SF 2213

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/30/2023 08:59am

A bill for an act
relating to human services; adding definition for medical assistance room and
board rate; modifying eligible grant fund uses; creating a cultural and ethnic
minority infrastructure grant program; creating mental health grant programs;
creating a transition from homelessness program; creating a housing supports for
adults with serious mental illness program; modifying the definition of supportive
housing; modifying application requirements; amending Minnesota Statutes 2022,
sections 245.4661, subdivision 9; 245.469, subdivision 3; 256.478, by adding
subdivisions; 256B.056, by adding a subdivision; 256B.0622, subdivision 8;
256B.0946, subdivision 6; 256B.0947, subdivision 7a; 256D.02, by adding a
subdivision; 256D.07; 256I.03, subdivision 15, by adding a subdivision; 256I.04,
subdivision 2; 256I.06, subdivision 3; 256I.09; 256J.08, subdivision 21; 256J.09,
subdivision 3; 256J.95, subdivision 5; 256P.01, by adding a subdivision; 256P.04,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 245; repealing Minnesota Statutes 2022, section 256I.03, subdivision 6.

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

Section 1.

Minnesota Statutes 2022, section 245.4661, subdivision 9, is amended to read:

Subd. 9.

Services and programs.

(a) The following three distinct grant programs are
funded under this section:

(1) mental health crisis services;

(2) housing with supports for adults with serious mental illness; and

(3) projects for assistance in transitioning from homelessness (PATH program).

(b) In addition, the following are eligible for grant funds:

(1) community education and prevention;

(2) client outreach;

(3) early identification and intervention;

(4) adult outpatient diagnostic assessment and psychological testing;

(5) peer support services;

(6) community support program services (CSP);

(7) adult residential crisis stabilization;

(8) supported employment;

(9) assertive community treatment (ACT);

(10) housing subsidies;

(11) basic living, social skills, and community intervention;

(12) emergency response services;

(13) adult outpatient psychotherapy;

(14) adult outpatient medication management;

(15) adult mobile crisis services;

(16) adult day treatment;

(17) partial hospitalization;

(18) adult residential treatment;

(19) adult mental health targeted case management; new text begin and
new text end

deleted text begin (20) intensive community rehabilitative services (ICRS); and
deleted text end

deleted text begin (21) deleted text end new text begin (20) new text end transportation.

Sec. 2.

Minnesota Statutes 2022, section 245.469, subdivision 3, is amended to read:

Subd. 3.

Mental health crisis services.

The commissioner of human services shall
increase access to mental health crisis services for children and adults. In order to increase
access, the commissioner must:

(1) develop a central phone number where calls can be routed to the appropriate crisis
services;

(2) provide telephone consultation 24 hours a day to mobile crisis teams who are serving
people with traumatic brain injury or intellectual disabilities who are experiencing a mental
health crisis;

(3) expand crisis services across the state, including rural areas of the state and examining
access per population;

(4) establish and implement state standards new text begin and requirements new text end for crisis services new text begin as outlined
in section 256B.0624 new text end ; and

(5) provide grants to adult mental health initiatives, counties, tribes, or community mental
health providers to establish new mental health crisis residential service capacity.

Priority will be given to regions that do not have a mental health crisis residential services
program, do not have an inpatient psychiatric unit within the region, do not have an inpatient
psychiatric unit within 90 miles, or have a demonstrated need based on the number of crisis
residential or intensive residential treatment beds available to meet the needs of the residents
in the region. At least 50 percent of the funds must be distributed to programs in rural
Minnesota. Grant funds may be used for start-up costs, including but not limited to
renovations, furnishings, and staff training. Grant applications shall provide details on how
the intended service will address identified needs and shall demonstrate collaboration with
crisis teams, other mental health providers, hospitals, and police.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [245.4903] CULTURAL AND ETHNIC MINORITY INFRASTRUCTURE
GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services shall establish a
cultural and ethnic minority infrastructure grant program to ensure that mental health and
substance use disorder treatment supports and services are culturally specific and culturally
responsive to meet the cultural needs of the communities served.
new text end

new text begin Subd. 2. new text end

new text begin Eligible applicants. new text end

new text begin An eligible applicant is a licensed entity or provider from
a cultural or ethnic minority population who:
new text end

new text begin (1) provides mental health or substance use disorder treatment services and supports to
individuals from cultural and ethnic minority populations, including individuals who are
lesbian, gay, bisexual, transgender, or queer and from cultural and ethnic minority
populations;
new text end

new text begin (2) provides or is qualified and has the capacity to provide clinical supervision and
support to members of culturally diverse and ethnic minority communities to qualify as
mental health and substance use disorder treatment providers; or
new text end

new text begin (3) has the capacity and experience to provide training for mental health and substance
use disorder treatment providers on cultural competency and cultural humility.
new text end

new text begin Subd. 2. new text end

new text begin Allowable grant activities. new text end

new text begin (a) The cultural and ethnic minority infrastructure
grant program grantees must engage in activities and provide supportive services to ensure
and increase equitable access to culturally specific and responsive care and to build
organizational and professional capacity for licensure and certification for the communities
served. Allowable grant activities include but are not limited to:
new text end

new text begin (1) workforce development activities focused on recruiting, supporting, training, and
supervision activities for mental health and substance use disorder practitioners and
professionals from diverse racial, cultural, and ethnic communities;
new text end

new text begin (2) supporting members of culturally diverse and ethnic minority communities to qualify
as mental health and substance use disorder professionals, practitioners, clinical supervisors,
recovery peer specialists, mental health certified peer specialists, and mental health certified
family peer specialists;
new text end

new text begin (3) culturally specific outreach, early intervention, trauma-informed services, and recovery
support in mental health and substance use disorder services;
new text end

new text begin (4) provision of trauma-informed, culturally responsive mental health and substance use
disorder supports and services for children and families, youth, or adults who are from
cultural and ethnic minority backgrounds and are uninsured or underinsured;
new text end

new text begin (5) mental health and substance use disorder service expansion and infrastructure
improvement activities, particularly in greater Minnesota;
new text end

new text begin (6) training for mental health and substance use disorder treatment providers on cultural
competency and cultural humility; and
new text end

new text begin (7) activities to increase the availability of culturally responsive mental health and
substance use disorder services for children and families, youth, or adults or to increase the
availability of substance use disorder services for individuals from cultural and ethnic
minorities in the state.
new text end

new text begin (b) The commissioner must assist grantees with meeting third-party credentialing
requirements, and grantees must obtain all available third-party reimbursement sources as
a condition of receiving grant funds. Grantees must serve individuals from cultural and
ethnic minority communities regardless of health coverage status or ability to pay.
new text end

new text begin Subd. 3. new text end

new text begin Data collection and outcomes. new text end

new text begin Grantees must provide regular data summaries
to the commissioner for purposes of evaluating the effectiveness of the cultural and ethnic
minority infrastructure grant program. The commissioner must use identified culturally
appropriate outcome measures instruments to evaluate outcomes and must evaluate program
activities by analyzing whether the program:
new text end

new text begin (1) increased access to culturally specific services for individuals from cultural and
ethnic minority communities across the state;
new text end

new text begin (2) increased the number of individuals from cultural and ethnic minority communities
served by grantees;
new text end

new text begin (3) increased cultural responsiveness and cultural competency of mental health and
substance use disorder treatment providers;
new text end

new text begin (4) increased the number of mental health and substance use disorder treatment providers
and clinical supervisors from cultural and ethnic minority communities;
new text end

new text begin (5) increased the number of mental health and substance use disorder treatment
organizations owned, managed, or led by individuals who are Black, Indigenous, or people
of color;
new text end

new text begin (6) reduced health disparities through improved clinical and functional outcomes for
those accessing services; and
new text end

new text begin (7) led to an overall increase in culturally specific mental health and substance use
disorder service availability.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

new text begin [245.4906] MENTAL HEALTH CERTIFIED PEER SPECIALIST GRANT
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The mental health certified peer specialist grant program
is established in the Department of Human Services to provide funding for training for
mental health certified peer specialists who provide services to support individuals with
lived experience of mental illness under section 256B.0615. Certified peer specialists provide
services to individuals who are receiving assertive community treatment or intensive
residential treatment services under section 256B.0622, adult rehabilitative mental health
services under section 256B.0623, or crisis response services under section 256B.0624.
Mental health certified peer specialist qualifications are defined in section 245I.04,
subdivision 10, and mental health certified peer specialists' scope of practice is defined in
section 245I.04, subdivision 11.
new text end

new text begin Subd. 2. new text end

new text begin Activities. new text end

new text begin Grant funding may be used to provide training for mental health
certified peer specialists as specified in section 256B.0615, subdivision 5.
new text end

new text begin Subd. 3. new text end

new text begin Outcomes. new text end

new text begin Evaluation includes the extent to which individuals receiving peer
services:
new text end

new text begin (1) experience progress on achieving treatment goals; and
new text end

new text begin (2) experience a reduction in hospital admissions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

new text begin [245.4907] MENTAL HEALTH CERTIFIED FAMILY PEER SPECIALIST
GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The mental health certified peer family specialist grant
program is established in the Department of Human Services to provide funding for training
for mental health certified peer family specialists who provide services to support individuals
with lived experience of mental illness under section 256B.0616. Certified family peer
specialists provide services to families who have a child with an emotional disturbance or
severe emotional disturbance under chapter 245. Certified family peer specialists provide
services to families whose children are receiving inpatient hospitalization under section
256B.0625, subdivision 1; partial hospitalization under Minnesota Rules, parts 9505.0370,
subpart 24, and 9505.0372, subpart 9; residential treatment under section 245.4882; children's
intensive behavioral health services under section 256B.0946; and day treatment, children's
therapeutic services and supports, or crisis response services under section 256B.0624.
Mental health certified family peer specialist qualifications are defined in section 245I.04,
subdivision 12, and mental health certified family peer specialists' scope of practice is
defined in section 245I.04, subdivision 13.
new text end

new text begin Subd. 2. new text end

new text begin Activities. new text end

new text begin Grant funding may be used to provide training for mental health
certified family peer specialists as specified in section 256B.0616, subdivision 5.
new text end

new text begin Subd. 3. new text end

new text begin Outcomes. new text end

new text begin Evaluation includes the extent to which individuals receiving family
peer services new text end new text begin :
new text end

new text begin (1) progress on achieving treatment goals; and
new text end

new text begin (2) experience a reduction in hospital admissions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

new text begin [245.991] PROJECTS FOR ASSISTANCE IN TRANSITION FROM
HOMELESSNESS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The projects for assistance in transition from homelessness
program is established in the Department of Human Services to prevent or end homelessness
for people with serious mental illness or co-occurring substance use disorder and ensure
the commissioner may achieve the goals of the housing mission statement in section 245.461,
subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Activities. new text end

new text begin All projects for assistance in transition from homelessness must
provide homeless outreach and case management services. Projects may provide clinical
assessment, habilitation and rehabilitation services, community mental health services,
substance use disorder treatment, housing transition and sustaining services, direct assistance
funding, and other activities as determined by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin Program activities must be provided to people with serious mental
illness, or with co-occurring substance use disorder, who meet homeless criteria determined
by the commissioner. People receiving homeless outreach may be presumed eligible until
serious mental illness can be verified.
new text end

new text begin Subd. 4. new text end

new text begin Outcomes. new text end

new text begin Evaluation of each project includes the extent to which:
new text end

new text begin (1) grantees contact individuals through homeless outreach services;
new text end

new text begin (2) grantees enroll individuals in case management services;
new text end

new text begin (3) individuals access behavioral health services; and
new text end

new text begin (4) individuals transition from homelessness to housing.
new text end

new text begin Subd. 5. new text end

new text begin Federal aid or grants. new text end

new text begin The commissioner of human services must comply with
all conditions and requirements necessary to receive federal aid or grants with respect to
homeless services or programs as specified in section 245.70.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

new text begin [245.992] HOUSING WITH SUPPORT FOR ADULTS WITH SERIOUS
MENTAL ILLNESS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The housing with support for adults with serious mental illness
program is established in the Department of Human Services to prevent or end homelessness
for people with serious mental illness, increase the availability of housing with support, and
ensure the commissioner may achieve the goals of the housing mission statement in section
245.461, subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Activities. new text end

new text begin The housing with support for adults with serious mental illness
program may provide a range of activities and supportive services to assure that people
obtain and retain permanent supportive housing. Program activities may include case
management, site-based housing services, housing transition and sustaining services, outreach
services, community support services, direct assistance funding, and other activities as
determined by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin Program activities must be provided to people with serious mental
illness, or with co-occurring substance use disorder, who meet homeless criteria determined
by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Outcomes. new text end

new text begin Evaluation of program activities must utilize evidence-based
practices and must include the extent to which:
new text end

new text begin (1) grantees' housing and activities utilize evidence-based practices;
new text end

new text begin (2) individuals transition from homelessness to housing;
new text end

new text begin (3) individuals retain housing; and
new text end

new text begin (4) individuals are satisfied with their housing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2022, section 256.478, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Authorized uses of grant funds. new text end

new text begin Grant funds may be used for but are not
limited to the following:
new text end

new text begin (1) increasing access to home and community-based services for an individual;
new text end

new text begin (2) improving caregiver-child relationships and aiding progress toward treatment goals;
and
new text end

new text begin (3) reducing emergency department visits.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2022, section 256.478, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Outcomes. new text end

new text begin Program evaluation is based on but not limited to the following
criteria:
new text end

new text begin (1) expediting discharges for individuals who no longer need hospital level of care;
new text end

new text begin (2) individuals obtaining and retaining housing;
new text end

new text begin (3) individuals maintaining community living by diverting admission to Anoka Metro
Regional Treatment Center and Forensic Mental Health Program;
new text end

new text begin (4) reducing recidivism rates of individuals returning to state institutions; and
new text end

new text begin (5) individuals' ability to live in the least restrictive community setting.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2022, section 256B.056, is amended by adding a subdivision
to read:

new text begin Subd. 5d. new text end

new text begin Medical assistance room and board rate. new text end

new text begin "Medical assistance room and
board rate" means an amount equal to 81 percent of the federal poverty guideline for a single
individual living alone in the community less the medical assistance personal needs allowance
under section 256B.35. The amount of the room and board rate, as defined in section 256I.03,
subdivision 2, that exceeds the medical assistance room and board rate is considered a
remedial care cost. A remedial care cost may be used to meet a spenddown obligation under
this section. The medical assistance room and board rate is to be adjusted on January 1 of
each year.
new text end

Sec. 11.

Minnesota Statutes 2022, section 256B.0622, subdivision 8, is amended to read:

Subd. 8.

Medical assistance payment for assertive community treatment and
intensive residential treatment services.

(a) Payment for intensive residential treatment
services and assertive community treatment in this section shall be based on one daily rate
per provider inclusive of the following services received by an eligible client in a given
calendar day: all rehabilitative services under this section, staff travel time to provide
rehabilitative services under this section, and nonresidential crisis stabilization services
under section 256B.0624.

(b) Except as indicated in paragraph (c), payment will not be made to more than one
entity for each client for services provided under this section on a given day. If services
under this section are provided by a team that includes staff from more than one entity, the
team must determine how to distribute the payment among the members.

(c) The commissioner shall determine one rate for each provider that will bill medical
assistance for residential services under this section and one rate for each assertive community
treatment provider. If a single entity provides both services, one rate is established for the
entity's residential services and another rate for the entity's nonresidential services under
this section. A provider is not eligible for payment under this section without authorization
from the commissioner. The commissioner shall develop rates using the following criteria:

(1) the provider's cost for services shall include direct services costs, other program
costs, and other costs determined as follows:

(i) the direct services costs must be determined using actual costs of salaries, benefits,
payroll taxes, and training of direct service staff and service-related transportation;

(ii) other program costs not included in item (i) must be determined as a specified
percentage of the direct services costs as determined by item (i). The percentage used shall
be determined by the commissioner based upon the average of percentages that represent
the relationship of other program costs to direct services costs among the entities that provide
similar services;

(iii) physical plant costs calculated based on the percentage of space within the program
that is entirely devoted to treatment and programming. This does not include administrative
or residential space;

(iv) assertive community treatment physical plant costs must be reimbursed as part of
the costs described in item (ii); and

(v) subject to federal approval, up to an additional five percent of the total rate may be
added to the program rate as a quality incentive based upon the entity meeting performance
criteria specified by the commissioner;

(2) actual cost is defined as costs which are allowable, allocable, and reasonable, and
consistent with federal reimbursement requirements under Code of Federal Regulations,
title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and
Budget Circular Number A-122, relating to nonprofit entities;

(3) the number of service units;

(4) the degree to which clients will receive services other than services under this section;
and

(5) the costs of other services that will be separately reimbursed.

(d) The rate for intensive residential treatment services and assertive community treatment
must exclude new text begin the medical assistance new text end room and board new text begin rate new text end , as defined in section deleted text begin 256I.03,
subdivision 6 deleted text end new text begin 256B.056, subdivision 5d new text end , and services not covered under this section, such
as partial hospitalization, home care, and inpatient services.

(e) Physician services that are not separately billed may be included in the rate to the
extent that a psychiatrist, or other health care professional providing physician services
within their scope of practice, is a member of the intensive residential treatment services
treatment team. Physician services, whether billed separately or included in the rate, may
be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning
given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth
is used to provide intensive residential treatment services.

(f) When services under this section are provided by an assertive community treatment
provider, case management functions must be an integral part of the team.

(g) The rate for a provider must not exceed the rate charged by that provider for the
same service to other payors.

(h) The rates for existing programs must be established prospectively based upon the
expenditures and utilization over a prior 12-month period using the criteria established in
paragraph (c). The rates for new programs must be established based upon estimated
expenditures and estimated utilization using the criteria established in paragraph (c).

(i) Entities who discontinue providing services must be subject to a settle-up process
whereby actual costs and reimbursement for the previous 12 months are compared. In the
event that the entity was paid more than the entity's actual costs plus any applicable
performance-related funding due the provider, the excess payment must be reimbursed to
the department. If a provider's revenue is less than actual allowed costs due to lower
utilization than projected, the commissioner may reimburse the provider to recover its actual
allowable costs. The resulting adjustments by the commissioner must be proportional to the
percent of total units of service reimbursed by the commissioner and must reflect a difference
of greater than five percent.

(j) A provider may request of the commissioner a review of any rate-setting decision
made under this subdivision.

Sec. 12.

Minnesota Statutes 2022, section 256B.0946, subdivision 6, is amended to read:

Subd. 6.

Excluded services.

(a) Services in clauses (1) to (7) are not covered under this
section and are not eligible for medical assistance payment as components of children's
intensive behavioral health services, but may be billed separately:

(1) inpatient psychiatric hospital treatment;

(2) mental health targeted case management;

(3) partial hospitalization;

(4) medication management;

(5) children's mental health day treatment services;

(6) crisis response services under section 256B.0624;

(7) transportation; and

(8) mental health certified family peer specialist services under section 256B.0616.

(b) Children receiving intensive behavioral health services are not eligible for medical
assistance reimbursement for the following services while receiving children's intensive
behavioral health services:

(1) psychotherapy and skills training components of children's therapeutic services and
supports under section 256B.0943;

(2) mental health behavioral aide services as defined in section 256B.0943, subdivision
1, paragraph (l);

(3) home and community-based waiver services;

(4) mental health residential treatment; and

(5) new text begin medical assistance new text end room and board deleted text begin costs deleted text end new text begin rate, new text end as defined in section deleted text begin 256I.03,
subdivision 6 deleted text end new text begin 256B.056, subdivision 5d new text end .

Sec. 13.

Minnesota Statutes 2022, section 256B.0947, subdivision 7a, is amended to read:

Subd. 7a.

Noncovered services.

(a) The rate for intensive rehabilitative mental health
services does not include medical assistance payment for services in clauses (1) to (7).
Services not covered under this paragraph may be billed separately:

(1) inpatient psychiatric hospital treatment;

(2) partial hospitalization;

(3) children's mental health day treatment services;

(4) physician services outside of care provided by a psychiatrist serving as a member of
the treatment team;

(5) new text begin medical assistance new text end room and board deleted text begin costs deleted text end new text begin rate new text end , as defined in section deleted text begin 256I.03,
subdivision 6 deleted text end new text begin 256B.056, subdivision 5d new text end ;

(6) home and community-based waiver services; and

(7) other mental health services identified in the child's individualized education program.

(b) The following services are not covered under this section and are not eligible for
medical assistance payment while youth are receiving intensive rehabilitative mental health
services:

(1) mental health residential treatment; and

(2) mental health behavioral aide services, as defined in section 256B.0943, subdivision
1, paragraph (l).

Sec. 14.

Minnesota Statutes 2022, section 256D.02, is amended by adding a subdivision
to read:

new text begin Subd. 20. new text end

new text begin Date of application. new text end

new text begin "Date of application" has the meaning given in section
256P.01, subdivision 2b.
new text end

Sec. 15.

Minnesota Statutes 2022, section 256D.07, is amended to read:

256D.07 TIME OF PAYMENT OF ASSISTANCE.

An applicant for general assistance shall be deemed eligible if the application and the
verification of the statement on that application demonstrate that the applicant is within the
eligibility criteria established by sections 256D.01 to 256D.21 and any applicable rules of
the commissioner. Any person requesting general assistance shall be permitted by the county
agency to make an application for assistance as soon as administratively possible and in no
event later than the fourth day following the date on which assistance is first requested, and
no county agency shall require that a person requesting assistance appear at the offices of
the county agency more than once prior to the date on which the person is permitted to make
the application. deleted text begin The application shall be in writing in the manner and upon the form
prescribed by the commissioner and attested to by the oath of the applicant or in lieu thereof
shall contain the following declaration which shall be signed by the applicant: "I declare
that this application has been examined by me and to the best of my knowledge and belief
is a true and correct statement of every material point." deleted text end new text begin Applications must be submitted
according to section 256P.04, subdivision 1a. new text end On the date that general assistance is first
requested, the county agency shall inquire and determine whether the person requesting
assistance is in immediate need of food, shelter, clothing, assistance for necessary
transportation, or other emergency assistance pursuant to section 256D.06, subdivision 2.
A person in need of emergency assistance shall be granted emergency assistance immediately,
and necessary emergency assistance shall continue for up to 30 days following the date of
application. A determination of an applicant's eligibility for general assistance shall be made
by the county agency as soon as the required verifications are received by the county agency
and in no event later than 30 days following the date that the application is made. Any
verifications required of the applicant shall be reasonable, and the commissioner shall by
rule establish reasonable verifications. General assistance shall be granted to an eligible
applicant without the necessity of first securing action by the board of the county agency.
The first month's grant must be computed to cover the time period starting with the date deleted text begin a
signed application form is received by the county agency deleted text end new text begin of application, as defined by
section 256P.01, subdivision 2b, new text end or from the date that the applicant meets all eligibility
factors, whichever occurs later.

If upon verification and due investigation it appears that the applicant provided false
information and the false information materially affected the applicant's eligibility for general
assistance or the amount of the applicant's general assistance grant, the county agency may
refer the matter to the county attorney. The county attorney may commence a criminal
prosecution or a civil action for the recovery of any general assistance wrongfully received,
or both.

Sec. 16.

Minnesota Statutes 2022, section 256I.03, subdivision 15, is amended to read:

Subd. 15.

Supportive housing.

"Supportive housing" means housing that is not
time-limited deleted text begin and deleted text end new text begin , new text end provides or coordinates services necessary for a resident to maintain
housing stability new text begin , and is not assisted living licensed under chapter 144G new text end .

Sec. 17.

Minnesota Statutes 2022, section 256I.03, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Date of application. new text end

new text begin "Date of application" has the meaning given in section
256P.01, subdivision 2b.
new text end

Sec. 18.

Minnesota Statutes 2022, section 256I.04, subdivision 2, is amended to read:

Subd. 2.

Date of eligibility.

An individual who has met the eligibility requirements of
subdivision 1, shall have a housing support payment made on the individual's behalf from
the first day of the month deleted text begin in which a signed deleted text end new text begin of the date of new text end application deleted text begin form is received by
a county agency deleted text end , new text begin as defined by section 256P.01, subdivision 2b, new text end or the first day of the month
in which all eligibility factors have been met, whichever is later.

Sec. 19.

Minnesota Statutes 2022, section 256I.06, subdivision 3, is amended to read:

Subd. 3.

Filing of application.

deleted text begin The county agency must immediately provide an
application form to any person requesting housing support. Application for housing support
must be in writing on a form prescribed by the commissioner. deleted text end new text begin Applications must be submitted
according to section 256P.04, subdivision 1a. new text end The county agency must determine an
applicant's eligibility for housing support as soon as the required verifications are received
by the county agency and within 30 days after a signed application is received by the county
agency for the aged or blind or within 60 days for people with a disability.

Sec. 20.

Minnesota Statutes 2022, section 256I.09, is amended to read:

256I.09 COMMUNITY LIVING INFRASTRUCTURE.

The commissioner shall award grants to agencies new text begin and multi-Tribal collaboratives new text end through
an annual competitive process. Grants awarded under this section may be used for: (1)
outreach to locate and engage people who are homeless or residing in segregated settings
to screen for basic needs and assist with referral to community living resources; (2) building
capacity to provide technical assistance and consultation on housing and related support
service resources for persons with both disabilities and low income; or (3) streamlining the
administration and monitoring activities related to housing support funds. Agencies may
collaborate and submit a joint application for funding under this section.

Sec. 21.

Minnesota Statutes 2022, section 256J.08, subdivision 21, is amended to read:

Subd. 21.

Date of application.

"Date of application" deleted text begin means the date on which the county
agency receives an applicant's application as a signed written application, an application
submitted by telephone, or an application submitted through Internet telepresence deleted text end new text begin has the
meaning given in section 256P.01, subdivision 2b new text end .

Sec. 22.

Minnesota Statutes 2022, section 256J.09, subdivision 3, is amended to read:

Subd. 3.

Submitting application form.

(a) A county agency must offer, in person or
by mail, the application forms prescribed by the commissioner as soon as a person makes
a written or oral inquiry. At that time, the county agency must:

(1) inform the person that assistance begins on the date deleted text begin that the deleted text end new text begin of new text end application deleted text begin is received
by the county agency either as a signed written application; an application submitted by
telephone; or an application submitted through Internet telepresence; deleted text end new text begin , as defined in section
256P.01, subdivision 2b, new text end or on the date that all eligibility criteria are met, whichever is later;

(2) inform a person that the person may submit the application by telephone or through
Internet telepresence;

(3) inform a person deleted text begin that when the person submits the application by telephone or through
Internet telepresence, the county agency must receive a signed written application within
30 days of the date that the person submitted the application by telephone or through Internet
telepresence deleted text end new text begin of the application submission requirements in section 256P.04, subdivision
1a new text end ;

(4) inform the person that any delay in submitting the application will reduce the amount
of assistance paid for the month of application;

(5) inform a person that the person may submit the application before an interview;

(6) explain the information that will be verified during the application process by the
county agency as provided in section 256J.32;

(7) inform a person about the county agency's average application processing time and
explain how the application will be processed under subdivision 5;

(8) explain how to contact the county agency if a person's application information changes
and how to withdraw the application;

(9) inform a person that the next step in the application process is an interview and what
a person must do if the application is approved including, but not limited to, attending
orientation under section 256J.45 and complying with employment and training services
requirements in sections 256J.515 to 256J.57;

(10) inform the person that an interview must be conducted. The interview may be
conducted face-to-face in the county office or at a location mutually agreed upon, through
Internet telepresence, or by telephone;

(11) explain the child care and transportation services that are available under paragraph
(c) to enable caregivers to attend the interview, screening, and orientation; and

(12) identify any language barriers and arrange for translation assistance during
appointments, including, but not limited to, screening under subdivision 3a, orientation
under section 256J.45, and assessment under section 256J.521.

(b) Upon receipt of a signed application, the county agency must stamp the date of receipt
on the face of the application. The county agency must process the application within the
time period required under subdivision 5. An applicant may withdraw the application at
any time by giving written or oral notice to the county agency. The county agency must
issue a written notice confirming the withdrawal. The notice must inform the applicant of
the county agency's understanding that the applicant has withdrawn the application and no
longer wants to pursue it. When, within ten days of the date of the agency's notice, an
applicant informs a county agency, in writing, that the applicant does not wish to withdraw
the application, the county agency must reinstate the application and finish processing the
application.

(c) Upon a participant's request, the county agency must arrange for transportation and
child care or reimburse the participant for transportation and child care expenses necessary
to enable participants to attend the screening under subdivision 3a and orientation under
section 256J.45.

Sec. 23.

Minnesota Statutes 2022, section 256J.95, subdivision 5, is amended to read:

Subd. 5.

Submitting application form.

The eligibility date for the diversionary work
program begins on the date deleted text begin that the combined deleted text end new text begin of new text end application deleted text begin form (CAF) is received by the
county agency either as a signed written application; an application submitted by telephone;
or an application submitted through Internet telepresence; deleted text end new text begin , as defined in section 256P.01,
subdivision 2b, new text end or on the date that diversionary work program eligibility criteria are met,
whichever is later. The county agency must inform an applicant deleted text begin that when the applicant
submits the application by telephone or through Internet telepresence, the county agency
must receive a signed written application within 30 days of the date that the applicant
submitted the application by telephone or through Internet telepresence deleted text end new text begin of the application
submission requirements in section 256P.04, subdivision 1a new text end . The county agency must inform
the applicant that any delay in submitting the application will reduce the benefits paid for
the month of application. The county agency must inform a person that an application may
be submitted before the person has an interview appointment. Upon receipt of a signed
application, the county agency must stamp the date of receipt on the face of the application.
The applicant may withdraw the application at any time prior to approval by giving written
or oral notice to the county agency. The county agency must follow the notice requirements
in section 256J.09, subdivision 3, when issuing a notice confirming the withdrawal.

Sec. 24.

Minnesota Statutes 2022, section 256P.01, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Date of application. new text end

new text begin "Date of application" means the date on which the agency
receives an applicant's application as a signed written application, an application submitted
by telephone, or an application submitted through Internet telepresence. The child care
assistance program under chapter 119B is exempt from this definition.
new text end

Sec. 25.

Minnesota Statutes 2022, section 256P.04, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Application submission. new text end

new text begin An agency must offer, in person or by mail, the
application forms prescribed by the commissioner as soon as a person makes a written or
oral inquiry about assistance. Applications must be received by the agency as a signed
written application, an application submitted by telephone, or an application submitted
through Internet telepresence. When a person submits an application by telephone or through
Internet telepresence, the agency must receive a signed written application within 30 days
of the date that the person submitted the application by telephone or through Internet
telepresence.
new text end

Sec. 26. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, sections
256D.02 and 256I.03, in alphabetical order, excluding the first subdivision in each section,
and correct any cross-reference changes that result.
new text end

Sec. 27. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 256I.03, subdivision 6, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-03327

256I.03 DEFINITIONS.

Subd. 6.

Medical assistance room and board rate.

"Medical assistance room and board rate" means an amount equal to 81 percent of the federal poverty guideline for a single individual living alone in the community less the medical assistance personal needs allowance under section 256B.35. For the purposes of this section, the amount of the room and board rate that exceeds the medical assistance room and board rate is considered a remedial care cost. A remedial care cost may be used to meet a spenddown obligation under section 256B.056, subdivision 5. The medical assistance room and board rate is to be adjusted on the first day of January of each year.