SF 761

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 11/09/2021 01:29pm

A bill for an act
relating to human services; amending public assistance provisions by making
permanent certain temporary modifications made in response to the COVID-19
pandemic; permitting county agencies to obtain information by phone or written
communication to complete MFIP household report forms; amending Minnesota
Statutes 2020, sections 256J.08, subdivision 21; 256J.09, subdivision 3; 256J.30,
subdivision 8; 256J.45, subdivision 1; 256J.95, subdivision 5.

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

Section 1.

Minnesota Statutes 2020, section 256J.08, subdivision 21, is amended to read:

Subd. 21.

Date of application.

"Date of application" means the date on which the county
agency receives an applicant's deleted text begin signed deleted text end application new text begin as a signed written application, an
application submitted by telephone, or an application submitted through Internet telepresence new text end .

Sec. 2.

Minnesota Statutes 2020, section 256J.09, subdivision 3, is amended to read:

Subd. 3.

Submitting application form.

(a) A county agency must offer, in person or
by mail, the application forms prescribed by the commissioner as soon as a person makes
a written or oral inquiry. At that time, the county agency must:

(1) inform the person that assistance begins deleted text begin with deleted text end new text begin on new text end the date new text begin that new text end the deleted text begin signed deleted text end application
is received by the county agency new text begin either as a signed written application; an application
submitted by telephone; or an application submitted through Internet telepresence; new text end or new text begin on
new text end the date new text begin that new text end all eligibility criteria are met, whichever is later;

new text begin (2) inform a person that the person may submit the application by telephone or through
Internet telepresence;
new text end

new text begin (3) inform a person that when the person submits the application by telephone or through
Internet telepresence, the county agency must receive a signed written application within
30 days of the date that the person submitted the application by telephone or through Internet
telepresence;
new text end

deleted text begin (2) deleted text end new text begin (4) new text end inform the person that any delay in submitting the application will reduce the
amount of assistance paid for the month of application;

deleted text begin (3) deleted text end new text begin (5) new text end inform a person that the person may submit the application before an interview;

deleted text begin (4) deleted text end new text begin (6) new text end explain the information that will be verified during the application process by
the county agency as provided in section 256J.32;

deleted text begin (5) deleted text end new text begin (7) new text end inform a person about the county agency's average application processing time
and explain how the application will be processed under subdivision 5;

deleted text begin (6) deleted text end new text begin (8) new text end explain how to contact the county agency if a person's application information
changes and how to withdraw the application;

deleted text begin (7) deleted text end new text begin (9) new text end inform a person that the next step in the application process is an interview and
what a person must do if the application is approved including, but not limited to, attending
orientation under section 256J.45 and complying with employment and training services
requirements in sections 256J.515 to 256J.57;

deleted text begin (8) deleted text end new text begin (10) new text end inform the person that deleted text begin the deleted text end new text begin an new text end interview must be conducted new text begin . The interview may
be conducted new text end face-to-face in the county office new text begin or at a location mutually agreed upon new text end , through
Internet telepresence, or deleted text begin at a location mutually agreed upon deleted text end new text begin by telephone new text end ;

deleted text begin (9) inform a person who has received MFIP or DWP in the past 12 months of the option
to have a face-to-face, Internet telepresence, or telephone interview;
deleted text end

deleted text begin (10) deleted text end new text begin (11) new text end explain the child care and transportation services that are available under
paragraph (c) to enable caregivers to attend the interview, screening, and orientation; and

deleted text begin (11) deleted text end new text begin (12) new text end identify any language barriers and arrange for translation assistance during
appointments, including, but not limited to, screening under subdivision 3a, orientation
under section 256J.45, and assessment under section 256J.521.

(b) Upon receipt of a signed application, the county agency must stamp the date of receipt
on the face of the application. The county agency must process the application within the
time period required under subdivision 5. An applicant may withdraw the application at
any time by giving written or oral notice to the county agency. The county agency must
issue a written notice confirming the withdrawal. The notice must inform the applicant of
the county agency's understanding that the applicant has withdrawn the application and no
longer wants to pursue it. When, within ten days of the date of the agency's notice, an
applicant informs a county agency, in writing, that the applicant does not wish to withdraw
the application, the county agency must reinstate the application and finish processing the
application.

(c) Upon a participant's request, the county agency must arrange for transportation and
child care or reimburse the participant for transportation and child care expenses necessary
to enable participants to attend the screening under subdivision 3a and orientation under
section 256J.45.

Sec. 3.

Minnesota Statutes 2020, section 256J.30, subdivision 8, is amended to read:

Subd. 8.

Late MFIP household report forms.

(a) Paragraphs (b) to (e) apply to the
reporting requirements in subdivision 7.

(b) When the county agency receives an incomplete MFIP household report form, the
county agency must immediately deleted text begin return the incomplete form and clearly state what the
caregiver must do for the form to be complete deleted text end new text begin contact the caregiver by phone or in writing
to acquire the necessary information to complete the form new text end .

(c) The automated eligibility system must send a notice of proposed termination of
assistance to the assistance unit if a complete MFIP household report form is not received
by a county agency. The automated notice must be mailed to the caregiver by approximately
the 16th of the month. When a caregiver submits an incomplete form on or after the date a
notice of proposed termination has been sent, the termination is valid unless the caregiver
submits a complete form before the end of the month.

(d) An assistance unit required to submit an MFIP household report form is considered
to have continued its application for assistance if a complete MFIP household report form
is received within a calendar month after the month in which the form was due and assistance
shall be paid for the period beginning with the first day of that calendar month.

(e) A county agency must allow good cause exemptions from the reporting requirements
under subdivision 5 when any of the following factors cause a caregiver to fail to provide
the county agency with a completed MFIP household report form before the end of the
month in which the form is due:

(1) an employer delays completion of employment verification;

(2) a county agency does not help a caregiver complete the MFIP household report form
when the caregiver asks for help;

(3) a caregiver does not receive an MFIP household report form due to mistake on the
part of the department or the county agency or due to a reported change in address;

(4) a caregiver is ill, or physically or mentally incapacitated; or

(5) some other circumstance occurs that a caregiver could not avoid with reasonable
care which prevents the caregiver from providing a completed MFIP household report form
before the end of the month in which the form is due.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2021.
new text end

Sec. 4.

Minnesota Statutes 2020, section 256J.45, subdivision 1, is amended to read:

Subdivision 1.

County agency to provide orientation.

A county agency must provide
deleted text begin a face-to-face deleted text end new text begin an new text end orientation to each MFIP caregiver unless the caregiver is:

(1) a single parent, or one parent in a two-parent family, employed at least 35 hours per
week; or

(2) a second parent in a two-parent family who is employed for 20 or more hours per
week provided the first parent is employed at least 35 hours per week.

The county agency must inform caregivers who are not exempt under clause (1) or (2) that
failure to attend the orientation is considered an occurrence of noncompliance with program
requirements, and will result in the imposition of a sanction under section 256J.46. If the
client complies with the orientation requirement prior to the first day of the month in which
the grant reduction is proposed to occur, the orientation sanction shall be lifted.

Sec. 5.

Minnesota Statutes 2020, section 256J.95, subdivision 5, is amended to read:

Subd. 5.

Submitting application form.

The eligibility date for the diversionary work
program begins deleted text begin with deleted text end new text begin on new text end the date new text begin that new text end the deleted text begin signed deleted text end combined application form (CAF) is received
by the county agency new text begin either as a signed written application; an application submitted by
telephone; or an application submitted through Internet telepresence; new text end or new text begin on new text end the date new text begin that
new text end diversionary work program eligibility criteria are met, whichever is later. new text begin The county agency
must inform an applicant that when the applicant submits the application by telephone or
through Internet telepresence, the county agency must receive a signed written application
within 30 days of the date that the applicant submitted the application by telephone or
through Internet telepresence. new text end The county agency must inform the applicant that any delay
in submitting the application will reduce the benefits paid for the month of application. The
county agency must inform a person that an application may be submitted before the person
has an interview appointment. Upon receipt of a signed application, the county agency must
stamp the date of receipt on the face of the application. The applicant may withdraw the
application at any time prior to approval by giving written or oral notice to the county
agency. The county agency must follow the notice requirements in section 256J.09,
subdivision 3, when issuing a notice confirming the withdrawal.