 1. [STANDING.] A person with standing may 12.8 maintain an action against the performance or attempted 12.9 performance of abortions in violation of section 145.4242. 12.10 Those with standing are: 12.11 (1) a woman upon whom an abortion in violation of section 12.12 145.4242 has been performed or attempted to be performed; 12.13 (2) the parent of an unemancipated minor upon whom an 12.14 abortion in violation of section 145.4242 has been, is about to 12.15 be, or was attempted to be performed; and 12.16 (3) the attorney general of the state of Minnesota. 12.17 Subd. 2. [INJUNCTIONS.] Parties bringing actions against 12.18 the performance or attempted performance of abortions in 12.19 violation of section 145.4242 may seek temporary restraining 12.20 orders, preliminary injunctions, and injunctions related only to 12.21 the physician or facility where the violation occurred in 12.22 accordance with the Rules of Civil Procedure. Persons with 12.23 standing must bring any actions within six months of the date of 12.24 the performed or attempted performance of abortions in violation 12.25 of section 145.4242. 12.26 Subd. 3. [CONTEMPT.] Any person knowingly violating the 12.27 terms of an injunction against the performance or attempted 12.28 performance of abortions in violation of section 145.4242 is 12.29 subject to civil contempt, and shall be fined no more than 12.30 $1,000 for the first violation, no more than $5,000 for the 12.31 second violation, no more than $10,000 for the third violation, 12.32 and for each successive violation an amount sufficient to deter 12.33 future violations. The fine shall be the exclusive penalty for 12.34 a violation. Each performance or attempted performance of 12.35 abortion in violation of section 145.4242 is a separate 12.36 violation. No fine shall be assessed against the woman on whom 13.1 an abortion is performed or attempted. 13.2 Subd. 4. [REALLOCATION OF THE FINE.] Any fines collected 13.3 under this section must be sent to a special account at the 13.4 Minnesota department of health to be used for materials cited in 13.5 section 145.4243. 13.6 Sec. 11. [145.4247] [CUMULATIVE RIGHTS.] 13.7 Sections 145.4241 to 145.4246 are cumulative with existing 13.8 law regarding an individual's right to consent to medical 13.9 treatment and shall not impair any existing right any patient 13.10 may have under the common law or statutes of this state. 13.11 Sec. 12. Minnesota Statutes 2000, section 150A.06, is 13.12 amended by adding a subdivision to read: 13.13 Subd. 2c. [GUEST LICENSE OR REGISTRATION.] (a) The board 13.14 shall grant a guest license to practice as a dentist or dental 13.15 hygienist or a guest registration to practice as a dental 13.16 assistant if the following conditions are met: 13.17 (1) the dentist, dental hygienist, or dental assistant is 13.18 currently licensed or registered in good standing in North 13.19 Dakota, South Dakota, Iowa, or Wisconsin; 13.20 (2) the dentist, dental hygienist, or dental assistant is 13.21 currently engaged in the practice of that person's respective 13.22 profession in North Dakota, South Dakota, Iowa, or Wisconsin; 13.23 (3) the dentist, dental hygienist, or dental assistant is 13.24 seeking to practice in a public health setting in Minnesota that 13.25 (i) is approved by the board; (ii) was established by a 13.26 nonprofit organization that is tax exempt under chapter 13.27 501(c)(3) of the Internal Revenue Code of 1986; and (iii) 13.28 provides dental care to patients who have difficulty accessing 13.29 dental care; 13.30 (4) the dentist, dental hygienist, or dental assistant 13.31 agrees to treat indigent patients who meet the eligibility 13.32 criteria established by the clinic; and 13.33 (5) the dentist, dental hygienist, or dental assistant has 13.34 applied to the board for a guest license or registration, 13.35 providing evidence of being currently licensed or registered in 13.36 good standing in North Dakota, South Dakota, Iowa, or Wisconsin, 14.1 and has paid a nonrefundable license fee to the board of $50. 14.2 (b) A dentist, dental hygienist, or dental assistant 14.3 practicing under a guest license or registration may only 14.4 practice at a single, specific location in Minnesota. A guest 14.5 license or registration must be renewed annually with the board 14.6 and an annual renewal fee of $50 must be paid to the board. If 14.7 the clinic in Minnesota at which a dentist, dental hygienist, or 14.8 dental assistant seeks to practice permanently ceases operation, 14.9 the guest license or registration issued under this subdivision 14.10 is automatically revoked. 14.11 (c) A dentist, dental hygienist, or dental assistant 14.12 practicing under a guest license or registration under this 14.13 subdivision shall have the same obligations as a dentist, dental 14.14 hygienist, or dental assistant who is licensed in Minnesota and 14.15 shall be subject to the laws and rules of Minnesota and the 14.16 regulatory authority of the board. If the board suspends or 14.17 revokes the guest license or registration of, or otherwise 14.18 disciplines, a dentist, dental hygienist, or dental assistant 14.19 practicing under this subdivision, the board shall promptly 14.20 report such disciplinary action to the dentist's, dental 14.21 hygienist's, or dental assistant's regulatory board in the 14.22 border state. 14.23 [EFFECTIVE DATE.] This section is effective the day 14.24 following final enactment. 14.25 Sec. 13. Minnesota Statutes 2000, section 245.037, is 14.26 amended to read: 14.27 245.037 [LEASES FOR REGIONAL TREATMENT CENTER AND STATE 14.28 NURSING HOME PROPERTY.] 14.29Notwithstanding any law to the contrary,After June 30, 14.30 2002, money collected as rent under section 16B.24, subdivision 14.31 5, for state property at any of the regional treatment centers 14.32 or state nursing home facilities administered by the 14.33 commissioner of human servicesis dedicated to the regional14.34treatment center or state nursing home from which it is14.35generated. Any balance remaining at the end of the fiscal year14.36shall not cancel and is available until expendedshall be 15.1 deposited in the general fund. 15.2 Sec. 14. Minnesota Statutes 2000, section 246.18, 15.3 subdivision 5, is amended to read: 15.4 Subd. 5. [FUNDEDDEPRECIATIONACCOUNTSPAYMENTS FOR 15.5 STATE-OPERATED, COMMUNITY-BASED PROGRAMS.]Separate15.6interest-bearing funded depreciation accounts shall be15.7established in the state treasury for state-operated,15.8community-based programs meeting the definition of a facility in15.9Minnesota Rules, part 9553.0020, subpart 19, or a vendor in15.10section 252.41, subdivision 9.After June 30, 2002, as payments 15.11 for state-operated community-based services are received by the 15.12 commissioner, the portion of the payment rate representing 15.13 allowable depreciation expense and the capital debt reduction 15.14 allowance shall be deposited in thestate treasury and credited15.15to the separate interest-bearing accounts as dedicated receipts15.16with unused funds carried over to the next fiscal year. Funds15.17within these funded depreciation accounts are appropriated to15.18the commissioner of human services for the purchase or15.19replacement of capital assets or payment of capitalized repairs15.20for each respective program. These accounts will satisfy the15.21requirements of Minnesota Rules, part 9553.0060, subparts 1,15.22item E, and 5general fund. 15.23 Sec. 15. Minnesota Statutes 2000, section 246.18, 15.24 subdivision 6, is amended to read: 15.25 Subd. 6. [COLLECTIONS DEDICATED.] (a) Except for 15.26 state-operated programs funded through a direct appropriation 15.27 from the legislature, any state-operated program or service 15.28 established and operated as an enterprise activity shall retain 15.29 the revenues earned in an interest-bearing account. 15.30 (b) When the commissioner determines the intent to 15.31 transition from a direct appropriation to enterprise activity 15.32 for which the commissioner has authority, all collections for 15.33 the targeted state-operated service shall be retained and 15.34 deposited into an interest-bearing account. At the end of the 15.35 fiscal year, prior to establishing the enterprise activity, 15.36 collections up to the amount of the appropriation for the 16.1 targeted service shall be deposited to the general fund. All 16.2 funds in excess of the amount of the appropriation will be 16.3 retained and used by the enterprise activity for cash flow 16.4 purposes. 16.5 (c) These funds must be deposited in the state treasury in 16.6 a revolving account and funds in the revolving account are 16.7 appropriated to the commissioner to operate the services 16.8 authorized, and any unexpended balances do not cancel but are 16.9 available until spent. 16.10 (d) Notwithstanding paragraphs (a), (b), and (c), after 16.11 June 30, 2002, all proceeds raised under this subdivision that 16.12 otherwise would have been deposited into accounts in the special 16.13 revenue fund shall be deposited in the general fund. 16.14 Sec. 16. Minnesota Statutes 2000, section 246.57, 16.15 subdivision 1, is amended to read: 16.16 Subdivision 1. [AUTHORIZED.] The commissioner of human 16.17 services may authorize any state facility operated under the 16.18 authority of the commissioner to enter into agreement with other 16.19 governmental entities and both nonprofit and for-profit 16.20 organizations for participation in shared service agreements 16.21 that would be of mutual benefit to the state, other governmental 16.22 entities and organizations involved, and the public. 16.23 Notwithstanding section 16C.05, subdivision 2, the commissioner 16.24 of human services may delegate the execution of shared services 16.25 contracts to the chief executive officers of the regional 16.26 centers or state operated nursing homes. No additional 16.27 employees shall be added to the legislatively approved 16.28 complement for any regional center or state nursing home as a 16.29 result of entering into any shared service agreement. However, 16.30 positions funded by a shared service agreement may be authorized 16.31 by the commissioner of finance for the duration of the shared 16.32 service agreement. The charges for the services shall be on an 16.33 actual cost basis. After June 30, 2002, all receipts for shared 16.34 servicesmay be retained by the regional treatment center or16.35state-operated nursing home that provided the services, in16.36addition to other funding the regional treatment center or17.1state-operated nursing home receivesshall be deposited in the 17.2 general fund. 17.3 Sec. 17. Minnesota Statutes 2000, section 246.57, 17.4 subdivision 5, is amended to read: 17.5 Subd. 5. [LAUNDRY EQUIPMENT.] The commissioner of human 17.6 services may provide for the replacement of laundry equipment by 17.7 including a charge for depreciation as part of the service costs 17.8 charged by a regional treatment center operating a laundry 17.9 service. After June 30, 2002, receipts for laundry services 17.10 attributable to depreciation of laundry equipment must be 17.11 deposited in a laundry equipment depreciation account within the 17.12 general fund.All money deposited in the account is17.13appropriated to the commissioner of human services for the17.14replacement of laundry equipment. Any balance remaining in the17.15account at the end of a fiscal year does not cancel and is17.16available until expended.17.17 Sec. 18. Minnesota Statutes 2000, section 246.57, 17.18 subdivision 6, is amended to read: 17.19 Subd. 6. [DENTAL SERVICES.] The commissioner of human 17.20 services shall authorize any regional treatment center or 17.21 state-operated nursing home under the commissioner's authority 17.22 to provide dental services to disabled persons who are eligible 17.23 for medical assistance and are not residing at the regional 17.24 treatment center or state-operated nursing home, provided that 17.25 the reimbursement received for these services is sufficient to 17.26 cover actual costs. To provide these services, regional 17.27 treatment centers and state-operated nursing homes may 17.28 participate under contract with health networks in their service 17.29 area. Notwithstanding section 16C.05, subdivision 2, the 17.30 commissioner of human services may delegate the execution of 17.31 these dental services contracts to the chief executive officers 17.32 of the regional centers or state-operated nursing homes. After 17.33 June 30, 2002, all receipts for these dental services shall 17.34 beretained by the regional treatment center or state-operated17.35nursing home that provides the services and shall be in addition17.36to other funding the regional treatment center or state-operated18.1nursing home receivesdeposited in the general fund. 18.2 Sec. 19. Minnesota Statutes 2001 Supplement, section 18.3 256B.056, subdivision 1a, is amended to read: 18.4 Subd. 1a. [INCOME AND ASSETS GENERALLY.] Unless 18.5 specifically required by state law or rule or federal law or 18.6 regulation, the methodologies used in counting income and assets 18.7 to determine eligibility for medical assistance for persons 18.8 whose eligibility category is based on blindness, disability, or 18.9 age of 65 or more years, the methodologies for the supplemental 18.10 security income program shall be used. Increases in benefits 18.11 under title II of the Social Security Act shall not be counted 18.12 as income for purposes of this subdivision until July 1 of each 18.13 year. Effective upon federal approval, for children eligible 18.14 under section 256B.055, subdivision 12, or for home and 18.15 community-based waiver services whose eligibility for medical 18.16 assistance is determined without regard to parental income, 18.17 child support payments, including any payments made by an 18.18 obligor in satisfaction of or in addition to a temporary or 18.19 permanent order for child support, and social security payments 18.20 are not counted as income. For families and children, which 18.21 includes all other eligibility categories, the methodologies 18.22 under the state's AFDC plan in effect as of July 16, 1996, as 18.23 required by the Personal Responsibility and Work Opportunity 18.24 Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193, 18.25 shall be used, except that effective July 1, 2002, the $90 and18.26$30 and one-third earned income disregards shall not apply and18.27the disregard specified in subdivision 1c shall apply. For 18.28 these purposes, a "methodology" does not include an asset or 18.29 income standard, or accounting method, or method of determining 18.30 effective dates. 18.31 Sec. 20. Minnesota Statutes 2001 Supplement, section 18.32 256B.056, subdivision 4, is amended to read: 18.33 Subd. 4. [INCOME.] (a) To be eligible for medical 18.34 assistance, a person eligible under section 256B.055, 18.35 subdivisions 7, 7a, and 12, may have income up to 100 percent of 18.36 the federal poverty guidelines. Effective January 1, 2000, and 19.1 each successive January, recipients of supplemental security 19.2 income may have an income up to the supplemental security income 19.3 standard in effect on that date. 19.4 (b) To be eligible for medical assistance, families and 19.5 children may have an income up to 133-1/3 percent of the AFDC 19.6 income standard in effect under the July 16, 1996, AFDC state 19.7 plan. Effective July 1, 2000, the base AFDC standard in effect 19.8 on July 16, 1996, shall be increased by three percent. 19.9 (c)Effective July 1, 2002, to be eligible for medical19.10assistance, families and children may have an income up to 10019.11percent of the federal poverty guidelines for the family size.19.12(d)In computing income to determine eligibility of persons 19.13 under paragraphs (a) to(c)(b) who are not residents of 19.14 long-term care facilities, the commissioner shall disregard 19.15 increases in income as required by Public Law Numbers 94-566, 19.16 section 503; 99-272; and 99-509. Veterans aid and attendance 19.17 benefits and Veterans Administration unusual medical expense 19.18 payments are considered income to the recipient. 19.19 Sec. 21. Minnesota Statutes 2001 Supplement, section 19.20 256B.057, subdivision 2, is amended to read: 19.21 Subd. 2. [CHILDREN.]Except as specified in subdivision19.221b, effective July 1, 2002,a child one through18five years of 19.23 age in a family whose countable income isno greaterless than 19.24170133 percent of the federal poverty guidelines for the same 19.25 family size, is eligible for medical assistance. A child six 19.26 through 18 years of age, who was born after September 30, 1983, 19.27 in a family whose countable income is less than 100 percent of 19.28 the federal poverty guidelines for the same family size is 19.29 eligible for medical assistance. 19.30 Sec. 22. Minnesota Statutes 2001 Supplement, section 19.31 256B.0635, subdivision 1, is amended to read: 19.32 Subdivision 1. [INCREASED EMPLOYMENT.] (a) Until June 30, 19.33 2002, medical assistance may be paid for persons who received 19.34 MFIP-S or medical assistance for families and children in at 19.35 least three of six months preceding the month in which the 19.36 person became ineligible for MFIP-S or medical assistance, if 20.1 the ineligibility was due to an increase in hours of employment 20.2 or employment income or due to the loss of an earned income 20.3 disregard. In addition, to receive continued assistance under 20.4 this section, persons who received medical assistance for 20.5 families and children but did not receive MFIP-S must have had 20.6 income less than or equal to the assistance standard for their 20.7 family size under the state's AFDC plan in effect as of July 16, 20.8 1996, increased by three percent effective July 1, 2000, at the 20.9 time medical assistance eligibility began. A person who is 20.10 eligible for extended medical assistance is entitled to six 20.11 months of assistance without reapplication, unless the 20.12 assistance unit ceases to include a dependent child. For a 20.13 person under 21 years of age, medical assistance may not be 20.14 discontinued within the six-month period of extended eligibility 20.15 until it has been determined that the person is not otherwise 20.16 eligible for medical assistance. Medical assistance may be 20.17 continued for an additional six months if the person meets all 20.18 requirements for the additional six months, according to title 20.19 XIX of the Social Security Act, as amended by section 303 of the 20.20 Family Support Act of 1988, Public Law Number 100-485. 20.21 (b) Beginning July 1, 2002, medical assistance for families 20.22 and children may be paid for personswho were eligible under20.23section 256B.055, subdivision 3awho had income less than or 20.24 equal to the assistance standard for their family size under the 20.25 state's AFDC plan in effect as of July 16, 1996, at the time 20.26 medical assistance eligibility began, and in at least three of 20.27 six months preceding the month in which the person became 20.28 ineligibleunder that sectionif the ineligibility was due to an 20.29 increase in hours of employment or employment income or due to 20.30 the loss of an earned income disregard. A person who is 20.31 eligible for extended medical assistance is entitled to six 20.32 months of assistance without reapplication, unless the 20.33 assistance unit ceases to include a dependent child, except 20.34 medical assistance may not be discontinued for that dependent 20.35 child under 21 years of age within the six-month period of 20.36 extended eligibility until it has been determined that the 21.1 person is not otherwise eligible for medical assistance. 21.2 Medical assistance may be continued for an additional six months 21.3 if the person meets all requirements for the additional six 21.4 months, according to title XIX of the Social Security Act, as 21.5 amended by section 303 of the Family Support Act of 1988, Public 21.6 Law Number 100-485. 21.7 Sec. 23. Minnesota Statutes 2001 Supplement, section 21.8 256B.0635, subdivision 2, is amended to read: 21.9 Subd. 2. [INCREASED CHILD OR SPOUSAL SUPPORT.] (a) Until 21.10 June 30, 2002, medical assistance may be paid for persons who 21.11 received MFIP-S or medical assistance for families and children 21.12 in at least three of the six months preceding the month in which 21.13 the person became ineligible for MFIP-S or medical assistance, 21.14 if the ineligibility was the result of the collection of child 21.15 or spousal support under part D of title IV of the Social 21.16 Security Act. In addition, to receive continued assistance 21.17 under this section, persons who received medical assistance for 21.18 families and children but did not receive MFIP-S must have had 21.19 income less than or equal to the assistance standard for their 21.20 family size under the state's AFDC plan in effect as of July 16, 21.21 1996, increased by three percent effective July 1, 2000, at the 21.22 time medical assistance eligibility began. A person who is 21.23 eligible for extended medical assistance under this subdivision 21.24 is entitled to four months of assistance without reapplication, 21.25 unless the assistance unit ceases to include a dependent child, 21.26 except medical assistance may not be discontinued for that 21.27 dependent child under 21 years of age within the four-month 21.28 period of extended eligibility until it has been determined that 21.29 the person is not otherwise eligible for medical assistance. 21.30 (b) Beginning July 1, 2002, medical assistance for families 21.31 and children may be paid for personswho were eligible under21.32section 256B.055, subdivision 3awho had income less than or 21.33 equal to the assistance standard for their family size under the 21.34 state's AFDC plan in effect as of July 16, 1996, at the time 21.35 medical assistance eligibility began, and in at least three of 21.36 the six months preceding the month in which the person became 22.1 ineligibleunder that sectionif the ineligibility was the 22.2 result of the collection of child or spousal support under part 22.3 D of title IV of the Social Security Act. A person who is 22.4 eligible for extended medical assistance under this subdivision 22.5 is entitled to four months of assistance without reapplication, 22.6 unless the assistance unit ceases to include a dependent child, 22.7 except medical assistance may not be discontinued for that 22.8 dependent child under 21 years of age within the four-month 22.9 period of extended eligibility until it has been determined that 22.10 the person is not otherwise eligible for medical assistance. 22.11 Sec. 24. Minnesota Statutes 2000, section 256B.431, is 22.12 amended by adding a subdivision to read: 22.13 Subd. 37. [DESIGNATION OF AREAS TO RECEIVE METROPOLITAN 22.14 RATES.] For rate years beginning on or after July 1, 2003, 22.15 nursing facilities located in areas designated as metropolitan 22.16 areas by the federal Office of Management and Budget using 22.17 census bureau data shall be part of the metropolitan array for 22.18 purposes of calculating a median, determining a historical base 22.19 reimbursement rate, or otherwise establishing a statistical 22.20 measure of nursing facility payment rates, in order to: 22.21 (1) determine future rate increases under this section, 22.22 section 256B.434, or any other section; and 22.23 (2) establish nursing facility reimbursement rates for the 22.24 new nursing facility reimbursement system developed under Laws 22.25 2001, First Special Session chapter 9, article 5, section 35. 22.26 Sec. 25. Minnesota Statutes 2000, section 256B.69, 22.27 subdivision 5a, as amended by Laws 2002, chapter 220, article 22.28 15, section 15, is amended to read: 22.29 Subd. 5a. [MANAGED CARE CONTRACTS.] (a) Managed care 22.30 contracts under this section and sections 256L.12 and 256D.03, 22.31 shall be entered into or renewed on a calendar year basis 22.32 beginning January 1, 1996. Managed care contracts which were in 22.33 effect on June 30, 1995, and set to renew on July 1, 1995, shall 22.34 be renewed for the period July 1, 1995 through December 31, 1995 22.35 at the same terms that were in effect on June 30, 1995. 22.36 (b) A prepaid health plan providing covered health services 23.1 for eligible persons pursuant to chapters 256B, 256D, and 256L, 23.2 is responsible for complying with the terms of its contract with 23.3 the commissioner. Requirements applicable to managed care 23.4 programs under chapters 256B, 256D, and 256L, established after 23.5 the effective date of a contract with the commissioner take 23.6 effect when the contract is next issued or renewed. 23.7 (c) Effective for services rendered on or after January 1, 23.8 2003, the commissioner shall withhold five percent of managed 23.9 care plan payments under this section for the prepaid medical 23.10 assistance and general assistance medical care programs pending 23.11 completion of performance targets. The withheld fundswillmust 23.12 be returned no sooner than July of the following year if 23.13 performance targets in the contract are achieved. The 23.14 commissioner may exclude special demonstration projects under 23.15 subdivision 23. A managed care plan may include as admitted 23.16 assets under section 62D.044 any amount withheld under this 23.17 paragraph that is reasonably expected to be returned. 23.18 Sec. 26. Minnesota Statutes 2000, section 256D.03, is 23.19 amended by adding a subdivision to read: 23.20 Subd. 3c. [GENERAL ASSISTANCE MEDICAL CARE ELIGIBILITY 23.21 EFFECTIVE JULY 1, 2002.] (a) Effective July 1, 2002, general 23.22 assistance medical care may be paid only for individuals who 23.23 meet the income and asset standards specified in subdivision 3 23.24 and who: 23.25 (1) would be eligible for medical assistance except that 23.26 the person resides in a facility determined by the federal 23.27 Center for Medicare and Medicaid Services to be an institution 23.28 for mental diseases; or 23.29 (2) are children under age 18, or adults over age 65 who 23.30 are aged, blind, or disabled as defined in Code of Federal 23.31 Regulations, title 42, sections 435.520, 435.530, 435.531, 23.32 435.540, and 435.541, who are undocumented or nonimmigrants, and 23.33 who otherwise meet the eligibility requirements of chapter 256B. 23.34 (b) The commissioner shall refer individuals who are 23.35 enrolled in the general assistance medical care program as of 23.36 July 1, 2002 who are not eligible under paragraph (a) to the 24.1 MinnesotaCare program over a six-month transition period ending 24.2 December 31, 2002. The commissioner, in consultation with 24.3 county agencies, shall develop a transition plan that: (1) 24.4 first refers to the MinnesotaCare program those groups of 24.5 individuals with the highest household incomes; and (2) ensures 24.6 a consistent number of referrals to the MinnesotaCare program 24.7 over the six-month transition period. During the transition 24.8 period, general assistance medical care enrollees not eligible 24.9 under paragraph (a) who have not yet been referred to 24.10 MinnesotaCare shall continue to receive covered health care 24.11 services under the general assistance medical care program. 24.12 [EFFECTIVE DATE.] This section is effective July 1, 2002. 24.13 Sec. 27. Minnesota Statutes 2000, section 256D.05, 24.14 subdivision 1, is amended to read: 24.15 Subdivision 1. [ELIGIBILITY.] (a) Each assistance unit 24.16 with income and resources less than the standard of assistance 24.17 established by the commissioner and with a member who is a 24.18 resident of the state shall be eligible for and entitled to 24.19 general assistance if the assistance unit is: 24.20 (1) a person who is suffering from a professionally 24.21 certified permanent or temporary illness, injury, or incapacity 24.22 which is expected to continue for more than 30 days and which 24.23 prevents the person from obtaining or retaining employment; 24.24 (2) a person whose presence in the home on a substantially 24.25 continuous basis is required because of the professionally 24.26 certified illness, injury, incapacity, or the age of another 24.27 member of the household; 24.28 (3) a person who has been placed in, and is residing in, a 24.29 licensed or certified facility for purposes of physical or 24.30 mental health or rehabilitation, or in an approved chemical 24.31 dependency domiciliary facility, if the placement is based on 24.32 illness or incapacity and is according to a plan developed or 24.33 approved by the county agency through its director or designated 24.34 representative; 24.35 (4) a person who resides in a shelter facility described in 24.36 subdivision 3; 25.1 (5) a person not described in clause (1) or (3) who is 25.2 diagnosed by a licensed physician, psychological practitioner, 25.3 or other qualified professional, as mentally retarded or 25.4 mentally ill, and that condition prevents the person from 25.5 obtaining or retaining employment; 25.6 (6) a person who has an application pending for, or is 25.7 appealing termination of benefits from, the social security 25.8 disability program or the program of supplemental security 25.9 income for the aged, blind, and disabled, provided the person 25.10 has a professionally certified permanent or temporary illness, 25.11 injury, or incapacity which is expected to continue for more 25.12 than 30 days and which prevents the person from obtaining or 25.13 retaining employment; 25.14 (7) a person who is unable to obtain or retain employment 25.15 because advanced age significantly affects the person's ability 25.16 to seek or engage in substantial work; 25.17 (8) a person who has been assessed by a vocational 25.18 specialist and, in consultation with the county agency, has been 25.19 determined to be unemployable for purposes of this clause; a 25.20 person is considered employable if there exist positions of 25.21 employment in the local labor market, regardless of the current 25.22 availability of openings for those positions, that the person is 25.23 capable of performing. The person's eligibility under this 25.24 category must be reassessed at least annually. The county 25.25 agency must provide notice to the person not later than 30 days 25.26 before annual eligibility under this item ends, informing the 25.27 person of the date annual eligibility will end and the need for 25.28 vocational assessment if the person wishes to continue 25.29 eligibility under this clause. For purposes of establishing 25.30 eligibility under this clause, it is the applicant's or 25.31 recipient's duty to obtain any needed vocational assessment; 25.32 (9) a person who is determined by the county agency, 25.33 according to permanent rules adopted by the commissioner, to be 25.34 learning disabled, provided that if a rehabilitation plan for 25.35 the person is developed or approved by the county agency, the 25.36 person is following the plan; 26.1 (10) a child under the age of 18 who is not living with a 26.2 parent, stepparent, or legal custodian, and only if: the child 26.3 is legally emancipated or living with an adult with the consent 26.4 of an agency acting as a legal custodian; the child is at least 26.5 16 years of age and the general assistance grant is approved by 26.6 the director of the county agency or a designated representative 26.7 as a component of a social services case plan for the child; or 26.8 the child is living with an adult with the consent of the 26.9 child's legal custodian and the county agency. For purposes of 26.10 this clause, "legally emancipated" means a person under the age 26.11 of 18 years who: (i) has been married; (ii) is on active duty 26.12 in the uniformed services of the United States; (iii) has been 26.13 emancipated by a court of competent jurisdiction; or (iv) is 26.14 otherwise considered emancipated under Minnesota law, and for 26.15 whom county social services has not determined that a social 26.16 services case plan is necessary, for reasons other than the 26.17 child has failed or refuses to cooperate with the county agency 26.18 in developing the plan; 26.19 (11) a person who is eligible for displaced homemaker 26.20 services, programs, or assistance under section 268.96, but only 26.21 if that person is enrolled as a full-time student; 26.22 (12) a person who lives more than four hours round-trip 26.23 traveling time from any potential suitable employment; 26.24 (13) a person who is involved with protective or 26.25 court-ordered services that prevent the applicant or recipient 26.26 from working at least four hours per day; 26.27 (14) a person over age 18 whose primary language is not 26.28 English and who is attending high school at least half time; or 26.29 (15) a person whose alcohol and drug addiction is a 26.30 material factor that contributes to the person's disability; 26.31 applicants who assert this clause as a basis for eligibility 26.32 must be assessed by the county agency to determine if they are 26.33 amenable to treatment; if the applicant is determined to be not 26.34 amenable to treatment, but is otherwise eligible for benefits, 26.35 then general assistance must be paid in vendor form, for the 26.36 individual's shelter costs up to the limit of the grant amount, 27.1 with the residual, if any, paid according to section 256D.09, 27.2 subdivision 2a; if the applicant is determined to be amenable to 27.3 treatment, then in order to receive benefits, the applicant must 27.4 be in a treatment program or on a waiting list and the benefits 27.5 must be paid in vendor form, for the individual's shelter costs, 27.6 up to the limit of the grant amount, with the residual, if any, 27.7 paid according to section 256D.09, subdivision 2a. 27.8 (b) As a condition of eligibility under paragraph (a), 27.9 clauses (1), (3), (5), (8), and (9), the recipient must complete 27.10 an interim assistance agreement and must apply for other 27.11 maintenance benefits as specified in section 256D.06, 27.12 subdivision 5, and must comply with efforts to determine the 27.13 recipient's eligibility for those other maintenance benefits. 27.14 (c) The burden of providing documentation for a county 27.15 agency to use to verify eligibility for general assistance or 27.16 for exemption from the food stamp employment and training 27.17 program is upon the applicant or recipient. The county agency 27.18 shall use documents already in its possession to verify 27.19 eligibility, and shall help the applicant or recipient obtain 27.20 other existing verification necessary to determine eligibility 27.21 which the applicant or recipient does not have and is unable to 27.22 obtain. 27.23 (d) Effective July 1, 2002, general assistance is available 27.24 to an assistance unit for six months in a consecutive 24-month 27.25 period. Only months of general assistance received after July 27.26 1, 2002, shall be counted toward the six-month limit. This 27.27 paragraph does not apply to an assistance unit that is approved 27.28 for placement in a licensed or registered setting according to 27.29 chapter 256I or is a resident in a licensed or certified 27.30 facility under section 256D.05, subdivision 1, paragraph (a), 27.31 clause (3). 27.32 Sec. 28. Minnesota Statutes 2000, section 256D.06, 27.33 subdivision 2, is amended to read: 27.34 Subd. 2. [EMERGENCY NEED.] Notwithstanding the provisions 27.35 of subdivision 1, a grant of general assistance shall be made to 27.36 an eligible single adult, married couple, or family for an 28.1 emergency need, as defined in rules promulgated by the 28.2 commissioner, where the recipient requests temporary assistance 28.3 not exceeding 30 days if an emergency situation appears to exist 28.4 and(a) until March 31, 1998, the individual is ineligible for28.5the program of emergency assistance under aid to families with28.6dependent children and is not a recipient of aid to families28.7with dependent children at the time of application; or (b)the 28.8 individual or family is (i) ineligible for MFIP-S or is not a 28.9 participant of MFIP-S; and (ii) is ineligible for emergency 28.10 assistance under section 256J.48. If an applicant or recipient 28.11 relates facts to the county agency which may be sufficient to 28.12 constitute an emergency situation, the county agency shall 28.13 advise the person of the procedure for applying for assistance 28.14 according to this subdivision. Effective July 1, 2002, 28.15 emergency assistance under this subdivision is available during 28.16 one 30-day period in a consecutive 18-month period. Only months 28.17 of emergency assistance received under this subdivision after 28.18 July 1, 2002 shall be counted toward the period of eligibility. 28.19 A county shall issue assistance for need that accrue before that 28.20 30-day period only when it is necessary to resolve emergencies 28.21 arising or continuing to arise during the 30-day period of 28.22 eligibility. 28.23 Sec. 29. Minnesota Statutes 2001 Supplement, section 28.24 256J.24, subdivision 10, is amended to read: 28.25 Subd. 10. [MFIP EXIT LEVELEARNED INCOME DISREGARD.]The28.26commissioner shall adjust the MFIP earned income disregard to28.27ensure that most participants do not lose eligibility for MFIP28.28until their income reaches at least 120 percent of the federal28.29poverty guidelines in effect in October of each fiscal year.28.30The adjustment to the disregard shall be based on a household28.31size of three, and the resulting earned income disregard28.32percentage must be applied to all household sizes. The28.33adjustment under this subdivision must be implemented at the28.34same time as the October food stamp cost-of-living adjustment is28.35reflected in the food portion of MFIP transitional standard as28.36required under subdivision 5a.In state fiscal year 2003 and 29.1 thereafter, the earned income disregard percentage must be the 29.2 same as the percentage implemented in October 2000. 29.3 Sec. 30. Minnesota Statutes 2001 Supplement, section 29.4 256J.425, subdivision 3, is amended to read: 29.5 Subd. 3. [HARD-TO-EMPLOY PARTICIPANTS.] An assistance unit 29.6 subject to the time limit in section 256J.42, subdivision 1, in 29.7 which any participant has received 60 counted months of 29.8 assistance, is eligible to receive months of assistance under a 29.9 hardship extension if the participant belongs to any of the 29.10 following groups: 29.11 (1) a person who is diagnosed by a licensed physician, 29.12 psychological practitioner, or other qualified professional, as 29.13 mentally retarded or mentally ill, and that condition prevents 29.14 the person from obtaining or retaining unsubsidized employment; 29.15 (2) a person who: 29.16 (i) has been assessed by a vocational specialist or the 29.17 county agency to be unemployable for purposes of this 29.18 subdivision; or 29.19 (ii) has an IQ below 80 who has been assessed by a 29.20 vocational specialist or a county agency to be employable, but 29.21 not at a level that makes the participant eligible for an 29.22 extension under subdivision 4 or, in the case of a 29.23 non-English-speaking person for whom it is not possible to 29.24 provide a determination due to language barriers or absence of 29.25 culturally appropriate assessment tools, is determined by a 29.26 qualified professional to have an IQ below 80. A person is 29.27 considered employable if positions of employment in the local 29.28 labor market exist, regardless of the current availability of 29.29 openings for those positions, that the person is capable of 29.30 performing;or29.31 (3) a person who is determined by the county agency to be 29.32 learning disabled or, in the case of a non-English-speaking 29.33 person for whom it is not possible to provide a medical 29.34 diagnosis due to language barriers or absence of culturally 29.35 appropriate assessment tools, is determined by a qualified 29.36 professional to have a learning disability. If a rehabilitation 30.1 plan for the person is developed or approved by the county 30.2 agency, the plan must be incorporated into the employment plan. 30.3 However, a rehabilitation plan does not replace the requirement 30.4 to develop and comply with an employment plan under section 30.5 256J.52. For purposes of this section, "learning disabled" 30.6 means the applicant or recipient has a disorder in one or more 30.7 of the psychological processes involved in perceiving, 30.8 understanding, or using concepts through verbal language or 30.9 nonverbal means. The disability must severely limit the 30.10 applicant or recipient in obtaining, performing, or maintaining 30.11 suitable employment. Learning disabled does not include 30.12 learning problems that are primarily the result of visual, 30.13 hearing, or motor handicaps; mental retardation; emotional 30.14 disturbance; or due to environmental, cultural, or economic 30.15 disadvantage.; or 30.16 (4) a person who is a victim of family violence as defined 30.17 in section 256J.49, subdivision 2, and who is participating in 30.18 an alternative employment plan under section 256J.49, 30.19 subdivision 1a. 30.20 Sec. 31. Minnesota Statutes 2001 Supplement, section 30.21 256J.425, subdivision 4, is amended to read: 30.22 Subd. 4. [EMPLOYED PARTICIPANTS.] (a) An assistance unit 30.23 subject to the time limit under section 256J.42, subdivision 1, 30.24 in which any participant has received 60 months of assistance, 30.25 is eligible to receive assistance under a hardship extension if 30.26 the participant belongs to: 30.27 (1) a one-parent assistance unit in which the participant 30.28 is participating in work activities for at least 30 hours per 30.29 week, of which an average of at least 25 hours per week every 30.30 month are spent participating in employment;or30.31 (2) a two-parent assistance unit in which the participants 30.32 are participating in work activities for at least 55 hours per 30.33 week, of which an average of at least 45 hours per week every 30.34 month are spent participating in employment.; or 30.35 (3) an assistance unit in which a participant is 30.36 participating in employment for fewer hours than those specified 31.1 in clause (1), and the participant submits verification from a 31.2 health care provider, in a form acceptable to the commissioner, 31.3 stating that the number of hours the participant may work is 31.4 limited due to illness or disability, as long as the participant 31.5 is participating in employment for at least the number of hours 31.6 specified by the health care provider. The participant must be 31.7 following the treatment recommendations of the health care 31.8 provider providing the verification. The commissioner shall 31.9 develop a form to be completed and signed by the health care 31.10 provider, documenting the diagnosis and any additional 31.11 information necessary to document the functional limitations of 31.12 the participant that limit work hours. If the participant is 31.13 part of a two-parent assistance unit, the other parent must be 31.14 treated as a one-parent assistance unit for purposes of meeting 31.15 the work requirements under this subdivision. 31.16 For purposes of this section, employment means: 31.17 (1) unsubsidized employment under section 256J.49, 31.18 subdivision 13, clause (1); 31.19 (2) subsidized employment under section 256J.49, 31.20 subdivision 13, clause (2); 31.21 (3) on-the-job training under section 256J.49, subdivision 31.22 13, clause (4); 31.23 (4) an apprenticeship under section 256J.49, subdivision 31.24 13, clause (19); 31.25 (5) supported work. For purposes of this section, 31.26 "supported work" means services supporting a participant on the 31.27 job which include, but are not limited to, supervision, job 31.28 coaching, and subsidized wages; 31.29 (6) a combination of (1) to (5); or 31.30 (7) child care under section 256J.49, subdivision 13, 31.31 clause (25), if it is in combination with paid employment. 31.32 (b) If a participant is complying with a child protection 31.33 plan under chapter 260C, the number of hours required under the 31.34 child protection plan count toward the number of hours required 31.35 under this subdivision. 31.36 (c) The county shall provide the opportunity for subsidized 32.1 employment to participants needing that type of employment 32.2 within available appropriations. 32.3 (d) To be eligible for a hardship extension for employed 32.4 participants under this subdivision, a participant in a 32.5 one-parent assistance unit or both parents in a two-parent 32.6 assistance unit must be in compliance for at least ten out of 32.7 the 12 months immediately preceding the participant's 61st month 32.8 on assistance. If only one parent in a two-parent assistance 32.9 unit fails to be in compliance ten out of the 12 months 32.10 immediately preceding the participant's 61st month, the county 32.11 shall give the assistance unit the option of disqualifying the 32.12 noncompliant parent. If the noncompliant participant is 32.13 disqualified, the assistance unit must be treated as a 32.14 one-parent assistance unit for the purposes of meeting the work 32.15 requirements under this subdivision and the assistance unit's 32.16 MFIP grant shall be calculated using the shared household 32.17 standard under section 256J.08, subdivision 82a. 32.18 (e) The employment plan developed under section 256J.52, 32.19 subdivision 5, for participants under this subdivision must 32.20 contain the number of hours specified in paragraph (a) related 32.21 to employment and work activities. The job counselor and the 32.22 participant must sign the employment plan to indicate agreement 32.23 between the job counselor and the participant on the contents of 32.24 the plan. 32.25 (f) Participants who fail to meet the requirements in 32.26 paragraph (a), without good cause under section 256J.57, shall 32.27 be sanctioned or permanently disqualified under subdivision 6. 32.28 Good cause may only be granted for that portion of the month for 32.29 which the good cause reason applies. Participants must meet all 32.30 remaining requirements in the approved employment plan or be 32.31 subject to sanction or permanent disqualification. 32.32 (g) If the noncompliance with an employment plan is due to 32.33 the involuntary loss of employment, the participant is exempt 32.34 from the hourly employment requirement under this subdivision 32.35 for one month. Participants must meet all remaining 32.36 requirements in the approved employment plan or be subject to 33.1 sanction or permanent disqualification. This exemption is 33.2 available to one-parent assistance units two times in a 12-month 33.3 period, and two-parent assistance units, two times per parent in 33.4 a 12-month period. 33.5 (h) This subdivision expires on June 30, 2004. 33.6 Sec. 32. Minnesota Statutes 2001 Supplement, section 33.7 256J.425, subdivision 5, is amended to read: 33.8 Subd. 5. [ACCRUAL OF CERTAIN EXEMPT MONTHS.] (a) A 33.9 participant who received TANF assistance that counted towards 33.10 the federal 60-month time limit while the participant was exempt 33.11 under section 256J.56, paragraph (a), clause (7), from 33.12 employment and training services requirements and who is no 33.13 longer eligible for assistance under a hardship extension under 33.14 subdivision 2, paragraph (a), clause (3), is eligible for 33.15 assistance under a hardship extension for a period of time equal 33.16 to the number of months that were counted toward the federal 33.17 60-month time limit while the participant was exempt under 33.18 section 256J.56, paragraph (a), clause (7), from the employment 33.19 and training services requirements. 33.20 (b) A participant who received TANF assistance that counted 33.21 towards the federal 60-month time limit while the participant 33.22 met the state time limit exemption criteria under section 33.23 256J.42, subdivision 4 or 5, is eligible for assistance under a 33.24 hardship extension for a period of time equal to the number of 33.25 months that were counted toward the federal 60-month time limit 33.26 while the participant met the state time limit exemption 33.27 criteria under section 256J.42, subdivision 5. 33.28 (c) A participant who received TANF assistance that counted 33.29 towards the federal 60-month time limit while the participant 33.30 was exempt under section 256J.56, paragraph (a), clause (3), 33.31 from employment and training services requirements, who 33.32 demonstrates at the time of the case review required under 33.33 section 256J.42, subdivision 6, that the participant met the 33.34 exemption criteria under section 256J.56, paragraph (a), clause 33.35 (7), during one or more months the participant was exempt under 33.36 section 256J.56, paragraph (a), clause (3), before or after July 34.1 1, 2002, is eligible for assistance under a hardship extension 34.2 for a period of time equal to the number of months that were 34.3 counted toward the federal 60-month time limit during the time 34.4 the participant met the criteria under section 256J.56, 34.5 paragraph (a), clause (7). At the time of the case review, a 34.6 county agency must explain to the participant the basis for 34.7 receiving a hardship extension based on the accrual of exempt 34.8 months. The participant must provide documentation necessary to 34.9 enable the county agency to determine whether the participant is 34.10 eligible to receive a hardship extension based on the accrual of 34.11 exempt months or authorize a county agency to verify the 34.12 information. 34.13 Sec. 33. Minnesota Statutes 2000, section 256J.48, 34.14 subdivision 1, is amended to read: 34.15 Subdivision 1. [EMERGENCY FINANCIAL ASSISTANCE.] County 34.16 human service agencies shall grant emergency financial 34.17 assistance to any needy pregnant woman or needy family with a 34.18 child under the age of 21 who is or was within six months prior 34.19 to application living with an eligible caregiver relative 34.20 specified in section 256J.08. 34.21 Except for ongoing special diets, emergency assistance is 34.22 available to a family during one 30-day period in a consecutive 34.2312-month18-month period. A county shall issue assistance for 34.24 needs that accrue before that 30-day period only when it is 34.25 necessary to resolve emergencies arising or continuing during 34.26 the 30-day period of eligibility. When emergency needs 34.27 continue, a county may issue assistance for up to 30 days beyond 34.28 the initial 30-day period of eligibility, but only when 34.29 assistance is authorized during the initial period. 34.30 Sec. 34. Minnesota Statutes 2001 Supplement, section 34.31 256J.52, subdivision 2, is amended to read: 34.32 Subd. 2. [INITIAL ASSESSMENT.] (a) The job counselor must, 34.33 with the cooperation of the participant, assess the 34.34 participant's ability to obtain and retain employment. This 34.35 initial assessment must include a review of the participant's 34.36 education level, prior employment or work experience, 35.1 transferable work skills, and existing job markets. 35.2 (b) In assessing the participant, the job counselor must 35.3 determine if the participant needs refresher courses for 35.4 professional certification or licensure, in which case, the job 35.5 search plan under subdivision 3 must include the courses 35.6 necessary to obtain the certification or licensure, in addition 35.7 to other work activities, provided the combination of the 35.8 courses and other work activities are at least for 40 hours per 35.9 week. 35.10 (c) If a participant can demonstrate to the satisfaction of 35.11 the county agency that lack of proficiency in English is a 35.12 barrier to obtaining suitable employment, the job counselor must 35.13 include participation in an intensive English as a second 35.14 language program if available or otherwise a regular English as 35.15 a second language program in the individual's employment plan 35.16 under subdivision 5. Lack of proficiency in English is not 35.17 necessarily a barrier to employment. 35.18 (d) The job counselor may approve an education or training 35.19 plan, and postpone the job search requirement, if the 35.20 participant has a proposal for an education program which: 35.21 (1) can be completed within2412 months; and 35.22 (2) meets the criteria of section 256J.53, subdivisions 1, 35.23 2, 3, and 5. 35.24 (e) A participant who, at the time of the initial 35.25 assessment, presents a plan that includes farming as a 35.26 self-employed work activity must have an employment plan 35.27 developed under subdivision 5 that includes the farming as an 35.28 approved work activity. 35.29 Sec. 35. Minnesota Statutes 2001 Supplement, section 35.30 256J.53, subdivision 1, is amended to read: 35.31 Subdivision 1. [LENGTH OF PROGRAM.] In order for a 35.32 post-secondary education or training program to be approved work 35.33 activity as defined in section 256J.49, subdivision 13, clause 35.34 (18), it must be a program lasting2412 months or less, and the 35.35 participant must meet the requirements of subdivisions 2 and 3. 35.36 A program lasting up to 24 months may be approved on an 36.1 exception basis if the conditions specified in subdivisions 2, 36.2 3, and 5 are met. A participant may not be approved for more 36.3 than a total of 24 months of post-secondary education or 36.4 training. Participants who have an approved education plan in 36.5 place as of July 1, 2002, that allows 24 months of 36.6 post-secondary education or training shall be allowed to 36.7 complete that plan provided that the conditions specified in 36.8 subdivisions 2 and 3 continue to be met. 36.9 Sec. 36. Minnesota Statutes 2000, section 256L.03, 36.10 subdivision 3, is amended to read: 36.11 Subd. 3. [INPATIENT HOSPITAL SERVICES.] (a) Covered health 36.12 services shall include inpatient hospital services, including 36.13 inpatient hospital mental health services and inpatient hospital 36.14 and residential chemical dependency treatment, subject to those 36.15 limitations necessary to coordinate the provision of these 36.16 services with eligibility under the medical assistance 36.17 spenddown. Prior to July 1, 1997, the inpatient hospital 36.18 benefit for adult enrollees is subject to an annual benefit 36.19 limit of $10,000. The inpatient hospital benefit for adult 36.20 enrollees who qualify under section 256L.04, subdivision 7, with 36.21 family gross income that exceeds 100 percent of the federal 36.22 poverty guidelines, or who qualify under section 256L.04, 36.23 subdivisions 1 and 2, with family gross income that exceeds 175 36.24 percent of the federal poverty guidelines and who are not 36.25 pregnant, is subject to an annual limit of $10,000. 36.26 (b) Admissions for inpatient hospital services paid for 36.27 under section 256L.11, subdivision 3, must be certified as 36.28 medically necessary in accordance with Minnesota Rules, parts 36.29 9505.0500 to 9505.0540, except as provided in clauses (1) and 36.30 (2): 36.31 (1) all admissions must be certified, except those 36.32 authorized under rules established under section 254A.03, 36.33 subdivision 3, or approved under Medicare; and 36.34 (2) payment under section 256L.11, subdivision 3, shall be 36.35 reduced by five percent for admissions for which certification 36.36 is requested more than 30 days after the day of admission. The 37.1 hospital may not seek payment from the enrollee for the amount 37.2 of the payment reduction under this clause. 37.3 [EFFECTIVE DATE.] This section is effective January 1, 2003. 37.4 Sec. 37. Minnesota Statutes 2000, section 256L.03, 37.5 subdivision 5, is amended to read: 37.6 Subd. 5. [COPAYMENTS AND COINSURANCE.] (a) Except as 37.7 provided in paragraphs (b) and (c), the MinnesotaCare benefit 37.8 plan shall include the following copayments and coinsurance 37.9 requirements for all enrollees: 37.10 (1) ten percent of the paid charges for inpatient hospital 37.11 services for adult enrollees, subject to an annual inpatient 37.12 out-of-pocket maximum of $1,000 per individual and $3,000 per 37.13 family; 37.14 (2)$3$6 per prescription for adult enrollees in 37.15 households with incomes above 100 percent of the federal poverty 37.16 guidelines; 37.17 (3) $25 for eyeglasses for adult enrollees; and 37.18 (4) 50 percent of the fee-for-service rate for adult dental 37.19 care services other than preventive care services for persons 37.20 eligible under section 256L.04, subdivisions 1 to 7, with income 37.21 equal to or less than 175 percent of the federal poverty 37.22 guidelines. 37.23 (b) Paragraph (a), clause (1), does not apply to parents 37.24 and relative caretakers of children under the age of 21 in 37.25 households with family income equal to or less than175275 37.26 percent of the federal poverty guidelines.Paragraph (a),37.27clause (1), does not apply to parents and relative caretakers of37.28children under the age of 21 in households with family income37.29greater than 175 percent of the federal poverty guidelines for37.30inpatient hospital admissions occurring on or after January 1,37.312001.Paragraph (a), clause (1), does not apply to adult 37.32 enrollees in households with family income equal to or less than 37.33 100 percent of the federal poverty guidelines. 37.34 (c) Paragraph (a), clauses (1) to (4), do not apply to 37.35 pregnant women and children under the age of 21. 37.36 (d) Adult enrollees with family gross income that exceeds 38.1 175 percent of the federal poverty guidelines and who are not 38.2 pregnant shall be financially responsible for the coinsurance 38.3 amount, if applicable, and amounts which exceed the $10,000 38.4 inpatient hospital benefit limit. 38.5 (e) When a MinnesotaCare enrollee becomes a member of a 38.6 prepaid health plan, or changes from one prepaid health plan to 38.7 another during a calendar year, any charges submitted towards 38.8 the $10,000 annual inpatient benefit limit, and any 38.9 out-of-pocket expenses incurred by the enrollee for inpatient 38.10 services, that were submitted or incurred prior to enrollment, 38.11 or prior to the change in health plans, shall be disregarded. 38.12 [EFFECTIVE DATE.] This section is effective January 1, 2003. 38.13 Sec. 38. Minnesota Statutes 2000, section 256L.05, 38.14 subdivision 3c, is amended to read: 38.15 Subd. 3c. [RETROACTIVE COVERAGE.] Notwithstanding 38.16 subdivision 3, the effective date of coverage shall be: (1) the 38.17 first day of the month following termination from medical 38.18 assistance or general assistance medical care for families and 38.19 individuals who are eligible for MinnesotaCare and who submitted 38.20 a written request for retroactive MinnesotaCare coverage with a 38.21 completed application within 30 days of the mailing of 38.22 notification of termination from medical assistance or general 38.23 assistance medical care; and (2) the day of application for 38.24 families and individuals with household income at or below 100 38.25 percent of the federal poverty guidelines. The applicant must 38.26 provide all required verifications within 30 days of the written 38.27 request for verification. For retroactive coverage, premiums 38.28 must be paid in full for any retroactive month, current month, 38.29 and next month within 30 days of the premium billing. 38.30 [EFFECTIVE DATE.] This section is effective January 1, 2003. 38.31 Sec. 39. Minnesota Statutes 2001 Supplement, section 38.32 256L.17, subdivision 2, is amended to read: 38.33 Subd. 2. [LIMIT ON TOTAL ASSETS.](a)Effective July 1, 38.3420022003, or upon federal approval, whichever is later, in 38.35 order to be eligible for the MinnesotaCare program, a household 38.36 of two or more persons must not own more than $30,000 in total 39.1 net assets, and a household of one person must not own more than 39.2 $15,000 in total net assets. In addition to these maximum 39.3 amounts, an eligible individual or family may accrue interest on 39.4 these amounts, but they must be reduced to the maximum at the 39.5 time of an eligibility redetermination. The value of assets 39.6 that are not considered in determining eligibility for medical 39.7 assistance for families and children is the value of those 39.8 assets excluded under the AFDC state plan as of July 16, 1996, 39.9 as required by the Personal Responsibility and Work Opportunity 39.10 Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193, 39.11 with the following exceptions: 39.12 (1) household goods and personal effects are not 39.13 considered; 39.14 (2) capital and operating assets of a trade or business up 39.15 to $200,000 are not considered; 39.16 (3) one motor vehicle is excluded for each person of legal 39.17 driving age who is employed or seeking employment; 39.18 (4) one burial plot and all other burial expenses equal to 39.19 the supplemental security income program asset limit are not 39.20 considered for each individual; 39.21 (5) court-ordered settlements up to $10,000 are not 39.22 considered; 39.23 (6) individual retirement accounts and funds are not 39.24 considered; and 39.25 (7) assets owned by children are not considered. 39.26(b) For purposes of this subdivision, assets are determined39.27according to section 256B.056, subdivision 3c.39.28 Sec. 40. [REPEALER.] 39.29 Subdivision 1. [MEDICAL ASSISTANCE INCOME DISREGARD FOR 39.30 FAMILIES.] Minnesota Statutes 2001 Supplement, section 256B.056, 39.31 subdivision 1c, is repealed effective July 1, 2002. 39.32 Subd. 2. [MEDICAL ASSISTANCE ASSET LIMIT FOR 39.33 FAMILIES.] Minnesota Statutes 2001 Supplement, section 256B.056, 39.34 subdivision 3c, is repealed effective July 1, 2002. 39.35 ARTICLE 2 39.36 APPROPRIATIONS 40.1 Section 1. [HEALTH AND HUMAN SERVICES APPROPRIATIONS.] 40.2 The dollar amounts shown in the columns marked 40.3 "APPROPRIATIONS" are added to or, if shown in parentheses, are 40.4 subtracted from the appropriations in Laws 2001, First Special 40.5 Session chapter 9 and Laws 2002 chapter 220, or other law, and 40.6 are appropriated from the general fund, or any other fund named, 40.7 to the agencies and for the purposes specified in this article, 40.8 to be available for the fiscal years indicated for each 40.9 purpose. The figures "2002" and "2003" used in this article 40.10 mean that the appropriation or appropriations listed under them 40.11 are available for the fiscal year ending June 30, 2002, or June 40.12 30, 2003, respectively. 40.13 APPROPRIATIONS 40.14 Available for the Year 40.15 Ending June 30 40.16 2002 2003 40.17 Sec. 2. COMMISSIONER OF 40.18 HUMAN SERVICES 40.19 Subdivision 1. Total 40.20 Appropriation $ 37,219,000 $ 84,887,000 40.21 Summary by Fund 40.22 General 47,207,000 (14,848,000) 40.23 Health Care 40.24 Access (2,605,000) 89,674,000 40.25 Federal TANF (7,383,000) 10,061,000 40.26 Subd. 2. Agency Management 40.27 Subd. 3. Administrative 40.28 Reimbursement/Passthrough 40.29 Federal TANF -0- 10,000,000 40.30 Subd. 4. Basic Health Care 40.31 Grants 40.32 General 9,514,000 (35,257,000) 40.33 Health Care 40.34 Access (2,605,000) 89,674,000 40.35 The amounts that may be spent from this 40.36 appropriation for each purpose are as 40.37 follows: 40.38 (a) MinnesotaCare Grants 40.39 Health Care 40.40 Access (2,605,000) 89,674,000 40.41 (b) MA Basic Health Care 40.42 Grants - Families and Children 41.1 General 7,612,000 (19,850,000) 41.2 (c) MA Basic Health Care 41.3 Grants - Elderly and Disabled 41.4 General (779,000) 7,476,000 41.5 (d) General Assistance 41.6 Medical Care Grants 41.7 General 2,681,000 (22,883,000) 41.8 [GENERAL FUND TRANSFER TO THE HEALTH 41.9 CARE ACCESS FUND.] For fiscal year 41.10 2003, funds are transferred from the 41.11 general fund to the health care access 41.12 fund in an amount equal to 76.7 percent 41.13 of the projected savings to general 41.14 assistance medical care (GAMC) that 41.15 would result from the modification of 41.16 the GAMC program. It is estimated that 41.17 $92,259,000 will be transferred to the 41.18 health care access fund under this 41.19 paragraph in fiscal year 2003, 41.20 $133,110,000 in fiscal year 2004, and 41.21 $127,669,000 in fiscal year 2005. 41.22 (e) Health Care Grants - 41.23 Other Assistance 41.24 General -0- -0- 41.25 [U SPECIAL KIDS PROGRAM.] Of this 41.26 appropriation, $175,000 in fiscal year 41.27 2002 is immediately available to the 41.28 commissioner to be transferred 41.29 immediately to the University of 41.30 Minnesota for the U Special Kids 41.31 program. The money may be used to 41.32 match private grants. The money shall 41.33 be used to provide physician-supervised 41.34 medical case management services for up 41.35 to 50 Minnesota children in the program 41.36 who are eligible for medical 41.37 assistance. Base-level funding for 41.38 fiscal year 2004 shall be $175,000 and 41.39 for fiscal year 2005 shall be zero. 41.40 [HIV/AIDS DRUG REBATES.] General fund 41.41 appropriations for HIV/AIDS grants and 41.42 services that are no longer needed as a 41.43 result of greater than anticipated 41.44 collections under the AIDS drug 41.45 assistance program rebate must be used 41.46 to meet funding needs of the state 41.47 prescription drug program. 41.48 Subd. 5. Basic Health Care 41.49 Management 41.50 General -0- (100,000) 41.51 The amounts that may be spent from this 41.52 appropriation for each purpose are as 41.53 follows: 41.54 (a) Health Care Policy 41.55 Administration 41.56 General -0- (100,000) 42.1 [ENROLLMENT STUDY.] The study of the 42.2 enrollment of children in the 42.3 MinnesotaCare and medical assistance 42.4 programs in Laws 2001, First Special 42.5 Session, chapter 9, article 17, section 42.6 2, subdivision 7, is repealed. 42.7 Subd. 6. State-Operated 42.8 Services 42.9 General -0- 2,500,000 42.10 [STATE OPERATED SERVICES ACCOUNTS.] (a) 42.11 On June 30, 2002, the balances within 42.12 the accounts established under 42.13 Minnesota Statutes, sections 245.037; 42.14 246.18, subdivision 5; 246.57, 42.15 subdivision 1; 246.57, subdivision 5; 42.16 and 246.57, subdivision 6, shall be 42.17 deposited into the general fund. On 42.18 July 1, 2002, the accounts established 42.19 under these sections shall be abolished. 42.20 (b) On June 30, 2002, the balances 42.21 within the accounts in the special 42.22 revenue fund established under 42.23 Minnesota Statutes, section 246.18, 42.24 subdivision 6, shall be deposited into 42.25 the general fund. On July 1, 2002, the 42.26 accounts within the special revenue 42.27 fund established under Minnesota 42.28 Statutes, section 246.18, subdivision 42.29 6, shall be abolished. 42.30 (c) For fiscal year 2003, $2,500,000 is 42.31 appropriated from the general fund to 42.32 the commissioner of human services for 42.33 the purposes specified under Minnesota 42.34 Statutes, sections 245.037; 246.18, 42.35 subdivision 5; 246.18, subdivision 6; 42.36 246.57, subdivision 1; 246.57, 42.37 subdivision 5; and 246.57, subdivision 42.38 6. Prior to the expenditure of funds 42.39 from this appropriation, the 42.40 commissioner shall submit a spending 42.41 plan to the appropriate legislative 42.42 fiscal committees. 42.43 Subd. 7. Continuing Care 42.44 Grants 42.45 General 27,896,000 20,655,000 42.46 Federal TANF -0- 4,700,000 42.47 The amounts that may be spent from this 42.48 appropriation for each purpose are as 42.49 follows: 42.50 (a) Community Social 42.51 Services Grants 42.52 Federal TANF -0- 4,700,000 42.53 [TANF TRANSFER TO SOCIAL SERVICES.] Of 42.54 the federal TANF appropriation in 42.55 fiscal year 2003, $4,700,000 is 42.56 transferred each year to the state's 42.57 federal Title XX block grant. 42.58 Notwithstanding the provisions of 42.59 Minnesota Statutes, section 256E.07, in 43.1 each year of the biennium the 43.2 commissioner shall allocate $4,700,000 43.3 of the state's Title XX block grant 43.4 funds proportionate to the amount a 43.5 county received in calendar year 2001 43.6 community social services aids under 43.7 Minnesota Statutes, section 256E.06. 43.8 The commissioner shall ensure that 43.9 money allocated to counties under this 43.10 provision is used according to the 43.11 requirements of United States Code, 43.12 title 42, section 604(d)(3)(B). 43.13 Notwithstanding section 6, this 43.14 provision expires June 30, 2005. 43.15 (b) Medical Assistance 43.16 Long-Term Care Waivers and 43.17 Home Care Grants 43.18 General 26,054,000 26,552,000 43.19 (c) Medical Assistance 43.20 Long-Term Care Facilities 43.21 Grants 43.22 General 1,815,000 (5,586,000) 43.23 (d) Group Residential 43.24 Housing Grants 43.25 General 27,000 689,000 43.26 (e) Chemical Dependency 43.27 Entitlement Grants 43.28 General -0- (1,000,000) 43.29 (f) Chemical Dependency 43.30 Nonentitlement Grants 43.31 General -0- -0- 43.32 [CONSOLIDATED CHEMICAL DEPENDENCY 43.33 TREATMENT FUND TIER II FUNDING.] 43.34 $6,615,000 of funds available in the 43.35 consolidated chemical dependency 43.36 treatment fund general reserve account 43.37 is transferred in fiscal year 2003 to 43.38 the general fund. 43.39 Subd. 8. Economic 43.40 Support Grants 43.41 General 9,797,000 (2,646,000) 43.42 Federal TANF (7,383,000) 5,361,000 43.43 (a) Assistance to Families 43.44 Grants 43.45 General 8,712,000 (3,740,000) 43.46 Federal TANF (7,383,000) 6,558,000 43.47 (b) Economic Support 43.48 Grants - Other Assistance 43.49 Federal TANF -0- (1,197,000) 43.50 [TANF TRANSFER TO CHILD CARE AND 43.51 DEVELOPMENT BLOCK GRANT.] The 44.1 appropriation in Laws 2001, First 44.2 Special Session chapter 9, article 17, 44.3 section 2, subdivision 11, to the 44.4 commissioner of children, families, and 44.5 learning, for the purposes of section 44.6 119B.05 for fiscal year 2003 is reduced 44.7 by $1,197,000. 44.8 (c) General Assistance 44.9 Grants 44.10 General 1,361,000 1,083,000 44.11 (d) Minnesota Supplemental 44.12 Aid Grants 44.13 General (276,000) 11,000 44.14 Sec. 3. COMMISSIONER OF HEALTH 44.15 Subdivision 1. Total Appropriation 44.16 Reductions -0- (928,000) 44.17 SUMMARY BY FUND 44.18 2002 2003 44.19 General -0- (928,000) 44.20 Subd. 2. Family and Community 44.21 Health -0- (928,000) 44.22 Summary by Fund 44.23 General -0- (928,000) 44.24 Sec. 4. VETERANS NURSING HOMES 44.25 BOARD -0- 1,400,000 44.26 This appropriation is for the operation 44.27 of existing licensed bed capacity at 44.28 the veterans nursing homes. 44.29 Sec. 5. HEALTH RELATED BOARDS 44.30 Subdivision 1. Total Appropriation -0- 3,000 44.31 [STATE GOVERNMENT SPECIAL REVENUE 44.32 FUND.] The appropriations in this 44.33 section are from the state government 44.34 special revenue fund. 44.35 [GUEST LICENSURE.] Of this 44.36 appropriation $3,000 in fiscal year 44.37 2003 is to the board of dentistry for 44.38 guest licensure of dentists or dental 44.39 hygienists or guest registration of 44.40 dental assistants under Minnesota 44.41 Statutes, section 150A.06, subdivision 44.42 2c. 44.43 Sec. 6. [SUNSET OF UNCODIFIED LANGUAGE.] 44.44 All uncodified language contained in this article expires 44.45 on June 30, 2003, unless a different expiration date is explicit. 44.46 Sec. 7. [EFFECTIVE DATE.] 44.47 The appropriations and reductions for fiscal year 2002 in 45.1 this article are effective the day following final enactment.