Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 406-S.F.No. 2117 
           An act relating to human services; modifying 
          requirements for earned income savings accounts for 
          residents of residential facilities; requiring the 
          signature of a representative of the residential 
          facility before money may be withdrawn; amending 
          Minnesota Statutes 1991 Supplement, section 256D.06, 
          subdivision 1b. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1991 Supplement, section 
256D.06, subdivision 1b, is amended to read: 
    Subd. 1b.  [EARNED INCOME SAVINGS ACCOUNT.] In addition to 
the $50 disregard required under subdivision 1, the county 
agency shall disregard an additional earned income up to a 
maximum of $150 per month for:  (1) persons residing in 
facilities licensed under Minnesota Rules, parts 9520.0500 to 
9520.0690 and 9530.2500 to 9530.4000, and for whom discharge and 
work are part of a treatment plan; (2) persons living in 
supervised apartments with services funded under Minnesota 
Rules, parts 9535.0100 to 9535.1600, and for whom discharge and 
work are part of a treatment plan; and (3) persons residing in a 
negotiated rate residence, as that term is defined in section 
256I.03, subdivision 3, for whom the county agency has approved 
a discharge plan which includes work.  The additional amount 
disregarded must be placed in a separate savings account by the 
eligible individual, to be used upon discharge from the 
residential facility into the community.  For individuals 
residing in a chemical dependency program licensed under 
Minnesota Rules, part 9530.4100, subpart 22, item D, withdrawals 
from the savings account require the signature of the individual 
and for those individuals with an authorized representative 
payee, the signature of the payee.  A maximum of $1,000, 
including interest, of the money in the savings account must be 
excluded from the resource limits established by section 
256D.08, subdivision 1, clause (1). Amounts in that account in 
excess of $1,000 must be applied to the resident's cost of 
care.  If excluded money is removed from the savings account by 
the eligible individual at any time before the individual is 
discharged from the facility into the community, the money is 
income to the individual in the month of receipt and a resource 
in subsequent months.  If an eligible individual moves from a 
community facility to an inpatient hospital setting, the 
separate savings account is an excluded asset for up to 18 
months.  During that time, amounts that accumulate in excess of 
the $1,000 savings limit must be applied to the patient's cost 
of care.  If the patient continues to be hospitalized at the 
conclusion of the 18-month period, the entire account must be 
applied to the patient's cost of care. 
    Presented to the governor April 3, 1992 
    Signed by the governor April 7, 1992, 9:14 a.m.