SF 3576

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; classifying 
  1.3             semi-independent living services costs as remedial 
  1.4             care costs; providing group residential housing 
  1.5             payments for certain recipients of semi-independent 
  1.6             living services; amending Minnesota Statutes 1998, 
  1.7             sections 252.275, by adding a subdivision; 256I.03, 
  1.8             subdivision 3; and 256I.04, subdivisions 1 and 2a. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 252.275, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 1b.  [REMEDIAL CARE COSTS.] The amount of 
  1.13  semi-independent living services costs that exceed the medical 
  1.14  assistance room and board rate is considered a remedial care 
  1.15  cost.  A remedial care cost may be used to meet a spenddown 
  1.16  obligation under section 256B.056, subdivision 5.  "Medical 
  1.17  assistance room and board rate" means an amount equal to the 
  1.18  medical assistance income standard for a single individual 
  1.19  living alone in the community less the medical assistance 
  1.20  personal needs allowance under section 256B.35. 
  1.21     Sec. 2.  Minnesota Statutes 1998, section 256I.03, 
  1.22  subdivision 3, is amended to read: 
  1.23     Subd. 3.  [GROUP RESIDENTIAL HOUSING.] "Group residential 
  1.24  housing" means a group living situation that provides at a 
  1.25  minimum room and board to unrelated persons who meet the 
  1.26  eligibility requirements of section 256I.04.  This definition 
  1.27  includes foster care settings for a single adult and settings 
  2.1   that are the primary residence of an individual who receives 
  2.2   semi-independent living services under section 252.275.  To 
  2.3   receive payment for a group residence rate, the residence must 
  2.4   meet the requirements under section 256I.04, subdivision 2a. 
  2.5      Sec. 3.  Minnesota Statutes 1998, section 256I.04, 
  2.6   subdivision 1, is amended to read: 
  2.7      Subdivision 1.  [INDIVIDUAL ELIGIBILITY REQUIREMENTS.] An 
  2.8   individual is eligible for and entitled to a group residential 
  2.9   housing payment to be made on the individual's behalf if the 
  2.10  county agency has approved the individual's residence in a group 
  2.11  residential housing setting and the individual meets the 
  2.12  requirements in paragraph (a) or, (b), or (c).  
  2.13     (a) The individual is aged, blind, or is over 18 years of 
  2.14  age and disabled as determined under the criteria used by the 
  2.15  title II program of the Social Security Act, and meets the 
  2.16  resource restrictions and standards of the supplemental security 
  2.17  income program, and the individual's countable income after 
  2.18  deducting the (1) exclusions and disregards of the SSI program, 
  2.19  (2) the medical assistance personal needs allowance under 
  2.20  section 256B.35, and (3) an amount equal to the income actually 
  2.21  made available to a community spouse by an elderly waiver 
  2.22  recipient under the provisions of sections 256B.0575, paragraph 
  2.23  (a), clause (4), and 256B.058, subdivision 2, is less than the 
  2.24  monthly rate specified in the county agency's agreement with the 
  2.25  provider of group residential housing in which the individual 
  2.26  resides.  
  2.27     (b) The individual meets a category of eligibility under 
  2.28  section 256D.05, subdivision 1, paragraph (a), and the 
  2.29  individual's resources are less than the standards specified by 
  2.30  section 256D.08, and the individual's countable income as 
  2.31  determined under sections 256D.01 to 256D.21, less the medical 
  2.32  assistance personal needs allowance under section 256B.35 is 
  2.33  less than the monthly rate specified in the county agency's 
  2.34  agreement with the provider of group residential housing in 
  2.35  which the individual resides. 
  2.36     (c) The individual receives semi-independent living 
  3.1   services under section 252.275, and the individual's countable 
  3.2   income after deducting the exclusions and disregards of the SSI 
  3.3   program is less than the monthly rental or mortgage costs for 
  3.4   the individual's primary residence.  An individual who qualifies 
  3.5   for group residential housing payments under this section shall 
  3.6   be considered the group residential housing services provider, 
  3.7   for purposes of this chapter, if the individual is the owner of 
  3.8   the residence in which semi-independent living services are 
  3.9   provided. 
  3.10     Sec. 4.  Minnesota Statutes 1998, section 256I.04, 
  3.11  subdivision 2a, is amended to read: 
  3.12     Subd. 2a.  [LICENSE REQUIRED.] A county agency may not 
  3.13  enter into an agreement with an establishment to provide group 
  3.14  residential housing unless:  
  3.15     (1) the establishment is licensed by the department of 
  3.16  health as a hotel and restaurant; a board and lodging 
  3.17  establishment; a residential care home; a boarding care home 
  3.18  before March 1, 1985; or a supervised living facility, and the 
  3.19  service provider for residents of the facility is licensed under 
  3.20  chapter 245A.  However, an establishment licensed by the 
  3.21  department of health to provide lodging need not also be 
  3.22  licensed to provide board if meals are being supplied to 
  3.23  residents under a contract with a food vendor who is licensed by 
  3.24  the department of health; 
  3.25     (2) the residence is licensed by the commissioner of human 
  3.26  services under Minnesota Rules, parts 9555.5050 to 9555.6265, or 
  3.27  certified by a county human services agency prior to July 1, 
  3.28  1992, using the standards under Minnesota Rules, parts 9555.5050 
  3.29  to 9555.6265; or 
  3.30     (3) the establishment is registered under chapter 144D and 
  3.31  provides three meals a day; or 
  3.32     (4) the establishment is the primary residence of an 
  3.33  individual who receives semi-independent living services under 
  3.34  section 252.275. 
  3.35     The requirements under clauses (1), (2), and (3) do not 
  3.36  apply to establishments exempt from state licensure because they 
  4.1   are located on Indian reservations and subject to tribal health 
  4.2   and safety requirements.