Minnesota Legislature
HF 4122
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:55pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/21/2024 |
Current Version - as introduced
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2.5
A bill for an act
relating to labor; allowing licensed marriage and family therapists to recertify a
continuing disability with respect to mental impairment; amending Minnesota
Statutes 2023 Supplement, section 353.031, subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 353.031, subdivision 8, is amended
to read:
Subd. 8.
Proof of eligibility upon reapplication.
(a) A person must not be paid a
disability benefit except upon furnishing adequate proof to the executive director of the
association that the person is disabled and, upon reapplication, that the disability is the same
disability for which disability benefits were initially granted.
(b) At the end of each year of disability payments for the first five years of disability
payments and at the end of every three years of disability payments thereafter, the person
receiving the disability payments must reapply and provide proof of disability to the executive
director of the association. The executive director has the right, between applications, to
require the person to submit proof of the continuance of the disability claimed.
(c) Adequate proof of a disability upon reapplication must include a written expert report
by a licensed physician, an APRN, or a licensed chiropractor, or, with respect to a mental
impairment, a licensed psychiatrist deleted text begin ordeleted text end new text begin , licensednew text end psychologistnew text begin , or a marriage and family
therapist licensed under sections 148B.29 to 148B.392new text end .
(d) The reapplication requirement may be waived by the executive director if the
executive director receives a written statement from the medical adviser retained by the
association under subdivision 5 that no improvement can be expected in the person's disability
condition that was the basis for the payment of the disability benefit.
(e) If the person's reapplication is denied, the person bears the burden of proving eligibility
for a disability benefit in an appeal under section 356.96.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end