HF 3879

as introduced - 89th Legislature (2015 - 2016) Posted on 04/11/2016 04:38pm

A bill for an act
relating to human services; establishing an asset test under medical assistance
for adults without children; requiring the commissioner of human services to
seek federal approval; amending Minnesota Statutes 2014, section 256B.056,
subdivision 3c.

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

Section 1.

Minnesota Statutes 2014, section 256B.056, subdivision 3c, is amended to
read:

Subd. 3c.

Asset limitations for families and children.

(a) A household of two or
more persons must not own more than $20,000 in total net assets, and a household of one
person must not own more than $10,000 in total net assets. In addition to these maximum
amounts, an eligible individual or family may accrue interest on these amounts, but they
must be reduced to the maximum at the time of an eligibility redetermination. The value of
assets that are not considered in determining eligibility for medical assistance for families
and children is the value of those assets excluded under the AFDC state plan as of July 16,
1996, as required by the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:

(1) household goods and personal effects are not considered;

(2) capital and operating assets of a trade or business up to $200,000 are not
considered, except that a bank account that contains personal income or assets, or is used to
pay personal expenses, is not considered a capital or operating asset of a trade or business;

(3) one motor vehicle is excluded for each person of legal driving age who is
employed or seeking employment;

(4) assets designated as burial expenses are excluded to the same extent they are
excluded by the Supplemental Security Income program;

(5) court-ordered settlements up to $10,000 are not considered;

(6) individual retirement accounts and funds are not considered;

(7) assets owned by children are not considered; and

(8) effective July 1, 2009, certain assets owned by American Indians are excluded as
required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
Law 111-5. For purposes of this clause, an American Indian is any person who meets the
definition of Indian according to Code of Federal Regulations, title 42, section 447.50.

The assets specified in clause (2) must be disclosed to the local agency at the time of
application and at the time of an eligibility redetermination, and must be verified upon
request of the local agency.

(b) deleted text begin Beginning January 1, 2014, deleted text end This subdivision applies deleted text begin only deleted text end to parents and caretaker
relatives who qualify for medical assistance under subdivision 5 new text begin , and to adults without
children who qualify for medical assistance under section 256B.055, subdivision 15 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2017, or upon federal
approval, whichever is later.
new text end

Sec. 2. new text begin FEDERAL APPROVAL.
new text end

new text begin The commissioner of human services shall request all federal waivers, law changes,
and approvals necessary to apply an asset test under medical assistance to adults without
children, as required by the amendment to Minnesota Statutes, section 256B.056,
subdivision 3c. The commissioner shall notify the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services policy and
finance of any federal decision related to this request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end