HF 3126

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; expanding the coverage of 
  1.3             the unitary residence act to community-based services; 
  1.4             removing income maintenance, medical, and employment 
  1.5             programs from coverage under certain provisions; 
  1.6             limiting the ability to change residence while in an 
  1.7             excluded time status; reinstituting the concept of 
  1.8             derivative settlement between human service programs; 
  1.9             eliminating the tie between social service and income 
  1.10            maintenance programs; amending Minnesota Statutes 
  1.11            1994, sections 256G.01, subdivision 3, and by adding 
  1.12            subdivisions; 256G.02, subdivisions 4 and 6; 256G.03; 
  1.13            256G.06; 256G.07, subdivisions 1 and 2; 256G.09, 
  1.14            subdivisions 2 and 5; and 256G.10; repealing Minnesota 
  1.15            Statutes 1994, sections 256G.05, subdivision 1; and 
  1.16            256G.07, subdivision 3a. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1994, section 256G.01, 
  1.19  subdivision 3, is amended to read: 
  1.20     Subd. 3.  [PROGRAM COVERAGE.] This chapter applies to 
  1.21  all social service programs administered by the commissioner in 
  1.22  which residence is the determining factor in establishing 
  1.23  financial responsibility.  These include, but are not limited 
  1.24  to:  aid to families with dependent children; medical 
  1.25  assistance; general assistance; work readiness; general 
  1.26  assistance medical care; Minnesota supplemental aid; commitment 
  1.27  proceedings, including voluntary admissions; emergency holds 
  1.28  under sections 253B.05, subdivisions 1 and 2, and 253B.07, 
  1.29  subdivision 6; poor relief funded wholly through local agencies; 
  1.30  and social services, including title XX, IV-E and other 
  1.31  components of the community social services act, sections 
  2.1   256E.01 to 256E.12; social services programs funded wholly 
  2.2   through the resources of county agencies; social services 
  2.3   provided under the Minnesota Indian family preservation act, 
  2.4   sections 257.35 to 257.356; costs for delinquency confinement 
  2.5   under section 393.07, subdivision 2; and service responsibility 
  2.6   for these programs.  
  2.7      Sec. 2.  Minnesota Statutes 1994, section 256G.01, is 
  2.8   amended by adding a subdivision to read: 
  2.9      Subd. 4.  [ADDITIONAL COVERAGE.] The provisions in sections 
  2.10  256G.02, subdivision 4, paragraphs (a) to (d); 256G.02, 
  2.11  subdivisions 5 to 8; 256G.03; 256G.04; 256G.05; and 256G.07, 
  2.12  subdivisions 1 to 3 apply to the following programs:  aid to 
  2.13  families with dependent children; medical assistance; general 
  2.14  assistance; family general assistance; work readiness; general 
  2.15  assistance medical care; and Minnesota supplemental aid. 
  2.16     Sec. 3.  Minnesota Statutes 1994, section 256G.01, is 
  2.17  amended by adding a subdivision to read: 
  2.18     Subd. 5.  [SCOPE AND EFFECT.] Unless stated otherwise, the 
  2.19  provisions of this chapter also apply to disputes involving 
  2.20  financial responsibility for social services when another 
  2.21  definition of the county of financial responsibility has been 
  2.22  created in Minnesota Statutes.  
  2.23     Sec. 4.  Minnesota Statutes 1994, section 256G.02, 
  2.24  subdivision 4, is amended to read: 
  2.25     Subd. 4.  [COUNTY OF FINANCIAL RESPONSIBILITY.] (a) "County 
  2.26  of financial responsibility" has the meanings in paragraphs (b) 
  2.27  to (h).  
  2.28     (b) For an applicant who resides in the state and is not in 
  2.29  a facility described in subdivision 6, it means the county in 
  2.30  which the applicant resides at the time of application.  
  2.31     (c) For an applicant who resides in a facility described in 
  2.32  subdivision 6, it means the county in which the applicant last 
  2.33  resided in nonexcluded status immediately before entering the 
  2.34  facility.  
  2.35     (d) For an applicant who has not resided in this state for 
  2.36  any time other than the excluded time, and subject to the 
  3.1   limitations in section 256G.03, subdivision 2, it means the 
  3.2   county in which the applicant resides at the time of making 
  3.3   application.  
  3.4      (e) For medical assistance purposes only, and for an infant 
  3.5   who has resided only in an excluded time facility, it means the 
  3.6   county that would have been responsible for the infant if 
  3.7   eligibility had been established, based on that of the birth 
  3.8   mother, at the time of application. 
  3.9      (f) Notwithstanding paragraphs (b) to (d), the county of 
  3.10  financial responsibility for medical assistance recipients is 
  3.11  the county from which a recipient is receiving a maintenance 
  3.12  grant or money payment under the program of aid to families with 
  3.13  dependent children or Minnesota supplemental aid. 
  3.14     (g) Notwithstanding paragraphs (b) to (f), the county of 
  3.15  financial responsibility for social services for a person 
  3.16  receiving aid to families with dependent children, general 
  3.17  assistance, general assistance medical care, medical assistance, 
  3.18  or Minnesota supplemental aid is the county from which that 
  3.19  person is receiving the aid or assistance.  If more than one 
  3.20  named program is open concurrently For an individual already 
  3.21  having a social service case open in one county, financial 
  3.22  responsibility for any additional social services attaches to 
  3.23  the program case that has the earliest date of application and 
  3.24  has been open without interruption.  
  3.25     (h) (f) Notwithstanding paragraphs (b) to (g) (e), the 
  3.26  county of financial responsibility for semi-independent living 
  3.27  services provided under section 252.275, and Minnesota Rules, 
  3.28  parts 9525.0500 to 9525.0660, is the county of residence in 
  3.29  nonexcluded status immediately before the placement into or 
  3.30  request for those services. 
  3.31     Sec. 5.  Minnesota Statutes 1994, section 256G.02, 
  3.32  subdivision 6, is amended to read: 
  3.33     Subd. 6.  [EXCLUDED TIME.] "Excluded time" means: 
  3.34     (a) any period an applicant spends in a hospital, 
  3.35  sanitarium, nursing home, shelter other than an emergency 
  3.36  shelter, halfway house, foster home, semi-independent living 
  4.1   domicile or services program, residential facility offering 
  4.2   care, board and lodging facility or other institution for the 
  4.3   hospitalization or care of human beings, as defined in section 
  4.4   144.50, 144A.01, or 245A.02, subdivision 14; or in a maternity 
  4.5   home, battered women's shelter, or correctional facility.  
  4.6   "Excluded time" also means that time during which an applicant 
  4.7   participates in a rehabilitation facility as defined in section 
  4.8   268A.01, or is receiving personal care assistant services 
  4.9   pursuant to section 256B.0625, subdivision 19.; or any facility 
  4.10  based on an emergency hold under sections 253B.05, subdivisions 
  4.11  1 and 2, and 253B.07, subdivision 6; 
  4.12     (b) any period an applicant spends on a placement basis in 
  4.13  a training and habilitation program, including a rehabilitation 
  4.14  facility or work or employment program as defined in section 
  4.15  268A.01; or receiving personal care assistant services pursuant 
  4.16  to section 256B.0627, subdivision 4; semi-independent living 
  4.17  services provided under section 252.275, and Minnesota Rules, 
  4.18  parts 9525.0500 to 9525.0660; day training and habilitation 
  4.19  programs, and community-based services for mentally retarded and 
  4.20  mentally ill individuals and individuals receiving assisted 
  4.21  living service facilities; and 
  4.22     (c) any placement for a person with an indeterminate 
  4.23  commitment, including independent living. 
  4.24     Sec. 6.  Minnesota Statutes 1994, section 256G.03, is 
  4.25  amended to read: 
  4.26     256G.03 [ESTABLISHING RESIDENCE.] 
  4.27     Subdivision 1.  [STATE RESIDENCE.] For purposes of this 
  4.28  chapter, a resident of any Minnesota county is considered a 
  4.29  state resident.  For purposes of eligibility for general 
  4.30  assistance or work readiness, residency must be substantiated 
  4.31  according to section 256D.02, subdivision 12a. 
  4.32     Subd. 2.  [NO DURATIONAL TEST.] For purposes of this 
  4.33  chapter, no waiting period is required before securing county or 
  4.34  state residence.  Notwithstanding any other provision of this 
  4.35  chapter, a person cannot, however, gain county or state 
  4.36  residence by entering an excluded time facility or excluded time 
  5.1   program while physically present in an excluded time facility 
  5.2   unless otherwise specified in this chapter or in a specifically 
  5.3   mandated by federal regulation controlling a federally funded 
  5.4   human service program. 
  5.5      Sec. 7.  Minnesota Statutes 1994, section 256G.06, is 
  5.6   amended to read: 
  5.7      256G.06 [DETOXIFICATION SERVICES.] 
  5.8      The county of financial responsibility for detoxification 
  5.9   services is the county where the client is physically present 
  5.10  when the need for services is identified.  If that need is 
  5.11  identified while the client is a resident of a chemical 
  5.12  dependency facility, the provisions of section 256G.02, 
  5.13  subdivision 4, paragraphs (b), (c), and (e) (d) apply. 
  5.14     Sec. 8.  Minnesota Statutes 1994, section 256G.07, 
  5.15  subdivision 1, is amended to read: 
  5.16     Subdivision 1.  [EFFECT OF MOVING.] Except as provided in 
  5.17  subdivision 4, a person who has applied for and is receiving 
  5.18  services or assistance under a program governed by this chapter, 
  5.19  in any county in this state, and who moves to another county in 
  5.20  this state, is entitled to continue to receive that assistance 
  5.21  service from the county from which that person has moved until 
  5.22  that person has resided in nonexcluded status for two full 
  5.23  calendar months in the county to which that person has 
  5.24  moved.  For purposes of general assistance and general 
  5.25  assistance medical care, this time period is, however, one full 
  5.26  calendar month. 
  5.27     Sec. 9.  Minnesota Statutes 1994, section 256G.07, 
  5.28  subdivision 2, is amended to read: 
  5.29     Subd. 2.  [TRANSFER OF RECORDS.] Before the person has 
  5.30  resided in nonexcluded status for two calendar months or one 
  5.31  calendar month in the case of general assistance and general 
  5.32  assistance medical care, in the county to which that person has 
  5.33  moved, the local agency of the county from which the person has 
  5.34  moved shall complete an eligibility review and transfer all 
  5.35  necessary records relating to that person to the local agency of 
  5.36  the county to which the person has moved. 
  6.1      Sec. 10.  Minnesota Statutes 1994, section 256G.09, 
  6.2   subdivision 2, is amended to read: 
  6.3      Subd. 2.  [FINANCIAL DISPUTES.] (a) If the county receiving 
  6.4   the transmittal does not believe it is financially responsible, 
  6.5   it should provide to the department and the initially 
  6.6   responsible county a statement of all facts and documents 
  6.7   necessary for the department to make the requested determination 
  6.8   of financial responsibility.  The submission must clearly state 
  6.9   the program area in dispute and must state the specific basis 
  6.10  upon which the submitting county is denying financial 
  6.11  responsibility. 
  6.12     (b) The initially responsible county then has 15 calendar 
  6.13  days to submit its position and any supporting evidence to the 
  6.14  department.  The absence of a submission by the initially 
  6.15  responsible county does not limit the right of the department to 
  6.16  issue a binding opinion based on the evidence actually submitted.
  6.17     (c) A case must not be submitted until the local agency 
  6.18  taking the application or making the commitment has made an 
  6.19  initial determination about eligibility and financial 
  6.20  responsibility, and services or assistance has have been 
  6.21  initiated.  This paragraph does not prohibit the submission of 
  6.22  closed cases that otherwise meet the applicable statute of 
  6.23  limitations. 
  6.24     Sec. 11.  Minnesota Statutes 1994, section 256G.09, 
  6.25  subdivision 5, is amended to read: 
  6.26     Subd. 5.  [PAYMENT PENDING APPEAL.] After the department 
  6.27  issues an opinion in any submission under this section, the 
  6.28  service or assistance covered by the submission must be provided 
  6.29  or paid pending or during an appeal to the district court. 
  6.30     Sec. 12.  Minnesota Statutes 1994, section 256G.10, is 
  6.31  amended to read: 
  6.32     256G.10 [DERIVATIVE SETTLEMENT ELIMINATED.] 
  6.33     Except as described in section 256G.02, subdivision 4, 
  6.34  paragraph (e), residence under this chapter must be determined 
  6.35  independently for each applicant.  The residence of the parent 
  6.36  of a minor child, with whom that child last lived in a 
  7.1   nonexcluded time setting, or guardian does not of a ward shall 
  7.2   determine the residence of the child or ward for all social 
  7.3   services governed by this chapter. 
  7.4      For purposes of this chapter, a minor child is defined as 
  7.5   being under 18 years of age unless otherwise specified in a 
  7.6   program administered by the commissioner. 
  7.7      Physical or legal custody has no bearing on residence 
  7.8   determinations.  This section does not, however, apply to 
  7.9   situations involving another state or, limit the application of 
  7.10  an interstate compact, or apply to situations involving state 
  7.11  wards where the commissioner is defined by law as the guardian. 
  7.12     Sec. 13.  [REPEALER.] 
  7.13     Minnesota Statutes 1994, sections 256G.05, subdivision 1; 
  7.14  and 256G.07, subdivision 3a, are repealed. 
  7.15     Sec. 14.  [EFFECTIVE DATE.] 
  7.16     Sections 1 to 13 are effective July 1, 1996.