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

  

                         Laws of Minnesota 1984 

                        CHAPTER 530-H.F.No. 1920
           An act relating to public welfare; establishing 
          payments for respite care of children who are mentally 
          retarded, have epilepsy, or are emotionally 
          handicapped; establishing a statewide fee schedule for 
          parental cost of care; amending Minnesota Statutes 
          1982, sections 246.511; 252.27, subdivisions 1 and 2; 
          and Minnesota Statutes 1983 Supplement, section 
          256B.14, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 246.511, is 
amended to read: 
    246.511 [RELATIVE RESPONSIBILITY.] 
    In no case, shall a patient's relatives, pursuant to the 
commissioner's authority under section 246.51, be ordered to pay 
more than ten percent of the cost of care, unless they reside 
outside the state.  Parents of children in state hospitals shall 
have their responsibility to pay determined according to section 
252.27, subdivision 2.  The commissioner may accept voluntary 
payments in excess of ten percent.  The commissioner may require 
full payment of the full per capita cost of care in state 
hospitals for patients whose parent, parents, spouse, guardian 
or conservator do not reside in Minnesota.  
    Sec. 2.  Minnesota Statutes 1982, section 252.27, 
subdivision 1, is amended to read: 
    Subdivision 1.  Whenever any child who is mentally 
retarded, epileptic or emotionally handicapped has mental 
retardation, epilepsy, or a physical or emotional handicap is in 
24 hour care outside the home and outside the state institutions 
including respite care, in a facility licensed by the 
commissioner of public welfare, the cost of care shall be paid 
by the county of financial responsibility determined pursuant to 
section 256E.08, subdivision 7.  If the child's parents or 
guardians do not reside in this state, the cost shall be paid by 
the county in which the child is found.  For the purposes of 
this section an "emotionally handicapped child" means any child 
having a psychiatric or other emotional disorder which 
substantially impairs his mental health and who requires 24 hour 
treatment or supervision. 
    Sec. 3.  Minnesota Statutes 1982, section 252.27, 
subdivision 2, is amended to read: 
    Subd. 2.  Responsibility of the parents for the cost of 
care shall be based upon ability to pay.  The county board may 
establish a schedule of fees in accordance with section 256E.08, 
subdivision 6, The state agency shall adopt rules to determine 
responsibility of the parents for the cost of care when:  
    (a) Insurance or other health care benefits pay some but 
not all of the cost of care; and 
    (b) No insurance or other health care benefits are 
available.  
    Parents who have more than one child in out-of-home care 
shall not be required to pay more than the amount for one child 
in out-of-home care.  In no event shall the parents be required 
to pay more than five percent of their income as defined in 
section 290A.03, subdivision 3.  There shall be no resource 
contribution from the parents.  
    Responsibility of the child for the cost of care shall be 
up to the maximum amount of the total income and resources 
attributed to the child except for the clothing and personal 
needs allowance as provided in section 256B.35, subdivision 1.  
Reimbursement by the parents and child shall be made to the 
county making any payments for care and treatment.  The county 
board may require payment of the full cost of caring for 
children whose parents or guardians do not reside in this state. 
    To the extent that a child described in subdivision 1 is 
eligible for benefits under chapters 62A, 62C, 62D, 62E, or 64A, 
the county is not liable for the cost of care.  A parent or 
legal guardian who discontinues payment of health insurance 
premiums, subscriber fees or enrollment fees for a child who is 
otherwise eligible for those benefits is ineligible for payment 
of the cost of care of that child under this section.  
    The commissioner's determination shall be conclusive in any 
action to enforce payment of the cost of care.  Any appeals from 
the commissioner's determination shall be made pursuant to 
section 256.045, subdivisions 2 and 3. 
    Sec. 4.  Minnesota Statutes 1983 Supplement, section 
256B.14, subdivision 2, is amended to read: 
    Subd. 2.  [ACTIONS TO OBTAIN PAYMENT.] The state agency 
shall promulgate rules to determine the ability of responsible 
relatives to contribute partial or complete repayment of medical 
assistance furnished to recipients for whom they are responsible.
In determining the resource contribution of a spouse at the time 
of the first medical assistance application, all medical 
assistance exclusions shall be allowed, and a resource limit of 
$10,000 for nonexcluded resources shall be implemented.  Above 
these limits, a contribution of one-third of the excess 
resources shall be required.  These rules shall not require 
repayment when payment would cause undue hardship to the 
responsible relative or his or her immediate family.  These 
rules shall be consistent with the requirements of section 
252.27, subdivision 2, for parents of children whose eligibility 
for medical assistance was determined without deeming of the 
parents' resources and income.  For parents of children 
receiving services under a federal medical assistance waiver 
while living in their natural home, including in-home family 
support services, respite care, homemaker services, and minor 
adaptations to the home, the state agency shall take into 
account the room, board, and services provided by the parents in 
determining the parental contribution to the cost of care.  The 
county agency shall give the responsible relative notice of the 
amount of the repayment. If the state agency or county agency 
finds that notice of the payment obligation was given to the 
responsible relative, but that the relative failed or refused to 
pay, a cause of action exists against the responsible relative 
for that portion of medical assistance granted after notice was 
given to the responsible relative, which the relative was 
determined to be able to pay.  
    The action may be brought by the state agency or the county 
agency in the county where assistance was granted, for the 
assistance, together with the costs of disbursements incurred 
due to the action.  
    In addition to granting the county or state agency a money 
judgment, the court may, upon a motion or order to show cause, 
order continuing contributions by a responsible relative found 
able to repay the county or state agency.  The order shall be 
effective only for the period of time during which the recipient 
receives medical assistance from the county or state agency. 
    Approved April 25, 1984