SF 5317

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/10/2024 09:06am

A bill for an act
relating to human services; eliminating TEFRA parental contributions; making
conforming changes; amending Minnesota Statutes 2022, sections 245.821,
subdivision 1; 245.825, subdivision 1; 246.511, as amended; 252.27, subdivision
2b; 252.282, subdivision 1, by adding a subdivision; 256B.02, subdivision 11;
256B.0924, subdivision 3; 256B.77, subdivision 7a; 447.42, subdivision 1;
Minnesota Statutes 2023 Supplement, sections 13.46, subdivision 2, as amended;
270B.14, subdivision 1; repealing Minnesota Statutes 2022, sections 252.021;
252.27, subdivisions 1a, 2, 3, 4a, 5, 6; Minnesota Statutes 2023 Supplement, section
252.27, subdivision 2a.

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

ARTICLE 1

ELIMINATING PARENTAL FEES

Section 1.

Minnesota Statutes 2022, section 252.27, subdivision 2b, is amended to read:

Subd. 2b.

deleted text begin Child's responsibility deleted text end new text begin Parental or guardian reimbursement to counties new text end .

new text begin (a)
Parental or guardian new text end responsibility deleted text begin of deleted text end new text begin for new text end the deleted text begin child for the deleted text end new text begin child's new text end cost of care new text begin incurred by
counties new text end shall be up to the maximum amount of the total income and resources attributed
to the child except for the clothing and personal needs allowance as provided in section
256B.35, subdivision 1. Reimbursement by the parents deleted text begin and child deleted text end new text begin or guardians residing
outside of Minnesota new text end shall be made to the county making any payments for services. The
county board may require payment of the full cost of caring for children whose parents or
guardians do not reside in this state.

new text begin (b) new text end To the extent that a child described in subdivision 1 is eligible for benefits under
chapter 62A, 62C, 62D, 62E, or 64B, the county is not liable for the cost of services.

Sec. 2. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 252.27, subdivisions 1a, 2, 3, 4a, 5, and 6, new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2023 Supplement, section 252.27, subdivision 2a, new text end new text begin is repealed.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2023 Supplement, section 13.46, subdivision 2, as amended
by Laws 2024, chapter 80, article 8, section 2, is amended to read:

Subd. 2.

General.

(a) Data on individuals collected, maintained, used, or disseminated
by the welfare system are private data on individuals, and shall not be disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to the
administration of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to an
individual or family across programs; coordinate services for an individual or family;
evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to deleted text begin assess parental contribution amounts for purposes
of section 252.27, subdivision 2a, deleted text end administer and evaluate tax refund or tax credit programs
and to identify individuals who may benefit from these programs, and prepare the databases
for reports required under section 270C.13 and Laws 2008, chapter 366, article 17, section
6. The following information may be disclosed under this paragraph: an individual's and
their dependent's names, dates of birth, Social Security or individual taxpayer identification
numbers, income, addresses, and other data as required, upon request by the Department
of Revenue. Disclosures by the commissioner of revenue to the commissioner of human
services for the purposes described in this clause are governed by section 270B.14,
subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent
care credit under section 290.067, the Minnesota working family credit under section
290.0671, the property tax refund under section 290A.04, and the Minnesota education
credit under section 290.0674;

(9) between the Department of Human Services; the Department of Employment and
Economic Development; the Department of Children, Youth, and Families; and, when
applicable, the Department of Education, for the following purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child care
assistance program by exchanging data on recipients and former recipients of Supplemental
Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, medical programs under chapter
256B or 256L; and

(iv) to analyze public assistance employment services and program utilization, cost,
effectiveness, and outcomes as implemented under the authority established in Title II,
Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
Health records governed by sections 144.291 to 144.298 and "protected health information"
as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
of Federal Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the individual or other individuals
or persons;

(11) data maintained by residential programs as defined in section 245A.02 may be
disclosed to the protection and advocacy system established in this state according to Part
C of Public Law 98-527 to protect the legal and human rights of persons with developmental
disabilities or other related conditions who live in residential facilities for these persons if
the protection and advocacy system receives a complaint by or on behalf of that person and
the person does not have a legal guardian or the state or a designee of the state is the legal
guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be
disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security or individual taxpayer identification numbers and names
collected by the telephone assistance program may be disclosed to the Department of
Revenue to conduct an electronic data match with the property tax refund database to
determine eligibility under section 237.70, subdivision 4a;

(15) the current address of a Minnesota family investment program participant may be
disclosed to law enforcement officers who provide the name of the participant and notify
the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law enforcement
officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from a SNAP applicant or recipient households may be
disclosed to local, state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food and Nutrition Act, according
to Code of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security or individual taxpayer identification number, and, if
available, photograph of any member of a household receiving SNAP benefits shall be made
available, on request, to a local, state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal law;
or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official duty;

(19) the current address of a recipient of Minnesota family investment program, general
assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a person required
to register under section 243.166, but is not residing at the address at which the recipient is
registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on the
distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the income
of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7;

(23) to the Department of Education for the purpose of matching Department of Education
student data with public assistance data to determine students eligible for free and
reduced-price meals, meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
funds that are distributed based on income of the student's family; and to verify receipt of
energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this state,
including the attorney general, and agencies of other states, interstate information networks,
federal agencies, and other entities as required by federal regulation or law for the
administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 256.741, for access
to the child support system database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by exchanging
data between the Departments of Human Services; Children, Youth, and Families; and
Education, on recipients and former recipients of SNAP benefits, cash assistance under
chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, medical
programs under chapter 256B or 256L, or a medical program formerly codified under chapter
256D;

(28) to evaluate child support program performance and to identify and prevent fraud
in the child support program by exchanging data between the Department of Human Services;
Department of Children, Youth, and Families; Department of Revenue under section 270B.14,
subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph
(c); Department of Health; Department of Employment and Economic Development; and
other state agencies as is reasonably necessary to perform these functions;

(29) counties and the Department of Children, Youth, and Families operating child care
assistance programs under chapter 119B may disseminate data on program participants,
applicants, and providers to the commissioner of education;

(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law;

(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services;

(32) to the chief administrative officer of a school to coordinate services for a student
and family; data that may be disclosed under this clause are limited to name, date of birth,
gender, and address;

(33) to county correctional agencies to the extent necessary to coordinate services and
diversion programs; data that may be disclosed under this clause are limited to name, client
demographics, program, case status, and county worker information; or

(34) between the Department of Human Services and the Metropolitan Council for the
following purposes:

(i) to coordinate special transportation service provided under section 473.386 with
services for people with disabilities and elderly individuals funded by or through the
Department of Human Services; and

(ii) to provide for reimbursement of special transportation service provided under section
473.386.

The data that may be shared under this clause are limited to the individual's first, last, and
middle names; date of birth; residential address; and program eligibility status with expiration
date for the purposes of informing the other party of program eligibility.

(b) Information on persons who have been treated for substance use disorder may only
be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
(17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 7, clause (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).

For the purposes of this subdivision, a request will be deemed to be made in writing if
made through a computer interface system.

Sec. 2.

Minnesota Statutes 2022, section 245.821, subdivision 1, is amended to read:

Subdivision 1.

Notice required.

Notwithstanding any law to the contrary, no private or
public facility for the treatment, housing, or counseling of more than five persons with
mental illness, physical disability, developmental disability, deleted text begin as defined in section 252.27,
subdivision 1a, deleted text end substance use disorder, or another form of dependency, nor any correctional
facility for more than five persons, shall be established without 30 days' written notice to
the affected municipality or other political subdivision.

Sec. 3.

Minnesota Statutes 2022, section 245.825, subdivision 1, is amended to read:

Subdivision 1.

Rules governing aversive and deprivation procedures.

The
commissioner of human services shall by October, 1983, promulgate rules governing the
use of aversive and deprivation procedures in all licensed facilities and licensed services
serving persons with developmental disabilities deleted text begin , as defined in section 252.27, subdivision
1a deleted text end . No provision of these rules shall encourage or require the use of aversive and deprivation
procedures. The rules shall prohibit: (1) the application of certain aversive and deprivation
procedures in facilities except as authorized and monitored by the commissioner; (2) the
use of aversive and deprivation procedures that restrict the consumers' normal access to
nutritious diet, drinking water, adequate ventilation, necessary medical care, ordinary hygiene
facilities, normal sleeping conditions, and necessary clothing; and (3) the use of faradic
shock without a court order. The rule shall further specify that consumers may not be denied
ordinary access to legal counsel and next of kin. In addition, the rule may specify other
prohibited practices and the specific conditions under which permitted practices are to be
carried out. For any persons receiving faradic shock, a plan to reduce and eliminate the use
of faradic shock shall be in effect upon implementation of the procedure.

Sec. 4.

Minnesota Statutes 2022, section 246.511, as amended by Laws 2024, chapter 79,
article 2, section 39, is amended to read:

246.511 RELATIVE RESPONSIBILITY.

Except for substance use disorder services paid for with money provided under chapter
254B, the executive board must not require under section 246.51 a client's relatives to pay
more than the following: (1) for services provided in a community-based service, the
noncovered cost of care as determined under the ability to pay determination; and (2) for
services provided at a regional treatment center operated by state-operated services, 20
percent of the cost of care, unless the relatives reside outside the state. The executive board
must determine the responsibility of parents of children in state facilities to pay according
to deleted text begin section 252.27, subdivision 2, or in deleted text end rules adopted under chapter 254B if the cost of care
is paid under chapter 254B. The executive board may accept voluntary payments in excess
of 20 percent. The executive board may require full payment of the full per capita cost of
care in state facilities for clients whose parent, parents, spouse, guardian, or conservator do
not reside in Minnesota.

Sec. 5.

Minnesota Statutes 2022, section 252.282, subdivision 1, is amended to read:

Subdivision 1.

Host county responsibility.

deleted text begin (a) For purposes of this section, "local system
needs planning" means the determination of need for ICF/DD services by program type,
location, demographics, and size of licensed services for persons with developmental
disabilities or related conditions.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end This section does not apply to semi-independent living services and
residential-based habilitation services funded as home and community-based services.

deleted text begin (c) deleted text end new text begin (b) new text end In collaboration with the commissioner and ICF/DD providers, counties shall
complete a local system needs planning process for each ICF/DD facility. Counties shall
evaluate the preferences and needs of persons with developmental disabilities to determine
resource demands through a systematic assessment and planning process by May 15, 2000,
and by July 1 every two years thereafter beginning in 2001.

deleted text begin (d) deleted text end new text begin (c) new text end A local system needs planning process shall be undertaken more frequently when
the needs or preferences of consumers change significantly to require reformation of the
resources available to persons with developmental disabilities.

deleted text begin (e) deleted text end new text begin (d) new text end A local system needs plan shall be amended anytime recommendations for
modifications to existing ICF/DD services are made to the host county, including
recommendations for:

(1) closure;

(2) relocation of services;

(3) downsizing; or

(4) modification of existing services for which a change in the framework of service
delivery is advocated.

Sec. 6.

Minnesota Statutes 2022, section 252.282, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision have
the meanings given.
new text end

new text begin (b) "Local system needs planning" means the determination of need for ICF/DD services
by program type, location, demographics, and size of licensed services for persons with
developmental disabilities or related conditions.
new text end

new text begin (c) "Related condition" has the meaning given in section 256B.02, subdivision 11.
new text end

Sec. 7.

Minnesota Statutes 2022, section 256B.02, subdivision 11, is amended to read:

Subd. 11.

Related condition.

"Related condition" means deleted text begin that condition defined in section
252.27, subdivision 1a deleted text end new text begin a condition:
new text end

new text begin (1) that is found to be closely related to a developmental disability, including but not
limited to cerebral palsy, epilepsy, autism, fetal alcohol spectrum disorder, and Prader-Willi
syndrome; and
new text end

new text begin (2) that meets all of the following criteria:
new text end

new text begin (i) is severe and chronic;
new text end

new text begin (ii) results in impairment of general intellectual functioning or adaptive behavior similar
to that of persons with developmental disabilities;
new text end

new text begin (iii) requires treatment or services similar to those required for persons with
developmental disabilities;
new text end

new text begin (iv) is manifested before the person reaches 22 years of age;
new text end

new text begin (v) is likely to continue indefinitely;
new text end

new text begin (vi) results in substantial functional limitations in three or more of the following areas
of major life activity:
new text end

new text begin (A) self-care;
new text end

new text begin (B) understanding and use of language;
new text end

new text begin (C) learning;
new text end

new text begin (D) mobility;
new text end

new text begin (E) self-direction; or
new text end

new text begin (F) capacity for independent living; and
new text end

new text begin (vii) is not attributable to mental illness as defined in section 245.462, subdivision 20,
or an emotional disturbance as defined in section 245.4871, subdivision 15. For purposes
of this item, notwithstanding section 245.462, subdivision 20, or 245.4871, subdivision 15,
"mental illness" does not include autism or other pervasive developmental disorders new text end .

Sec. 8.

Minnesota Statutes 2022, section 256B.0924, subdivision 3, is amended to read:

Subd. 3.

Eligibility.

Persons are eligible to receive targeted case management services
under this section if the requirements in paragraphs (a) and (b) are met.

(a) The person must be assessed and determined by the local county agency to:

(1) be age 18 or older;

(2) be receiving medical assistance;

(3) have significant functional limitations; and

(4) be in need of service coordination to attain or maintain living in an integrated
community setting.

(b) The person must be a vulnerable adult in need of adult protection as defined in section
626.5572, or is an adult with a developmental disability as defined in section 252A.02,
subdivision 2, or a related condition as defined in section deleted text begin 252.27, subdivision 1a deleted text end new text begin 256B.02,
subdivision 11 new text end , and is not receiving home and community-based waiver services, or is an
adult who lacks a permanent residence and who has been without a permanent residence
for at least one year or on at least four occasions in the last three years.

Sec. 9.

Minnesota Statutes 2022, section 256B.77, subdivision 7a, is amended to read:

Subd. 7a.

Eligible individuals.

(a) Persons are eligible for the demonstration project as
provided in this subdivision.

(b) "Eligible individuals" means those persons living in the demonstration site who are
eligible for medical assistance and are disabled based on a disability determination under
section 256B.055, subdivisions 7 and 12, or who are eligible for medical assistance and
have been diagnosed as having:

(1) serious and persistent mental illness as defined in section 245.462, subdivision 20;

(2) severe emotional disturbance as defined in section 245.4871, subdivision 6; or

(3) developmental disability, or being a person with a developmental disability as defined
in section 252A.02, or a related condition as defined in section deleted text begin 252.27, subdivision 1a deleted text end new text begin
256B.02, subdivision 11 new text end .

Other individuals may be included at the option of the county authority based on agreement
with the commissioner.

(c) Eligible individuals include individuals in excluded time status, as defined in chapter
256G. Enrollees in excluded time at the time of enrollment shall remain in excluded time
status as long as they live in the demonstration site and shall be eligible for 90 days after
placement outside the demonstration site if they move to excluded time status in a county
within Minnesota other than their county of financial responsibility.

(d) A person who is a sexual psychopathic personality as defined in section 253D.02,
subdivision 15, or a sexually dangerous person as defined in section 253D.02, subdivision
16, is excluded from enrollment in the demonstration project.

Sec. 10.

Minnesota Statutes 2023 Supplement, section 270B.14, subdivision 1, is amended
to read:

Subdivision 1.

Disclosure to commissioner of human services.

(a) On the request of
the commissioner of human services, the commissioner shall disclose return information
regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to the
extent provided in paragraph (b) and for the purposes set forth in paragraph (c).

(b) Data that may be disclosed are limited to data relating to the identity, whereabouts,
employment, income, and property of a person owing or alleged to be owing an obligation
of child support.

(c) The commissioner of human services may request data only for the purposes of
carrying out the child support enforcement program and to assist in the location of parents
who have, or appear to have, deserted their children. Data received may be used only as set
forth in section 256.978.

(d) The commissioner shall provide the records and information necessary to administer
the supplemental housing allowance to the commissioner of human services.

(e) At the request of the commissioner of human services, the commissioner of revenue
shall electronically match the Social Security or individual taxpayer identification numbers
and names of participants in the telephone assistance plan operated under sections 237.69
to 237.71, with those of property tax refund filers under chapter 290A or renter's credit filers
under section 290.0693, and determine whether each participant's household income is
within the eligibility standards for the telephone assistance plan.

(f) The commissioner may provide records and information collected under sections
295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid
Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law
102-234. Upon the written agreement by the United States Department of Health and Human
Services to maintain the confidentiality of the data, the commissioner may provide records
and information collected under sections 295.50 to 295.59 to the Centers for Medicare and
Medicaid Services section of the United States Department of Health and Human Services
for purposes of meeting federal reporting requirements.

(g) The commissioner may provide records and information to the commissioner of
human services as necessary to administer the early refund of refundable tax credits.

(h) The commissioner may disclose information to the commissioner of human services
as necessary for income verification for eligibility and premium payment under the
MinnesotaCare program, under section 256L.05, subdivision 2, as well as the medical
assistance program under chapter 256B.

(i) The commissioner may disclose information to the commissioner of human services
necessary to verify whether applicants or recipients for the Minnesota family investment
program, general assistance, the Supplemental Nutrition Assistance Program (SNAP),
Minnesota supplemental aid program, and child care assistance have claimed refundable
tax credits under chapter 290 and the property tax refund under chapter 290A, and the
amounts of the credits.

deleted text begin (j) The commissioner may disclose information to the commissioner of human services
necessary to verify income for purposes of calculating parental contribution amounts under
section 252.27, subdivision 2a.
deleted text end

deleted text begin (k) deleted text end new text begin (j) new text end At the request of the commissioner of human services and when authorized in
writing by the taxpayer, the commissioner of revenue may match the business legal name
or individual legal name, and the Minnesota tax identification number, federal Employer
Identification Number, or Social Security number of the applicant under section 245A.04,
subdivision 1; 245I.20; or 245H.03; or license or certification holder. The commissioner of
revenue may share the matching with the commissioner of human services. The matching
may only be used by the commissioner of human services to determine eligibility for provider
grant programs and to facilitate the regulatory oversight of license and certification holders
as it relates to ownership and public funds program integrity. This paragraph applies only
if the commissioner of human services and the commissioner of revenue enter into an
interagency agreement for the purposes of this paragraph.

Sec. 11.

Minnesota Statutes 2022, section 447.42, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

Notwithstanding any provision of Minnesota Statutes
to the contrary, any city, county, town, or nonprofit corporation approved by the
commissioner of human services, or any combination of them may establish and operate a
community residential facility for persons with developmental disabilities or related
conditions, as defined in section deleted text begin 252.27, subdivision 1a deleted text end new text begin 256B.02, subdivision 11 new text end .

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 252.021, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-08013

252.021 DEFINITION.

For the purposes of this chapter, the term "related condition" has the meaning given in section 252.27, subdivision 1a.

252.27 CHILDREN'S SERVICES; PARENTAL CONTRIBUTION.

Subd. 1a.

Definitions.

A "related condition" is a condition: (1) that is found to be closely related to a developmental disability, including, but not limited to, cerebral palsy, epilepsy, autism, fetal alcohol spectrum disorder, and Prader-Willi syndrome; and (2) that meets all of the following criteria:

(i) is severe and chronic;

(ii) results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with developmental disabilities;

(iii) requires treatment or services similar to those required for persons with developmental disabilities;

(iv) is manifested before the person reaches 22 years of age;

(v) is likely to continue indefinitely;

(vi) results in substantial functional limitations in three or more of the following areas of major life activity: (A) self-care, (B) understanding and use of language, (C) learning, (D) mobility, (E) self-direction, or (F) capacity for independent living; and

(vii) is not attributable to mental illness as defined in section 245.462, subdivision 20, or an emotional disturbance as defined in section 245.4871, subdivision 15.

For purposes of item (vii), notwithstanding section 245.462, subdivision 20, or 245.4871, subdivision 15, "mental illness" does not include autism or other pervasive developmental disorders.

Subd. 2.

Parental responsibility.

Responsibility of the parents for the cost of services shall be based upon ability to pay. The state agency shall adopt rules to determine responsibility of the parents for the cost of services when:

(1) insurance or other health care benefits pay some but not all of the cost of services; and

(2) no insurance or other health care benefits are available.

Subd. 2a.

Contribution amount.

(a) The natural or adoptive parents of a minor child, not including a child determined eligible for medical assistance without consideration of parental income under the Tax Equity and Fiscal Responsibility Act (TEFRA) option or a child accessing home and community-based waiver services, must contribute to the cost of services used by making monthly payments on a sliding scale based on income, unless the child is married or has been married, parental rights have been terminated, or the child's adoption is subsidized according to chapter 259A or through title IV-E of the Social Security Act. The parental contribution is a partial or full payment for medical services provided for diagnostic, therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care services as defined in United States Code, title 26, section 213, needed by the child with a chronic illness or disability.

(b) For households with adjusted gross income equal to or greater than 275 percent of federal poverty guidelines, the parental contribution shall be computed by applying the following schedule of rates to the adjusted gross income of the natural or adoptive parents:

(1) if the adjusted gross income is equal to or greater than 275 percent of federal poverty guidelines and less than or equal to 545 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 1.65 percent of adjusted gross income at 275 percent of federal poverty guidelines and increases to 4.5 percent of adjusted gross income for those with adjusted gross income up to 545 percent of federal poverty guidelines;

(2) if the adjusted gross income is greater than 545 percent of federal poverty guidelines and less than 675 percent of federal poverty guidelines, the parental contribution shall be 4.5 percent of adjusted gross income;

(3) if the adjusted gross income is equal to or greater than 675 percent of federal poverty guidelines and less than 975 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 4.5 percent of adjusted gross income at 675 percent of federal poverty guidelines and increases to 5.99 percent of adjusted gross income for those with adjusted gross income up to 975 percent of federal poverty guidelines; and

(4) if the adjusted gross income is equal to or greater than 975 percent of federal poverty guidelines, the parental contribution shall be 7.49 percent of adjusted gross income.

If the child lives with the parent, the annual adjusted gross income is reduced by $2,400 prior to calculating the parental contribution. If the child resides in an institution specified in section 256B.35, the parent is responsible for the personal needs allowance specified under that section in addition to the parental contribution determined under this section. The parental contribution is reduced by any amount required to be paid directly to the child pursuant to a court order, but only if actually paid.

(c) The household size to be used in determining the amount of contribution under paragraph (b) includes natural and adoptive parents and their dependents, including the child receiving services. Adjustments in the contribution amount due to annual changes in the federal poverty guidelines shall be implemented on the first day of July following publication of the changes.

(d) For purposes of paragraph (b), "income" means the adjusted gross income of the natural or adoptive parents determined according to the previous year's federal tax form, except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds have been used to purchase a home shall not be counted as income.

(e) The contribution shall be explained in writing to the parents at the time eligibility for services is being determined. The contribution shall be made on a monthly basis effective with the first month in which the child receives services. Annually upon redetermination or at termination of eligibility, if the contribution exceeded the cost of services provided, the local agency or the state shall reimburse that excess amount to the parents, either by direct reimbursement if the parent is no longer required to pay a contribution, or by a reduction in or waiver of parental fees until the excess amount is exhausted. All reimbursements must include a notice that the amount reimbursed may be taxable income if the parent paid for the parent's fees through an employer's health care flexible spending account under the Internal Revenue Code, section 125, and that the parent is responsible for paying the taxes owed on the amount reimbursed.

(f) The monthly contribution amount must be reviewed at least every 12 months; when there is a change in household size; and when there is a loss of or gain in income from one month to another in excess of ten percent. The local agency shall mail a written notice 30 days in advance of the effective date of a change in the contribution amount. A decrease in the contribution amount is effective in the month that the parent verifies a reduction in income or change in household size.

(g) Parents of a minor child who do not live with each other shall each pay the contribution required under paragraph (a). An amount equal to the annual court-ordered child support payment actually paid on behalf of the child receiving services shall be deducted from the adjusted gross income of the parent making the payment prior to calculating the parental contribution under paragraph (b).

(h) The contribution under paragraph (b) shall be increased by an additional five percent if the local agency determines that insurance coverage is available but not obtained for the child. For purposes of this section, "available" means the insurance is a benefit of employment for a family member at an annual cost of no more than five percent of the family's annual income. For purposes of this section, "insurance" means health and accident insurance coverage, enrollment in a nonprofit health service plan, health maintenance organization, self-insured plan, or preferred provider organization.

Parents who have more than one child receiving services shall not be required to pay more than the amount for the child with the highest expenditures. There shall be no resource contribution from the parents. The parent shall not be required to pay a contribution in excess of the cost of the services provided to the child, not counting payments made to school districts for education-related services. Notice of an increase in fee payment must be given at least 30 days before the increased fee is due.

(i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if, in the 12 months prior to July 1:

(1) the parent applied for insurance for the child;

(2) the insurer denied insurance;

(3) the parents submitted a complaint or appeal, in writing to the insurer, submitted a complaint or appeal, in writing, to the commissioner of health or the commissioner of commerce, or litigated the complaint or appeal; and

(4) as a result of the dispute, the insurer reversed its decision and granted insurance.

For purposes of this section, "insurance" has the meaning given in paragraph (h).

A parent who has requested a reduction in the contribution amount under this paragraph shall submit proof in the form and manner prescribed by the commissioner or county agency, including but not limited to the insurer's denial of insurance, the written letter or complaint of the parents, court documents, and the written response of the insurer approving insurance. The determinations of the commissioner or county agency under this paragraph are not rules subject to chapter 14.

Subd. 3.

Civil actions.

If the parent fails to make appropriate reimbursement as required in subdivisions 2a and 2b, the attorney general, at the request of the commissioner, may institute or direct the appropriate county attorney to institute civil action to recover the required reimbursement.

Subd. 4a.

Order of payment.

If the parental contribution is for reimbursement for the cost of services to both the local agency and the medical assistance program, the local agency shall be reimbursed for its expenses first and the remainder must be deposited in the medical assistance account.

Subd. 5.

Determination; redetermination; notice.

A determination order and notice of parental fee shall be mailed to the parent at least annually, or more frequently as provided in Minnesota Rules, parts 9550.6220 to 9550.6229. The determination order and notice shall contain the following information:

(1) the amount the parent is required to contribute;

(2) notice of the right to a redetermination and appeal; and

(3) the telephone number of the division at the Department of Human Services that is responsible for redeterminations.

Subd. 6.

Appeals.

A parent may appeal the determination or redetermination of an obligation to make a contribution under this section, according to section 256.045. The parent must make a request for a hearing in writing within 30 days of the date the determination or redetermination order is mailed, or within 90 days of such written notice if the parent shows good cause why the request was not submitted within the 30-day time limit. The commissioner must provide the parent with a written notice that acknowledges receipt of the request and notifies the parent of the date of the hearing. While the appeal is pending, the parent has the rights regarding making payment that are provided in Minnesota Rules, part 9550.6235. If the commissioner's determination or redetermination is affirmed, the parent shall, within 90 calendar days after the date an order is issued under section 256.045, subdivision 5, pay the total amount due from the effective date of the notice of determination or redetermination that was appealed by the parent. If the commissioner's order under this subdivision results in a decrease in the parental fee amount, any payments made by the parent that result in an overpayment shall be credited to the parent as provided in Minnesota Rules, part 9550.6235, subpart 3.