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Minnesota Legislature

Office of the Revisor of Statutes

SF 3585

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

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; providing support for individuals who are shelter
needy; appropriating money; amending Minnesota Statutes 2006, section
256D.44, subdivisions 2, 5.

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

Section 1.

Minnesota Statutes 2006, section 256D.44, subdivision 2, is amended to
read:


Subd. 2.

Standard of assistance for persons eligible for medical assistance
waivers or at risk of placement in a group residential housing facility.

The state
standard of assistance for a person whonew text begin: (1)new text end is eligible for a medical assistance home and
community-based services waiver deleted text beginor a person whodeleted text endnew text begin; (2)new text end has been determined by the local
agency to meet the plan requirements for placement in a group residential housing facility
under section 256I.04, subdivision 1adeleted text begin,deleted text endnew text begin; or (3) is eligible for a shelter needy payment
under subdivision 5, paragraph (f),
new text end is the standard established in subdivision 3, paragraph
(a) or (b).

Sec. 2.

Minnesota Statutes 2006, section 256D.44, subdivision 5, is amended to read:


Subd. 5.

Special needs.

In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.

(a) The county agency shall pay a monthly allowance for medically prescribed
diets if the cost of those additional dietary needs cannot be met through some other
maintenance benefit. The need for special diets or dietary items must be prescribed by
a licensed physician. Costs for special diets shall be determined as percentages of the
allotment for a one-person household under the thrifty food plan as defined by the United
States Department of Agriculture. The types of diets and the percentages of the thrifty
food plan that are covered are as follows:

(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;

(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
of thrifty food plan;

(3) controlled protein diet, less than 40 grams and requires special products, 125
percent of thrifty food plan;

(4) low cholesterol diet, 25 percent of thrifty food plan;

(5) high residue diet, 20 percent of thrifty food plan;

(6) pregnancy and lactation diet, 35 percent of thrifty food plan;

(7) gluten-free diet, 25 percent of thrifty food plan;

(8) lactose-free diet, 25 percent of thrifty food plan;

(9) antidumping diet, 15 percent of thrifty food plan;

(10) hypoglycemic diet, 15 percent of thrifty food plan; or

(11) ketogenic diet, 25 percent of thrifty food plan.

(b) Payment for nonrecurring special needs must be allowed for necessary home
repairs or necessary repairs or replacement of household furniture and appliances using
the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
as long as other funding sources are not available.

(c) A fee for guardian or conservator service is allowed at a reasonable rate
negotiated by the county or approved by the court. This rate shall not exceed five percent
of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
guardian or conservator is a member of the county agency staff, no fee is allowed.

(d) The county agency shall continue to pay a monthly allowance of $68 for
restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
1990, and who eats two or more meals in a restaurant daily. The allowance must continue
until the person has not received Minnesota supplemental aid for one full calendar month
or until the person's living arrangement changes and the person no longer meets the criteria
for the restaurant meal allowance, whichever occurs first.

(e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
is allowed for representative payee services provided by an agency that meets the
requirements under SSI regulations to charge a fee for representative payee services. This
special need is available to all recipients of Minnesota supplemental aid regardless of
their living arrangement.

(f) Notwithstanding the language in this subdivision, an amount equal to the
maximum allotment authorized by the federal Food Stamp Program for a single individual
which is in effect on the first day of deleted text beginJanuarydeleted text endnew text begin Julynew text end of deleted text beginthe previousdeleted text endnew text begin eachnew text end year will be added to
the standards of assistance established in subdivisions 1 to 4 for deleted text beginindividualsdeleted text endnew text begin adultsnew text end under
the age of 65 who new text beginqualify as shelter needy and new text endarenew text begin: (1)new text end relocating from an institution, or
an adult mental health residential treatment program under section 256B.0622deleted text begin, and who
are shelter needy
deleted text endnew text begin; (2) self-directed supports option participants defined under section
256B.0657; or (3) home and community-based waiver recipients living in their own
rented, leased, or owned apartment or home not owned, operated, or controlled by a
provider of service not related by blood or marriage. Notwithstanding subdivision 3,
paragraph (c), an individual eligible for the shelter needy benefit under this paragraph is
considered a household of one
new text end. An eligible individual who receives this benefit prior to
age 65 may continue to receive the benefit after the age of 65.

new text begin (g)(1) Persons eligible for shelter needy funding under paragraph (f), who are not
receiving medial assistance home and community-based waiver services, are eligible for
a state-funded transitional supports allowance under section 256B.49, subdivision 16,
paragraph (e), to establish their own residence not owned, operated, or controlled by a
provider of service not related by blood or marriage.
new text end

new text begin (2) new text end"Shelter needy" means that the assistance unit incurs monthly shelter costs that
exceed 40 percent of the assistance unit's gross income before the application of this
special needs standard. "Gross income" for the purposes of this section is the applicant's or
recipient's income as defined in section 256D.35, subdivision 10, or the standard specified
in subdivision 3, new text beginparagraph (a) or (b),new text end whichever is greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
considered shelter needy for purposes of this paragraph.

Sec. 3. new text beginAPPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2009 from the general fund to the commissioner
of human services for the purposes of sections 1 and 2.
new text end