SF 1432

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to legal noncitizens; requiring that a 
  1.3             sponsor's income be deemed, provided the sponsor 
  1.4             signed an affidavit of support as defined in the 1996 
  1.5             federal welfare act; amending Minnesota Statutes 1996, 
  1.6             sections 256.9354, by adding a subdivision; 256D.03, 
  1.7             subdivision 3; and 256D.05, subdivision 8. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 256.9354, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 8.  [SPONSOR'S INCOME AND RESOURCES DEEMED 
  1.12  AVAILABLE.] When determining eligibility for any federal or 
  1.13  state benefits under sections 256.9351 to 256.9363 and 256.9366 
  1.14  to 256.9369, the income and resources of all noncitizens whose 
  1.15  sponsor signed an affidavit of support as defined under section 
  1.16  423 of the Personal Responsibility and Work Opportunity 
  1.17  Reconciliation Act of 1996 shall be deemed to include their 
  1.18  sponsors' income and resources as defined in the Personal 
  1.19  Responsibility and Work Opportunity Reconciliation Act of 1996, 
  1.20  title IV, Public Law Number 104-193, sections 421 and 422. 
  1.21     Sec. 2.  Minnesota Statutes 1996, section 256D.03, 
  1.22  subdivision 3, is amended to read: 
  1.23     Subd. 3.  [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.] 
  1.24  (a) General assistance medical care may be paid for any person 
  1.25  who is not eligible for medical assistance under chapter 256B, 
  1.26  including eligibility for medical assistance based on a 
  2.1   spenddown of excess income according to section 256B.056, 
  2.2   subdivision 5, and: 
  2.3      (1) who is receiving assistance under section 256D.05, or 
  2.4   who is having a payment made on the person's behalf under 
  2.5   sections 256I.01 to 256I.06; or 
  2.6      (2)(i) who is a resident of Minnesota; and whose equity in 
  2.7   assets is not in excess of $1,000 per assistance unit.  No asset 
  2.8   test shall be applied to children and their parents living in 
  2.9   the same household.  Exempt assets, the reduction of excess 
  2.10  assets, and the waiver of excess assets must conform to the 
  2.11  medical assistance program in chapter 256B, with the following 
  2.12  exception:  the maximum amount of undistributed funds in a trust 
  2.13  that could be distributed to or on behalf of the beneficiary by 
  2.14  the trustee, assuming the full exercise of the trustee's 
  2.15  discretion under the terms of the trust, must be applied toward 
  2.16  the asset maximum; and 
  2.17     (ii) who has countable income not in excess of the 
  2.18  assistance standards established in section 256B.056, 
  2.19  subdivision 4, or whose excess income is spent down pursuant 
  2.20  according to section 256B.056, subdivision 5, using a six-month 
  2.21  budget period, except that a one-month budget period must be 
  2.22  used for recipients residing in a long-term care facility.  The 
  2.23  method for calculating earned income disregards and deductions 
  2.24  for a person who resides with a dependent child under age 21 
  2.25  shall be as specified in section 256.74, subdivision 1 follow 
  2.26  section 256B.056.  However, if a disregard of $30 and one-third 
  2.27  of the remainder described in section 256.74, subdivision 1, 
  2.28  clause (4), has been applied to the wage earner's income, the 
  2.29  disregard shall not be applied again until the wage earner's 
  2.30  income has not been considered in an eligibility determination 
  2.31  for general assistance, general assistance medical care, medical 
  2.32  assistance, or aid to families with dependent children MFIP-S 
  2.33  for 12 consecutive months.  The earned income and work expense 
  2.34  deductions for a person who does not reside with a dependent 
  2.35  child under age 21 shall be the same as the method used to 
  2.36  determine eligibility for a person under section 256D.06, 
  3.1   subdivision 1, except the disregard of the first $50 of earned 
  3.2   income is not allowed; or 
  3.3      (3) who would be eligible for medical assistance except 
  3.4   that the person resides in a facility that is determined by the 
  3.5   commissioner or the federal health care financing administration 
  3.6   to be an institution for mental diseases. 
  3.7      (b) Eligibility is available for the month of application, 
  3.8   and for three months prior to application if the person was 
  3.9   eligible in those prior months.  A redetermination of 
  3.10  eligibility must occur every 12 months. 
  3.11     (c) General assistance medical care is not available for a 
  3.12  person in a correctional facility unless the person is detained 
  3.13  by law for less than one year in a county correctional or 
  3.14  detention facility as a person accused or convicted of a crime, 
  3.15  or admitted as an inpatient to a hospital on a criminal hold 
  3.16  order, and the person is a recipient of general assistance 
  3.17  medical care at the time the person is detained by law or 
  3.18  admitted on a criminal hold order and as long as the person 
  3.19  continues to meet other eligibility requirements of this 
  3.20  subdivision.  
  3.21     (d) General assistance medical care is not available for 
  3.22  applicants or recipients who do not cooperate with the county 
  3.23  agency to meet the requirements of medical assistance. 
  3.24     (e) In determining the amount of assets of an individual, 
  3.25  there shall be included any asset or interest in an asset, 
  3.26  including an asset excluded under paragraph (a), that was given 
  3.27  away, sold, or disposed of for less than fair market value 
  3.28  within the 60 months preceding application for general 
  3.29  assistance medical care or during the period of eligibility.  
  3.30  Any transfer described in this paragraph shall be presumed to 
  3.31  have been for the purpose of establishing eligibility for 
  3.32  general assistance medical care, unless the individual furnishes 
  3.33  convincing evidence to establish that the transaction was 
  3.34  exclusively for another purpose.  For purposes of this 
  3.35  paragraph, the value of the asset or interest shall be the fair 
  3.36  market value at the time it was given away, sold, or disposed 
  4.1   of, less the amount of compensation received.  For any 
  4.2   uncompensated transfer, the number of months of ineligibility, 
  4.3   including partial months, shall be calculated by dividing the 
  4.4   uncompensated transfer amount by the average monthly per person 
  4.5   payment made by the medical assistance program to skilled 
  4.6   nursing facilities for the previous calendar year.  The 
  4.7   individual shall remain ineligible until this fixed period has 
  4.8   expired.  The period of ineligibility may exceed 30 months, and 
  4.9   a reapplication for benefits after 30 months from the date of 
  4.10  the transfer shall not result in eligibility unless and until 
  4.11  the period of ineligibility has expired.  The period of 
  4.12  ineligibility begins in the month the transfer was reported to 
  4.13  the county agency, or if the transfer was not reported, the 
  4.14  month in which the county agency discovered the transfer, 
  4.15  whichever comes first.  For applicants, the period of 
  4.16  ineligibility begins on the date of the first approved 
  4.17  application. 
  4.18     (f) When determining eligibility for any state benefits 
  4.19  under this subdivision, the income and resources of all 
  4.20  noncitizens whose sponsor signed an affidavit of support as 
  4.21  defined under section 423 of the Personal Responsibility and 
  4.22  Work Opportunity Reconciliation Act of 1996 shall be deemed to 
  4.23  include their sponsor's income and resources as defined in the 
  4.24  Personal Responsibility and Work Opportunity Reconciliation Act 
  4.25  of 1996, title IV, Public Law Number 104-193, section 421. 
  4.26     (g)(1) Beginning October 1, 1993, An undocumented alien 
  4.27  noncitizen or a nonimmigrant is ineligible for general 
  4.28  assistance medical care other than emergency services.  For 
  4.29  purposes of this subdivision, a nonimmigrant is an individual in 
  4.30  one or more of the classes listed in United States Code, title 
  4.31  8, section 1101(a)(15), and an undocumented alien noncitizen is 
  4.32  an individual who resides in the United States without the 
  4.33  approval or acquiescence of the Immigration and Naturalization 
  4.34  Service. 
  4.35     (2) This subdivision does not apply to a child under age 
  4.36  18, to a Cuban or Haitian entrant as defined in Public Law 
  5.1   Number 96-422, section 501(e)(1) or (2)(a), or to an alien a 
  5.2   noncitizen who is aged, blind, or disabled as defined in United 
  5.3   States Code, title 42, section 1382c(a)(1) Code of Federal 
  5.4   Regulations, title 42, sections 435.520, 435.530, 435.531, 
  5.5   435.540, and 435.541, who cooperates with the Immigration and 
  5.6   Naturalization Service to pursue any applicable immigration 
  5.7   status, including citizenship, that would qualify the individual 
  5.8   for medical assistance with federal financial participation. 
  5.9      (3) For purposes of paragraph (f), "emergency services" has 
  5.10  the meaning given in Code of Federal Regulations, title 42, 
  5.11  section 440.255(b)(1), except that it also means services 
  5.12  rendered because of suspected or actual pesticide poisoning. 
  5.13     (4) Notwithstanding any other provision of law, a 
  5.14  noncitizen who is ineligible for medical assistance due to the 
  5.15  deeming of a sponsor's income and resources, is ineligible for 
  5.16  general assistance medical care. 
  5.17     Sec. 3.  Minnesota Statutes 1996, section 256D.05, 
  5.18  subdivision 8, is amended to read: 
  5.19     Subd. 8.  [PERSONS INELIGIBLE CITIZENSHIP.] (a) Beginning 
  5.20  October 1, 1993, an undocumented alien or a nonimmigrant is 
  5.21  ineligible for general assistance benefits.  For purposes of 
  5.22  this subdivision, a nonimmigrant is an individual in one or more 
  5.23  of the classes listed in United States Code, title 8, section 
  5.24  1101(a)(15), and an undocumented alien is an individual who 
  5.25  resides in the United States without the approval or 
  5.26  acquiescence of the Immigration and Naturalization Service. 
  5.27     (b) This subdivision does not apply to a child under age 
  5.28  18, to a Cuban or Haitian entrant as defined in Public Law 
  5.29  Number 96-422, section 501(e)(1) or (2)(a), or to an alien who 
  5.30  is aged, blind, or disabled as defined in United States Code, 
  5.31  title 42, section 1382c(a)(1).  Effective July 1, 1997, 
  5.32  citizenship requirements for applicants and recipients under 
  5.33  sections 256D.01 to 256D.21 shall be determined the same as 
  5.34  under section 256J.11, which governs the Minnesota family 
  5.35  investment program-statewide (MFIP-S).  The income of sponsors 
  5.36  of noncitizens whose sponsor signed an affidavit of support as 
  6.1   defined under section 423 of the Personal Responsibility and 
  6.2   Work Opportunity Reconciliation Act of 1996 shall be deemed 
  6.3   available to general assistance and general assistance medical 
  6.4   care applicants and recipients according to the policies of the 
  6.5   MFIP-S program in section 256J.37, subdivision 2.