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SF 299

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; allowing persons with life-threatening medical
conditions to spend down excess income under MinnesotaCare; amending
Minnesota Statutes 2006, section 256L.07, subdivision 1, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2006, section 256L.07, subdivision 1, is amended to read:


Subdivision 1.

General requirements.

(a) Children enrolled in the original
children's health plan as of September 30, 1992, children who enrolled in the
MinnesotaCare program after September 30, 1992, pursuant to Laws 1992, chapter 549,
article 4, section 17, and children who have family gross incomes that are equal to or
less than 150 percent of the federal poverty guidelines are eligible without meeting
the requirements of subdivision 2 and the four-month requirement in subdivision 3, as
long as they maintain continuous coverage in the MinnesotaCare program or medical
assistance. Children who apply for MinnesotaCare on or after the implementation date
of the employer-subsidized health coverage program as described in Laws 1998, chapter
407, article 5, section 45, who have family gross incomes that are equal to or less than 150
percent of the federal poverty guidelines, must meet the requirements of subdivision 2 to
be eligible for MinnesotaCare.

(b) Families enrolled in MinnesotaCare under section 256L.04, subdivision 1, whose
income increases above 275 percent of the federal poverty guidelines, are no longer
eligible for the program and shall be disenrolled by the commissioner. Individuals enrolled
in MinnesotaCare under section 256L.04, subdivision 7, whose income increases above
175 percent of the federal poverty guidelines are no longer eligible for the program and
shall be disenrolled by the commissioner. For persons disenrolled under this subdivision,
MinnesotaCare coverage terminates the last day of the calendar month following the
month in which the commissioner determines that the income of a family or individual
exceeds program income limits.

(c) Notwithstanding paragraph (b), children may remain enrolled in MinnesotaCare
if ten percent of their gross individual or gross family income as defined in section
256L.01, subdivision 4, is less than the premium for a six-month policy with a $500
deductible available through the Minnesota Comprehensive Health Association. Children
who are no longer eligible for MinnesotaCare under this clause shall be given a 12-month
notice period from the date that ineligibility is determined before disenrollment. The
premium for children remaining eligible under this clause shall be the maximum premium
determined under section 256L.15, subdivision 2, paragraph (b).

(d) Notwithstanding paragraphs (b) and (c), new text begin and subdivision 7, new text end parents are not
eligible for MinnesotaCare if gross household income exceeds $25,000 for the six-month
period of eligibility.

Sec. 2.

Minnesota Statutes 2006, section 256L.07, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Persons with life-threatening medical conditions; excess income.
new text end

new text begin Notwithstanding subdivision 1, paragraph (b), a person who has excess income is eligible
for MinnesotaCare if the person has expenses for medical care for a life-threatening,
ongoing medical condition that are more than the amount of the person's excess income,
computed by deducting incurred medical expenses from the excess income to reduce the
excess to the income standard for the appropriate eligibility category specified in section
256L.04. The person shall elect to have the medical expenses deducted at the beginning
of a one-month budget period or at the beginning of a six-month budget period. The
commissioner shall allow persons eligible for assistance on a one-month spenddown basis
under this subdivision to elect to pay the monthly spenddown amount in advance of the
month of eligibility to the state agency in order to maintain eligibility on a continuous
basis. If the recipient does not pay the spenddown amount on or before the last business
day of the month, the recipient is ineligible for this option for the following month.
The local agency shall code the Medicaid Management Information System (MMIS) to
indicate that the recipient has elected this option. The state agency shall convey recipient
eligibility information relative to the collection of the spenddown to providers through the
Electronic Verification System (EVS). A recipient electing advance payment must pay the
state agency the monthly spenddown amount on or before noon on the last business day
of the month in order to be eligible for this option in the following month. For purposes
of this subdivision, "life-threatening, ongoing medical condition" means a condition
listed as a presumptive condition for purposes of obtaining coverage under the Minnesota
Comprehensive Health Association.
new text end