Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 3016

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

Current Version - 2nd Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11
1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 2.1 2.2 2.3 2.4 2.5 2.6
2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19
4.20
4.21 4.22 4.23 4.24 4.25
4.26 4.27 4.28 4.29 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25
8.26 8.27 8.28 8.29 8.30
8.31 8.32 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12
9.13 9.14 9.15 9.16 9.17
9.18 9.19 9.20 9.21
9.22 9.23

A bill for an act
relating to human services; making changes to child care provider rates and
parent fees; suspending certain health care co-pays; increasing the MFIP
transitional standard; reinstating health care benefits for certain noncitizens;
suspending MFIP housing and SSI penalties; amending Minnesota Statutes 2004,
sections 119B.13, by adding a subdivision; 256J.24, by adding a subdivision;
Minnesota Statutes 2005 Supplement, sections 119B.09, subdivision 1; 256D.03,
subdivision 3; 256L.04, subdivision 1a; proposing coding for new law in
Minnesota Statutes, chapter 119B; repealing Laws 2005, First Special Session
chapter 4, article 3, section 19.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 119B.09, subdivision 1, is
amended to read:


Subdivision 1.

General eligibility requirements for all applicants for child
care assistance.

(a) Child care services must be available to families who need child
care to find or keep employment or to obtain the training or education necessary to find
employment and who:

(1) have household income less than or equal to 250 percent of the federal poverty
guidelines, adjusted for family size, and meet the requirements of section 119B.05;
receive MFIP assistance; and are participating in employment and training services under
chapter 256J or 256K; or

(2) have household income less than or equal to deleted text begin 175deleted text end new text begin 200new text end percent of the federal
poverty guidelines, new text begin from July 1, 2006, to June 30, 2007, and 175 percent of the poverty
guidelines from July 1, 2007, and later,
new text end adjusted for family size, at program entry and less
than 250 percent of the federal poverty guidelines, adjusted for family size, at program exit.

(b) Child care services must be made available as in-kind services.

(c) All applicants for child care assistance and families currently receiving child care
assistance must be assisted and required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the family as a condition
of program eligibility. For purposes of this section, a family is considered to meet the
requirement for cooperation when the family complies with the requirements of section
256.741.

Sec. 2.

new text begin [119B.095] CO-PAYMENT FEE FOR FAMILIES WITH ANNUAL
INCOMES THAT EXCEED THE FEDERAL POVERTY LEVEL.
new text end

new text begin (a) The monthly family co-payment fee for families with annual incomes greater than
the federal poverty level, adjusted for family size, is determined in paragraphs (b) and (c):
new text end

new text begin (b) The family's annual gross income is converted into a percentage of state median
income (SMI) for a family of four, adjusted for family size, by dividing the family's
annual gross income by 100 percent of the SMI for a family of four, adjusted for family
size. The percentage must be carried out to the nearest 100th of a percent.
new text end

new text begin (c) If the family's annual gross income is less than or equal to 75 percent of the
SMI for a family of four, adjusted for family size, the family's monthly co-payment fee
is the fixed percentage established for the family's income range in clauses (1) to (60),
multiplied by the highest possible income within that income range, divided by 12, and
rounded to the nearest whole dollar.
new text end

new text begin Percent of SMI
new text end
new text begin Percent
new text end
new text begin (1)
new text end
new text begin less than 35.01
new text end
new text begin 2.20
new text end
new text begin (2)
new text end
new text begin 35.01 to 42.00
new text end
new text begin 2.70
new text end
new text begin (3)
new text end
new text begin 42.01 to 43.00
new text end
new text begin 3.75
new text end
new text begin (4)
new text end
new text begin 43.01 to 44.00
new text end
new text begin 4.00
new text end
new text begin (5)
new text end
new text begin 44.01 to 45.00
new text end
new text begin 4.25
new text end
new text begin (6)
new text end
new text begin 45.01 to 46.00
new text end
new text begin 4.50
new text end
new text begin (7)
new text end
new text begin 46.01 to 47.00
new text end
new text begin 4.75
new text end
new text begin (8)
new text end
new text begin 47.01 to 48.00
new text end
new text begin 5.00
new text end
new text begin (9)
new text end
new text begin 48.01 to 49.00
new text end
new text begin 5.25
new text end
new text begin (10)
new text end
new text begin 49.01 to 50.00
new text end
new text begin 5.50
new text end
new text begin (11)
new text end
new text begin 50.01 to 50.50
new text end
new text begin 5.75
new text end
new text begin (12)
new text end
new text begin 50.51 to 51.00
new text end
new text begin 6.00
new text end
new text begin (13)
new text end
new text begin 51.01 to 51.50
new text end
new text begin 6.25
new text end
new text begin (14)
new text end
new text begin 51.51 to 52.00
new text end
new text begin 6.50
new text end
new text begin (15)
new text end
new text begin 52.01 to 52.50
new text end
new text begin 6.75
new text end
new text begin (16)
new text end
new text begin 52.51 to 53.00
new text end
new text begin 7.00
new text end
new text begin (17)
new text end
new text begin 53.01 to 53.50
new text end
new text begin 7.25
new text end
new text begin (18)
new text end
new text begin 53.51 to 54.00
new text end
new text begin 7.50
new text end
new text begin (19)
new text end
new text begin 54.01 to 54.50
new text end
new text begin 7.75
new text end
new text begin (20)
new text end
new text begin 54.51 to 55.00
new text end
new text begin 8.00
new text end
new text begin (21)
new text end
new text begin 55.01 to 55.50
new text end
new text begin 8.30
new text end
new text begin (22)
new text end
new text begin 55.51 to 56.00
new text end
new text begin 8.60
new text end
new text begin (23)
new text end
new text begin 56.01 to 56.50
new text end
new text begin 8.90
new text end
new text begin (24)
new text end
new text begin 56.51 to 57.00
new text end
new text begin 9.20
new text end
new text begin (25)
new text end
new text begin 57.01 to 57.50
new text end
new text begin 9.50
new text end
new text begin (26)
new text end
new text begin 57.51 to 58.00
new text end
new text begin 9.80
new text end
new text begin (27)
new text end
new text begin 58.01 to 58.50
new text end
new text begin 10.10
new text end
new text begin (28)
new text end
new text begin 58.51 to 59.00
new text end
new text begin 10.40
new text end
new text begin (29)
new text end
new text begin 59.01 to 59.50
new text end
new text begin 10.70
new text end
new text begin (30)
new text end
new text begin 59.51 to 60.00
new text end
new text begin 11.00
new text end
new text begin (31)
new text end
new text begin 60.01 to 60.50
new text end
new text begin 11.30
new text end
new text begin (32)
new text end
new text begin 60.51 to 61.00
new text end
new text begin 11.60
new text end
new text begin (33)
new text end
new text begin 61.01 to 61.50
new text end
new text begin 11.90
new text end
new text begin (34)
new text end
new text begin 61.51 to 62.00
new text end
new text begin 12.20
new text end
new text begin (35)
new text end
new text begin 62.01 to 62.50
new text end
new text begin 12.50
new text end
new text begin (36)
new text end
new text begin 62.51 to 63.00
new text end
new text begin 12.80
new text end
new text begin (37)
new text end
new text begin 63.01 to 63.50
new text end
new text begin 13.10
new text end
new text begin (38)
new text end
new text begin 63.51 to 64.00
new text end
new text begin 13.40
new text end
new text begin (39)
new text end
new text begin 64.01 to 64.50
new text end
new text begin 13.70
new text end
new text begin (40)
new text end
new text begin 64.51 to 65.00
new text end
new text begin 14.00
new text end
new text begin (41)
new text end
new text begin 65.01 to 65.50
new text end
new text begin 14.30
new text end
new text begin (42)
new text end
new text begin 65.51 to 66.00
new text end
new text begin 14.60
new text end
new text begin (43)
new text end
new text begin 66.01 to 66.50
new text end
new text begin 14.90
new text end
new text begin (44)
new text end
new text begin 66.51 to 67.00
new text end
new text begin 15.20
new text end
new text begin (45)
new text end
new text begin 67.01 to 67.50
new text end
new text begin 15.50
new text end
new text begin (46)
new text end
new text begin 67.51 to 68.00
new text end
new text begin 15.80
new text end
new text begin (47)
new text end
new text begin 68.01 to 68.50
new text end
new text begin 16.10
new text end
new text begin (48)
new text end
new text begin 68.51 to 69.00
new text end
new text begin 16.40
new text end
new text begin (49)
new text end
new text begin 69.01 to 69.50
new text end
new text begin 16.70
new text end
new text begin (50)
new text end
new text begin 69.51 to 70.00
new text end
new text begin 17.00
new text end
new text begin (51)
new text end
new text begin 70.01 to 70.50
new text end
new text begin 17.30
new text end
new text begin (52)
new text end
new text begin 70.51 to 71.00
new text end
new text begin 17.60
new text end
new text begin (53)
new text end
new text begin 71.01 to 71.50
new text end
new text begin 17.90
new text end
new text begin (54)
new text end
new text begin 71.51 to 72.00
new text end
new text begin 18.20
new text end
new text begin (55)
new text end
new text begin 72.01 to 72.50
new text end
new text begin 18.50
new text end
new text begin (56)
new text end
new text begin 72.51 to 73.00
new text end
new text begin 18.80
new text end
new text begin (57)
new text end
new text begin 73.01 to 73.50
new text end
new text begin 19.10
new text end
new text begin (58)
new text end
new text begin 73.51 to 74.00
new text end
new text begin 19.40
new text end
new text begin (59)
new text end
new text begin 74.01 to 74.50
new text end
new text begin 19.70
new text end
new text begin (60)
new text end
new text begin 74.51 to 75.00
new text end
new text begin 20.00
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective from July 1, 2006, to June 30, 2007.
new text end

Sec. 3.

Minnesota Statutes 2004, section 119B.13, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Cost of living increase. new text end

new text begin In addition to the provider rates specified under
this section, the commissioner shall provide a onetime two percent cost of living rate
increase to providers.
new text end

Sec. 4.

Minnesota Statutes 2005 Supplement, section 256D.03, subdivision 3, is
amended to read:


Subd. 3.

General assistance medical care; eligibility.

(a) General assistance
medical care may be paid for any person who is not eligible for medical assistance under
chapter 256B, including eligibility for medical assistance based on a spenddown of excess
income according to section 256B.056, subdivision 5, or MinnesotaCare as defined in
paragraph (b), except as provided in paragraph (c), and:

(1) who is receiving assistance under section 256D.05, except for families with
children who are eligible under Minnesota family investment program (MFIP), or who is
having a payment made on the person's behalf under sections 256I.01 to 256I.06; or

(2) who is a resident of Minnesota; and

(i) who has gross countable income not in excess of 75 percent of the federal poverty
guidelines for the family size, using a six-month budget period and whose equity in assets
is not in excess of $1,000 per assistance unit. Exempt assets, the reduction of excess
assets, and the waiver of excess assets must conform to the medical assistance program in
section 256B.056, subdivision 3, with the following exception: the maximum amount of
undistributed funds in a trust that could be distributed to or on behalf of the beneficiary by
the trustee, assuming the full exercise of the trustee's discretion under the terms of the
trust, must be applied toward the asset maximum;

(ii) who has gross countable income above 75 percent of the federal poverty
guidelines but not in excess of 175 percent of the federal poverty guidelines for the
family size, using a six-month budget period, whose equity in assets is not in excess
of the limits in section 256B.056, subdivision 3c, and who applies during an inpatient
hospitalization; or

(iii) the commissioner shall adjust the income standards under this section each July
1 by the annual update of the federal poverty guidelines following publication by the
United States Department of Health and Human Services.

(b) Effective for applications and renewals processed on or after September 1, 2006,
general assistance medical care may not be paid for applicants or recipients who are adults
with dependent children under 21 whose gross family income is equal to or less than 275
percent of the federal poverty guidelines who are not described in paragraph (e).

(c) Effective for applications and renewals processed on or after September 1, 2006,
general assistance medical care may be paid for applicants and recipients who meet all
eligibility requirements of paragraph (a), clause (2), item (i), for a temporary period
beginning the date of application. Immediately following approval of general assistance
medical care, enrollees shall be enrolled in MinnesotaCare under section 256L.04,
subdivision 7
, with covered services as provided in section 256L.03 for the rest of the
six-month eligibility period, until their six-month renewal.

(d) To be eligible for general assistance medical care following enrollment in
MinnesotaCare as required by paragraph (c), an individual must complete a new
application.

(e) Applicants and recipients eligible under paragraph (a), clause (1), or who have
applied for and are awaiting a determination of blindness or disability by the state medical
review team or a determination of eligibility for Supplemental Security Income or Social
Security Disability Insurance by the Social Security Administration, or who fail to meet
the requirements of section 256L.09, subdivision 2, are exempt from the MinnesotaCare
enrollment requirements of this subdivision.

(f) For applications received on or after October 1, 2003, eligibility may begin no
earlier than the date of application. For individuals eligible under paragraph (a), clause
(2), item (i), a redetermination of eligibility must occur every 12 months. Individuals are
eligible under paragraph (a), clause (2), item (ii), only during inpatient hospitalization but
may reapply if there is a subsequent period of inpatient hospitalization.

(g) Beginning September 1, 2006, Minnesota health care program applications and
renewals completed by recipients and applicants who are persons described in paragraph
(c) and submitted to the county agency shall be determined for MinnesotaCare eligibility
by the county agency. If all other eligibility requirements of this subdivision are met,
eligibility for general assistance medical care shall be available in any month during which
MinnesotaCare enrollment is pending. Upon notification of eligibility for MinnesotaCare,
notice of termination for eligibility for general assistance medical care shall be sent to
an applicant or recipient. If all other eligibility requirements of this subdivision are
met, eligibility for general assistance medical care shall be available until enrollment in
MinnesotaCare subject to the provisions of paragraphs (c), (e), and (f). new text begin The requirement to
provide a Social Security number does not apply to undocumented noncitizens eligible
under paragraph (n).
new text end

(h) The date of an initial Minnesota health care program application necessary to
begin a determination of eligibility shall be the date the applicant has provided a name,
address, and Social Security number, signed and dated, to the county agency or the
Department of Human Services. If the applicant is unable to provide a name, address,
Social Security number, and signature when health care is delivered due to a medical
condition or disability, a health care provider may act on an applicant's behalf to establish
the date of an initial Minnesota health care program application by providing the county
agency or Department of Human Services with provider identification and a temporary
unique identifier for the applicant. The applicant must complete the remainder of the
application and provide necessary verification before eligibility can be determined. The
county agency must assist the applicant in obtaining verification if necessary.

(i) County agencies are authorized to use all automated databases containing
information regarding recipients' or applicants' income in order to determine eligibility
for general assistance medical care or MinnesotaCare. Such use shall be considered
sufficient in order to determine eligibility and premium payments by the county agency.

(j) General assistance medical care is not available for a person in a correctional
facility unless the person is detained by law for less than one year in a county correctional
or detention facility as a person accused or convicted of a crime, or admitted as an
inpatient to a hospital on a criminal hold order, and the person is a recipient of general
assistance medical care at the time the person is detained by law or admitted on a criminal
hold order and as long as the person continues to meet other eligibility requirements
of this subdivision.

(k) General assistance medical care is not available for applicants or recipients who
do not cooperate with the county agency to meet the requirements of medical assistance.

(l) In determining the amount of assets of an individual eligible under paragraph
(a), clause (2), item (i), there shall be included any asset or interest in an asset, including
an asset excluded under paragraph (a), that was given away, sold, or disposed of for
less than fair market value within the 60 months preceding application for general
assistance medical care or during the period of eligibility. Any transfer described in this
paragraph shall be presumed to have been for the purpose of establishing eligibility for
general assistance medical care, unless the individual furnishes convincing evidence to
establish that the transaction was exclusively for another purpose. For purposes of this
paragraph, the value of the asset or interest shall be the fair market value at the time it
was given away, sold, or disposed of, less the amount of compensation received. For any
uncompensated transfer, the number of months of ineligibility, including partial months,
shall be calculated by dividing the uncompensated transfer amount by the average monthly
per person payment made by the medical assistance program to skilled nursing facilities
for the previous calendar year. The individual shall remain ineligible until this fixed period
has expired. The period of ineligibility may exceed 30 months, and a reapplication for
benefits after 30 months from the date of the transfer shall not result in eligibility unless
and until the period of ineligibility has expired. The period of ineligibility begins in the
month the transfer was reported to the county agency, or if the transfer was not reported,
the month in which the county agency discovered the transfer, whichever comes first. For
applicants, the period of ineligibility begins on the date of the first approved application.

(m) When determining eligibility for any state benefits under this subdivision,
the income and resources of all noncitizens shall be deemed to include their sponsor's
income and resources as defined in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, title IV, Public Law 104-193, sections 421 and 422, and
subsequently set out in federal rules.

(n) new text begin (1) An new text end undocumented deleted text begin noncitizens and nonimmigrants aredeleted text end new text begin noncitizen or a
nonimmigrant is
new text end ineligible for general assistance medical carenew text begin other than emergency
services
new text end . For purposes of this subdivision, a nonimmigrant is an individual in one or
more of the classes listed in United States Code, title 8, section 1101(a)(15), and an
undocumented noncitizen is an individual who resides in the United States without the
approval or acquiescence of the Immigration and Naturalization Service.

new text begin (2) This paragraph does not apply to a child under age 18; to a Cuban or Haitian
entrant as defined in Public Law 96-422, section 501(e)(1) or (2)(a); or to a noncitizen
who is aged, blind, or disabled as defined in Code of Federal Regulations, title 42,
sections 435.520, 435.530, 435.531, 435.540, and 435.541, who cooperates with United
States Citizenship and Immigration Services to pursue any applicable immigration status,
including citizenship, that would qualify the individual for medical assistance with federal
financial participation.
new text end

new text begin (3) For purposes of this paragraph, "emergency services" has the meaning given in
Code of Federal Regulations, title 42, section 440.255(b)(1), except that it also means
services rendered because of suspected or actual pesticide poisoning.
new text end

(o) Notwithstanding any other provision of law, a noncitizen who is ineligible for
medical assistance due to the deeming of a sponsor's income and resources, is ineligible
for general assistance medical care.

deleted text begin (p) Effective July 1, 2003, general assistance medical care emergency services end.
deleted text end

Sec. 5.

Minnesota Statutes 2004, section 256J.24, is amended by adding a subdivision
to read:


new text begin Subd. 5b. new text end

new text begin Cost of living increase. new text end

new text begin The commissioner shall provide a onetime ten
percent cost of living increase to the cash portion of the transitional standard. The onetime
increase is effective from July 1, 2006, to June 30, 2007.
new text end

Sec. 6.

Minnesota Statutes 2005 Supplement, section 256L.04, subdivision 1a, is
amended to read:


Subd. 1a.

Social Security number required.

(a) Individuals and families applying
for MinnesotaCare coverage must provide a Social Security number.new text begin The requirement to
provide a Social Security number does not apply to undocumented noncitizens.
new text end

(b) The commissioner shall not deny eligibility to an otherwise eligible applicant
who has applied for a Social Security number and is awaiting issuance of that Social
Security number.

(c) Newborns enrolled under section 256L.05, subdivision 3, are exempt from the
requirements of this subdivision.

(d) Individuals who refuse to provide a Social Security number because of
well-established religious objections are exempt from the requirements of this subdivision.
The term "well-established religious objections" has the meaning given in Code of Federal
Regulations, title 42, section 435.910.

Sec. 7. new text begin MEDICAL ASSISTANCE AND GENERAL ASSISTANCE MEDICAL
CARE CO-PAYMENTS.
new text end

new text begin Notwithstanding Minnesota Statutes, sections 256B.031 and 256D.03, subdivision
4, no co-payments shall be required to be paid on services provided between July 1, 2006,
and June 30, 2007, in the medical assistance and general assistance medical care programs.
new text end

Sec. 8. new text begin SUSPENSION OF MFIP HOUSING AND SSI PENALTIES.
new text end

new text begin The MFIP housing penalty under Minnesota Statutes, section 256J.37, subdivision
3a, and the supplemental security income penalty under Minnesota Statutes, section
256J.37, subdivision 3b, are suspended from July 1, 2006, to June 30, 2008.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Laws 2005, First Special Session chapter 4, article 3, section 19, is repealed.
new text end