SF 2584

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; establishing presumptive disability for medical
assistance eligibility; proposing coding for new law in Minnesota Statutes,
chapter 256B.

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

Section 1.

new text begin [256B.0615] PRESUMPTIVE DISABILITY.
new text end

new text begin (a) The commissioner shall establish an expedited application process for persons
with an urgent medical need that provides for a determination of presumptive disability
for purposes of medical assistance eligibility. An applicant shall be determined to be
presumptively disabled if the applicant is suffering from a physical or mental impairment
that is likely to be determined to meet the definition of disabled under the supplemental
security income program, and the applicant is in a situation that constitutes an urgent need
for medical services. An urgent need for medical services is met under the following
circumstances:
new text end

new text begin (1) the applicant is a patient in a hospital or other medical institution;
new text end

new text begin (2) the applicant will be admitted to a hospital or other medical institution without
immediate health care treatment;
new text end

new text begin (3) the applicant is in need of long-term care and the long-term care facility will not
admit the applicant until benefits are in effect; or
new text end

new text begin (4) the applicant is unable to return home from a nursing facility unless in-home
services or equipment is available that cannot be obtained without medical assistance
benefits.
new text end

new text begin (b) The commissioner shall require a statement from a health care provider who is
familiar with the applicant stating that the applicant meets the criteria of an urgent need
for medical services and that the applicant has an impairment.
new text end

new text begin (c) Upon a determination of presumptive disability, the commissioner shall notify
the applicant that the applicant is eligible for medical assistance beginning the month
of application and that this determination is not the final determination of eligibility.
If the application for presumptive disability is denied, the commissioner shall notify
the applicant of this decision and inform the applicant that this decision is not a final
decision on eligibility based on disability but that the commissioner has determined that
the applicant cannot be considered presumptively disabled.
new text end

new text begin (d) If the applicant is subsequently determined to be ineligible for medical assistance,
benefits provided during the period of presumptive eligibility are not recoverable unless
the applicant made misstatements or omissions of fact at the time of the presumptive
disability determination.
new text end