HF 2640

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

  1.1                          A bill for an act 
  1.2             relating to human services; requiring persons 
  1.3             wrongfully obtaining medical assistance, 
  1.4             MinnesotaCare, or general assistance medical care to 
  1.5             be disqualified from the program; amending Minnesota 
  1.6             Statutes 2001 Supplement, section 256.98, subdivision 
  1.7             8. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.10  256.98, subdivision 8, is amended to read: 
  1.11     Subd. 8.  [DISQUALIFICATION FROM PROGRAM.] (a) Any person 
  1.12  found to be guilty of wrongfully obtaining assistance by a 
  1.13  federal or state court or by an administrative hearing 
  1.14  determination, or waiver thereof, through a disqualification 
  1.15  consent agreement, or as part of any approved diversion plan 
  1.16  under section 401.065, or any court-ordered stay which carries 
  1.17  with it any probationary or other conditions, in the Minnesota 
  1.18  family investment program, the food stamp program, the general 
  1.19  assistance program, the group residential housing program, or 
  1.20  the Minnesota supplemental aid program shall be disqualified 
  1.21  from that program.  In addition, any person disqualified from 
  1.22  the Minnesota family investment program shall also be 
  1.23  disqualified from the food stamp program.  The needs of that 
  1.24  individual shall not be taken into consideration in determining 
  1.25  the grant level for that assistance unit:  
  1.26     (1) for one year after the first offense; 
  2.1      (2) for two years after the second offense; and 
  2.2      (3) permanently after the third or subsequent offense.  
  2.3      The period of program disqualification shall begin on the 
  2.4   date stipulated on the advance notice of disqualification 
  2.5   without possibility of postponement for administrative stay or 
  2.6   administrative hearing and shall continue through completion 
  2.7   unless and until the findings upon which the sanctions were 
  2.8   imposed are reversed by a court of competent jurisdiction.  The 
  2.9   period for which sanctions are imposed is not subject to 
  2.10  review.  The sanctions provided under this subdivision are in 
  2.11  addition to, and not in substitution for, any other sanctions 
  2.12  that may be provided for by law for the offense involved.  A 
  2.13  disqualification established through hearing or waiver shall 
  2.14  result in the disqualification period beginning immediately 
  2.15  unless the person has become otherwise ineligible for 
  2.16  assistance.  If the person is ineligible for assistance, the 
  2.17  disqualification period begins when the person again meets the 
  2.18  eligibility criteria of the program from which they were 
  2.19  disqualified and makes application for that program. 
  2.20     (b) A family receiving assistance through child care 
  2.21  assistance programs under chapter 119B with a family member who 
  2.22  is found to be guilty of wrongfully obtaining child care 
  2.23  assistance by a federal court, state court, or an administrative 
  2.24  hearing determination or waiver, through a disqualification 
  2.25  consent agreement, as part of an approved diversion plan under 
  2.26  section 401.065, or a court-ordered stay with probationary or 
  2.27  other conditions, is disqualified from child care assistance 
  2.28  programs.  The disqualifications must be for periods of three 
  2.29  months, six months, and two years for the first, second, and 
  2.30  third offenses respectively.  Subsequent violations must result 
  2.31  in permanent disqualification.  During the disqualification 
  2.32  period, disqualification from any child care program must extend 
  2.33  to all child care programs and must be immediately applied. 
  2.34     (c) Any person found to be guilty of wrongfully obtaining 
  2.35  general assistance medical care by a federal or state court or 
  2.36  by an administrative hearing determination, or waiver thereof, 
  3.1   through a disqualification consent agreement, or as part of any 
  3.2   approved diversion plan under section 401.065, or any 
  3.3   court-ordered stay which carries with it any probationary or 
  3.4   other conditions, is disqualified from that program.  The period 
  3.5   of disqualification is one year after the first offense, two 
  3.6   years after the second offense, and permanently after the third 
  3.7   or subsequent offense. 
  3.8      The period of program disqualification shall begin on the 
  3.9   date stipulated on the advance notice of disqualification 
  3.10  without possibility of postponement for administrative stay or 
  3.11  administrative hearing and shall continue through completion 
  3.12  unless and until the findings upon which the sanctions were 
  3.13  imposed are reversed by a court of competent jurisdiction.  The 
  3.14  period for which sanctions are imposed is not subject to 
  3.15  review.  The sanctions provided under this subdivision are in 
  3.16  addition to, and not in substitution for, any other sanctions 
  3.17  that may be provided for by law for the offense involved.  A 
  3.18  disqualification established through hearing or waiver shall 
  3.19  result in the disqualification period beginning immediately 
  3.20  unless the person has become otherwise ineligible for 
  3.21  assistance.  If the person is ineligible for assistance, the 
  3.22  disqualification period begins when the person again meets the 
  3.23  eligibility criteria of the program from which they were 
  3.24  disqualified and makes application for that program. 
  3.25     (d) Any person found to be guilty of wrongfully obtaining 
  3.26  medical assistance through a criminal action is subject to the 
  3.27  penalties in section 256B.061.  Upon any future change in 
  3.28  federal law allowing the use of administrative disqualification 
  3.29  hearings, the commissioner shall develop and recommend 
  3.30  procedures for conducting such hearings and imposing periods of 
  3.31  disqualification upon individuals found to have wrongfully 
  3.32  obtained medical assistance or MinnesotaCare by an 
  3.33  administrative disqualification hearing or waiver thereof.