relating to human services; streamlining county duties;amending Minnesota
Statutes 2010, sections 119B.09, by adding a subdivision; 256B.69, by adding
a subdivision; 256D.09, subdivision 6; 256D.49, subdivision 3; 256J.38,
subdivision 1; 393.07, subdivision 10; proposing coding for new law in
Minnesota Statutes, chapter 256; repealing Minnesota Rules, part 9500.1243,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2010, section 119B.09, is amended by adding a
subdivision to read:
1.11 Subd. 4b. Electronic verification. County agencies are authorized to use all
1.12automated databases containing information regarding recipients' or applicants' income
1.13in order to determine eligibility for the child care assistance under this chapter. The
1.14information is sufficient to determine eligibility.
Sec. 2. [256.0145] COMPUTER SYSTEM SIMPLIFICATION.
1.16 Subdivision 1. Reprogram MAXIS. The commissioner of human services, as part
1.17of the enterprise architecture project, shall reprogram the MAXIS computer system to
1.18automatically apply child support payments entered into the PRISM computer system to
1.19a MAXIS case file.
1.20 Subd. 2. Program the social service information system. The commissioner of
1.21human services shall require all prepaid health plans to accept a billing format identical to
1.22the MMIS billing format for payment to county agencies for mental health targeted case
1.23management claims, elderly waiver claims, and other claim categories as added to the
2.1benefit set. The commissioner shall make any necessary changes to the SSIS system to
2.2bill prepaid health plans for those claims.
Sec. 3. [256.0147] COUNTY ELECTRONIC VERIFICATION TO DETERMINE
2.5County agencies are authorized to use all automated databases containing
2.6information regarding recipients' or applicants' income in order to determine eligibility
2.7for child support enforcement, general assistance, Minnesota supplemental aid, and
2.8programs, services, and supports under chapter 256J. The information is sufficient to
2.9determine eligibility. State and county caseworkers shall not be cited in error, as part of
2.10any audit and quality review, for an incorrect eligibility determination based on current but
2.11inaccurate information received through a state-approved electronic data source. If there
2.12is a potential error, the reviewer must forward a corrective action notice to the caseworker
2.13for proper and immediate correction. If the state or county caseworker has data available
2.14through client reporting, or other means, that are more accurate than state-approved
2.15electronic data, the caseworker should use the more accurate information in making the
Sec. 4. Minnesota Statutes 2010, section 256B.69, is amended by adding a subdivision
2.19 Subd. 30. Provision of required materials in alternative formats. (a) For the
2.20purposes of this subdivision, "alternative format" means a medium other than paper and
2.21"prepaid health plan" means managed care plans and county-based purchasing plans.
2.22(b) A prepaid health plan may provide in an alternative format a provider directory
2.23and certificate of coverage, or materials otherwise required to be available in writing
2.24under Code of Federal Regulations, title 42, section 438.10, or under the commissioner's
2.25contract with the prepaid health plan, if the following conditions are met:
2.26(1) the prepaid health plan, local agency, or commissioner, as applicable, informs the
2.28(i) provision in an alternative format is available and the enrollee affirmatively
2.29requests of the prepaid health plan that the provider directory, certificate of coverage,
2.30or materials otherwise required under Code of Federal Regulations, title 42, section
2.31438.10, or under the commissioner's contract with the prepaid health plan be provided in
2.32an alternative format; and
2.33(ii) a record of the enrollee request is retained by the prepaid health plan in the
2.34form of written direction from the enrollee or a documented telephone call followed by a
3.1confirmation letter to the enrollee from the prepaid health plan that explains that the
3.2enrollee may change the request at any time;
3.3(2) the materials are sent to a secured mailbox and are made available at a
3.4password-protected secured Web site or on a data storage device if the materials contain
3.5enrollee data that is individually identifiable;
3.6(3) the enrollee is provided a customer service number on the enrollee's membership
3.7card that may be called to request a paper version of the materials provided in an
3.8alternative format; and
3.9(4) the materials provided in an alternative format meets all other requirements of
3.10the commissioner regarding content, size of the typeface, and any required time frames
3.11for distribution. "Required time frames for distribution" must permit sufficient time for
3.12prepaid health plans to distribute materials in alternative formats upon receipt of enrollees'
3.13requests for such materials.
3.14(c) A prepaid health plan may provide in an alternative format its primary care
3.15network list to the commissioner and to local agencies within its service area. The
3.16commissioner or local agency, as applicable, shall inform a potential enrollee of the
3.17availability of a prepaid health plan's primary care network list in an alternative format. If
3.18the potential enrollee requests an alternative format of the prepaid health plan's primary
3.19care network list, a record of that request shall be retained by the commissioner or local
3.20agency. The potential enrollee is permitted to withdraw the request at any time.
3.21The prepaid health plan shall submit sufficient paper versions of the primary
3.22care network list to the commissioner and to local agencies within its service area to
3.23accommodate potential enrollee requests for paper versions of the primary care network
3.25(d) A prepaid health plan may provide in an alternative format materials otherwise
3.26required to be available in writing under Code of Federal Regulations, title 42, section
3.27438.10, or under the commissioner's contract with the prepaid health plan, if the conditions
3.28of paragraphs (b), (c), and (e), are met for persons who are:
3.29(1) enrolled in integrated Medicare and Medicaid programs under subdivisions
3.3023 and 28;
3.31(2) enrolled in managed care long-term care programs under subdivision 6b;
3.32(3) dually eligible for Medicare and medical assistance; or
3.33(4) in the waiting period for Medicare.
3.34(e) The commissioner shall seek any federal Medicaid waivers within 90 days after
3.35the effective date of this subdivision that are necessary to provide alternative formats of
3.36required material to enrollees of prepaid health plans as authorized under this subdivision.
4.1(f) The commissioner shall consult with managed care plans, county-based
4.2purchasing plans, counties, and other interested parties to determine how materials
4.3required to be made available to enrollees under Code of Federal Regulations, title 42,
4.4section 438.10, or under the commissioner's contract with a prepaid health plan may
4.5be provided in an alternative format on the basis that the enrollee has not opted in to
4.6receive the alternative format. The commissioner shall consult with managed care
4.7plans, county-based purchasing plans, counties, and other interested parties to develop
4.8recommendations relating to the conditions that must be met for an opt-out process
4.9to be granted.
Sec. 5. Minnesota Statutes 2010, section 256D.09, subdivision 6, is amended to read:
Subd. 6. Recovery of overpayments.
(a) If an amount of general assistance or
family general assistance is paid to a recipient in excess of the payment due, it shall be
recoverable by the county agency. The agency shall give written notice to the recipient of
its intention to recover the overpayment.
(b) Except as provided for interim assistance in section 256D.06, subdivision
when an overpayment occurs, the county agency shall recover the overpayment
from a current recipient by reducing the amount of aid payable to the assistance unit of
which the recipient is a member, for one or more monthly assistance payments, until
the overpayment is repaid. All county agencies in the state shall reduce the assistance
payment by three percent of the assistance unit's standard of need in nonfraud cases and
ten percent where fraud has occurred, or the amount of the monthly payment, whichever is
less, for all overpayments.
(c) In cases when there is both an overpayment and underpayment, the county
agency shall offset one against the other in correcting the payment.
(d) Overpayments may also be voluntarily repaid, in part or in full, by the individual,
in addition to the aid reductions provided in this subdivision, to include further voluntary
reductions in the grant level agreed to in writing by the individual, until the total amount
of the overpayment is repaid.
(e) The county agency shall make reasonable efforts to recover overpayments to
persons no longer on assistance under standards adopted in rule by the commissioner
of human services. The county agency need not attempt to recover overpayments of
less than $35 paid to an individual no longer on assistance if the individual does not
receive assistance again within three years, unless the individual has been convicted of
5.1(f) Establishment of an overpayment is limited to 12 months prior to the month of
5.2discovery due to agency error and six years prior to the month of discovery due to client
5.3error or an intentional program violation determined under section 256.046.
Sec. 6. Minnesota Statutes 2010, section 256D.49, subdivision 3, is amended to read:
Subd. 3. Overpayment of monthly grants and recovery of ATM errors. (a)
the county agency determines that an overpayment of the recipient's monthly payment
of Minnesota supplemental aid has occurred, it shall issue a notice of overpayment
to the recipient. If the person is no longer receiving Minnesota supplemental aid, the
county agency may request voluntary repayment or pursue civil recovery. If the person is
receiving Minnesota supplemental aid, the county agency shall recover the overpayment
by withholding an amount equal to three percent of the standard of assistance for the
recipient or the total amount of the monthly grant, whichever is less.
5.13(b) Establishment of an overpayment is limited to 12 months from the date of
5.14discovery due to agency error and six years due to client error. No limit applies to the
5.15establishment period if the overpayment is due to an intentional program violation or if
5.16the client wrongfully obtained assistance.
For recipients receiving benefits via electronic benefit transfer, if the overpayment
is a result of an automated teller machine (ATM) dispensing funds in error to the recipient,
the agency may recover the ATM error by immediately withdrawing funds from the
recipient's electronic benefit transfer account, up to the amount of the error.
nursing homes, regional treatment centers, and licensed residential
with negotiated rates
shall not have overpayments recovered from their personal
Sec. 7. Minnesota Statutes 2010, section 256J.38, subdivision 1, is amended to read:
Subdivision 1. Scope of overpayment. (a)
When a participant or former participant
receives an overpayment due to agency, client, or ATM error, or due to assistance received
while an appeal is pending and the participant or former participant is determined
ineligible for assistance or for less assistance than was received, the county agency must
recoup or recover the overpayment using the following methods:
(1) reconstruct each affected budget month and corresponding payment month;
(2) use the policies and procedures that were in effect for the payment month; and
(3) do not allow employment disregards in section
256J.21, subdivision 3
or 4, in the
calculation of the overpayment when the unit has not reported within two calendar months
following the end of the month in which the income was received.
6.1(b) Establishment of an overpayment is limited to 12 months prior to the month of
6.2discovery due to agency error and six years prior to the month of discovery due to client
6.3error or an intentional program violation determined under section 256.046.
Sec. 8. Minnesota Statutes 2010, section 393.07, subdivision 10, is amended to read:
Subd. 10. Food stamp program; Maternal and Child Nutrition Act.
(a) The local
social services agency shall establish and administer the food stamp program according
to rules of the commissioner of human services, the supervision of the commissioner as
specified in section
, and all federal laws and regulations. The commissioner of
human services shall monitor food stamp program delivery on an ongoing basis to ensure
that each county complies with federal laws and regulations. Program requirements to be
monitored include, but are not limited to, number of applications, number of approvals,
number of cases pending, length of time required to process each application and deliver
benefits, number of applicants eligible for expedited issuance, length of time required
to process and deliver expedited issuance, number of terminations and reasons for
terminations, client profiles by age, household composition and income level and sources,
and the use of phone certification and home visits. The commissioner shall determine the
county-by-county and statewide participation rate.
(b) On July 1 of each year, the commissioner of human services shall determine a
statewide and county-by-county food stamp program participation rate. The commissioner
may designate a different agency to administer the food stamp program in a county if the
agency administering the program fails to increase the food stamp program participation
rate among families or eligible individuals, or comply with all federal laws and regulations
governing the food stamp program. The commissioner shall review agency performance
annually to determine compliance with this paragraph.
(c) A person who commits any of the following acts has violated section
, or both, and is subject to both the criminal and civil penalties provided under
(1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a
willful statement or misrepresentation, or intentional concealment of a material fact, food
stamps or vouchers issued according to sections
to which the person
is not entitled or in an amount greater than that to which that person is entitled or which
specify nutritional supplements to which that person is not entitled; or
(2) presents or causes to be presented, coupons or vouchers issued according to
for payment or redemption knowing them to have been
received, transferred or used in a manner contrary to existing state or federal law; or
(3) willfully uses, possesses, or transfers food stamp coupons, authorization to
purchase cards or vouchers issued according to sections
in any manner
contrary to existing state or federal law, rules, or regulations; or
(4) buys or sells food stamp coupons, authorization to purchase cards, other
assistance transaction devices, vouchers issued according to sections
or any food obtained through the redemption of vouchers issued according to sections
for cash or consideration other than eligible food.
(d) A peace officer or welfare fraud investigator may confiscate food stamps,
authorization to purchase cards, or other assistance transaction devices found in the
possession of any person who is neither a recipient of the food stamp program nor
otherwise authorized to possess and use such materials. Confiscated property shall be
disposed of as the commissioner may direct and consistent with state and federal food
stamp law. The confiscated property must be retained for a period of not less than 30 days
to allow any affected person to appeal the confiscation under section
Food stamp overpayment claims which are due in whole or in part to client error
7.16 shall be established by the county agency for a period of six years from the date of any
7.17 resultant overpayment Establishment of an overpayment is limited to 12 months prior to
7.18the month of discovery due to agency error and six years prior to the month of discovery
7.19due to client error or an intentional program violation determined under section 256.046
(f) With regard to the federal tax revenue offset program only, recovery incentives
authorized by the federal food and consumer service shall be retained at the rate of 50
percent by the state agency and 50 percent by the certifying county agency.
(g) A peace officer, welfare fraud investigator, federal law enforcement official,
or the commissioner of health may confiscate vouchers found in the possession of any
person who is neither issued vouchers under sections
, nor otherwise
authorized to possess and use such vouchers. Confiscated property shall be disposed of
as the commissioner of health may direct and consistent with state and federal law. The
confiscated property must be retained for a period of not less than 30 days.
(h) The commissioner of human services may seek a waiver from the United States
Department of Agriculture to allow the state to specify foods that may and may not be
purchased in Minnesota with benefits funded by the federal Food Stamp Program. The
commissioner shall consult with the members of the house of representatives and senate
policy committees having jurisdiction over food support issues in developing the waiver.
The commissioner, in consultation with the commissioners of health and education, shall
develop a broad public health policy related to improved nutrition and health status. The
commissioner must seek legislative approval prior to implementing the waiver.
Sec. 9. ALIGNMENT OF VERIFICATION AND REDETERMINATION
8.3The commissioner of human services shall develop recommendations to align
8.4eligibility verification procedures for all health care, economic assistance, food support,
8.5child support enforcement, and child care programs. The commissioner shall report back
8.6to the chairs of the legislative committees with jurisdiction over these issues by January
8.715, 2012, with recommendations and draft legislation to implement the alignment of
Sec. 10. ALTERNATIVE STRATEGIES FOR CERTAIN
8.11The commissioner of human services shall develop and implement by January 15,
8.122012, a simplified process to redetermine eligibility for recipient populations in the medical
8.13assistance, Minnesota supplemental aid, food support, and group residential housing
8.14programs who are eligible based upon disability, age, or chronic medical conditions, and
8.15who are expected to experience minimal change in income or assets from month to month.
8.16The commissioner shall apply for any federal waivers needed to implement this section.
Sec. 11. REPEALER.
8.18Minnesota Rules, part 9500.1243, subpart 3, is repealed.