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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 422-S.F.No. 1454
           An act relating to public welfare; authorizing the 
          commissioner to enter into interstate adoption 
          compacts; establishing procedures for interstate 
          assistance payments; amending Minnesota Statutes 1983 
          Supplement, section 256B.06, subdivision 1; proposing 
          new law coded in Minnesota Statutes, chapter 259. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
256B.06, subdivision 1, is amended to read: 
    Subdivision 1.  Medical assistance may be paid for any 
person: 
    (1) Who is a child eligible for or receiving adoption 
assistance payments under Title IV-E of the Social Security Act, 
United States Code, title 42, sections 670 to 676 or section 2 
of this act; or 
    (2) Who is a child eligible for or receiving foster care 
maintenance payments under Title IV-E of the Social Security 
Act, United States Code, title 42, sections 670 to 676; or 
    (3) Who is eligible for or receiving public assistance, or 
a woman who is pregnant, as medically verified, and who would be 
eligible for assistance under the aid to families with dependent 
children program if the child had been born and living with the 
woman; or 
    (4) Who meets the categorical eligibility requirements of 
the supplemental security income program and the other 
eligibility requirements of this section; or 
    (5) Who except for the amount of income or resources would 
qualify for supplemental security income for the aged, blind and 
disabled, or aid to families with dependent children and is in 
need of medical assistance; or 
    (6) Who is under 21 years of age and in need of medical 
care that neither he nor his relatives responsible under 
sections 256B.01 to 256B.26 are financially able to provide; or 
    (7) Who is residing in a hospital for treatment of mental 
disease or tuberculosis and is 65 years of age or older and 
without means sufficient to pay the per capita hospital charge; 
and 
      (8) Who resides in Minnesota, or, if absent from the state, 
is deemed to be a resident of Minnesota in accordance with the 
regulations of the state agency; and 
      (9) Who alone, or together with his spouse, does not own 
real property other than the homestead.  For the purposes of 
this section, "homestead" means the house owned and occupied by 
the applicant as his dwelling place, together with the land upon 
which it is situated and an area no greater than two contiguous 
lots in a platted or laid out city or town or 80 contiguous 
acres in unplatted land.  Occupancy or exemption shall be 
determined as provided in chapter 510 and applicable law, 
including continuing exemption by filing notice under section 
510.07.  Real estate not used as a home may not be retained 
unless it produces net income applicable to the family's needs 
or the family is making a continuing effort to sell it at a fair 
and reasonable price or unless sale of the real estate would net 
an insignificant amount of income applicable to the family's 
needs, or unless the commissioner determines that sale of the 
real estate would cause undue hardship; and 
     (10) Who individually does not own more than $3,000 in cash 
or liquid assets, or if a member of a household with two family 
members (husband and wife, or parent and child), does not own 
more than $6,000 in cash or liquid assets, plus $200 for each 
additional legal dependent.  Cash and liquid assets may include 
a prepaid funeral contract and insurance policies with cash 
surrender value.  The value of the following shall not be 
included: 
     (a) the homestead, and (b) one motor vehicle licensed 
pursuant to chapter 168 and defined as:  (1) passenger 
automobile, (2) station wagon, (3) motorcycle, (4) motorized 
bicycle or (5) truck of the weight found in categories A to E, 
of section 168.013, subdivision 1e; and 
     (11) Who has or anticipates receiving an annual income not 
in excess of $2,600 for a single person, or $3,250 for two 
family members (husband and wife, parent and child, or two 
siblings), plus $625 for each additional legal dependent, or who 
has income in excess of these maxima and in the month of 
application, or during the three months prior to the month of 
application, incurs expenses for medical care that total more 
than one-half of the annual excess income in accordance with the 
regulations of the state agency.  In computing income to 
determine eligibility of persons who are not residents of long 
term care facilities, the commissioner shall disregard increases 
in income due solely to increases in federal retiree, 
survivor's, and disability insurance benefits, veterans 
administration benefits, and railroad retirement benefits in the 
percentage amount established in the biennial appropriations law 
unless prohibited by federal law or regulation.  If prohibited, 
the commissioner shall first seek a waiver.  In excess income 
cases, eligibility shall be limited to a period of six months 
beginning with the first of the month in which these medical 
obligations are first incurred; and 
     (12) Who has continuing monthly expenses for medical care 
that are more than the amount of his excess income, computed on 
a monthly basis, in which case eligibility may be established 
before the total income obligation referred to in the preceding 
paragraph is incurred, and medical assistance payments may be 
made to cover the monthly unmet medical need.  In licensed 
nursing home and state hospital cases, income over and above 
that required for justified needs, determined pursuant to a 
schedule of contributions established by the commissioner of 
public welfare, is to be applied to the cost of institutional 
care.  The commissioner of public welfare may establish a 
schedule of contributions to be made by the spouse of a nursing 
home resident to the cost of care and shall seek a waiver from 
federal regulations which establish the amount required to be 
contributed by either spouse when one spouse is a nursing home 
resident; and 
      (13) Who has applied or agrees to apply all proceeds 
received or receivable by him or his spouse from automobile 
accident coverage and private health care coverage to the costs 
of medical care for himself, his spouse, and children.  The 
state agency may require from any applicant or recipient of 
medical assistance the assignment of any rights accruing under 
private health care coverage.  Any rights or amounts so assigned 
shall be applied against the cost of medical care paid for under 
this chapter.  Any assignment shall not be effective as to 
benefits paid or provided under automobile accident coverage and 
private health care coverage prior to receipt of the assignment 
by the person or organization providing the benefits. 
     Sec. 2.  [259.431] [INTERSTATE ADOPTION COMPACTS; SERVICE 
PAYMENTS.] 
     Subdivision 1.  [PURPOSE.] It is the purpose and policy of 
the state of Minnesota to:  
     (a) Enter into interstate agreements with agencies of other 
states for the protection of children for whom the commissioner 
is providing adoption assistance.  
     (b) Provide procedures for interstate assistance payments, 
including medical payments, for eligible children who are 
adopted interstate and for children adopted in Minnesota who 
move to another state.  
     Subd. 2.  [DEFINITIONS.] For the purposes of this section, 
the terms defined in this subdivision shall have the meanings 
given them, unless the context clearly indicates otherwise.  
     (a) "Adoption assistance state" means the state that signs 
an adoption assistance agreement in a particular case.  
     (b) "Commissioner" means the commissioner of public welfare 
of the state of Minnesota.  
     (c) "Resident state" means the state of which the child is 
a resident because of the residence of the adoptive parents.  
     (d) "State" means a state of the United States, the 
District of Columbia, the commonwealth of Puerto Rico, the 
Virgin Islands, Guam, the commonwealth of the Northern Mariana 
Islands, or a territory or possession of the United States.  
     Subd. 3.  [COMPACTS AUTHORIZED.] The commissioner is 
authorized to develop, negotiate and enter into one or more 
interstate compacts on behalf of this state with other states to 
implement the purposes of this act.  When entered into, the 
compact will have the force and effect of law.  
    Subd. 4.  [CONTENTS OF COMPACTS.] A compact entered into 
under this act must include:  
    (a) A provision allowing all states to join the compact;  
     (b) A provision for withdrawal from the compact upon 
written notice to the parties.  The provision must require a 
period of one year between the date of the notice and the 
effective date of the withdrawal;  
     (c) A requirement that the protections afforded under the 
compact continue in force for the duration of the adoption 
assistance from a party state other than the one in which the 
adoptive parents and the child are resident;  
     (d) A requirement that each instance of adoption assistance 
to which the compact applies be covered by an adoption 
assistance agreement in writing between the adoptive parents and 
the state child welfare agency of the state which provides the 
adoption assistance, and that the agreement be expressly for the 
benefit of the adopted child and enforceable by the adoptive 
parents and the state agency providing the adoption assistance; 
and 
     (e) Other provisions necessary and appropriate for the 
proper administration of the compact.  
     A compact entered into under this act may contain 
provisions establishing procedures and entitlements to medical, 
developmental, child care, or other social services for the 
child under state law, even though the child and the adoptive 
parents are in a state other than the one responsible for or 
providing the services or funds to pay part of or all of the 
costs.  
    Subd. 5.  [MEDICAL ASSISTANCE; DUTIES OF THE COMMISSIONER 
OF PUBLIC WELFARE.] The commissioner of public welfare shall:  
    (a) Issue a medical assistance identification card to any 
child with special needs who is a resident in this state and the 
subject of an adoption assistance agreement with another state 
when a certified copy of the adoption assistance agreement 
obtained from the adoption assistance state has been filed with 
the commissioner.  The adoptive parents shall be required at 
least annually to show that the agreement is still in force or 
has been renewed.  
    (b) Consider the holder of a medical assistance 
identification card under this subdivision as any other 
recipient of medical assistance under chapter 256B; process and 
make payment on claims for the recipient in the same manner as 
for other recipients of medical assistance.  
    (c) Provide coverage and benefits for a child who is in 
another state and who is covered by an adoption assistance 
agreement made by the commissioner for the coverage or benefits, 
if any, which is not provided by the resident state.  The 
adoptive parents acting for the child may submit evidence of 
payment for services or benefit amounts not payable in the 
resident state and shall be reimbursed.  However, there shall be 
no reimbursement for services or benefit amounts covered under 
any insurance or other third party medical contract or 
arrangement held by the child or the adoptive parents.  
     (d) Publish temporary and permanent rules implementing this 
subdivision.  Such rules shall include procedures to be followed 
in obtaining prior approvals for services which are required for 
the assistance.  
     Subd. 6.  [PENALTIES FOR FALSE CLAIMS.] Any person who 
submits a claim or makes a statement for payment or 
reimbursement for services or benefits under subdivision 5 which 
the maker or claimant knows or should know to be false, 
misleading, or fraudulent is guilty of perjury.  That person 
shall also be subject to a fine of not more than $3,000 or 
imprisonment for not more than 3 years, or both.  
     Subd. 7.  [FEDERAL PARTICIPATION.] Consistent with federal 
law, the commissioner shall, in connection with the 
administration of this act and any compact under this act, 
include in any state plan made under the Adoption Assistance and 
Child Welfare Act of 1980, Titles IV(e) and XIX of the Social 
Security Act, and any other applicable federal laws, the 
provision of adoption assistance and medical assistance for 
which the federal government pays some or all of the cost.  The 
commissioner shall apply for and administer all relevant aid in 
accordance with state and federal law. 
    Approved April 22, 1984