HF 2797

as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2014 03:46pm

A bill for an act
relating to human services; increasing the medical assistance personal needs
allowance for persons in certain facilities; amending Minnesota Statutes 2012,
section 256B.35, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 256B.35, subdivision 1, is amended to read:

Subdivision 1.

Personal needs allowance.

(a) Notwithstanding any law to the
contrary, welfare allowances for clothing and personal needs for individuals receiving
medical assistance while residing in any skilled nursing home, intermediate care facility,
or medical institution including recipients of Supplemental Security Income, in this state
shall not be less than $45 per month from all sources. When benefit amounts for Social
Security or Supplemental Security Income recipients are increased pursuant to United
States Code, title 42, sections 415(i) and 1382f, the commissioner shall, effective in the
month in which the increase takes effect, increase by the same percentage to the nearest
whole dollar the clothing and personal needs allowance for individuals receiving medical
assistance while residing in any skilled nursing home, medical institution, or intermediate
care facility. The commissioner shall provide timely notice to local agencies, providers,
and recipients of increases under this provision.

(b) The personal needs allowance may be paid as part of the Minnesota supplemental
aid program, and payments to recipients of Minnesota supplemental aid may be made once
each three months covering liabilities that accrued during the preceding three months.

(c) The personal needs allowance shall be increased to include income garnished
for child support under a court order, up to a maximum of $250 per month but only to
the extent that the amount garnished is not deducted as a monthly allowance for children
under section 256B.0575, paragraph (a), clause (5).

new text begin (d) The personal needs allowance shall be increased to include income garnished
for spousal maintenance under a judgment and decree for dissolution of marriage, and
any administrative fees garnished for collection efforts.
new text end