HF 71

as introduced - 90th Legislature (2017 - 2018) Posted on 01/13/2017 10:00am

A bill for an act
relating to human services; clarifying the meaning of the household size
methodology for pregnant women under medical assistance; amending Minnesota
Statutes 2016, section 256B.056, subdivision 1a.

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

Section 1.

Minnesota Statutes 2016, section 256B.056, subdivision 1a, is amended to read:

Subd. 1a.

Income and assets generally.

(a)(1) Unless specifically required by state law
or rule or federal law or regulation, the methodologies used in counting income and assets
to determine eligibility for medical assistance for persons whose eligibility category is based
on blindness, disability, or age of 65 or more years, the methodologies for the Supplemental
Security Income program shall be used, except as provided under subdivision 3, paragraph
(a), clause (6).

(2) Increases in benefits under title II of the Social Security Act shall not be counted as
income for purposes of this subdivision until July 1 of each year. Effective upon federal
approval, for children eligible under section 256B.055, subdivision 12, or for home and
community-based waiver services whose eligibility for medical assistance is determined
without regard to parental income, child support payments, including any payments made
by an obligor in satisfaction of or in addition to a temporary or permanent order for child
support, and Social Security payments are not counted as income.

(b)(1) The modified adjusted gross income methodology as defined in the Affordable
Care Act shall be used for eligibility categories based on:

(i) children under age 19 and their parents and relative caretakers as defined in section
256B.055, subdivision 3a;

(ii) children ages 19 to 20 as defined in section 256B.055, subdivision 16;

(iii) pregnant women as defined in section 256B.055, subdivision 6;

(iv) infants as defined in sections 256B.055, subdivision 10, and 256B.057, subdivision
8; and

(v) adults without children as defined in section 256B.055, subdivision 15.

For these purposes, a "methodology" does not include an asset or income standard, or
accounting method, or method of determining effective dates.

(2) For individuals whose income eligibility is determined using the modified adjusted
gross income methodology in clause (1), the commissioner shall subtract from the individual's
modified adjusted gross income an amount equivalent to five percent of the federal poverty
guidelines.

new text begin (3) In determining the family size of a pregnant woman for purposes of medical assistance
eligibility, the commissioner shall count the pregnant woman plus the number of children
she is expected to deliver, as required under Code of Federal Regulations, title 42, part
435.603. This household size methodology for pregnant women means that an unborn child
shall be considered to be a human being for purposes of developing, administering, and
interpreting state law and policy.
new text end