SF 1205

as introduced - 90th Legislature (2017 - 2018) Posted on 02/21/2017 09:00am

A bill for an act
relating to human services; modifying eligibility for group residential housing;
amending Minnesota Statutes 2016, sections 256I.04, subdivision 1; 256I.06,
subdivision 8.

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

Section 1.

Minnesota Statutes 2016, section 256I.04, subdivision 1, is amended to read:

Subdivision 1.

Individual eligibility requirements.

An individual is eligible for and
entitled to a group residential housing payment to be made on the individual's behalf if the
agency has approved the individual's residence in a group residential housing setting and
the individual meets the requirements in paragraph (a) deleted text begin or deleted text end new text begin , new text end (b) new text begin , or (c) new text end .

(a) The individual is aged, blind, or is over 18 years of age and disabled as determined
under the criteria used by the title II program of the Social Security Act, and meets the
resource restrictions and standards of section 256P.02, and the individual's countable income
after deducting the (1) exclusions and disregards of the SSI program, (2) the medical
assistance personal needs allowance under section 256B.35, and (3) an amount equal to the
income actually made available to a community spouse by an elderly waiver participant
under the provisions of sections 256B.0575, paragraph (a), clause (4), and 256B.058,
subdivision 2, is less than the monthly rate specified in the agency's agreement with the
provider of group residential housing in which the individual resides.

(b) The individual meets a category of eligibility under section 256D.05, subdivision 1,
paragraph (a), clauses (1), (3), (5) to (9), and (14), and paragraph (b), if applicable, and the
individual's resources are less than the standards specified by section 256P.02, and the
individual's countable income as determined under section 256P.06, less the medical
assistance personal needs allowance under section 256B.35 is less than the monthly rate
specified in the agency's agreement with the provider of group residential housing in which
the individual resides.

new text begin (c) The individual receives licensed residential crisis stabilization services under section
256B.0624, subdivision 7, and is receiving medical assistance. The individual may receive
concurrent group residential housing payments if receiving licensed residential crisis
stabilization services under section 256B.0624, subdivision 7.
new text end

Sec. 2.

Minnesota Statutes 2016, section 256I.06, subdivision 8, is amended to read:

Subd. 8.

Amount of group residential housing payment.

(a) The amount of a group
residential housing payment to be made on behalf of an eligible individual is determined
by subtracting the individual's countable income under section 256I.04, subdivision 1, for
a whole calendar month from the group residential housing charge for that same month.
The group residential housing charge is determined by multiplying the group residential
housing rate times the period of time the individual was a resident or temporarily absent
under section 256I.05, subdivision 1c, paragraph (d).

(b) For an individual with earned income under paragraph (a), prospective budgeting
must be used to determine the amount of the individual's payment for the following six-month
period. An increase in income shall not affect an individual's eligibility or payment amount
until the month following the reporting month. A decrease in income shall be effective the
first day of the month after the month in which the decrease is reported.

new text begin (c) For an individual who receives licensed residential crisis stabilization services under
section 256B.0624, subdivision 7, the amount of group residential housing payment is
determined by multiplying the group residential housing rate times the period of time the
individual was a resident.
new text end