Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 151--H.F.No. 490
           An act relating to public welfare; setting standards 
          for determining the county of financial responsibility 
          for purposes of medical assistance, community social 
          services, and supplemental aid; amending Minnesota 
          Statutes 1982, sections 256B.02, subdivisions 2 and 3; 
          256D.37, by adding a subdivision; and 256E.08, 
          subdivision 7.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 256B.02, 
subdivision 2, is amended to read:  
    Subd. 2.  "Excluded time" means any period of time an 
applicant spends in a hospital, sanatorium, nursing home, 
boarding home, shelter, halfway house, foster home, 
semi-independent living domicile, residential facility offering 
care, board and lodging facility offering 24-hour care or 
supervision of mentally ill, mentally retarded, or physically 
disabled persons, or other institution for the hospitalization 
or care of human beings, as defined in sections 144.50 or, 
144A.01, or 245.782, subdivision 6. 
    Sec. 2.  Minnesota Statutes 1982, section 256B.02, 
subdivision 3, is amended to read:  
    Subd. 3.  "County of financial responsibility" means:  
     (a) for an applicant who resides in the state and is not in 
a facility described in subdivision 2, the county in which he or 
she resides at the time of application;  
     (b) for an applicant who resides in a facility described in 
subdivision 2, the county in which he or she resided immediately 
before entering the facility; and 
     (c) for an applicant who has not resided in this state for 
any time other than the excluded time, the county in which the 
applicant resides at the time of making application.  
     Notwithstanding clauses (a) to (c), the county of financial 
responsibility for medical assistance recipients is the same 
county as that from which a recipient is receiving a maintenance 
grant or money payment under the program of aid to families with 
dependent children.  There can be a redetermination of the 
county of financial responsibility for former recipients of the 
medical assistance program who have been ineligible for at least 
one month, so long as that redetermination is in accord with the 
provisions of this subdivision.  
    Sec. 3.  Minnesota Statutes 1982, section 256D.37, is 
amended by adding a subdivision to read:  
    Subd. 3.  In determining the county of financial 
responsibility for supplemental aid under this section, the 
county of financial responsibility shall be the same as 
prescribed in Minnesota Statutes, section 256B.02, subdivision 3.
    Sec. 4.  Minnesota Statutes 1982, section 256E.08, 
subdivision 7, is amended to read:  
    Subd. 7.  [COUNTY OF FINANCIAL RESPONSIBILITY.] (a) Except 
for detoxification services as described in paragraphs (b) and 
(c), the county responsible for payment for community social 
services is the county in which the recipient of services 
resides at the time of application if the applicant is not in a 
facility described in section 256B.02, subdivision 2, or has 
never resided in this state other than in such a facility.  If 
the applicant is in a facility described in section 256B.02 and 
has previously resided in this state without being in such a 
facility, then the county of financial responsiblity is the 
county in which he or she resided immediately before entering 
the facility.  The county of financial responsibility does not 
change as a result of referral or approval of referral for 
services to another county by the county of financial 
responsibility.  Minors are considered as residing in the county 
in which their parents or guardians reside.  When a minor 
reaches the age of 18, the county of financial responsibility is 
the county in which the minor resides.  If a person continues in 
residential care or treatment after reaching the age of 18, the 
county which initiated the treatment is the county of financial 
responsibility.  When there is a dispute as to the county of 
financial responsibility, the county providing or arranging for 
services shall pay for them pending final determination of the 
county of residence.  Disputes concerning the county of 
financial responsibility shall be settled in the manner 
prescribed in section 256D.18, subdivision 4.  When the county 
board providing the care or service is not the county of the 
minor's legal residence, it has a claim for recovery of costs 
upon the county where the minor has residence.  
     (b) The county of financial responsibility for 
detoxification services is the county where the client is when 
the need for services is identified.  
     (c) The county of financial responsibility for social 
services for a person receiving aid to families with dependent 
children, general assistance, or medical assistance is the 
county from which that person is receiving the aid or assistance.
    Approved May 17, 1983