as introduced - 90th Legislature (2017 - 2018) Posted on 02/15/2017 10:16am
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A bill for an act
relating to human services; modifying Minnesota supplemental aid; amending
Minnesota Statutes 2016, section 256D.44, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2016, section 256D.44, subdivision 5, is amended to read:
In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.
(a) The county agency shall pay a monthly allowance for medically prescribed diets if
the cost of those additional dietary needs cannot be met through some other maintenance
benefit. The need for special diets or dietary items must be prescribed by a licensed physician.
Costs for special diets shall be determined as percentages of the allotment for a one-person
household under the thrifty food plan as defined by the United States Department of
Agriculture. The types of diets and the percentages of the thrifty food plan that are covered
are as follows:
(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent of
thrifty food plan;
(3) controlled protein diet, less than 40 grams and requires special products, 125 percent
of thrifty food plan;
(4) low cholesterol diet, 25 percent of thrifty food plan;
(5) high residue diet, 20 percent of thrifty food plan;
(6) pregnancy and lactation diet, 35 percent of thrifty food plan;
(7) gluten-free diet, 25 percent of thrifty food plan;
(8) lactose-free diet, 25 percent of thrifty food plan;
(9) antidumping diet, 15 percent of thrifty food plan;
(10) hypoglycemic diet, 15 percent of thrifty food plan; or
(11) ketogenic diet, 25 percent of thrifty food plan.
(b) Payment for nonrecurring special needs must be allowed for necessary home repairs
or necessary repairs or replacement of household furniture and appliances using the payment
standard of the AFDC program in effect on July 16, 1996, for these expenses, as long as
other funding sources are not available.
(c) A fee for guardian or conservator service is allowed at a reasonable rate negotiated
by the county or approved by the court. This rate shall not exceed five percent of the
assistance unit's gross monthly income up to a maximum of $100 per month. If the guardian
or conservator is a member of the county agency staff, no fee is allowed.
(d) The county agency shall continue to pay a monthly allowance of $68 for restaurant
meals for a person who was receiving a restaurant meal allowance on June 1, 1990, and
who eats two or more meals in a restaurant daily. The allowance must continue until the
person has not received Minnesota supplemental aid for one full calendar month or until
the person's living arrangement changes and the person no longer meets the criteria for the
restaurant meal allowance, whichever occurs first.
(e) A fee of ten percent of the recipient's gross income or $25, whichever is less, is
allowed for representative payee services provided by an agency that meets the requirements
under SSI regulations to charge a fee for representative payee services. This special need
is available to all recipients of Minnesota supplemental aid regardless of their living
(f)(1) Notwithstanding the language in this subdivision, an amount equal to new text beginnew text end the maximum deleted text beginallotment authorized by the federal Food Stamp Programdeleted text end new text beginnew text endfor a single individual which is in effect on the first day
of July of each year will be added to the standards of assistance established in subdivisions
1 to 4 for adults under the age of 65 who qualify as shelter needy and are: (i) relocating
from an institution, new text beginnew text endor an adult mental health residential treatment
program under section 256B.0622; or (ii) home and community-based waiver recipients
living in their own home or rented or leased apartment deleted text beginwhich is not owned, operated, or
controlled by a provider of service not related by blood or marriage, unless allowed under
paragraph (g)deleted text end.
(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the shelter
needy benefit under this paragraph is considered a household of one. An eligible individual
who receives this benefit prior to age 65 may continue to receive the benefit after the age
(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that exceed
40 percent of the assistance unit's gross income before the application of this special needs
standard. "Gross income" for the purposes of this section is the applicant's or recipient's
income as defined in section 256D.35, subdivision 10, or the standard specified in subdivision
3, paragraph (a) or (b), whichever is greater. A recipient of a federal or state housing subsidy,
that limits shelter costs to a percentage of gross income, shall not be considered shelter
needy for purposes of this paragraph.
deleted text begin
(g) Notwithstanding this subdivision, to access housing and services as provided in
paragraph (f), the recipient may choose housing that may be owned, operated, or controlled
by the recipient's service provider. When housing is controlled by the service provider, the
individual may choose the individual's own service provider as provided in section 256B.49,
subdivision 23, clause (3). When the housing is controlled by the service provider, the
service provider shall implement a plan with the recipient to transition the lease to the
recipient's name. Within two years of signing the initial lease, the service provider shall
transfer the lease entered into under this subdivision to the recipient. In the event the landlord
denies this transfer, the commissioner may approve an exception within sufficient time to
ensure the continued occupancy by the recipient. This paragraph expires June 30, 2016.
deleted text end