SF 2265

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/21/2023 03:19pm

A bill for an act
relating to human services; establishing procedures for the commissioner of human
services related to the transition from the public health emergency; appropriating
money; amending Laws 2020, First Special Session chapter 7, section 1, subdivision
1, as amended; Laws 2021, First Special Session chapter 7, article 1, section 36.

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

Section 1.

Laws 2020, First Special Session chapter 7, section 1, subdivision 1, as amended
by Laws 2021, First Special Session chapter 7, article 2, section 71, and Laws 2022, chapter
98, article 4, section 49, is amended to read:

Subdivision 1.

Waivers and modifications; federal funding extension.

When the
peacetime emergency declared by the governor in response to the COVID-19 outbreak
expires, is terminated, or is rescinded by the proper authority, the following waivers and
modifications to human services programs issued by the commissioner of human services
pursuant to Executive Orders 20-11 and 20-12 may remain in effect for the time period set
out in applicable federal law deleted text begin or deleted text end new text begin , new text end for the time period set out in any applicable federally
approved waiver or state plan amendment, new text begin or as provided in this subdivision, new text end whichever is
later:

(1) CV15: allowing telephone or video visits for waiver programs;

(2) CV17: preserving health care coverage for Medical Assistance and MinnesotaCare new text begin
as needed to comply with federal guidance from the Centers for Medicare and Medicaid
Services, and until the enrollee's first renewal following the resumption of medical assistance
and MinnesotaCare renewals after March 31, 2023 new text end ;

(3) CV18: implementation of federal changes to the Supplemental Nutrition Assistance
Program;

(4) CV20: eliminating cost-sharing for COVID-19 diagnosis and treatment;

(5) CV24: allowing telephone or video use for targeted case management visits;

(6) CV30: expanding telemedicine in health care, mental health, and substance use
disorder settings;

(7) CV37: implementation of federal changes to the Supplemental Nutrition Assistance
Program;

(8) CV39: implementation of federal changes to the Supplemental Nutrition Assistance
Program;

(9) CV42: implementation of federal changes to the Supplemental Nutrition Assistance
Program;

(10) CV43: expanding remote home and community-based waiver services;

(11) CV44: allowing remote delivery of adult day services;

(12) CV59: modifying eligibility period for the federally funded Refugee Cash Assistance
Program;

(13) CV60: modifying eligibility period for the federally funded Refugee Social Services
Program; and

(14) CV109: providing 15 percent increase for Minnesota Food Assistance Program and
Minnesota Family Investment Program maximum food benefits.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Laws 2021, First Special Session chapter 7, article 1, section 36, is amended to
read:

Sec. 36. RESPONSE TO COVID-19 PUBLIC HEALTH EMERGENCY.

(a) Notwithstanding Minnesota Statutes, section 256B.057, subdivision 9, deleted text begin 256L.06,
subdivision 3, deleted text end or any other provision to the contrary, the commissioner shall not collect any
unpaid premium for a coverage month that occurred during the COVID-19 public health
emergency declared by the United States Secretary of Health and Human Services new text begin and
through the month prior to an enrollee's first renewal following the resumption of medical
assistance renewals after March 31, 2023 new text end .

(b) Notwithstanding any provision to the contrary, periodic data matching under
Minnesota Statutes, section 256B.0561, subdivision 2, may be suspended for up to deleted text begin six deleted text end new text begin 12 new text end
months following the deleted text begin last day of the COVID-19 public health emergency declared by the
United States Secretary of Health and Human Services deleted text end new text begin resumption of medical assistance
and MinnesotaCare renewals after March 31, 2023 new text end .

(c) Notwithstanding any provision to the contrary, the requirement for the commissioner
of human services to issue an annual report on periodic data matching under Minnesota
Statutes, section 256B.0561, is suspended for one year following the last day of the
COVID-19 public health emergency declared by the United States Secretary of Health and
Human Services.

new text begin (d) For individuals enrolled in medical assistance as of March 31, 2023, who are subject
to the asset limits established by Minnesota Statutes, section 256B.056, subdivision 3,
paragraph (a), assets in excess of the limits established by Minnesota Statutes, section
256B.056, subdivision 3, paragraph (a), must be disregarded until the individual's second
annual renewal occurring following the resumption of renewals after March 31, 2023.
new text end

new text begin (e) The commissioner may temporarily adjust medical assistance eligibility verification
requirements as needed to comply with federal guidance and ensure a timely renewal process
for the period during which enrollees are subject to their first annual renewal following
March 31, 2023. The commissioner must implement sufficient controls to monitor the
effectiveness of verification adjustments and ensure program integrity.
new text end

new text begin (f) Notwithstanding any provision to the contrary, the commissioner of human services
may temporarily extend the time frame permitted to take final administrative action on fair
hearing requests from medical assistance recipients under Minnesota Statutes, section
256.045, until the end of the 23rd month after the end of the month in which the public
health emergency for COVID-19, as declared by the United States Secretary of Health and
Human Services, ends. During this period, the commissioner must:
new text end

new text begin (1) not delay resolving expedited fair hearings described in Code of Federal Regulations,
title 42, chapter IV, subchapter C, part 431, subpart E, section 431.224, paragraph (a);
new text end

new text begin (2) provide medical assistance benefits, pending the outcome of a fair hearing decision,
to any medical assistance recipient who requests a fair hearing within the time provided
under Minnesota Statutes, section 256.045, subdivision 3, paragraph (i), and regardless of
whether the recipient has requested benefits pending the outcome of the recipient's fair
hearing;
new text end

new text begin (3) reinstate medical assistance benefits back to the date of action, if the recipient requests
a fair hearing after the date of action and within the time provided under Minnesota Statutes,
section 256.045, subdivision 3, paragraph (i);
new text end

new text begin (4) take final administrative action within the maximum 90 days permitted under Code
of Federal Regulations, title 42, chapter IV, subchapter C, part 431, subpart E, section
431.244, paragraph (f)(1), for fair hearing requests where medical assistance benefits cannot
be provided pending the outcome of the fair hearing, such as a fair hearing challenging a
denial of eligibility for an applicant;
new text end

new text begin (5) not recoup or recover from the recipient the cost of medical assistance benefits
provided pending final administrative action, even if the agency's action is sustained by the
hearing decision; and
new text end

new text begin (6) not use this authority as justification to delay taking final action, and only exceed
the 90 days permitted for taking final agency action under Code of Federal Regulations,
title 42, section 431.244, paragraph (f)(1), to the extent to which the commissioner is unable
to take timely final agency action on a given fair hearing request.
new text end

new text begin (g) Notwithstanding Minnesota Statutes, section 256L.06, subdivision 3; 256L.15,
subdivision 2, or any other provision to the contrary, the commissioner must not collect any
unpaid premium for a coverage month that occurred during the COVID-19 public health
emergency declared by the United States Secretary of Health and Human Services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, or
upon federal approval, whichever is later. The commissioner of human services shall notify
the revisor of statutes when federal approval is obtained.
new text end

Sec. 3. new text begin APPROPRIATION; DEPARTMENT OF HUMAN SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Transition to standard eligibility functions for medical assistance
and MinnesotaCare after the federal public health emergency for COVID-19. new text end

new text begin (a)
$351,000 in fiscal year 2023 and $4,168,000 in fiscal year 2024 are appropriated from the
general fund to the commissioner of human services for medical assistance.
new text end

new text begin (b) $22,126,000 in fiscal year 2024 and $1,075,000 in fiscal year 2025 are appropriated
from the general fund to the commissioner of human services to administer the transition
to standard medical assistance and MinnesotaCare eligibility functions after the federal
public health emergency for COVID-19. This is a onetime appropriation.
new text end

new text begin (c) Of the appropriation in paragraph (b), $4,648,000 in fiscal year 2024 is for systems
costs.
new text end

new text begin (d) $36,000,000 in fiscal year 2024 is appropriated from the general fund to the
commissioner of human services for grants to counties to provide supplemental funding to
assist counties with resuming medical assistance renewals following the expiration of the
commissioner's CV17 waiver to human services programs as described in Laws 2020, First
Special Session chapter 7, section 1, subdivision 1, as amended by Laws 2021, First Special
Session chapter 7, article 2, section 71; Laws 2022, chapter 98, article 4, section 49; and
this act. The commissioner must distribute the entire amount of this appropriation to the
counties in proportion to each county's March 2023 share of statewide enrollment in
Minnesota health care programs other than MinnesotaCare.
new text end

new text begin (e) $1,936,000 in fiscal year 2023 and $1,064,000 in fiscal year 2024 are appropriated
from the health care access fund to the commissioner of human services for MinnesotaCare.
new text end

new text begin Subd. 2. new text end

new text begin Grants to navigators. new text end

new text begin $4,936,000 in fiscal year 2024 is appropriated from the
health care access fund to the commissioner of human services for grants to organizations
with a MNsure grant services navigator assistor contract in good standing as of June 30,
2023. The grant payment to each organization must be in proportion to the number of medical
assistance and MinnesotaCare enrollees each organization assisted that resulted in a
successful enrollment in the second quarter of fiscal years 2020 and 2022, as determined
by MNsure's navigator payment process. This is a onetime appropriation and is available
until June 30, 2025.
new text end