Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 506-H.F.No. 2132 
           An act relating to human services; authorizing a 
          representative payee for general assistance to drug 
          dependent persons; amending Minnesota Statutes 1986, 
          section 256D.09, by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 256D.09, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [REPRESENTATIVE PAYEE.] Notwithstanding 
subdivision 1, the commissioner shall adopt rules, and may adopt 
emergency rules, governing the assignment of a representative 
payee and management of the general assistance grant of a drug 
dependent person as defined in section 254A.02, subdivision 5.  
The representative payee is responsible for deciding how the 
drug dependent person's benefits can best be used to meet that 
person's needs.  The determination of drug dependency must be 
made by an assessor qualified under Minnesota Rules, part 
9530.6615, subpart 2, to perform an assessment of chemical use.  
Upon receipt of the assessor's determination of drug dependency, 
the county shall determine whether a representative payee will 
be assigned to manage the person's benefits.  The chemical use 
assessment and the county determination are subject to the 
administrative and judicial review provisions of section 
256.045.  If, at the time of application or at any other time, 
there is a reasonable basis for questioning whether a person can 
responsibly manage that person's money due to possible drug 
dependency, the person may be referred for a chemical health 
assessment, and only emergency assistance payments or general 
assistance vendor payments may be provided until the assessment 
is complete.  The assignment to representative payee status must 
be reviewed at least every 12 months.  The county shall 
designate the representative payee after consultation with the 
recipient.  The designation of representative payee is subject 
to the administrative and judicial review provisions of section 
256.045. 
    Approved April 13, 1988