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Minnesota Legislature

Office of the Revisor of Statutes

SF 975

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 03:01pm

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

Current Version - as introduced

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A bill for an act
relating to human services; reforming welfare provisions; imposing asset limits;
requiring probation officers to provide a list of probationers who test positive for
illegal substances to welfare fraud division; modifying EBT card requirements;
amending Minnesota Statutes 2018, sections 256.987, subdivisions 1, 2; 256B.056,
subdivisions 1a, 3, 3c, 7a; 256D.024, subdivision 3; 256D.0515; 256D.0516,
subdivision 2; 256J.26, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapters 256D; 256J.

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

Section 1.

Minnesota Statutes 2018, section 256.987, subdivision 1, is amended to read:


Subdivision 1.

Electronic benefit transfer (EBT) card.

Cash benefits for the general
assistance and Minnesota supplemental aid programs under chapter 256D and programs
under chapter 256J must be issued on an EBT card deleted text beginwithdeleted text endnew text begin.new text end The name new text beginand photograph new text endof the
head of household new text beginand a list of family members authorized to use the EBT card must be
new text end printed on the card. new text beginThe cardholder must show identification before making a purchase.
new text end The card must include the following statement: "It is unlawful to use this card to purchase
tobacco products or alcoholic beverages." This card must be issued within 30 calendar days
of an eligibility determination. During the initial 30 calendar days of eligibility, a recipient
may have cash benefits issued on an EBT card without a name printed on the card. This
card may be the same card on which food support benefits are issued and does not need to
meet the requirements of this section.

Sec. 2.

Minnesota Statutes 2018, section 256.987, subdivision 2, is amended to read:


Subd. 2.

Prohibited purchasesnew text begin and returnsnew text end.

new text begin(a) new text endAn individual with an EBT card issued
for one of the programs listed under subdivision 1 is prohibited from using the EBT debit
card to purchase tobacco products and alcoholic beverages, as defined in section 340A.101,
subdivision 2
. Any prohibited purchases made under this subdivision shall constitute unlawful
use and result in disqualification of the cardholder from the program as provided in
subdivision 4.

new text begin (b) An item purchased with an EBT card that is returned must be credited back to the
EBT card. It is prohibited to give the EBT cardholder cash for returned items purchased
with an EBT card.
new text end

Sec. 3.

Minnesota Statutes 2018, section 256B.056, subdivision 1a, is amended to read:


Subd. 1a.

Income and assets generally.

(a)(1) Unless specifically required by state law
or rule or federal law or regulation, the methodologies used in counting income and assets
to determine eligibility for medical assistance for persons whose eligibility category is based
on blindness, disability, or age of 65 or more years, the methodologies for the Supplemental
Security Income program shall be used, except as provided under subdivision 3, deleted text beginparagraph
(a),
deleted text end clause (6).

(2) Increases in benefits under title II of the Social Security Act shall not be counted as
income for purposes of this subdivision until July 1 of each year. Effective upon federal
approval, for children eligible under section 256B.055, subdivision 12, or for home and
community-based waiver services whose eligibility for medical assistance is determined
without regard to parental income, child support payments, including any payments made
by an obligor in satisfaction of or in addition to a temporary or permanent order for child
support, and Social Security payments are not counted as income.

(b)(1) The modified adjusted gross income methodology as defined in the Affordable
Care Act shall be used for eligibility categories based on:

(i) children under age 19 and their parents and relative caretakers as defined in section
256B.055, subdivision 3a;

(ii) children ages 19 to 20 as defined in section 256B.055, subdivision 16;

(iii) pregnant women as defined in section 256B.055, subdivision 6;

(iv) infants as defined in sections 256B.055, subdivision 10, and 256B.057, subdivision
8; and

(v) adults without children as defined in section 256B.055, subdivision 15.

For these purposes, a "methodology" does not include an asset or income standard, or
accounting method, or method of determining effective dates.

(2) For individuals whose income eligibility is determined using the modified adjusted
gross income methodology in clause (1), the commissioner shall subtract from the individual's
modified adjusted gross income an amount equivalent to five percent of the federal poverty
guidelines.

Sec. 4.

Minnesota Statutes 2018, section 256B.056, subdivision 3, is amended to read:


Subd. 3.

Asset limitations for deleted text begincertaindeleted text end individualsnew text begin and familiesnew text end.

deleted text begin(a)deleted text end To be eligible for
medical assistance, a person must not individually own more than $3,000 in assets, or if a
member of a household with two family members, husband and wife, or parent and child,
the household must not own more than $6,000 in assets, plus $200 for each additional legal
dependent. In addition to these maximum amounts, an eligible individual or family may
accrue interest on these amounts, but they must be reduced to the maximum at the time of
an eligibility redetermination. The accumulation of the clothing and personal needs allowance
according to section 256B.35 must also be reduced to the maximum at the time of the
eligibility redetermination. The value of assets that are not considered in determining
eligibility for medical assistance is the value of those assets excluded under the Supplemental
Security Income program for aged, blind, and disabled persons, with the following
exceptions:

(1) household goods and personal effects are not considered;

(2) capital and operating assets of a trade or business that the local agency determines
are necessary to the person's ability to earn an income are not considered;

(3) motor vehicles are excluded to the same extent excluded by the Supplemental Security
Income program;

(4) assets designated as burial expenses are excluded to the same extent excluded by the
Supplemental Security Income program. Burial expenses funded by annuity contracts or
life insurance policies must irrevocably designate the individual's estate as contingent
beneficiary to the extent proceeds are not used for payment of selected burial expenses;

(5) for a person who no longer qualifies as an employed person with a disability due to
loss of earnings, assets allowed while eligible for medical assistance under section 256B.057,
subdivision 9
, are not considered for 12 months, beginning with the first month of ineligibility
as an employed person with a disability, to the extent that the person's total assets remain
within the allowed limits of section 256B.057, subdivision 9, paragraph (d);

(6) when a person enrolled in medical assistance under section 256B.057, subdivision
9
, is age 65 or older and has been enrolled during each of the 24 consecutive months before
the person's 65th birthday, the assets owned by the person and the person's spouse must be
disregarded, up to the limits of section 256B.057, subdivision 9, paragraph (d), when
determining eligibility for medical assistance under section 256B.055, subdivision 7. The
income of a spouse of a person enrolled in medical assistance under section 256B.057,
subdivision 9
, during each of the 24 consecutive months before the person's 65th birthday
must be disregarded when determining eligibility for medical assistance under section
256B.055, subdivision 7. Persons eligible under this clause are not subject to the provisions
in section 256B.059; and

(7) effective July 1, 2009, certain assets owned by American Indians are excluded as
required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
Law 111-5. For purposes of this clause, an American Indian is any person who meets the
definition of Indian according to Code of Federal Regulations, title 42, section 447.50.

deleted text begin (b) No asset limit shall apply to persons eligible under section 256B.055, subdivision
15.
deleted text end

Sec. 5.

Minnesota Statutes 2018, section 256B.056, subdivision 3c, is amended to read:


Subd. 3c.

Asset limitations for families and children.

deleted text begin(a)deleted text end A household of two or more
persons must not own more than $20,000 in total net assets, and a household of one person
must not own more than $10,000 in total net assets. In addition to these maximum amounts,
an eligible individual or family may accrue interest on these amounts, but they must be
reduced to the maximum at the time of an eligibility redetermination. The value of assets
that are not considered in determining eligibility for medical assistance for families and
children is the value of those assets excluded under the AFDC state plan as of July 16, 1996,
as required by the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (PRWORA), Public Law 104-193, with the following exceptions:

(1) household goods and personal effects are not considered;

(2) capital and operating assets of a trade or business up to $200,000 are not considered;

(3) one motor vehicle is excluded for each person of legal driving age who is employed
or seeking employment;

(4) assets designated as burial expenses are excluded to the same extent they are excluded
by the Supplemental Security Income program;

(5) court-ordered settlements up to $10,000 are not considered;

(6) individual retirement accounts and funds are not considered;

(7) assets owned by children are not considered; and

(8) effective July 1, 2009, certain assets owned by American Indians are excluded as
required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
Law 111-5. For purposes of this clause, an American Indian is any person who meets the
definition of Indian according to Code of Federal Regulations, title 42, section 447.50.

deleted text begin (b) Beginning January 1, 2014, this subdivision applies only to parents and caretaker
relatives who qualify for medical assistance under subdivision 5.
deleted text end

Sec. 6.

Minnesota Statutes 2018, section 256B.056, subdivision 7a, is amended to read:


Subd. 7a.

Periodic renewal of eligibility.

(a) The commissioner shall make an annual
redetermination of eligibility deleted text beginbased on information contained in the enrollee's case file and
other information available to the agency, including but not limited to information accessed
through an electronic database, without requiring the enrollee to submit any information
when sufficient data is available for the agency to renew eligibility
deleted text end.

(b) deleted text beginIf the commissioner cannot renew eligibility in accordance with paragraph (a),deleted text end The
commissioner must provide the enrollee with a prepopulated renewal form containing
eligibility information available to the agency and deleted text beginpermitdeleted text end the enrollee deleted text begintodeleted text endnew text begin mustnew text end submit the
form with any corrections or additional information to the agency and sign the renewal form
via any of the modes of submission specified in section 256B.04, subdivision 18.

(c) An enrollee who is terminated for failure to complete the renewal process may
subsequently submit the renewal form and required information within four months after
the date of termination and have coverage reinstated without a lapse, if otherwise eligible
under this chapter.

(d) Notwithstanding paragraph (a), individuals eligible under subdivision 5 shall be
required to renew eligibility every six months.

Sec. 7.

Minnesota Statutes 2018, section 256D.024, subdivision 3, is amended to read:


Subd. 3.

Fleeing deleted text beginfelonsdeleted text endnew text begin offendersnew text end.

An individual who is fleeing to avoid prosecution,
or custody, or confinement after conviction for a crime deleted text beginthat is a felonydeleted text end under the laws of
the jurisdiction from which the individual fleesdeleted text begin, or in the case of New Jersey, is a high
misdemeanor,
deleted text end is ineligible to receive benefits under this chapter.

Sec. 8.

new text begin [256D.0245] DRUG TESTING INFORMATION FROM PROBATION
OFFICERS.
new text end

new text begin The local probation agency shall provide on a weekly basis to the local social services
agency, specifically the welfare fraud division, a list of probationers who tested positive
for an illegal controlled substance, for purposes of section 256D.024.
new text end

Sec. 9.

Minnesota Statutes 2018, section 256D.0515, is amended to read:


256D.0515 ASSET LIMITATIONS FOR FOOD STAMP HOUSEHOLDS.

All food stamp households must be determined eligible for the benefit discussed under
section 256.029. Food stamp households must demonstrate thatnew text begin: (1)new text end their gross income is
equal to or less than 165 percent of the federal poverty guidelines for the same family sizenew text begin;
and (2) they have financial resources, excluding vehicles, of less than $7,000
new text end.

Sec. 10.

Minnesota Statutes 2018, section 256D.0516, subdivision 2, is amended to read:


Subd. 2.

Food support reporting requirements.

The commissioner of human services
shall implement simplified reporting as permitted under the Food Stamp Act of 1977, as
amended, and the food stamp regulations in Code of Federal Regulations, title 7, part 273.
Food support recipient households new text beginare new text endrequired to report deleted text beginperiodically shall not be required
to report more often than one time
deleted text end every six monthsnew text begin, and must report any changes in income,
assets, or employment that affects eligibility within ten days of the date the change occurs
new text end.
This provision shall not apply to households receiving food benefits under the Minnesota
family investment program waiver.

Sec. 11.

Minnesota Statutes 2018, section 256J.26, subdivision 3, is amended to read:


Subd. 3.

Fleeing deleted text beginfelonsdeleted text endnew text begin offendersnew text end.

An individual who is fleeing to avoid prosecution,
or custody, or confinement after conviction for a crime deleted text beginthat is a felonydeleted text end under the laws of
the jurisdiction from which the individual fleesdeleted text begin, or in the case of New Jersey, is a high
misdemeanor,
deleted text end is disqualified from receiving MFIP.

Sec. 12.

new text begin [256J.265] DRUG TESTING INFORMATION FROM PROBATION
OFFICERS.
new text end

new text begin The local probation agency shall provide on a weekly basis to the local social services
agency, specifically the welfare fraud division, a list of probationers who tested positive
for an illegal controlled substance, for purposes of section 256J.26.
new text end

Sec. 13. new text beginFEDERAL WAIVER.
new text end

new text begin The commissioner of human services shall seek all necessary federal waivers to
implement the reinstatement of asset limits for families with children and single adults
without children, and the removal of the self-attestation when establishing eligibility for
medical assistance.
new text end