Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 178-H.F.No. 5
An act relating to health and human services;
authorizing welfare reform; childhood immunization;
social services programs; recovery of funds;
requesting federal waivers for programs; employment,
education, and training programs; allocation and use
of funds; coverage of health services; child support;
data collection and disclosure; tax credits;
appropriating money; amending Minnesota Statutes 1994,
sections 13.46, subdivision 2; 256.01, by adding
subdivisions; 256.035, subdivision 6d; 256.73,
subdivision 8, and by adding subdivisions; 256.736,
subdivisions 3a, 4a, 5, 10, 10a, 14, 16, and by adding
a subdivision; 256.737, subdivisions 1a, 2, and by
adding a subdivision; 256.74, by adding a subdivision;
256.81; 256.979, by adding a subdivision; 256.983,
subdivision 1; 256B.0625, subdivision 13; 256D.01,
subdivision 1a; 256D.03, subdivision 4; 256D.05,
subdivisions 1 and 6; 256D.051, subdivisions 1, 1a, 2,
3, 3a, 3b, 6, 6b, 8, 9, 17, and by adding a
subdivision; 256D.052, subdivision 3; and 256D.09,
subdivision 2a, and by adding subdivisions; proposing
coding for new law in Minnesota Statutes, chapters
256; and 256D; repealing Minnesota Statutes 1994,
sections 256.734; 256D.051, subdivisions 10, 13, 14,
and 15; 256D.052, subdivisions 1, 2, and 4; 256D.091;
256D.101; 256D.111; and 256D.113.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
WELFARE REFORM TASK FORCE
Section 1. [LEGISLATIVE TASK FORCE TO GUIDE WELFARE
REFORM.]
Subdivision 1. [MEMBERSHIP.] The speaker of the house and
the senate majority leader shall appoint at least five members
from each body to constitute a legislative task force to guide
welfare reform. At least two of the members appointed from each
body shall be from the minority party. The task force shall be
jointly chaired by a member of the senate and a member of the
house of representatives. Members shall be appointed before
June 1, 1995, and shall convene as soon as possible during the
1995 interim at the call of the chairs.
Subd. 2. [DUTIES.] Members shall examine options for
welfare reform in the program of Aid to Families with Dependent
Children, with a view to designing an integrated, comprehensive
statewide program for presentation to the legislature during the
1996 session. Members shall design a program which encourages
family self-sufficiency and promotes work and which is
coordinated and integrated with the Minnesota STRIDE program,
the MFIP program, the targeted jobs program developed under
section 268.905, and any changes enacted by the Congress during
the 1995 session. Members shall also review the temporary
county assistance program authorized by Minnesota Statutes,
section 256D.23, and make recommendations on that program to the
1996 legislature.
The departments of human services and economic security
shall assist the task force by providing information as
requested. The task force shall seek input from a wide variety
of groups, including state agencies, the governor's office,
county agencies, advocacy groups including representatives of
non-English-speaking constituencies, welfare recipients, and
local and national experts. The task force shall be assisted as
necessary by legislative staff.
Subd. 3. [REPORT.] The task force shall present a report
containing its recommendations on the temporary county
assistance program and its proposal for comprehensive welfare
reform, with draft legislation, to the legislature by February
1, 1996. The report shall specify federal waivers needed and
set timelines for implementation.
ARTICLE 2
WELFARE REFORM
Section 1. Minnesota Statutes 1994, section 256.01, is
amended by adding a subdivision to read:
Subd. 4a. [TECHNICAL ASSISTANCE FOR IMMUNIZATION
REMINDERS.] The state agency shall provide appropriate technical
assistance to county agencies to develop methods to have county
financial workers remind and encourage recipients of aid to
families with dependent children, the Minnesota family
investment plan, medical assistance, family general assistance,
or food stamps whose assistance unit includes at least one child
under the age of five to have each young child immunized against
childhood diseases. The state agency must examine the
feasibility of utilizing the capacity of a statewide computer
system to assist county agency financial workers in performing
this function at appropriate intervals.
Sec. 2. Minnesota Statutes 1994, section 256.01, is
amended by adding a subdivision to read:
Subd. 13. [PILOT PROJECT; PROTOCOLS FOR PERSONS LACKING
PROFICIENCY IN ENGLISH.] The commissioner of human services
shall establish pilot projects in Hennepin and Ramsey counties
to provide language assistance to clients applying for or
receiving aid through the county social service agency. The
projects shall be designed to provide translation, in the five
foreign languages that are most common to applicants and
recipients in the pilot counties, to individuals lacking
proficiency in English, who are applying for or receiving
assistance under any program supervised by the commissioner of
human services. As part of the project, the commissioner shall
ensure that the Combined Application Form (CAF) is available in
these five languages. The projects shall also provide language
assistance to individuals applying for or receiving aid under
programs which the department of human services operates jointly
with other executive branch agencies, including all work and
training programs operated under chapters 256 and 256D. The
purpose of the pilot projects is to ensure that information
regarding a program is presented in translation to applicants
for and recipients of assistance who lack proficiency in
English. In preparing the protocols to be used in the pilot
programs, the commissioner shall seek input from the following
groups: advocacy organizations that represent non-English
speaking clients, county social service agencies, legal advocacy
groups, employment and training providers, and other affected
groups. The commissioner shall develop the protocols by October
1, 1995, and shall implement them as soon as feasible in the
pilot counties. The commissioner shall report to the
legislature by February 1, 1996, on the protocols developed, on
the status of their implementation in the pilot counties, and
shall include recommendations for statewide implementation.
Sec. 3. Minnesota Statutes 1994, section 256.73, is
amended by adding a subdivision to read:
Subd. 3b. [ELIGIBILITY NOT BARRED BY WORKING OVER 99
HOURS; PAST EMPLOYMENT HISTORY; 30-DAY WAITING PERIOD.] An
individual receiving assistance may work over 99 hours per month
and remain eligible for assistance, provided all other
requirements of the aid to families with dependent
children-unemployed parent program are met. The applicant is
not required to demonstrate past employment history or 30 days
of prior unemployment to be eligible for AFDC-unemployed
parent. This subdivision is effective upon federal approval and
implementation of the waiver under section 46, subdivision 4.
Sec. 4. Minnesota Statutes 1994, section 256.73, is
amended by adding a subdivision to read:
Subd. 5a. [PARENTING OR PREGNANT MINORS; RESTRICTION ON
ASSISTANCE WITH FEDERAL EXCEPTIONS.] (a) The definitions in this
paragraph only apply to this subdivision.
(1) "Minor parent" means an individual who:
(i) is under the age of 18;
(ii) has never been married or otherwise legally
emancipated; and
(iii) is either the natural parent of a dependent child
living in the same household or eligible for assistance paid to
a pregnant woman under subdivision 5.
(2) "Household of a parent, legal guardian, or other adult
relative" means the place of residence of:
(i) a natural or adoptive parent;
(ii) a legal guardian pursuant to appointment or acceptance
under section 260.242, 525.615, or 525.6165, and related laws;
or
(iii) another individual who is age 18 or over and related
to the minor parent as specified in Code of Federal Regulations,
title 45, section 233.90(c)(1)(v), provided that the residence
is maintained as a home for the minor parent and child under
Code of Federal Regulations, title 45, section
233.90(c)(1)(v)(B).
(3) "Adult-supervised supportive living arrangement" means
a private family setting which assumes responsibility for the
care and control of the minor parent and dependent child, or
other living arrangement, not including a public institution,
licensed by the commissioner of human services which ensures
that the minor parent receives adult supervision and supportive
services, such as counseling, guidance, independent living
skills training, or supervision.
(b) A minor parent and the dependent child who is in the
care of the minor parent must reside in the household of a
parent, legal guardian, or other adult relative, or in an
adult-supervised supportive living arrangement in order to
receive AFDC unless:
(1) the minor parent has no living parent or legal guardian
whose whereabouts is known;
(2) no living parent or legal guardian of the minor parent
allows the minor parent to live in the parent's or legal
guardian's home;
(3) the minor parent lived apart from the minor parent's
own parent or legal guardian for a period of at least one year
before either the birth of the dependent child or the minor
parent's application for AFDC;
(4) the physical or emotional health or safety of the minor
parent or dependent child would be jeopardized if the minor
parent and the dependent child resided in the same residence
with the minor parent's parent or legal guardian;
(5) the minor parent and dependent child have, on the
effective date of this section, been living independently as
part of an approved social services plan for less than one year;
or
(6) an adult supervised supportive living arrangement is
not available for the minor parent and the dependent child in
the county in which the minor currently resides. If an adult
supervised supportive living arrangement becomes available
within the county, the minor parent and child must reside in
that arrangement.
(c) Minor applicants must be informed orally and in writing
about the eligibility requirements and their rights and
obligations under the AFDC program. The county must advise the
minor of the possible exemptions and specifically ask whether
one or more of these exemptions is applicable. If the minor
alleges one or more of these exemptions, then the county must
assist the minor in obtaining the necessary verifications to
determine whether or not these exemptions apply.
(d) If the county worker has reason to suspect that the
physical or emotional health or safety of the minor parent or
dependent child would be jeopardized if they resided with the
minor parent's parent or legal guardian, then the county worker
must make a referral to child protective services to determine
if paragraph (b), clause (4), applies. A new determination by
the county worker is not necessary if one has been made within
the last six months, unless there has been a significant change
in circumstances which justifies a new referral and
determination.
(e) If a minor parent is not living with a parent or legal
guardian due to paragraph (b), clause (1), (2), or (4), the
minor parent must reside, when possible, in a living arrangement
that meets the standards of paragraph (a), clause (3).
(f) When a minor parent and his or her dependent child live
with the minor parent's parent, legal guardian, or other adult
relative, or in an adult supervised supportive living
arrangement, AFDC must be paid, when possible, in the form of a
protective payment on behalf of the minor parent and dependent
child in accordance with Code of Federal Regulations, title 45,
section 234.60.
Sec. 5. Minnesota Statutes 1994, section 256.73,
subdivision 8, is amended to read:
Subd. 8. [RECOVERY OF OVERPAYMENTS.] (a) Except as
provided in subdivision 8a, if an amount of aid to families with
dependent children assistance is paid to a recipient in excess
of the payment due, it shall be recoverable by the county
agency. The agency shall give written notice to the recipient
of its intention to recover the overpayment.
(b) When an overpayment occurs, the county agency shall
recover the overpayment from a current recipient by reducing the
amount of aid payable to the assistance unit of which the
recipient is a member for one or more monthly assistance
payments until the overpayment is repaid. All county agencies
in the state shall reduce the assistance payment by three
percent of the assistance unit's standard of need or the amount
of the monthly payment, whichever is less, for all overpayments
whether or not the overpayment is due solely to agency error.
If the overpayment is due solely to having wrongfully obtained
assistance, whether based on a court order, the finding of an
administrative fraud disqualification hearing or a waiver of
such a hearing, or a confession of judgment containing an
admission of an intentional program violation, the amount of
this reduction shall be ten percent. In cases when there is
both an overpayment and underpayment, the county agency shall
offset one against the other in correcting the payment.
(c) Overpayments may also be voluntarily repaid, in part or
in full, by the individual, in addition to the above aid
reductions, until the total amount of the overpayment is repaid.
(d) The county agency shall make reasonable efforts to
recover overpayments to persons no longer on assistance in
accordance with standards adopted in rule by the commissioner of
human services. The county agency need not attempt to recover
overpayments of less than $35 paid to an individual no longer on
assistance if the individual does not receive assistance again
within three years, unless the individual has been convicted of
fraud under section 256.98.
Sec. 6. Minnesota Statutes 1994, section 256.73, is
amended by adding a subdivision to read:
Subd. 8a. [START WORK OFFSET.] An overpayment resulting
from earned income received in the first month of employment is
not recoverable by the county agency provided the aid to
families with dependent children assistance unit has not
voluntarily quit employment, without good cause under section
268.09, subdivision 1, paragraph (a), in the past two years. A
"start work offset" for purposes of this subdivision is the
amount of the overpayment the assistance unit would otherwise be
required to repay to the county under subdivision 8. This
subdivision is effective upon federal approval and
implementation of the waiver under section 46, subdivision 3.
Sec. 7. [256.7341] [TEMPORARY PUBLIC SERVICE OR COMMUNITY
SERVICE JOBS.]
A participant, except an obligor participating in an
approved community investment program under section 518.551, may
not work in a temporary public service or community service job
for a public employer for more than 67 working days or 536 hours
in a calendar year, whichever is greater, as part of a work
program established under this chapter except by written
agreement of the exclusive representative of affected employees
of the public employer. Upon the written request of the
exclusive bargaining representative, a county or public service
employer shall make available to the affected exclusive
bargaining representative a report of hours worked by
participants in temporary public service or community service
jobs.
Sec. 8. Minnesota Statutes 1994, section 256.736,
subdivision 3a, is amended to read:
Subd. 3a. [PARTICIPATION.] (a) Except as provided under
paragraphs (b) and (c), participation in employment and training
services under this section is limited to the following
recipients:
(1) caretakers who are required to participate in a job
search under subdivision 14;
(2) custodial parents who are subject to the school
attendance or case management participation requirements under
subdivision 3b;
(3) caretakers whose participation in employment and
training services began prior to May 1, 1990, if the caretaker's
AFDC eligibility has not been interrupted for 30 days or more
and the caretaker's employability development plan has not been
completed;
(4) recipients who are members of a family in which the
youngest child is within two years of being ineligible for AFDC
due to age;
(5) custodial parents under the age of 24 who: (i) have
not completed a high school education and who, at the time of
application for AFDC, were not enrolled in high school or in a
high school equivalency program; or (ii) have had little or no
work experience in the preceding year;
(6) recipients who have received AFDC for 36 or more months
out of the last 60 months;
(7) recipients who are participants in the self-employment
investment demonstration project under section 268.95; and
(8) recipients who participate in the new chance research
and demonstration project under contract with the department of
human services.
(b) If the commissioner determines that participation of
persons listed in paragraph (a) in employment and training
services is insufficient either to meet federal performance
targets or to fully utilize funds appropriated under this
section, the commissioner may, after notifying the chairs of the
senate family services committee, the house health and human
services committee, the family services division of the senate
family services and health care committees, and the human
services division of the house health and human services
committee, permit additional groups of recipients to participate
until the next meeting of the legislative advisory commission,
after which the additional groups may continue to enroll for
participation unless the legislative advisory commission
disapproves the continued enrollment. The commissioner shall
allow participation of additional groups in the following order
only as needed to meet performance targets or fully utilize
funding for employment and training services under this section:
(1) recipients who have received 24 or more months of AFDC
out of the previous 48 months; and
(2) recipients who have not completed a high school
education or a high school equivalency program.
(c) To the extent of money appropriated specifically for
this paragraph, the commissioner may permit AFDC caretakers who
are not eligible for participation in employment and training
services under the provisions of paragraph (a) or (b) to
participate. Money must be allocated to county agencies based
on the county's percentage of participants statewide in services
under this section in the prior calendar year. Caretakers must
be selected on a first-come, first-served basis from a waiting
list of caretakers who volunteer to participate. The
commissioner may, on a quarterly basis, reallocate unused
allocations to county agencies that have sufficient volunteers.
If funding under this paragraph is discontinued in future fiscal
years, caretakers who began participating under this paragraph
must be deemed eligible under paragraph (a), clause (3).
(d) Participants who are eligible and enroll in the STRIDE
program under one of the categories of this subdivision are
required to cooperate with the assessment and employability plan
development, and to meet the terms of their employability plan.
Failure to comply, without good cause, shall result in the
imposition of sanctions as specified in subdivision 4, clause
(6).
Sec. 9. Minnesota Statutes 1994, section 256.736,
subdivision 4a, is amended to read:
Subd. 4a. [NOTICE, CONCILIATION, AND RIGHT OF APPEAL.] If
the employment and training service provider determines that the
caretaker has failed or refused, without good cause, to
cooperate or accept employment, the employment and training
service provider shall issue to the caretaker a written notice
of its determination of noncooperation or refusal to accept
employment. The notice must include a detailed explanation of
the reason for the determination and must specify the
consequences for failure or refusal to cooperate or accept
employment, the actions which the employment and training
service provider believes are necessary for the caretaker to
comply with the employment and training program, and the right
to request, within ten days of receipt of the date the notice
was mailed or hand delivered, a conciliation conference. The
employment and training service provider or the county agency
must conduct a conciliation conference within five days of a
timely request. If the dispute between the employment and
training service provider and the caretaker is not resolved in
the conciliation conference or a request for a conciliation
conference is not made within the required time, then the
employment and training service provider shall notify the county
board of a caretaker's failure without good cause to cooperate
or accept employment. Unless the county agency has evidence to
the contrary, the county agency shall implement the sanction
provisions of subdivision 4. Any determination, action, or
inaction on the part of the county board relating to a
caretaker's participation under section 256.736 is subject to
the notice and hearing procedures in section 256.045, and Code
of Federal Regulations, title 45, section 205.10.
Sec. 10. Minnesota Statutes 1994, section 256.736,
subdivision 5, is amended to read:
Subd. 5. [EXTENSION OF EMPLOYMENT AND TRAINING
OPPORTUNITIES.] The commissioner of human services shall
cooperate with the commissioner of economic security and the
commissioner of trade and economic development to extend the
availability of training and employment opportunities on a
statewide basis and to assist local employment advisory groups
convened under this subdivision. The county welfare agency may
convene an employment advisory group which shall include but not
be limited to representatives from the local chamber of
commerce, from major area employers, from private and public
collective bargaining units who shall be represented by their
exclusive representatives, from secondary and post-secondary
educational institutions in the community, and from job services
offices operated by the commissioner of economic security under
chapter 268. The county welfare agency shall work with the
local employment advisory group to maximize the job
opportunities for welfare clients. In a county where a private
industry council has been established, the county welfare agency
may work with the council to maximize job opportunities in lieu
of or in addition to convening an employment advisory group.
Sec. 11. Minnesota Statutes 1994, section 256.736,
subdivision 10, is amended to read:
Subd. 10. [COUNTY DUTIES.] (a) To the extent of available
state appropriations, county boards shall:
(1) refer all mandatory and eligible volunteer caretakers
permitted to participate under subdivision 3a to an employment
and training service provider for participation in employment
and training services;
(2) identify to the employment and training service
provider the target group of which the referred caretaker is a
member;
(3) provide all caretakers with an orientation which meets
the requirements in subdivisions 10a and 10b;
(4) work with the employment and training service provider
to encourage voluntary participation by caretakers in the target
groups;
(5) work with the employment and training service provider
to collect data as required by the commissioner;
(6) to the extent permissible under federal law, require
all caretakers coming into the AFDC program to attend
orientation;
(7) encourage nontarget caretakers to develop a plan to
obtain self-sufficiency;
(8) notify the commissioner of the caretakers required to
participate in employment and training services;
(9) inform appropriate caretakers of opportunities
available through the head start program and encourage
caretakers to have their children screened for enrollment in the
program where appropriate;
(10) provide transportation assistance using available
funds to caretakers who participate in employment and training
programs;
(11) ensure that orientation, job search, services to
custodial parents under the age of 20, educational activities
and work experience for AFDC-UP families, and case management
services are made available to appropriate caretakers under this
section, except that payment for case management services is
governed by subdivision 13;
(12) explain in its local service unit plan under section
268.88 how it will ensure that target caretakers determined to
be in need of social services are provided with such social
services. The plan must specify how the case manager and the
county social service workers will ensure delivery of needed
services;
(13) to the extent allowed by federal laws and regulations,
provide a job search program as defined in subdivision 14, a
community work experience program as defined in section 256.737,
grant diversion as defined in section 256.739, and on-the-job
training as defined in section 256.738. A county may also
provide another work and training program approved by the
commissioner and the secretary of the United States Department
of Health and Human Services. Planning and approval for
employment and training services listed in this clause must be
obtained through submission of the local service unit plan as
specified under section 268.88. A county is not required to
provide a community work experience program if the county agency
is successful in placing at least 40 percent of the monthly
average of all caretakers who are subject to the job search
requirements of subdivision 14 in grant diversion or on-the-job
training program;
(14) prior to participation, provide an assessment of each
AFDC recipient who is required or volunteers to participate in
an approved employment and training service. The assessment
must include an evaluation of the participant's (i) educational,
child care, and other supportive service needs; (ii) skills and
prior work experience; and (iii) ability to secure and retain a
job which, when wages are added to child support, will support
the participant's family. The assessment must also include a
review of the results of the early and periodic screening,
diagnosis and treatment (EPSDT) screening and preschool
screening under chapter 123, if available; the participant's
family circumstances; and, in the case of a custodial parent
under the age of 18, a review of the effect of a child's
development and educational needs on the parent's ability to
participate in the program;
(15) develop an employability development plan for each
recipient for whom an assessment is required under clause (14)
which: (i) reflects the assessment required by clause (14); (ii)
takes into consideration the recipient's physical capacity,
skills, experience, health and safety, family responsibilities,
place of residence, proficiency, child care and other supportive
service needs; (iii) is based on available resources and local
employment opportunities; (iv) specifies the services to be
provided by the employment and training service provider; (v)
specifies the activities the recipient will participate in,
including the worksite to which the caretaker will be assigned,
if the caretaker is subject to the requirements of section
256.737, subdivision 2; (vi) specifies necessary supportive
services such as child care; (vii) reflects the effort to
arrange mandatory activities so that the activities do not
interfere with access to available English as a second language
classes and to the extent possible, reflects the preferences of
the participant; and (viii) includes a written agreement between
the county agency and the caretaker that outlines a reasonable
schedule for completing the plan, including specific completion
deadlines, and confirms that (A) there is a market for full-time
employees with this education or training where the caretaker
will or is willing to reside upon completion of the program; (B)
the average wage level for employees with this education or
training is greater than the caretaker can earn without this
education or training; (C) the caretaker has the academic
ability to successfully complete the program; and (D) there is a
reasonable expectation that the caretaker will complete the
training program based on such factors as the caretaker's
previous education, training, work history, current motivation,
and changes in previous circumstances; and (ix) specifies the
recipient's long-term employment goal which shall lead to
self-sufficiency;
(16) provide written notification to and obtain the written
or oral concurrence of the appropriate exclusive bargaining
representatives with respect to job duties covered under
collective bargaining agreements to and assure that no work
assignment under this section or sections 256.737, 256.738, and
256.739, or the Minnesota parent's fair share mandatory
community work experience program results in: (i) termination,
layoff, or reduction of the work hours of an employee for the
purpose of hiring an individual under this section or sections
256.737, 256.738, and 256.739; (ii) the hiring of an individual
if any other person is on layoff from the same or a
substantially equivalent job; (iii) any infringement of the
promotional opportunities of any currently employed individual;
(iv) the impairment of existing contracts for services or
collective bargaining agreements; or (v) except for on-the-job
training under section 256.738, a participant filling an
established unfilled position vacancy. If an exclusive
bargaining representative and a county or public service
employer disagree regarding whether job duties are covered under
a collective bargaining agreement, the exclusive bargaining
representative or the county or public service employer may
petition the bureau of mediation services, and the bureau shall
determine if the job duties are covered by a collective
bargaining agreement; and
(17) assess each caretaker in an AFDC-UP family who is
under age 25, has not completed high school or a high school
equivalency program, and who would otherwise be required to
participate in a work experience placement under section 256.737
to determine if an appropriate secondary education option is
available for the caretaker. If an appropriate secondary
education option is determined to be available for the
caretaker, the caretaker must, in lieu of participating in work
experience, enroll in and meet the educational program's
participation and attendance requirements. "Secondary
education" for this paragraph means high school education or
education designed to prepare a person to qualify for a high
school equivalency certificate, basic and remedial education,
and English as a second language education. A caretaker
required to participate in secondary education who, without good
cause, fails to participate shall be subject to the provisions
of subdivision 4a and the sanction provisions of subdivision 4,
clause (6). For purposes of this clause, "good cause" means the
inability to obtain licensed or legal nonlicensed child care
services needed to enable the caretaker to attend, inability to
obtain transportation needed to attend, illness or incapacity of
the caretaker or another member of the household which requires
the caretaker to be present in the home, or being employed for
more than 30 hours per week.
(b) Funds available under this subdivision may not be used
to assist, promote, or deter union organizing.
(c) A county board may provide other employment and
training services that it considers necessary to help caretakers
obtain self-sufficiency.
(d) Notwithstanding section 256G.07, when a target
caretaker relocates to another county to implement the
provisions of the caretaker's case management contract or other
written employability development plan approved by the county
human service agency, its case manager or employment and
training service provider, the county that approved the plan is
responsible for the costs of case management and other services
required to carry out the plan, including employment and
training services. The county agency's responsibility for the
costs ends when all plan obligations have been met, when the
caretaker loses AFDC eligibility for at least 30 days, or when
approval of the plan is withdrawn for a reason stated in the
plan, whichever occurs first. Responsibility for the costs of
child care must be determined under chapter 256H. A county
human service agency may pay for the costs of case management,
child care, and other services required in an approved
employability development plan when the nontarget caretaker
relocates to another county or when a target caretaker again
becomes eligible for AFDC after having been ineligible for at
least 30 days.
Sec. 12. Minnesota Statutes 1994, section 256.736,
subdivision 10a, is amended to read:
Subd. 10a. [ORIENTATION.] (a) Each county agency must
provide an orientation to all caretakers within its jurisdiction
in the time limits described in this paragraph:
(1) within 60 days of being determined eligible for AFDC
for caretakers with a continued absence or incapacitated parent
basis of eligibility; or
(2) within 30 days of being determined eligible for AFDC
for caretakers with an unemployed parent basis of eligibility.
(b) Caretakers are required to attend an in-person
orientation if the caretaker is a member of one of the groups
listed in subdivision 3a, paragraph (a), unless the caretaker is
exempt from registration under subdivision 3 and the caretaker's
exemption basis will not expire within 60 days of being
determined eligible for AFDC, or the caretaker is enrolled at
least half time in any recognized school, training program, or
institution of higher learning and the in-person orientation
cannot be scheduled at a time that does not interfere with the
caretaker's school or training schedule. The county agency
shall require attendance at orientation of caretakers described
in subdivision 3a, paragraph (b) or (c), if the commissioner
determines that the groups are eligible for participation in
employment and training services.
(c) The orientation must consist of a presentation that
informs caretakers of:
(1) the identity, location, and phone numbers of employment
and training and support services available in the county;
(2) the types and locations of child care services
available through the county agency that are accessible to
enable a caretaker to participate in educational programs or
employment and training services;
(3) the child care resource and referral program designated
by the commissioner providing education and assistance to select
child care services and a referral to the child care resource
and referral when assistance is requested;
(4) the obligations of the county agency and service
providers under contract to the county agency;
(5) the rights, responsibilities, and obligations of
participants;
(6) the grounds for exemption from mandatory employment and
training services or educational requirements;
(7) the consequences for failure to participate in
mandatory services or requirements;
(8) the method of entering educational programs or
employment and training services available through the county;
(9) the availability and the benefits of the early and
periodic, screening, diagnosis and treatment (EPSDT) program and
preschool screening under chapter 123;
(10) their eligibility for transition year child care
assistance when they lose eligibility for AFDC due to their
earnings;
(11) their eligibility for extended medical assistance when
they lose eligibility for AFDC due to their earnings; and
(12) the availability and benefits of the Head Start
program.
(d) All orientation programs should provide information to
caretakers on parenting, nutrition, household management, food
preparation, and other subjects relevant to promoting family
integration and self-sufficiency and provide detailed
information on community resources available for training
sessions on these topics.
(e) Orientation must encourage recipients to view AFDC as a
temporary program providing grants and services to individuals
who set goals and develop strategies for supporting their
families without AFDC assistance. The content of the
orientation must not imply that a recipient's eligibility for
AFDC is time limited. Orientation may be provided through
audio-visual methods, but the caretaker must be given an
opportunity for face-to-face interaction with staff of the
county agency or the entity providing the orientation, and an
opportunity to express the desire to participate in educational
programs and employment and training services offered through
the county agency.
(e) (f) County agencies shall not require caretakers to
attend orientation for more than three hours during any period
of 12 continuous months. The county agency shall also arrange
for or provide needed transportation and child care to enable
caretakers to attend.
The county or, under contract, the county's employment and
training service provider shall mail written orientation
materials containing the information specified in paragraph (c),
clauses (1) to (3) and (8) to (12), to each caretaker exempt
from attending an in-person orientation or who has good cause
for failure to attend after at least two dates for their
orientation have been scheduled. The county or the county's
employment and training service provider shall follow up with a
phone call or in writing within two weeks after mailing the
material.
(f) (g) Persons required to attend orientation must be
informed of the penalties for failure to attend orientation,
support services to enable the person to attend, what
constitutes good cause for failure to attend, and rights to
appeal. Persons required to attend orientation must be offered
a choice of at least two dates for their first scheduled
orientation. No person may be sanctioned for failure to attend
orientation until after a second failure to attend.
(g) (h) Good cause for failure to attend an in-person
orientation exists when a caretaker cannot attend because of:
(1) temporary illness or injury of the caretaker or of a
member of the caretaker's family that prevents the caretaker
from attending an orientation during the hours when the
orientation is offered;
(2) a judicial proceeding that requires the caretaker's
presence in court during the hours when orientation is
scheduled; or
(3) a nonmedical emergency that prevents the caretaker from
attending an orientation during the hours when orientation is
offered. "Emergency" for the purposes of this paragraph means a
sudden, unexpected occurrence or situation of a serious or
urgent nature that requires immediate action.
(h) (i) Caretakers must receive a second orientation only
when:
(1) there has been a 30-day break in AFDC eligibility; and
(2) the caretaker has not attended an orientation within
the previous 12-month period, excluding the month of
reapplication for AFDC.
Sec. 13. Minnesota Statutes 1994, section 256.736,
subdivision 14, is amended to read:
Subd. 14. [JOB SEARCH.] (a) Each county agency must
establish and operate a job search program as provided under
this section. Unless all caretakers in the household are
exempt, the principal wage earner in an AFDC-UP assistance unit
must one nonexempt caretaker in each AFDC-UP household must be
referred to and begin participation in the job search program
within 30 days of being determined eligible for AFDC. If
the principal wage earner is exempt from participation in job
search, the other caretaker must be referred to and begin
participation in the job search program within 30 days of being
determined eligible for AFDC. The principal wage earner or the
other assistance unit contains more than one nonexempt
caretaker, the caretakers may determine which caretaker shall
participate. The designation may be changed only once annually
at the annual redetermination of eligibility. If no designation
is made or if the caretakers cannot agree, the county agency
shall designate the caretaker having earned the greater of the
incomes, including in-kind income, during the 24-month period
immediately preceding the month of application for AFDC benefits
as the caretaker that must participate. When no designation is
made or the caretakers cannot agree and neither caretaker had
earnings or the earnings were identical for each caretaker, then
the county agency shall designate the caretaker who must
participate. A caretaker is exempt from job search
participation if:
(1) the caretaker is exempt from registration under
subdivision 3; or
(2) the caretaker is under age 25, has not completed a high
school diploma or an equivalent program, and is participating in
a secondary education program as defined in subdivision 10,
paragraph (a), clause (17), which is approved by the employment
and training service provider in the employability development
plan.
(b) The job search program must provide four consecutive
weeks of job search activities for no less than 20 hours per
week but not more than 32 hours per week. The employment and
training service provider shall specify for each participating
caretaker the number of weeks and hours of job search to be
conducted and shall report to the county agency if the caretaker
fails to cooperate with the job search requirement. A person
for whom lack of proficiency in English, as determined by an
appropriate evaluation, is a barrier to employment, can choose
to attend an available intensive, functional work literacy
program for a minimum of 20 hours in place of the 20 hours of
job search activities. The caretaker's employability
development plan must include the length of time needed in the
program, specific outcomes, attendance requirements, completion
dates, and employment goals as they pertain to the intensive
literacy program.
(c) The job search program may provide services to
non-AFDC-UP caretakers.
(d) After completion of job search requirements in this
section, nonexempt caretakers shall be placed in and must
participate in and cooperate with the work experience program
under section 256.737, the on-the-job training program under
section 256.738, or the grant diversion program under section
256.739. Caretakers must be offered placement in a grant
diversion or on-the-job training program, if either such
employment is available, before being required to participate in
a community work experience program under section 256.737. When
a nonexempt caretaker fails to cooperate with the job search
program, the work experience program, the on-the-job training
program, or the community work experience program and is subject
to the sanction provisions of subdivision 4, the second
caretaker in the assistance unit, unless exempt, must also be
removed from the grant unless that second caretaker has been
referred to and has started participating in the job search
program and subsequently in the work experience program, the
on-the-job training program, or the community work experience
program prior to the date the sanction begins for the first
caretaker. The second caretaker is ineligible for AFDC until
the first caretaker's sanction ends or the second caretaker
cooperates with the requirements.
Sec. 14. Minnesota Statutes 1994, section 256.736,
subdivision 16, is amended to read:
Subd. 16. [ALLOCATION AND USE OF MONEY.] (a) State money
appropriated for employment and training services under this
section must be allocated to counties as specified in paragraphs
(b) to (j) (l).
(b) For purposes of this subdivision, "targeted caretaker"
means a recipient who:
(1) is a custodial parent under the age of 24 who: (i) has
not completed a high school education and at the time of
application for AFDC is not enrolled in high school or in a high
school equivalency program; or (ii) had little or no work
experience in the preceding year;
(2) is a member of a family in which the youngest child is
within two years of being ineligible for AFDC due to age; or
(3) has received 36 months or more of AFDC over the last 60
months.
(c) One hundred percent of the money appropriated for case
management services as described in subdivision 11 must be
allocated to counties based on the average number of cases in
each county described in clause (1). Money appropriated for
employment and training services as described in subdivision 1a,
paragraph (d), other than case management services, must be
allocated to counties as follows:
(1) Forty percent of the state money must be allocated
based on the average number of cases receiving AFDC in the
county which either have been open for 36 or more consecutive
months or have a caretaker who is under age 24 and who has no
high school or general equivalency diploma. The average number
of cases must be based on counts of these cases as of March 31,
June 30, September 30, and December 31 of the previous year.
(2) Twenty percent of the state money must be allocated
based on the average number of cases receiving AFDC in the
county which are not counted under clause (1). The average
number of cases must be based on counts of cases as of March 31,
June 30, September 30, and December 31 of the previous year.
(3) Twenty-five percent of the state money must be
allocated based on the average monthly number of assistance
units in the county receiving AFDC-UP for the period ending
December 31 of the previous year.
(4) Fifteen percent of the state money must be allocated at
the discretion of the commissioner based on participation levels
for target group members in each county.
(d) No more than 15 percent of the money allocated under
paragraph (b) and no more than 15 percent of the money allocated
under paragraph (c) may be used for administrative activities.
(e) At least 55 percent of the money allocated to counties
under paragraph (c) must be used for employment and training
services for caretakers in the target groups, and up to 45
percent of the money may be used for employment and training
services for nontarget caretakers. One hundred percent of the
money allocated to counties for case management services must be
used to provide those services to caretakers in the target
groups.
(f) Money appropriated to cover the nonfederal share of
costs for bilingual case management services to refugees for the
employment and training programs under this section are
allocated to counties based on each county's proportion of the
total statewide number of AFDC refugee cases. However, counties
with less than one percent of the statewide number of AFDC
refugee cases do not receive an allocation.
(g) Counties, the department of economic security, and
entities under contract with either the department of economic
security or the department of human services for provision of
Project STRIDE related services shall bill the commissioner of
human services for any expenditures incurred by the county, the
county's employment and training service provider, or the
department of economic security that may be reimbursed by
federal money. The commissioner of human services shall bill
the United States Department of Health and Human Services and
the United States Department of Agriculture for the
reimbursement and appropriate the reimbursed money to the
county, the department of economic security, or employment and
training service provider that submitted the original bill. The
reimbursed money must be used to expand employment and training
services.
(h) The commissioner of human services shall review county
expenditures of case management and employment and training
block grant money at the end of the third quarter of the
biennium and each quarter after that, and may reallocate
unencumbered or unexpended money allocated under this section to
those counties that can demonstrate a need for additional
money. Reallocation of funds must be based on the formula set
forth in paragraph (a), excluding the counties that have not
demonstrated a need for additional funds.
(i) The county agency may continue to provide case
management and supportive services to a participant for up to 90
days after the participant loses AFDC eligibility and may
continue providing a specific employment and training service
for the duration of that service to a participant if funds for
the service are obligated or expended prior to the participant
losing AFDC eligibility.
(j) One hundred percent of the money appropriated for an
unemployed parent work experience program under section 256.737
must be allocated to counties based on the average monthly
number of assistance units in the county receiving AFDC-UP for
the period ending December 31 of the previous year.
(k) The commissioner may waive the requirement of paragraph
(e) that case management funds be spent only on case management
services in order to permit the development of a unified STRIDE
funding allocation for each county agency. The unified
allocation may be expended by the county agency for case
management and employment and training activities in the
proportion determined necessary to streamline administrative
procedures and enhance program performance. The commissioner,
in consultation with the commissioner of economic security, may
also grant a waiver from program spending limits in paragraphs
(d) and (e) to any county which can demonstrate increased
program effectiveness through a written request to the
department. Counties which request a waiver of the spending
limits in paragraphs (d) and (e) shall amend their local service
unit plans and receive approval of the plans prior to commencing
the waiver. The commissioners of human services and economic
security shall annually evaluate the effectiveness of all
waivers approved under this subdivision.
(l) Effective July 1, 1995, the commissioner of human
services shall begin developing a performance model for the
purpose of analyzing each county's performance in the provision
of STRIDE employment and training services. Beginning February
1, 1997, and each year thereafter, the commissioner of human
services shall inform each county of the county's performance
based upon the following measures:
(1) employment rate at termination of STRIDE eligibility;
(2) wage rate at termination of STRIDE eligibility;
(3) average annual cost per placement calculated by
dividing the total STRIDE expenditures by the number of
participants placed in unsubsidized employment;
(4) AFDC-UP participation rate;
(5) percentage of 18- and 19-year-old custodial parents
subject to secondary education requirements of subdivision 3b
who complete secondary education or equivalent course of study;
and
(6) achievement of federally mandated JOBS participation
rate.
Performance measures (1), (2), and (3) shall be adjusted to
reflect local conditions.
County agencies must take the results of these performance
measures into consideration when selecting employment and
training service providers.
Sec. 15. Minnesota Statutes 1994, section 256.736, is
amended by adding a subdivision to read:
Subd. 20. [SPECIAL PROVISIONS FOR PERSONS PARTICIPATING IN
EDUCATIONAL PROGRAMS.] The provisions of this subdivision are
applicable to all project STRIDE participants, including those
subject to subdivision 3b and section 256.737.
(a) For recipients eligible to participate under
subdivision 3b who are enrolled in a high school equivalency
program on a full-time basis, there is no work requirement.
Individuals who are enrolled part time in a high school
equivalency program must take classroom instruction for at least
six hours per week, meet the attendance and satisfactory
progress requirements as defined by the employment and training
service provider in consultation with the provider of the high
school equivalency program, and concurrently work a monthly
average of not less than 64 hours in employment paying at least
minimum wage or in documented volunteer work. Hours spent
assisting at a licensed day care center shall count toward the
weekly hours needed to fulfill the employment or volunteer
requirement. "Volunteer work" shall include attendance at
parenting skill classes. Failure to comply, without good cause,
with this requirement shall result in the imposition of
sanctions as specified in subdivision 4, clause (6).
(b) Concurrent with participation in post-secondary
education or training approved in an employability development
plan under subdivision 10, paragraph (a), clause (15), the
participant must work at a minimum the number of hours per month
prescribed by this subdivision in employment paying at least
minimum wage or in documented volunteer work for a public or
nonprofit agency and agree to search for and accept any offer of
suitable employment upon completion of the education or
training. For individuals who are participating in an
educational program under this paragraph on a full-time basis as
determined by the institution, there is no work requirement.
For individuals participating in an educational program on a
part-time basis as determined by the institution, the number of
hours that a participant must work shall be increased or
decreased in inverse proportion to the number of credit hours
being taken, with a maximum of eight hours weekly of work.
Hours spent assisting at a licensed day care center shall count
towards the weekly hours needed to fulfill the employment or
volunteer requirement. "Volunteer work" shall include
attendance at parenting skill classes.
Sec. 16. Minnesota Statutes 1994, section 256.737,
subdivision 1a, is amended to read:
Subd. 1a. [COMMISSIONER'S DUTIES.] The commissioner shall:
(a) assist counties in the design and implementation of these
programs; (b) promulgate, in accordance with chapter 14,
emergency rules necessary for the implementation of this
section, except that the time restrictions of section 14.35
shall not apply and the rules may be in effect until June 30,
1993, unless superseded by permanent rules; (c) seek any federal
waivers necessary for proper implementation of this section in
accordance with federal law; (d) ensure that participants at
CWEP worksites are assigned to work, and require revision of the
CWEP work plan in cases where work is not available at the site;
(e) shall design and implement an intensive, functional work
literacy program that addresses the barriers to employment for
nonexempt caretakers in AFDC-UP households who lack proficiency
in English. The commissioner is encouraged to work with adult
basic education providers to provide functional work literacy
services, where available. The intensive, functional work
literacy program must be designed to assist nonexempt caretakers
in AFDC-UP households achieve self-sufficiency by enhancing
their employability through concurrent participation in
meaningful work experience, job search skills, and functional
work literacy; and (d) (f) prohibit the use of participants in
the programs to do work that was part or all of the duties or
responsibilities of an authorized public employee bargaining
unit position established as of January 1, 1993. The exclusive
bargaining representative shall be notified no less than 14 days
in advance of any placement by the community work experience
program. Written or oral concurrence with respect to job duties
of persons placed under the community work experience program
shall be obtained from the appropriate exclusive bargaining
representative within seven days. The appropriate oversight
committee shall be given monthly lists of all job placements
under a community work experience program.
Sec. 17. Minnesota Statutes 1994, section 256.737,
subdivision 2, is amended to read:
Subd. 2. [PROGRAM REQUIREMENTS.] (a) Worksites developed
under this section are limited to projects that serve a useful
public service such as: health, social service, environmental
protection, education, urban and rural development and
redevelopment, welfare, recreation, public facilities, public
safety, community service, services to aged or disabled
citizens, and child care. To the extent possible, the prior
training, skills, and experience of a recipient must be used in
making appropriate work experience assignments.
(b) As a condition to placing a person receiving aid to
families with dependent children in a program under this
subdivision, the county agency shall first provide the recipient
the opportunity:
(1) for placement in suitable subsidized or unsubsidized
employment through participation in job search under section
256.736, subdivision 14; or
(2) for placement in suitable employment through
participation in on-the-job training under section 256.738 or
grant diversion under section 256.739, if such employment is
available.
(c) A caretaker referred to job search under section
256.736, subdivision 14, and who has failed to secure suitable
employment must participate in a community work experience
program.
(d) The county agency shall limit the maximum number of
hours any participant under this section may work in any month
to:
(1) for counties operating an approved mandatory community
work experience program as of January 1, 1993, who elect this
method for countywide operations, a number equal to the amount
of the aid to families with dependent children payable to the
family divided by the greater of the federal minimum wage or the
applicable state minimum wage; or
(2) for all other counties, a caretaker must participate in
any week 20 hours with no less than 16 hours spent participating
in a work experience placement and no more than four of the
hours spent in alternate activities as described in the
caretaker's employability development plan. A person for whom
lack of proficiency in English, as determined by an appropriate
evaluation, is a barrier to employment, can choose to attend an
available intensive, functional work literacy program and the
hours will be applied to the four hours of alternate
activities. The caretaker's employability development plan must
include the length of time needed in the program, specific
outcomes, completion dates, and employment goals as they pertain
to the intensive language program. Placement in a work
experience worksite must be based on the assessment required
under section 256.736 and the caretaker's employability
development plan. Caretakers participating under this clause
may be allowed excused absences from the assigned job site of up
to eight hours per month. For the purposes of this clause,
"excused absence" means absence due to temporary illness or
injury of the caretaker or a member of the caretaker's family,
the unavailability of licensed child care or transportation
needed to participate in the work experience placement, a job
interview, or a nonmedical emergency. For purposes of this
clause, "emergency" has the meaning given it in section 256.736,
subdivision 10a, paragraph (g).
(e) After a participant has been assigned to a position
under paragraph (d), clause (1), for nine months, the
participant may not continue in that assignment unless the
maximum number of hours a participant works is no greater than
the amount of the aid to families with dependent children
payable with respect to the family divided by the higher of (1)
the federal minimum wage or the applicable state minimum wage,
whichever is greater, or (2) the rate of pay for individuals
employed in the same or similar occupations by the same employer
at the same site.
(f) After each six months of a recipient's participation in
an assignment, and at the conclusion of each assignment under
this section, the county agency shall reassess and revise, as
appropriate, each participant's employability development plan.
(g) Structured, supervised volunteer work with an agency or
organization which is monitored by the county service provider
may, with the approval of the commissioner of economic security,
be used as a work experience placement.
(h) If there is no work available at the site to which a
CWEP participant is assigned, then the CWEP work plan shall be
revised so that participants may work at alternative sites.
Sec. 18. Minnesota Statutes 1994, section 256.737, is
amended by adding a subdivision to read:
Subd. 7. [INJURY PROTECTION FOR WORK EXPERIENCE
PARTICIPANTS.] (a) Payment of any claims resulting from an
alleged injury or death of a recipient participating in a
community work experience program established and operated by a
county pursuant to this section shall be determined in
accordance with this section. This determination method applies
to work experience programs established under aid to families
with dependent children, work readiness, Minnesota parent's fair
share, and to obligors participating in community services
pursuant to section 518.551, subdivision 5a, in a county with an
approved community investment program.
(b) Claims that are subject to this section shall be
investigated by the county agency responsible for supervising
the work to determine whether the claimed injury occurred,
whether the claimed medical expenses are reasonable, and whether
the loss is covered by the claimant's insurance. If insurance
coverage is established, the county agency shall submit the
claim to the appropriate insurance entity for payment. The
investigating county agency shall submit all valid claims, in
the amount net of any insurance payments, to the department of
human services.
(c) The department of human services shall submit all
claims for impairment compensation to the commissioner of labor
and industry. The commissioner of labor and industry shall
review all submitted claims and recommend to the department of
human services an amount of compensation comparable to that
which would be provided under the impairment compensation
schedule of section 176.101, subdivision 3b.
(d) The department of human services shall approve a claim
of $1,000 or less for payment if appropriated funds are
available, if the county agency responsible for supervising the
work has made the determinations required by this section, and
if the work program was operated in compliance with the safety
provisions of this section. The department shall pay the
portion of an approved claim of $1,000 or less that is not
covered by the claimant's insurance within three months of the
date of submission. On or before February 1 of each legislative
session, the department shall submit to the appropriate
committees of the senate and the house of representatives a list
of claims of $1,000 or less paid during the preceding calendar
year and shall be reimbursed by legislative appropriation for
any claims that exceed the original appropriation provided to
the department to operate this program. Any unspent money from
this appropriation shall carry over to the second year of the
biennium, and any unspent money remaining at the end of the
second year shall be returned to the state general fund.
On or before February 1 of each year, the department shall
submit to the appropriate committees of the senate and the house
of representatives a list of claims in excess of $1,000 and a
list of claims of $1,000 or less that were submitted to but not
paid by the department of human services, together with any
recommendations of appropriate compensation. These claims shall
be heard and determined by the appropriate committees of the
senate and house of representatives and, if approved, shall be
paid under the legislative claims procedure.
(e) Compensation paid under this section is limited to
reimbursement for reasonable medical expenses and impairment
compensation for disability in like amounts as allowed in
section 176.101, subdivision 3b. Compensation for injuries
resulting in death shall include reasonable medical expenses and
burial expenses in addition to payment to the participant's
estate in an amount up to $200,000. No compensation shall be
paid under this section for pain and suffering, lost wages, or
other benefits provided in chapter 176. Payments made under
this section shall be reduced by any proceeds received by the
claimant from any insurance policy covering the loss. For the
purposes of this section, "insurance policy" does not include
the medical assistance program authorized under chapter 256B or
the general assistance medical care program authorized under
chapter 256D.
(f) The procedure established by this section is exclusive
of all other legal, equitable, and statutory remedies against
the state, its political subdivisions, or employees of the state
or its political subdivisions. The claimant shall not be
entitled to seek damages from any state or county insurance
policy or self-insurance program.
(g) A claim is not valid for purposes of this subdivision
if the local agency responsible for supervising the work cannot
verify to the department of human services:
(1) that appropriate safety training and information is
provided to all persons being supervised by the agency under
this subdivision; and
(2) that all programs involving work by those persons
comply with federal Occupational Safety and Health
Administration and state department of labor and industry safety
standards. A claim that is not valid because of failure to
verify safety training or compliance with safety standards will
not be paid by the department of human services or through the
legislative claims process and must be heard, decided, and paid,
if appropriate, by the local government unit responsible for
supervising the work of the claimant.
(g) This program is effective July 1, 1995. Claims may be
submitted on or after November 1, 1995.
Sec. 19. Minnesota Statutes 1994, section 256.74, is
amended by adding a subdivision to read:
Subd. 6. [STATE SUPPLEMENTARY PAYMENTS.] The commissioner
of human services shall report back on a plan for providing
supplemental payments for recipients of AFDC whose income is
reduced or terminated as a result of a reduction in the rate of
pay, reduction in numbers of hours worked, or reduction in court
ordered or agreed upon support, but whose assistance under the
AFDC program is not adjusted accordingly because of the
operation of retrospective budgeting procedures. The amount of
assistance must be sufficient to ensure that the assistance
unit's income equals, but does not exceed, the standard of
assistance in the AFDC program for an assistance unit of like
size and composition. A recipient shall not be eligible for
supplementary assistance if the recipient voluntarily, and
without good cause attributable to the employer, discontinued
employment with the employer or was discharged for misconduct
connected with work or for misconduct which interferes with or
adversely affects employment. The commissioner's report shall
provide information on the projected number of families likely
to be eligible for supplementary payments during the 1997-1999
biennium; and on the costs, including administrative costs, of
making those payments to eligible recipients. The report shall
be presented to the legislature by February 15, 1996.
Sec. 20. Minnesota Statutes 1994, section 256.81, is
amended to read:
256.81 [COUNTY AGENCY, DUTIES.]
(1) The county agency shall keep such records, accounts,
and statistics in relation to aid to families with dependent
children as the state agency shall prescribe.
(2) Each grant of aid to families with dependent children
shall be paid to the recipient by the county agency unless paid
by the state agency. Payment must be by check or electronic
means except in those instances in which the county agency,
subject to the rules of the state agency, determines that
payments for care shall be made to an individual other than the
parent or relative with whom the dependent child is living or to
vendors of goods and services for the benefit of the child
because such parent or relative is unable to properly manage the
funds in the best interests and welfare of the child. There is
a presumption of mismanagement of funds whenever a recipient is
more than 30 days in arrears on payment of rent, except when the
recipient has withheld rent to enforce the recipient's right to
withhold the rent in accordance with federal, state, or local
housing laws. In cases of mismanagement based solely on failure
to pay rent, the county may vendor the rent payments to the
landlord. At the request of a recipient, the state or county
may make payments directly to vendors of goods and services, but
only for goods and services appropriate to maintain the health
and safety of the child, as determined by the county.
(3) The state or county may ask the recipient to give
written consent authorizing the state or county to provide
advance notice to a vendor before vendor payments of rent are
reduced or terminated. Whenever possible under state and
federal laws and regulations and if the recipient consents, the
state or county shall provide at least 30 days notice to vendors
before vendor payments of rent are reduced or terminated. If 30
days notice cannot be given, the state or county shall notify
the vendor within three working days after the date the state or
county becomes aware that vendor payments of rent will be
reduced or terminated. When the county notifies a vendor that
vendor payments of rent will be reduced or terminated, the
county shall include in the notice that it is illegal to
discriminate on the grounds that a person is receiving public
assistance and the penalties for violation. The county shall
also notify the recipient that it is illegal to discriminate on
the grounds that a person is receiving public assistance and the
procedures for filing a complaint. The county agency may
develop procedures, including using the MAXIS system, to
implement vendor notice and may charge vendors a fee not
exceeding $5 to cover notification costs.
(4) A vendor payment arrangement is not a guarantee that a
vendor will be paid by the state or county for rent, goods, or
services furnished to a recipient, and the state and county are
not liable for any damages claimed by a vendor due to failure of
the state or county to pay or to notify the vendor on behalf of
a recipient, except under a specific written agreement between
the state or county and the vendor or when the state or county
has provided a voucher guaranteeing payment under certain
conditions.
(5) The county shall be paid from state and federal funds
available therefor the amount provided for in section 256.82.
(6) Federal funds available for administrative purposes
shall be distributed between the state and the counties in the
same proportion that expenditures were made except as provided
for in section 256.017.
(7) The affected county may require that assistance paid
under the AFDC emergency assistance program in the form of a
rental unit damage deposit, less any amount retained by the
landlord to remedy a tenant's default in payment of rent or
other funds due to the landlord pursuant to a rental agreement,
or to restore the premises to the condition at the commencement
of the tenancy, ordinary wear and tear excepted, be returned to
the county when the individual vacates the premises or paid to
the recipient's new landlord as a vendor payment. The vendor
payment of returned funds shall not be considered a new use of
emergency assistance.
Sec. 21. [256.8799] [FOOD STAMP OUTREACH PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of human
services shall establish, in consultation with the
representatives from community action agencies, a statewide
outreach program to better inform potential recipients of the
existence and availability of food stamps under the food stamp
program. As part of the outreach program, the commissioner and
community action agencies shall encourage recipients in the use
of food stamps at food cooperatives. The commissioner shall
explore and pursue federal funding sources, and specifically,
apply for funding from the United States Department of
Agriculture for the food stamp outreach program.
Subd. 2. [ADMINISTRATION OF THE PROGRAM.] A community
association representing community action agencies under section
268.53, in consultation with the commissioner shall administer
the outreach program, issue the request for proposals, and
review and approve the potential grantee's plan. Grantees shall
comply with the monitoring and reporting requirements as
developed by the commissioner in accordance with subdivision 4,
and must also participate in the evaluation process as directed
by the commissioner. Grantees must successfully complete one
year of outreach and demonstrate compliance with all monitoring
and reporting requirements in order to be eligible for
additional funding.
Subd. 3. [PLAN CONTENT.] In approving the plan, the
association shall evaluate the plan and give highest priority to
a plan that:
(1) targets communities in which 50 percent or fewer of the
residents with incomes below 125 percent of the poverty level
receive food stamps;
(2) demonstrates that the grantee has the experience
necessary to administer the program;
(3) demonstrates a cooperative relationship with the local
county social service agencies;
(4) provides ways to improve the dissemination of
information on the food stamp program as well as other
assistance programs through a statewide hotline or other
community agencies;
(5) provides direct advocacy consisting of face-to-face
assistance with the potential applicants;
(6) improves access to the food stamp program by
documenting barriers to participation and advocating for changes
in the administrative structure of the program; and
(7) develops strategies for combatting community
stereotypes about food stamp recipients and the food stamp
program, misinformation about the program, and the stigma
associated with using food stamps.
Subd. 4. [COORDINATED DEVELOPMENT.] The commissioner shall
consult with representatives from the United States Department
of Agriculture, Minnesota Community Action Association, Food
First Coalition, Minnesota department of human services, Urban
Coalition/University of Minnesota extension services, county
social service agencies, local social service agencies, and
organizations that have previously administered state-funded
food stamp outreach programs to:
(1) develop the reporting requirements for the program;
(2) develop and implement the monitoring of the program;
(3) develop, coordinate, and assist in the evaluation
process; and
(4) provide an interim report to the legislature by January
1997, and a final report to the legislature by January 1998,
which includes the results of the evaluation and recommendations.
Sec. 22. Minnesota Statutes 1994, section 256.979, is
amended by adding a subdivision to read:
Subd. 9. [ACCRUAL OF SUPPORT OBLIGATIONS.] The
commissioner shall seek the waiver required under this section
only if the provision creating the centralized child support
payment center does not pass in the 1995 legislative session.
If the centralized child support payment center provision does
not pass, the commissioner shall seek a waiver from the
secretary of the Department of Health and Human Services to
enable the agency to accrue child support payments received on
behalf of both AFDC and non-AFDC clients until the sum total of
the money owed by the state agency to the client is at least
$10. Obligors shall be assessed a processing fee of $10 to be
retained by the county agency in every instance when both of the
following conditions exist:
(1) the obligor pays less than the required monthly support
obligation; and
(2) that reduced payment would result in a child support
payment to an AFDC or non-AFDC client of less than $10 for that
month.
Sec. 23. Minnesota Statutes 1994, section 256.983,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAMS ESTABLISHED.] Within the limits
of available appropriations, and to the extent required or
authorized by applicable federal regulations, the commissioner
of human services shall require the establishment of fraud
prevention investigation programs in the seven counties
participating in the fraud prevention investigation pilot
project established under section 256.983, and in 11 additional
Minnesota counties with the largest aid to families with
dependent children program caseloads as of July 1, 1991. If
funds are sufficient, the commissioner may also extend fraud
prevention investigation programs to: (1) other counties that
have welfare fraud control programs already in place based on
enhanced funding contracts covering the fraud investigation
function; and (2) counties that have the largest AFDC caseloads
as of July 1, 1994, and are not currently participating in the
fraud prevention investigation pilot project. The pilot project
may be expanded provided the expansion is budget neutral to the
state.
Sec. 24. [256.9850] [IDENTITY VERIFICATION.]
The commissioner of human services shall seek from the
secretary of Health and Human Services all necessary waivers of
the requirements of the program of AFDC, to enable the
commissioner to establish a statewide program to test the
effectiveness of identity verification systems in the electronic
benefit transfer systems in the state AFDC program. Identity
verification provisions shall be added to the statewide requests
for proposal on the expansion of electronic benefit transfer
systems in the AFDC program.
Sec. 25. [256.986] [COUNTY COORDINATION OF FRAUD CONTROL
ACTIVITIES.]
(a) The county agency shall prepare and submit to the
commissioner of human services by January 1 of each year a plan
to coordinate county duties related to the prevention,
investigation, and prosecution of fraud in public assistance
programs. Plans may be submitted on a voluntary basis prior to
January 1, 1996. Each county must submit its first annual plan
prior to January 1, 1997.
(b) Within the limits of appropriations specifically made
available for this purpose, the commissioner may make grants to
counties submitting plans under paragraph (a) to implement
coordination activities.
Sec. 26. Minnesota Statutes 1994, section 256B.0625,
subdivision 13, is amended to read:
Subd. 13. [DRUGS.] (a) Medical assistance covers drugs,
except for fertility drugs when specifically used to enhance
fertility, if prescribed by a licensed practitioner and
dispensed by a licensed pharmacist, or by a physician enrolled
in the medical assistance program as a dispensing physician.
The commissioner, after receiving recommendations from
professional medical associations and professional pharmacist
associations, shall designate a formulary committee to advise
the commissioner on the names of drugs for which payment is
made, recommend a system for reimbursing providers on a set fee
or charge basis rather than the present system, and develop
methods encouraging use of generic drugs when they are less
expensive and equally effective as trademark drugs. The
formulary committee shall consist of nine members, four of whom
shall be physicians who are not employed by the department of
human services, and a majority of whose practice is for persons
paying privately or through health insurance, three of whom
shall be pharmacists who are not employed by the department of
human services, and a majority of whose practice is for persons
paying privately or through health insurance, a consumer
representative, and a nursing home representative. Committee
members shall serve three-year terms and shall serve without
compensation. Members may be reappointed once.
(b) The commissioner shall establish a drug formulary. Its
establishment and publication shall not be subject to the
requirements of the administrative procedure act, but the
formulary committee shall review and comment on the formulary
contents. The formulary committee shall review and recommend
drugs which require prior authorization. The formulary
committee may recommend drugs for prior authorization directly
to the commissioner, as long as opportunity for public input is
provided. Prior authorization may be requested by the
commissioner based on medical and clinical criteria before
certain drugs are eligible for payment. Before a drug may be
considered for prior authorization at the request of the
commissioner:
(1) the drug formulary committee must develop criteria to
be used for identifying drugs; the development of these criteria
is not subject to the requirements of chapter 14, but the
formulary committee shall provide opportunity for public input
in developing criteria;
(2) the drug formulary committee must hold a public forum
and receive public comment for an additional 15 days; and
(3) the commissioner must provide information to the
formulary committee on the impact that placing the drug on prior
authorization will have on the quality of patient care and
information regarding whether the drug is subject to clinical
abuse or misuse. Prior authorization may be required by the
commissioner before certain formulary drugs are eligible for
payment. The formulary shall not include:
(i) drugs or products for which there is no federal
funding;
(ii) over-the-counter drugs, except for antacids,
acetaminophen, family planning products, aspirin, insulin,
products for the treatment of lice, vitamins for adults with
documented vitamin deficiencies, and vitamins for children under
the age of seven and pregnant or nursing women;
(iii) any other over-the-counter drug identified by the
commissioner, in consultation with the drug formulary committee,
as necessary, appropriate, and cost-effective for the treatment
of certain specified chronic diseases, conditions or disorders,
and this determination shall not be subject to the requirements
of chapter 14;
(iv) anorectics; and
(v) drugs for which medical value has not been established.
The commissioner shall publish conditions for prohibiting
payment for specific drugs after considering the formulary
committee's recommendations.
(c) The basis for determining the amount of payment shall
be the lower of the actual acquisition costs of the drugs plus a
fixed dispensing fee established by the commissioner, the
maximum allowable cost set by the federal government or by the
commissioner plus the fixed dispensing fee or the usual and
customary price charged to the public. Actual acquisition cost
includes quantity and other special discounts except time and
cash discounts. The actual acquisition cost of a drug shall be
estimated by the commissioner, at average wholesale price minus
7.6 percent effective January 1, 1994. The maximum allowable
cost of a multisource drug may be set by the commissioner and it
shall be comparable to, but no higher than, the maximum amount
paid by other third-party payors in this state who have maximum
allowable cost programs. Establishment of the amount of payment
for drugs shall not be subject to the requirements of the
administrative procedure act. An additional dispensing fee of
$.30 may be added to the dispensing fee paid to pharmacists for
legend drug prescriptions dispensed to residents of long-term
care facilities when a unit dose blister card system, approved
by the department, is used. Under this type of dispensing
system, the pharmacist must dispense a 30-day supply of drug.
The National Drug Code (NDC) from the drug container used to
fill the blister card must be identified on the claim to the
department. The unit dose blister card containing the drug must
meet the packaging standards set forth in Minnesota Rules, part
6800.2700, that govern the return of unused drugs to the
pharmacy for reuse. The pharmacy provider will be required to
credit the department for the actual acquisition cost of all
unused drugs that are eligible for reuse. Over-the-counter
medications must be dispensed in the manufacturer's unopened
package. The commissioner may permit the drug clozapine to be
dispensed in a quantity that is less than a 30-day supply.
Whenever a generically equivalent product is available, payment
shall be on the basis of the actual acquisition cost of the
generic drug, unless the prescriber specifically indicates
"dispense as written - brand necessary" on the prescription as
required by section 151.21, subdivision 2. Implementation of
any change in the fixed dispensing fee that has not been subject
to the administrative procedure act is limited to not more than
180 days, unless, during that time, the commissioner initiates
rulemaking through the administrative procedure act.
(d) Until the date the on-line, real-time Medicaid
Management Information System (MMIS) upgrade is successfully
implemented, as determined by the commissioner of
administration, a pharmacy provider may require individuals who
seek to become eligible for medical assistance under a one-month
spenddown, as provided in section 256B.056, subdivision 5, to
pay for services to the extent of the spenddown amount at the
time the services are provided. A pharmacy provider choosing
this option shall file a medical assistance claim for the
pharmacy services provided. If medical assistance reimbursement
is received for this claim, the pharmacy provider shall return
to the individual the total amount paid by the individual for
the pharmacy services reimbursed by the medical assistance
program. If the claim is not eligible for medical assistance
reimbursement because of the provider's failure to comply with
the provisions of the medical assistance program, the pharmacy
provider shall refund to the individual the total amount paid by
the individual. Pharmacy providers may choose this option only
if they apply similar credit restrictions to private pay or
privately insured individuals. A pharmacy provider choosing
this option must inform individuals who seek to become eligible
for medical assistance under a one-month spenddown of (1) their
right to appeal the denial of services on the grounds that they
have satisfied the spenddown requirement, and (2) their
potential eligibility for the MinnesotaCare program or the
children's health plan.
Sec. 27. Minnesota Statutes 1994, section 256D.01,
subdivision 1a, is amended to read:
Subd. 1a. [STANDARDS.] (a) A principal objective in
providing general assistance is to provide for persons
ineligible for federal programs who are unable to provide for
themselves. The minimum standard of assistance determines the
total amount of the general assistance grant without separate
standards for shelter, utilities, or other needs.
(b) The commissioner shall set the standard of assistance
for an assistance unit consisting of an adult recipient who is
childless and unmarried or living apart from children and spouse
and who does not live with a parent or parents or a legal
custodian. When the other standards specified in this
subdivision increase, this standard must also be increased by
the same percentage.
(c) For an assistance unit consisting of a single adult who
lives with a parent or parents, the general assistance standard
of assistance is the amount that the aid to families with
dependent children standard of assistance would increase if the
recipient were added as an additional minor child to an
assistance unit consisting of the recipient's parent and all of
that parent's family members, except that the standard may not
exceed the standard for a general assistance recipient living
alone. Benefits received by a responsible relative of the
assistance unit under the supplemental security income program,
a workers' compensation program, the Minnesota supplemental aid
program, or any other program based on the responsible
relative's disability, and any benefits received by a
responsible relative of the assistance unit under the social
security retirement program, may not be counted in the
determination of eligibility or benefit level for the assistance
unit. Except as provided below, the assistance unit is
ineligible for general assistance if the available resources or
the countable income of the assistance unit and the parent or
parents with whom the assistance unit lives are such that a
family consisting of the assistance unit's parent or parents,
the parent or parents' other family members and the assistance
unit as the only or additional minor child would be financially
ineligible for general assistance. For the purposes of
calculating the countable income of the assistance unit's parent
or parents, the calculation methods, income deductions,
exclusions, and disregards used when calculating the countable
income for a single adult or childless couple must be used.
(d) For an assistance unit consisting of a childless
couple, the standards of assistance are the same as the first
and second adult standards of the aid to families with dependent
children program. If one member of the couple is not included
in the general assistance grant, the standard of assistance for
the other is the second adult standard of the aid to families
with dependent children program.
(e) For an assistance unit consisting of all members of a
family, the standards of assistance are the same as the
standards of assistance that apply to a family under the aid to
families with dependent children program if that family had the
same number of parents and children as the assistance unit under
general assistance and if all members of that family were
eligible for the aid to families with dependent children
program. If one or more members of the family are not included
in the assistance unit for general assistance, the standards of
assistance for the remaining members are the same as the
standards of assistance that apply to an assistance unit
composed of the entire family, less the standards of assistance
for a family of the same number of parents and children as those
members of the family who are not in the assistance unit for
general assistance. In no case shall the standard for family
members who are in the assistance unit for general assistance,
when combined with the standard for family members who are not
in the general assistance unit, total more than the standard for
the entire family if all members were in an AFDC assistance
unit. A child may not be excluded from the assistance unit
unless income intended for its benefit is received from a
federally aided categorical assistance program or supplemental
security income. The income of a child who is excluded from the
assistance unit may not be counted in the determination of
eligibility or benefit level for the assistance unit.
(f) An assistance unit consisting of one or more members of
a family must have its grant determined using the policies and
procedures of the aid to families with dependent children
program, except that, until June 30, 1995, in cases where a
county agency has developed or approved a case plan that
includes reunification with the children, foster care
maintenance payments made under state or local law for a child
who is temporarily absent from the assistance unit must not be
considered income to the child and the payments must not be
counted in the determination of the eligibility or benefit level
of the assistance unit. Otherwise, the standard of assistance
must be determined according to paragraph (e); the first $50 of
total child support received by an assistance unit in a month
must be excluded and the balance counted as unearned income; and
nonrecurring lump sums received by the family must be considered
income in the month received and a resource in the following
months.
Sec. 28. Minnesota Statutes 1994, section 256D.03,
subdivision 4, is amended to read:
Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a)
For a person who is eligible under subdivision 3, paragraph (a),
clause (3), general assistance medical care covers, except as
provided in paragraph (c):
(1) inpatient hospital services;
(2) outpatient hospital services;
(3) services provided by Medicare certified rehabilitation
agencies;
(4) prescription drugs and other products recommended
through the process established in section 256B.0625,
subdivision 13;
(5) equipment necessary to administer insulin and
diagnostic supplies and equipment for diabetics to monitor blood
sugar level;
(6) eyeglasses and eye examinations provided by a physician
or optometrist;
(7) hearing aids;
(8) prosthetic devices;
(9) laboratory and X-ray services;
(10) physician's services;
(11) medical transportation;
(12) chiropractic services as covered under the medical
assistance program;
(13) podiatric services;
(14) dental services;
(15) outpatient services provided by a mental health center
or clinic that is under contract with the county board and is
established under section 245.62;
(16) day treatment services for mental illness provided
under contract with the county board;
(17) prescribed medications for persons who have been
diagnosed as mentally ill as necessary to prevent more
restrictive institutionalization;
(18) case management services for a person with serious and
persistent mental illness who would be eligible for medical
assistance except that the person resides in an institution for
mental diseases;
(19) psychological services, medical supplies and
equipment, and Medicare premiums, coinsurance and deductible
payments;
(20) medical equipment not specifically listed in this
paragraph when the use of the equipment will prevent the need
for costlier services that are reimbursable under this
subdivision; and
(21) services performed by a certified pediatric nurse
practitioner, a certified family nurse practitioner, a certified
adult nurse practitioner, a certified obstetric/gynecological
nurse practitioner, or a certified geriatric nurse practitioner
in independent practice, if the services are otherwise covered
under this chapter as a physician service, and if the service is
within the scope of practice of the nurse practitioner's license
as a registered nurse, as defined in section 148.171.
(b) Except as provided in paragraph (c), for a recipient
who is eligible under subdivision 3, paragraph (a), clause (1)
or (2), general assistance medical care covers the services
listed in paragraph (a) with the exception of special
transportation services.
(c) Gender reassignment surgery and related services are
not covered services under this subdivision unless the
individual began receiving gender reassignment services prior to
July 1, 1995.
(d) In order to contain costs, the commissioner of human
services shall select vendors of medical care who can provide
the most economical care consistent with high medical standards
and shall where possible contract with organizations on a
prepaid capitation basis to provide these services. The
commissioner shall consider proposals by counties and vendors
for prepaid health plans, competitive bidding programs, block
grants, or other vendor payment mechanisms designed to provide
services in an economical manner or to control utilization, with
safeguards to ensure that necessary services are provided.
Before implementing prepaid programs in counties with a county
operated or affiliated public teaching hospital or a hospital or
clinic operated by the University of Minnesota, the commissioner
shall consider the risks the prepaid program creates for the
hospital and allow the county or hospital the opportunity to
participate in the program in a manner that reflects the risk of
adverse selection and the nature of the patients served by the
hospital, provided the terms of participation in the program are
competitive with the terms of other participants considering the
nature of the population served. Payment for services provided
pursuant to this subdivision shall be as provided to medical
assistance vendors of these services under sections 256B.02,
subdivision 8, and 256B.0625. For payments made during fiscal
year 1990 and later years, the commissioner shall consult with
an independent actuary in establishing prepayment rates, but
shall retain final control over the rate methodology.
(d) (e) The commissioner of human services may reduce
payments provided under sections 256D.01 to 256D.21 and 261.23
in order to remain within the amount appropriated for general
assistance medical care, within the following restrictions.
For the period July 1, 1985 to December 31, 1985,
reductions below the cost per service unit allowable under
section 256.966, are permitted only as follows: payments for
inpatient and outpatient hospital care provided in response to a
primary diagnosis of chemical dependency or mental illness may
be reduced no more than 30 percent; payments for all other
inpatient hospital care may be reduced no more than 20 percent.
Reductions below the payments allowable under general assistance
medical care for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than ten percent.
For the period January 1, 1986 to December 31, 1986,
reductions below the cost per service unit allowable under
section 256.966 are permitted only as follows: payments for
inpatient and outpatient hospital care provided in response to a
primary diagnosis of chemical dependency or mental illness may
be reduced no more than 20 percent; payments for all other
inpatient hospital care may be reduced no more than 15 percent.
Reductions below the payments allowable under general assistance
medical care for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than five percent.
For the period January 1, 1987 to June 30, 1987, reductions
below the cost per service unit allowable under section 256.966
are permitted only as follows: payments for inpatient and
outpatient hospital care provided in response to a primary
diagnosis of chemical dependency or mental illness may be
reduced no more than 15 percent; payments for all other
inpatient hospital care may be reduced no more than ten
percent. Reductions below the payments allowable under medical
assistance for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than five percent.
For the period July 1, 1987 to June 30, 1988, reductions
below the cost per service unit allowable under section 256.966
are permitted only as follows: payments for inpatient and
outpatient hospital care provided in response to a primary
diagnosis of chemical dependency or mental illness may be
reduced no more than 15 percent; payments for all other
inpatient hospital care may be reduced no more than five percent.
Reductions below the payments allowable under medical assistance
for the remaining general assistance medical care services
allowable under this subdivision may be reduced no more than
five percent.
For the period July 1, 1988 to June 30, 1989, reductions
below the cost per service unit allowable under section 256.966
are permitted only as follows: payments for inpatient and
outpatient hospital care provided in response to a primary
diagnosis of chemical dependency or mental illness may be
reduced no more than 15 percent; payments for all other
inpatient hospital care may not be reduced. Reductions below
the payments allowable under medical assistance for the
remaining general assistance medical care services allowable
under this subdivision may be reduced no more than five percent.
There shall be no copayment required of any recipient of
benefits for any services provided under this subdivision. A
hospital receiving a reduced payment as a result of this section
may apply the unpaid balance toward satisfaction of the
hospital's bad debts.
(e) (f) Any county may, from its own resources, provide
medical payments for which state payments are not made.
(f) (g) Chemical dependency services that are reimbursed
under chapter 254B must not be reimbursed under general
assistance medical care.
(g) (h) The maximum payment for new vendors enrolled in the
general assistance medical care program after the base year
shall be determined from the average usual and customary charge
of the same vendor type enrolled in the base year.
(h) (i) The conditions of payment for services under this
subdivision are the same as the conditions specified in rules
adopted under chapter 256B governing the medical assistance
program, unless otherwise provided by statute or rule.
Sec. 29. [256D.045] [SOCIAL SECURITY NUMBER REQUIRED.]
To be eligible for general assistance under sections
256D.01 to 256D.21, an individual must provide the individual's
social security number to the county agency or submit proof that
an application has been made. The provisions of this section do
not apply to the determination of eligibility for emergency
general assistance under section 256D.06, subdivision 2.
Sec. 30. Minnesota Statutes 1994, section 256D.05,
subdivision 6, is amended to read:
Subd. 6. [ASSISTANCE FOR PERSONS WITHOUT A VERIFIED
RESIDENCE.] (a) For applicants or recipients of general
assistance, emergency general assistance, or work readiness
assistance who do not have a verified residence address, the
county agency may provide assistance using one or more of the
following methods:
(1) the county agency may provide assistance in the form of
vouchers or vendor payments and provide separate vouchers or
vendor payments for food, shelter, and other needs;
(2) the county agency may divide the monthly assistance
standard into weekly payments, whether in cash or by voucher or
vendor payment. Nothing in this clause prevents the county
agency from issuing voucher or vendor payments for emergency
general assistance in an amount less than the standards of
assistance; and
(3) the county agency may determine eligibility and provide
assistance on a weekly basis. Weekly assistance can be issued
in cash or by voucher or vendor payment and can be determined
either on the basis of actual need or by prorating the monthly
assistance standard; and
(4) for the purposes of clauses (2) and (3), the county
agency may divide the monthly assistance standard as follows:
$50 per week for each of the first three weeks, and the
remainder for the fourth week.
(b) An individual may verify a residence address by
providing a driver's license; a state identification card; a
statement by the landlord, apartment manager, or homeowner
verifying that the individual is residing at the address; or
other written documentation approved by the commissioner.
(c) Notwithstanding the provisions of section 256D.06,
subdivision 1, if the county agency elects to provide assistance
on a weekly payment basis, the agency may not provide assistance
for a period during which no need is claimed by the individual
unless the individual has good cause for failing to claim need.
The individual must be notified, each time weekly assistance is
provided, that subsequent weekly assistance will not be issued
unless the individual claims need. The advance notice required
under section 256D.10 does not apply to weekly assistance that
is withheld because the individual failed to claim need without
good cause.
(d) The county agency may not issue assistance on a weekly
basis to an applicant or recipient who has professionally
certified mental illness or mental retardation or a related
condition, or to an assistance unit that includes minor
children, unless requested by the assistance unit.
Sec. 31. [256D.0511] [LUMP-SUM PAYMENTS.]
Subdivision 1. [INELIGIBILITY.] Applicants for general
assistance or work readiness who are ineligible for AFDC due to
a nonrecurring lump-sum payment or recipients of general
assistance or work readiness are ineligible for general
assistance and work readiness benefits for the period described
below unless the person demonstrates that the lump-sum payment
was used for basic needs.
Subd. 2. [BUDGETING LUMP SUMS.] Nonrecurring lump-sum
income received by a recipient of general assistance or work
readiness assistance must be budgeted in the normal
retrospective cycle. Nonrecurring lump-sum income received by
an applicant for general assistance or work readiness who is
ineligible for AFDC due to a nonrecurring lump-sum payment is
prospectively budgeted.
Subd. 3. [PERIOD OF INELIGIBILITY.] The period of
ineligibility determined under the AFDC program shall be used
when computing eligibility for applicants for general assistance
or work readiness who are ineligible for AFDC due to receipt of
a nonrecurring lump-sum payment. Recipients of general
assistance or work readiness who receive nonrecurring lump-sum
income shall have their period of ineligibility determined using
the AFDC policy defined in section 256.74, subdivision 1.
Subd. 4. [SHORTENING A PERIOD OF INELIGIBILITY.]
Applicants for general assistance or work readiness who are
ineligible for AFDC due to receipt of a lump sum must cooperate
in determining if the AFDC period of ineligibility can be
shortened under section 256.74, subdivision 1, as a condition of
eligibility for general assistance or work readiness. For
applicants and recipients of general assistance or work
readiness, the period of ineligibility must be shortened when
the assistance unit provides documentation that part or all of
the lump-sum income has been expended for basic needs as defined
in subdivision 5.
Subd. 5. [DEFINITIONS.] As used in this section, the
following words have the meanings given:
(1) "assistance unit," for purposes of applying the
lump-sum provision, is defined as all persons whose needs are
taken into account in determining eligibility and the amount of
assistance payment; and
(2) "basic needs" are defined as the minimum personal
requirements of subsistence and are restricted to:
(i) food;
(ii) clothing;
(iii) shelter;
(iv) utilities;
(v) other items of which the loss or lack of is determined
by the county agency to pose a direct immediate threat to the
physical health or safety of a member of the assistance unit;
(vi) education, training, and work expenses necessary to
become economically self-sufficient; and
(vii) medical expenses.
Sec. 32. [256D.055] [COUNTY DESIGN; WORK FOCUSED PROGRAM.]
The commissioner of human services shall issue a request
for proposals from counties to submit a plan for developing and
implementing a county-designed program. The plan shall be for
first-time applicants for aid to families with dependent
children (AFDC) and family general assistance (FGA) and must
emphasize the importance of becoming employed and oriented into
the work force in order to become self-sufficient. The plan
must target public assistance applicants who are most likely to
become self-sufficient quickly with short-term assistance or
services such as child care, child support enforcement, or
employment and training services.
The plan may include vendor payments, mandatory job search,
refocusing existing county or provider efforts, or other program
features. The commissioner may approve a county plan which
allows a county to use other program funding for the county work
focus program in a more flexible manner. Nothing in this
section shall allow payments made to the public assistance
applicant to be less than the amount the applicant would have
received if the program had not been implemented, or reduce or
eliminate a category of eligible participants from the program
without legislative approval.
The commissioner shall not approve a county plan that would
have an adverse impact on the Minnesota family investment plan
demonstration. If the plan is approved by the commissioner, the
county may implement the plan. If the plan is approved by the
commissioner, but a federal waiver is necessary to implement the
plan, the commissioner shall apply for the necessary federal
waivers. If by July 1, 1996, at least four counties have not
proposed a work focused plan, the commissioner of human services
may pursue the work first plan as provided under Minnesota
Statutes, sections 256.7351 to 256.7359. However, a county with
a work focus plan that has been approved under this section may
implement the plan.
Sec. 33. Minnesota Statutes 1994, section 256D.09,
subdivision 2a, is amended to read:
Subd. 2a. [REPRESENTATIVE PAYEE VENDOR PAYMENTS FOR DRUG
DEPENDENT PERSONS.] 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 or work readiness
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, the
decision to refer a person for the assessment, and the county
determination of whether a representative payee will be assigned
are subject to the administrative and judicial review provisions
of section 256.045. However, notwithstanding any provision of
section 256.045 to the contrary, an applicant or recipient who
is referred for an assessment and is otherwise eligible to
receive a general assistance or work readiness benefit, may only
be provided with emergency general assistance or vendor payments
pending the outcome of an administrative or judicial review.
If, at the time of application or at any other time, there is a
reasonable basis for questioning whether a person applying for
or receiving financial assistance or a work readiness assistance
grant is drug dependent, as defined in section 254A.02,
subdivision 5, the person may shall 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 and the results of the assessment made
available to the county agency. A reasonable basis
for questioning whether a person is drug dependent referring an
individual for an assessment exists when:
(1) the person has required detoxification two or more
times in the past 12 months;
(2) the person appears intoxicated at the county agency as
indicated by two or more of the following:
(i) the odor of alcohol;
(ii) slurred speech;
(iii) disconjugate gaze;
(iv) impaired balance;
(v) difficulty remaining awake;
(vi) consumption of alcohol;
(vii) responding to sights or sounds that are not actually
present;
(viii) extreme restlessness, fast speech, or unusual
belligerence;
(3) the person has been involuntarily committed for drug
dependency at least once in the past 12 months; or
(4) the person has received treatment, including
domiciliary care, for drug abuse or dependency at least twice in
the past 12 months.
The assignment to representative payee status must be
reviewed at least every 12 months. The county agency shall
designate the representative payee after consultation with the
recipient. The county agency shall select the representative
payee from appropriate individuals, or public or nonprofit
agencies, including those suggested by the recipient, but the
county agency's designation of representative payee prevails,
subject to the administrative and judicial review provisions of
section 256.045.
The assessment and determination of drug dependency, if
any, must be made by an assessor qualified under Minnesota
Rules, part 9530.6615, subpart 2, to perform an assessment of
chemical use. The county shall only provide emergency general
assistance or vendor payments to an otherwise eligible applicant
or recipient who is determined to be drug dependent, except up
to 15 percent of the grant amount the person would otherwise
receive may be paid in cash. Notwithstanding subdivision 1, the
commissioner of human services shall also require county
agencies to provide assistance only in the form of vendor
payments to all eligible recipients who assert chemical
dependency as a basis for eligibility under section 256D.05,
subdivision 1, paragraph (a), clauses (1) and (6).
The determination of drug dependency shall be reviewed at
least every 12 months. If the county determines a recipient is
no longer drug dependent, the county may cease vendor payments
and provide the recipient payments in cash.
Sec. 34. Minnesota Statutes 1994, section 256D.09, is
amended by adding a subdivision to read:
Subd. 5. [VENDOR PAYMENTS TO LANDLORDS.] The affected
county may require that assistance paid under the emergency
general assistance program in the form of a rental unit damage
deposit, less any amount retained by the landlord to remedy a
tenant's default in payment of rent or other funds due to the
landlord pursuant to a rental agreement, or to restore the
premises to the condition at the commencement of the tenancy,
ordinary wear and tear excepted, be returned to the county when
the individual vacates the premises or paid to the recipient's
new landlord as a vendor payment. The vendor payment of
returned funds shall not be considered a new use of emergency
assistance.
Sec. 35. Minnesota Statutes 1994, section 256D.09, is
amended by adding a subdivision to read:
Subd. 6. [RECOVERY OF OVERPAYMENTS.] (a) If an amount of
general assistance, family general assistance, or work readiness
assistance is paid to a recipient in excess of the payment due,
it shall be recoverable by the county agency. The agency shall
give written notice to the recipient of its intention to recover
the overpayment.
(b) When an overpayment occurs, the county agency shall
recover the overpayment from a current recipient by reducing the
amount of aid payable to the assistance unit of which the
recipient is a member, for one or more monthly assistance
payments, until the overpayment is repaid. All county agencies
in the state shall reduce the assistance payment by three
percent of the assistance unit's standard of need or the amount
of the monthly payment, whichever is less, for all overpayments
whether or not the overpayment is due solely to agency error.
The amount of this reduction is ten percent, if the overpayment
is due solely to having wrongfully obtained assistance, whether
based on:
(1) a court order;
(2) the finding of an administrative fraud disqualification
hearing or the waiver of such a hearing; or
(3) a confession or judgment containing an admission of an
intentional program violation.
(c) In cases when there is both an overpayment and
underpayment, the county agency shall offset one against the
other in correcting the payment.
(d) Overpayments may also be voluntarily repaid, in part or
in full, by the individual, in addition to the aid reductions
provided in this subdivision, until the total amount of the
overpayment is repaid.
(e) The county agency shall make reasonable efforts to
recover overpayments to persons no longer on assistance under
standards adopted in rule by the commissioner of human
services. The county agency need not attempt to recover
overpayments of less than $35 paid to an individual no longer on
assistance if the individual does not receive assistance again
within three years, unless the individual has been convicted of
violating section 256.98.
Sec. 36. [EMPOWERMENT ZONES; ADMINISTRATIVE SIMPLIFICATION
OF WELFARE LAWS.]
(a) The commissioner of human services shall make
recommendations to effectuate the changes in federal laws and
regulations, state laws and rules, and the state plan to improve
the administrative efficiency of the aid to families with
dependent children, general assistance, work readiness, family
general assistance, medical assistance, general assistance
medical care, and food stamp programs. At a minimum, the
following administrative standards and procedures must be
changed.
The commissioner shall:
(1) require income or eligibility reviews no more
frequently than annually for cases in which income is normally
invariant, as in aid to families with dependent children cases
where the only source of household income is Supplemental Social
Security Income;
(2) permit households to report income annually when the
source of income is excluded, such as a minor's earnings;
(3) require income or eligibility reviews no more
frequently than annually for extended medical assistance cases;
(4) require income or eligibility reviews no more
frequently than annually for a medical assistance postpartum
client, where the client previously had eligibility under a
different basis prior to pregnancy or if other household members
have eligibility with the same income/basis that applies to the
client;
(5) permit all income or eligibility reviews for foster
care medical assistance cases to use the short application form;
(6) make dependent care expenses declaratory for medical
assistance; and
(7) permit households to only report gifts worth $100 or
more per month.
(b) The county's administrative savings resulting from
these changes may be allocated to fund any lawful purpose.
(c) The recommendations must be provided in a report to the
chairs of the appropriate legislative committees by August 1,
1995. The recommendations must include a list of the
administrative standards and procedures that require approval by
the federal government before implementation, and also which
administrative simplification standards and procedures may be
implemented by a county prior to receiving a federal waiver.
(d) The commissioner shall seek the necessary waivers from
the federal government as soon as possible to implement the
administrative simplification standards and procedures.
Sec. 37. [EMPOWERMENT ZONES.]
Certain local agencies, in consultation with the
commissioners of human services and labor and industry shall
develop, by December 1, 1995, a plan to improve the employment
opportunities available to unemployed and underemployed citizens
at risk of becoming public assistance recipients. The
employment activities shall be focused on improving public
infrastructure, enhancing the local tax base, improving the
quality of available housing, reducing crime, designing
strategies for job skill enhancement, strengthening communities,
and maintaining and improving natural systems. The plan shall
be developed by the city council, county board, county and city
park boards, and the school board of the city or cities in which
projects are undertaken. The plan shall include details of all
projects, including: specific project sites delineated on local
maps; estimates of the total public cost required to transform a
poverty zone to a highly developable site; a five-, ten-, and
15-year economic impact model of the potential new revenue
streams created by the project, including income, sales,
employment, and property taxes generated, savings from
environmental, welfare, and crime mitigation, and other economic
benefits; an identification of existing federal, state, and
local funding sources for which the projects may qualify; and
draft legislation for the 1996 legislature needed to expedite
development of the projects. Organized labor shall be consulted
in the development of the plan and implementation of any work
activities and the University of Minnesota shall aid in the
development of economic and technical support. Participating
jurisdictions shall report back to the chairs of the senate
finance and tax committees and the house ways and means and tax
committees by August 1, 1995, with an outline for the plan, as
identified by the local taxing jurisdictions. This section will
sunset effective June 30, 1997.
Sec. 38. [CHILD CARE SELF-EMPLOYMENT PROJECT.]
The commissioners of human services and economic security
shall develop a plan for an AFDC grant diversion pilot project
in Region 6E, to commence October 1, 1996. The purpose of the
project is to enable AFDC caretakers to become self-sufficient.
The Community Action Agency and the Child Care Resource and
Referral Agency of that region shall work together to train and
place qualified AFDC caretakers in child care centers or
licensed family child care homes. The pilot shall be operated
without the use of additional state funds. Child care
development funds available for this region may be used to start
up or expand child care services in this region.
Sec. 39. [PARENT'S FAIR SHARE REPORT.]
The commissioner of human services shall report to the
chairs of the human services policy and funding committees of
the legislature by January 15, 1996, recommendations for
establishing a statewide employment and training program for
unemployed noncustodial parents modeled after the national
parent's fair share pilot project. The report shall include
cost estimates and must be developed in consultation with the
departments of trade and economic development and economic
security, and with counties that participate in the pilot
project and other interested counties.
Sec. 40. [PARENT'S FAIR SHARE.]
Money appropriated for the Minnesota parent's fair share
program must be paid to the participating counties, in the form
of quarterly advances, under the terms of the contract between
the department and the counties. Federal JOBS financial
participation funds earned by the Minnesota parent's fair share
program are appropriated to the commissioner and must be
refunded to the participating counties in accordance with the
terms of the contracts.
Sec. 41. [PROGRAM INTEGRITY.]
Unexpended money appropriated for program integrity
initiatives in fiscal year 1996 does not cancel but is available
for this purpose in fiscal year 1997.
Sec. 42. [WELFARE REFORM.]
Unexpended money appropriated for welfare reform
initiatives in fiscal year 1996 does not cancel but is available
to the commissioner for those initiatives including work first,
work focus, and the temporary county assistance program, in
fiscal year 1997.
Sec. 43. [CHILD CARE COOPERATIVES.]
A county may collaborate and coordinate efforts with school
districts, local youth centers, and other organizations to
provide cooperative child care services at a convenient location
and provide a low-cost alternative to day care services. The
county may collaborate with the local school district or an
organization near a school. The county is encouraged to explore
other nontraditional suitable locations for community day care
services and consult with parents and others who are interested
in establishing a day care cooperative.
Parents must be given an opportunity to participate in the
child care cooperatives. Incentives offered to parents to
participate in the cooperative may include reduced day care
costs for an appropriate amount of time or a few hours of free
child care that provides a parent with a short respite.
For purposes of the collaborative effort, the county may
request a waiver of Minnesota Rules, part 9565.5025, subpart 2,
to implement the program. This waiver would reduce the barriers
the applicant faces when applying for child care by specifically
allowing the applicant to initially declare income, instead of
being required to document income. The county may also request
a waiver of rules related to day care requirements to provide
more flexibility in developing and implementing the cooperative.
Sec. 44. [SEAMLESS CHILD CARE SYSTEM.]
The commissioner of human services shall examine the
feasibility of implementing a seamless child care system
statewide by July 1, 1996. The seamless child care system must
provide a consistent approach to administering child care by
consolidating the different child care programs under Minnesota
Statutes, chapter 256H, and Minnesota Statutes, section
136A.125, streamlining all child care funding available under
Minnesota Statutes, chapter 256H, and Minnesota Statutes,
section 136A.125, and making consistent the laws and rules to
govern the child care system.
The commissioner shall report to the legislature by
November 1995. The report must contain recommendations as to
how to develop and implement the system statewide, proposed
uniform eligibility criteria, a list of necessary federal
waivers, a list of the statutes and rules that must be repealed
or amended, and an estimate of state and county savings
resulting from the reduction in administrative duties.
Sec. 45. [MINNESOTA PARENT'S FAIR SHARE; COMMUNITY WORK
EXPERIENCE.]
The Minnesota parent's fair share pilot project shall
include a community work experience component for participants
who fail to comply with the requirements of the pilot project.
Sec. 46. [FEDERAL WAIVER PACKAGE.]
Subdivision 1. [REQUEST.] The commissioner of human
services shall make a single request for the waivers listed in
this section to the United States Department of Health and Human
Services. The waivers in the package support and encourage AFDC
recipients to move from reliance on welfare to
self-sufficiency. The commissioner shall explore alternatives
to the federally required waiver evaluation process in an effort
to reduce evaluation costs and develop a cost-effective
evaluation process for the waiver package in this section.
While also exploring other possible alternatives, the
commissioner shall investigate the feasibility of the
following: (1) one evaluation for the entire waiver package;
(2) consolidation of evaluation efforts for the same or similar
waiver with another state; and (3) completion of the evaluation
internally, possibly by the office of legislative auditor. The
commissioner shall notify the revisor of statutes when each
waiver is approved by the federal government.
Subd. 2. [WAIVER TO DISALLOW PARENTAL INCOME OF A PREGNANT
OR PARENTING MINOR LIVING WITH PARENTS.] The commissioner shall
seek the following waivers: (1) from the filing unit
requirement in Code of Federal Regulations, title 45, section
206.10(a)(1)(vii), for minor parents living with a parent on
AFDC with other dependent children, resulting in the minor
parent receiving the same separate need standard available if
the minor parent's parent was not on AFDC; (2) to disregard all
parental income if the parent is on AFDC with other children;
and (3) if the parent is not on AFDC with other children, to
disregard income equal to 200 percent of the federal poverty
guideline for a family size not including the minor parent and
the minor parent's child and deem the remainder of income under
Code of Federal Regulations, title 45, section
233.20(a)(3)(xviii). The general policy in requesting these
waivers is to keep the family intact and give the minor parent,
the dependent child, and the grandparent an incentive to
continue living together as a family.
Subd. 3. [WAIVER TO ALLOW START WORK OFFSET.] The
commissioner shall seek a waiver of the federal regulation which
requires the state to recover AFDC overpayments from the
assistance unit if the overpayment occurred in the month the
assistance unit started working and the overpayment resulted
from the assistance unit's increased earnings. This "start work
offset" is available to an assistance unit every two years.
Subd. 4. [WAIVER OF THE 100-HOUR RULE; WORK HISTORY
REQUIREMENT; 30-DAY WAITING PERIOD REQUIREMENT.] The
commissioner shall seek a waiver to eliminate the 100-hour rule
under Code of Federal Regulations, title 45, section
233.100(a)(1)(i); the eligibility requirement for past
employment history under Code of Federal Regulations, title 45,
section 233.100(a)(3)(iii); and the requirement for a 30-day
waiting period under Code of Federal Regulations, title 45,
section 233.100(a)(3)(i).
Subd. 5. [WAIVER OF MOTOR VEHICLE RESOURCE LIMIT.] The
commissioner shall seek a waiver to increase the maximum equity
value of a licensed motor vehicle, which can be excluded as a
resource under the federal regulations, from $1,500 to the level
permitted under the federal Food Stamp Program. This waiver is
essential for AFDC recipients who need reliable transportation
to participate in education, work, and training to become
self-sufficient.
Subd. 6. [WAIVER TO ALLOW STUDENTS TO EARN INCOME.] The
commissioner shall seek a waiver of the federal regulation which
includes the earned income of dependent children and minor
caretakers who are attending school at least half time when
determining eligibility for AFDC. The commissioner shall also
seek a waiver which allows savings set aside in a separate
account designated specifically for future education or
employment needs to be excluded from the AFDC resource limits.
Subd. 7. [GRANT AMOUNT WAIVER.] The commissioner of human
services shall seek federal waivers as necessary in order to
adjust AFDC assistance payment amounts so that, notwithstanding
the provisions of Minnesota Statutes, section 256.74,
subdivision 1, the amount of assistance granted to an eligible
family in which all members have resided in Minnesota for less
than 12 months shall be the lesser of the maximum payment
standard that would have been received by that family from the
state of immediate prior residence, or the amount calculated in
accordance with Minnesota Rules, parts 9500.2440 to 9500.2480.
Subd. 8. [IMPLEMENTATION.] The commissioner shall
implement the program changes authorized under this subdivision
promptly upon approval of the waiver, provided all conditions
are met under Minnesota Statutes, section 256.01, subdivision 2,
clause (12).
Subd. 9. [EVALUATION.] If any of the federal waivers are
granted, the commissioner shall evaluate the program changes
according to federal waiver requirements and, if necessary,
submit reports to the legislature within a time frame consistent
with the evaluation criteria that are established.
Subd. 10. [ADDITIONAL WAIVER REQUEST FOR EMPLOYED DISABLED
PERSONS.] The commissioner shall seek a federal waiver in order
to implement a work incentive for disabled persons eligible for
medical assistance who are not residents of long-term care
facilities. The waiver shall request authorization to establish
a medical assistance earned income disregard for employed
disabled persons who are eligible for SSDI and who receive
personal care assistance under the Medical Assistance Program.
The disregard shall be equivalent to the threshold amount
applied to persons who qualify under section 1619(b) of the
Social Security Act, except that when a disabled person's earned
income reaches the maximum income permitted at the threshold
under section 1619(b), the person shall retain medical
assistance eligibility and must contribute to the costs of
medical care on a sliding fee basis.
Sec. 47. [MAXIMIZING MAXIS; FRAUD RECOVERY EFFORTS.]
The commissioner of human services shall submit a plan to
the legislature by December 1, 1995, to maximize the capability
of the MAXIS system to aid in fraud control. The commissioner
shall explore ways of using the MAXIS system to establish or
expand recovery efforts, certify debts, and collect overpayments
due to fraud, client error, or agency error in all state and
federally funded public assistance programs. The commissioner
shall also make recommendations for sharing recovered revenues
under this program with counties to provide incentives to both
the state and county to begin or maintain aggressive recovery
efforts.
Sec. 48. [APPROPRIATIONS.]
Subdivision 1. [APPROPRIATIONS.] The appropriations in
this section are from the general fund to the commissioner of
human services and are available for the biennium ending June
30, 1997, unless otherwise specified in the following
subdivisions.
Subd. 2. [FOOD STAMP OUTREACH.] $150,000 is appropriated
for the food stamp outreach program authorized by Minnesota
Statutes, section 256.8799.* (The preceding subdivision was
vetoed by the governor.)
Subd. 3. [MINNESOTA PARENT'S FAIR SHARE PILOT
PROJECT.] $800,000 is appropriated for the following purposes:
(a) $400,000 for a grant to Ramsey county to enable the
county to expand the Minnesota parent's fair share pilot
project. As a condition of this grant, the commissioner may
require a local match from the county.
(b) $100,000 is added to the appropriation to Anoka county
for costs associated with the Minnesota parent's fair share
pilot project.
(c) $100,000 is added to the appropriation to Dakota county
for costs associated with the Minnesota parent's fair share
pilot project.
(d) $200,000 for costs associated with the mandatory
community work experience component of the Minnesota parent's
fair share pilot project.
Subd. 4. [INTENSIVE LANGUAGE PROGRAM.] $1,025,000 is
appropriated to the commissioner of human services for the
purpose of the training and education costs associated with the
intensive six-month language program for non-English speaking
mandatory STRIDE and CWEP participants, and is available for the
fiscal year beginning July 1, 1996. This appropriation is in
addition to any other appropriation for training and education
for non-English speaking STRIDE participants. The commissioner
of human services shall consult with the commissioner of
education, on a regular basis, in the planning and
implementation of the intensive program and shall ensure that
funding follows the student to avoid unfunded mandates.
Subd. 5. [INJURY PROTECTION FOR WORK EXPERIENCE
PARTICIPANTS.] $351,000 is appropriated to pay for costs
associated with the claims arising from the injury protection
program, established under Minnesota Statutes, section 256.737.
Subd. 6. [SOCIAL SERVICES EVALUATION.] $660,000 is
appropriated to pay for county costs associated with minor
caretaker evaluations.
Subd. 7. [AFDC CHILD CARE.] $520,000 is added to the
appropriation to pay for child care costs incurred by STRIDE
participants under Minnesota Statutes, section 256.736,
subdivisions 14a and 20.
Subd. 8. [AFDC GRANTS.] $1,687,000 is added to the
appropriation for the aid to families with dependent children
program for the fiscal year beginning July 1, 1996.
Subd. 9. [COUNTY COORDINATION OF FRAUD CONTROL
ACTIVITIES.] $500,000 is appropriated for grants to counties to
implement plans submitted under Minnesota Statutes, section
256.986.
Subd. 10. [FRAUD PREVENTION INVESTIGATION PROGRAM.]
$500,000 is added to the appropriation to expand the number of
counties participating in the fraud prevention investigation
program.
Subd. 11. [HUMAN SERVICES ADMINISTRATION.] $1,766,000 is
appropriated to pay for administrative costs. Of this sum,
$400,000 is available the first year of the biennium for
translation services under Minnesota Statutes, section 256.01,
subdivision 13.
Subd. 12. [MA GRANTS.] $50,000 is appropriated for MA
grants to implement the waiver for employed disabled persons,
and is available for the fiscal year beginning July 1, 1996.
Sec. 49. [REPEALER.]
Minnesota Statutes 1994, section 256.734, is repealed.
Sec. 50. [EFFECTIVE DATE.]
Sections 3 (99 Hour Rule) and 6 (Start Work Offset) are
effective upon federal approval of the applicable waivers.
Section 4 (Parenting Minors) is effective October 1, 1995.
Sections 20 (256.81, clause (7) only), 29 (256D.045), and 34
(256D.09, subdivision 5), are effective July 1, 1996.
ARTICLE 3
WORKING FAMILY CREDITS JOINT VENTURE
Section 1. Minnesota Statutes 1994, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names and,
social security numbers, income, addresses, and other data as
required, upon request by the department of revenue to
administer the property tax refund law, supplemental housing
allowance, early refund of refundable tax credits, and the
income tax. "Refundable tax credits" means the dependent care
credit under section 290.067, the Minnesota working family
credit under section 290.0671, the property tax refund under
section 290A.04, and, if the required federal waiver or waivers
are granted, the federal earned income tax credit under section
32 of the Internal Revenue Code;
(9) to the Minnesota department of economic security for
the purpose of monitoring the eligibility of the data subject
for reemployment insurance, for any employment or training
program administered, supervised, or certified by that agency,
or for the purpose of administering any rehabilitation program,
whether alone or in conjunction with the welfare system, and to
verify receipt of energy assistance for the telephone assistance
plan;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential facilities as defined
in section 245A.02 may be disclosed to the protection and
advocacy system established in this state pursuant to Part C of
Public Law Number 98-527 to protect the legal and human rights
of persons with mental retardation or other related conditions
who live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
coordinating board to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a recipient of aid to families
with dependent children may be disclosed to law enforcement
officers who provide the name and social security number of the
recipient and satisfactorily demonstrate that: (i) the
recipient is a fugitive felon, including the grounds for this
determination; (ii) the location or apprehension of the felon is
within the law enforcement officer's official duties; and (iii)
the request is made in writing and in the proper exercise of
those duties;
(16) the current address of a recipient of general
assistance, work readiness, or general assistance medical care
may be disclosed to probation officers and corrections agents
who are supervising the recipient, and to law enforcement
officers who are investigating the recipient in connection with
a felony level offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
food stamp act, in accordance with Code of Federal Regulations,
title 7, section 272.1(c); or
(18) data on a child support obligor who is in arrears may
be disclosed for purposes of publishing the data pursuant to
section 518.575.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed in accordance with the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), or (17), or paragraph (b), are
investigative data and are confidential or protected nonpublic
while the investigation is active. The data are private after
the investigation becomes inactive under section 13.82,
subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 2. [JOINT EFFORT; INCENTIVE TO WORK.]
The departments of human services and revenue, in
consultation with the department of economic security, must
jointly develop a plan and seek federal waivers as necessary to
develop a pilot project to provide the following tax credits on
a monthly basis to eligible working taxpayers eligible to
participate in the pilot program: Minnesota working family
credit under section 290.0671, property tax refund under section
290A.04, dependent care credit under section 290.067, and, if
the required federal waiver or waivers are granted, the federal
earned income tax credit under section 32 of the Internal
Revenue Code. The commissioners of human services and revenue
shall report on the plan for implementation of the pilot program
to the chairs of the human services policy and funding
committees, and the chairs of the tax committees of the
legislature by January 1, 1996.
Sec. 3. [PILOT PROGRAM: EARLY REFUND OF REFUNDABLE TAX
CREDITS.]
Notwithstanding any law to the contrary, the commissioner
of revenue may implement a pilot program to run for one calendar
year beginning in the first quarter of calendar year 1996, to
refund on a monthly basis to persons eligible for the AFDC
program under Minnesota Statutes, sections 256.72 to 256.87,
MFIP under Minnesota Statutes, sections 256.031 to 256.0361, or
persons eligible for the GA program under Minnesota Statutes,
sections 256D.01 to 256D.16 as a family assistance unit, an
amount based on 50 percent of an estimate of how much the
refundable credits of Minnesota Statutes, sections 290.067,
290.0671, and 290A.04, and, if the required federal waiver or
waivers are granted, section 32 of the Internal Revenue Code,
generated in a month exceed the estimated tax imposed under
Minnesota Statutes, section 290.06, for the month. The
commissioner of revenue shall use information provided by the
commissioner of human services and department of revenue data to
estimate the credits and tax for participating taxpayers.
Taxpayers eligible for the pilot program must complete a form
prepared and distributed by the commissioner of revenue to
participate. The form must request information necessary for
administering the program, and must include a statement that the
commissioners of human services and revenue will share data
relating to program participants as necessary for program
administration. Refunds issued under this program will be
considered a tax on the taxpayer for the year in which the
credits are generated for the purposes of assessing and
collecting overpayments of the credits, except that the
commissioner of revenue must abate any interest and penalties
generated by the failure to timely repay any overpaid credits.
By March 1, 1997, the commissioners of revenue and human
services shall report on the implementation of the pilot
program, with recommendations to the chairs of the house and
senate human services policy and funding committees and to the
chairs of the tax committees in both houses.
Sec. 4. [APPROPRIATION; TAX CREDITS.]
$100,000 is appropriated from the general fund to the
commissioner of revenue for the fiscal year ending June 30,
1996, for purposes of implementing sections 1 to 3.
ARTICLE 4
INCOME SUPPORT AND TRANSITION
Section 1. Minnesota Statutes 1994, section 256.035,
subdivision 6d, is amended to read:
Subd. 6d. [LENGTH OF JOB SEARCH OBLIGATION TO SEEK AND
OBTAIN FULL-TIME EMPLOYMENT.] (a) When the family support
agreement specifies a date when job search should begin, the
parental caregiver must participate in employment search
activities. If, after three months of search, the parental
caregiver does not find a job that is consistent with the
parental caregiver's employment goal, the parent must accept any
suitable employment. The search may be extended for up to three
months if the parental caregiver seeks and needs additional job
search assistance.
(b) When the family support agreement specifies job search
consistent with the overall employment goal, the caregiver is
expected to seek and accept full-time employment. For this
purpose, full-time employment means 30 or more hours a week.
Caregivers who are single parents with a child under six satisfy
this requirement by working 20 or more hours a week.
(c) A caregiver who voluntarily quits suitable employment
without good cause or without agreement of the case manager, or
who is terminated for nonperformance, must contact the case
manager within ten calendar days of the date employment ended to
schedule a meeting to revise the family support agreement. A
caregiver who fails to contact the case manager within the
required time or fails to attend a scheduled meeting to revise
the family support agreement is subject to sanction. If the
revised family support agreement specifies job search, the
caregiver must take any suitable employment. A caregiver who
fails to comply is subject to sanction. A caregiver who
voluntarily quits suitable employment with good cause or who is
laid off must contact the case manager within ten calendar days
of the date employment ended to schedule a meeting to revise the
family support agreement. A caregiver who fails to contact the
case manager within the required time or fails to attend a
scheduled meeting to revise the family support agreement is
subject to sanction. If the family support agreement specifies
job search, the search is limited to three months to find a job
related to the caregiver's overall employment goal. After three
months, the caregiver must take any suitable employment. A
caregiver who fails to comply is subject to sanction.
ARTICLE 5
WORK FIRST PROGRAM
Section 1. [256.7351] [WORK FIRST PROGRAM.]
Subdivision 1. [CITATION.] Sections 256.7351 to 256.7359
may be cited as the work first program.
Subd. 2. [DEFINITIONS.] As used in sections 256.7351 to
256.7359, the following words have the meanings given them.
(a) "AFDC" means aid to families with dependent children.
(b) "AFDC-UP" means AFDC clients who are eligible for
assistance by reason of unemployment as defined by the
commissioner under section 256.12, subdivision 14.
(c) "Applicant" means an individual who has submitted a
request for assistance and has never received an AFDC or FGA
grant through the MAXIS computer system as a caretaker, or an
applicant whose AFDC or FGA application was denied or benefits
were terminated due to noncompliance with work first
requirements.
(d) "Application date" means the date any Minnesota county
agency receives a signed and dated CAF Part I.
(e) "CAF" means a combined application form on which people
apply for multiple assistance programs including: aid to
families with dependent children, refugee cash assistance,
general assistance, work readiness, Minnesota supplemental aid,
food stamps, medical assistance, general assistance medical
care, emergency assistance, emergency medical assistance, and
emergency general assistance medical care.
(f) "Caretaker" means a parent or eligible adult, including
a pregnant woman, who is part of the assistance unit that has
applied for or is receiving an AFDC or FGA grant.
(g) "Child support" means a voluntary or court-ordered
payment by absent parents in an assistance unit.
(h) "Commissioner" means the commissioner of human services.
(i) "Department" means the department of human services.
(j) "Employability development plan" or "EDP" means a plan
developed by the applicant, with advice from the employment
advisor, for the purposes of identifying an employment goal,
improving work skills through certification or education,
training or skills recertification, and which addresses barriers
to employment.
(k) "EDP status report form" means a program form on which
deferred participants indicate what has been achieved in the
participant's EDP and the types of problems encountered.
(l) "Employment advisor" means a program staff who is
qualified to assist the participant to develop a job search or
employability development plan, match the participant with
existing job openings, refer the participant to employers, and
has an extensive knowledge of employers in the area.
(m) "Financial specialist" means a program staff who is
trained to explain the benefits offered under the program,
determine eligibility for different assistance programs, and
broker other resources from employers and the community.
(n) "Job network" means people that a person may contact to
learn more about particular companies, inquire about job leads,
or discuss one's occupational interests and expertise.
(o) "Job search allowance" means the amount of financial
assistance needed to support job search.
(p) "Job search plan" or "JSP" means the specific plan
developed by the applicant, with advice from the employment
advisor, to secure a job as soon as possible, and focus the
scope of the search process and other activities. Under the
work first program, a job search plan shall meet the
requirements for an EDP under section 256.736, subdivision 10,
paragraph (a), clause (15).
(q) "JSP status report form" means a program form on which
participants indicate the number of submitted job applications,
job interviews held, jobs offered, other outcomes achieved,
problems encountered, and the total number of hours spent on job
search per week.
(r) "Participant" means a recipient who is required to
participate in the work first program.
(s) "Program" means the work first program.
(t) "Provider" means an employment and training agency
certified by the commissioner of economic security under section
268.871, subdivision 1.
(u) "Self-employment" means employment where people work
for themselves rather than an employer, are responsible for
their own work schedule, and do not have taxes or FICA withheld
by an employer.
(v) "Self-sufficiency agreement" means the agreement
between the provider or its representative and the applicant
that describes the activities that the applicant must conduct
and the necessary services and aid to be furnished by the
provider to enable the individual to meet the purpose of either
the JSP or EDP.
(w) "Subsidized job" means a job that is partly reimbursed
by the provider for cost of wages for participants in the
program.
Subd. 3. [ESTABLISHING WORK FIRST PROGRAM.] The
commissioners of human services and economic security may
develop and establish pilot projects which require applicants
for aid under AFDC under section 256.72, or general assistance
program (FGA) under section 256D.05, subdivision 1, clause (15),
to meet the requirements of the work first program. The purpose
of the program is to:
(1) ensure that the participant is working as early as
possible;
(2) promote greater opportunity for economic self-support,
participation, and mobility in the work force; and
(3) minimize the risk for long-term welfare dependency.
Subd. 4. [PROGRAM ADMINISTRATION.] The program must be
administered in a way that, in addition to the county agency,
other sectors in the community such as employers from the public
and private sectors, not-for-profit organizations, educational
and social service agencies, labor unions, and neighborhood
associations are involved.
Subd. 5. [PROGRAM DESIGN.] The program shall meet the
following principles:
(1) work is the primary means of economic support;
(2) the individuals's potential is reviewed during the
application process to determine how to approach the job market
aggressively;
(3) public aid such as cash and medical assistance, child
care, child support assurance, and other cash benefits are used
to support intensive job search and immediate work; and
(4) maximum use is made of tax credits to supplement income.
Subd. 6. [WAIVER REQUESTS.] The department shall request
all waivers as soon as possible to implement the program in
coordination with section 256D.055, provided that all conditions
are met under section 256.01, subdivision 2, clause (12). Upon
obtaining all waivers, the department shall amend the state
plans for the AFDC and the Jobs Opportunities and Basic Skills
Program (JOBS), and Supportive Services plan to coordinate these
programs under the work first program for the pilot counties,
and shall seek approval of state plan amendments. The
department shall request all waivers from federal statutes and
regulations to qualify the program as a federally approved
demonstration project under section 1115 of the Social Security
Act.
Subd. 7. [DUTIES OF COMMISSIONER.] In addition to any
other duties imposed by law, the commissioner shall:
(1) request all waivers to implement the program;
(2) establish the program according to sections 256.7351 to
256.7359 and allocate money as appropriate to pilot counties
participating in the program;
(3) provide systems development and staff training;
(4) accept and supervise the disbursement of any funds that
may be provided from other sources for use in the demonstration
program; and
(5) direct a study to safeguard the interests of children.
Subd. 8. [DUTIES OF COUNTY AGENCY.] The county agency
shall:
(1) collaborate with the commissioners of human services
and economic security and other agencies to develop, implement,
and evaluate the demonstration of the work first program;
(2) operate the work first program in partnership with
private and public employers, local industry councils, labor
unions, and employment, educational, and social service agencies
and according to subdivision 4;
(3) ensure that program components such as client
orientation, immediate job search, job development, creation of
temporary public service jobs, job placements, and post
placement follow-up are implemented according to the work first
program; and
(4) for job assignments under section 256.7355 provide
written notification to and obtain the written concurrence of
the appropriate exclusive bargaining representatives with
respect to job duties covered under collective bargaining
agreements and ensure that no work assignment under this section
results in: (i) termination, layoff, or reduction of the work
hours of an employee for the purpose of hiring an individual
under this section; (ii) the hiring of an individual if any
other person is on layoff from the same or a substantially
equivalent job; (iii) any infringement of the promotional
opportunities of any currently employed individual; (iv) the
impairment of existing contract for services of collective
bargaining agreements; or (v) a participant filling an
established unfilled position vacancy, except for on-the-job
training under this section. If there is a dispute between an
exclusive bargaining representative and a county or public work
employer over whether or not job duties are covered under a
collective bargaining agreement, the exclusive bargaining
representative, the county, or the public works employer may
petition the bureau of mediation services, who shall determine
if the job duties are covered by a collective bargaining
agreement.
Subd. 9. [DUTIES OF PARTICIPANT.] To be eligible for an
AFDC or family GA benefit, a participant shall cooperate with
the county agency, the provider, and the participant's employer
in all aspects of the program.
Sec. 2. [256.7352] [PROGRAM PARTICIPANTS; PROGRAM
EXPECTATIONS.]
All applicants selected for participation are expected to
meet the requirements under the work first program. Payments
for rent and utilities up to the AFDC or FGA benefits to which
the assistance unit is entitled will be vendor paid for as many
months as the applicant is eligible or six months, whichever
comes first. The residual amount after vendor payment, if any,
will be paid to the AFDC or FGA applicant or recipient, unless
it is used as a wage subsidy under section 256.7354, subdivision
2.
Sec. 3. [256.7353] [PROGRAM REQUIREMENTS.]
Subdivision 1. [NOTIFICATION OF PROGRAM.] Except for the
provisions in this section, the provisions for AFDC and FGA
application process shall be followed. Within two days after
the receipt of a completed combined application form, the county
agency must refer to the provider the applicant who meets the
conditions under section 256.7352, and notify the applicant in
writing of the program including the following provisions:
(1) notification that, as part of the application process,
applicants are required to attend orientation, to be followed
immediately by a job search;
(2) the program provider, the date, time, and location of
the scheduled program orientation;
(3) the procedures for qualifying for and receiving
benefits under the program;
(4) the immediate availability of supportive services,
including, but not limited to, child care, transportation,
medical assistance, and other work-related aid; and
(5) the rights, responsibilities, and obligations of
participants in the program, including, but not limited to, the
grounds for exemptions and deferrals, the consequences for
refusing or failing to participate fully, and the appeal process.
Subd. 2. [PROGRAM ORIENTATION.] The provider must give a
face-to-face orientation regarding the program to the applicant
within five days after the date of application. The orientation
must be designed to inform the applicant of:
(1) the importance of locating and obtaining a job as soon
as possible;
(2) benefits to be provided to support work;
(3) the manner by which benefits shall be paid;
(4) how other supportive services such as medical
assistance, child care, transportation, and other work-related
aid shall be available to support job search and work;
(5) the consequences for failure without good cause to
comply with program requirements; and
(6) the appeal process.
Subd. 3. [JOB SEARCH PLAN; EMPLOYMENT ADVISOR; FINANCIAL
SPECIALIST.] At the end of orientation, the provider must assign
an employment advisor and a financial specialist to the
applicant. With advice from the employment advisor, the
applicant must develop a job search plan (JSP) based on existing
job markets, prior employment, work experience, and transferable
work skills, unless exempt under subdivision 5. A job search
must be planned and conducted for a period of up to eight
consecutive weeks from the date of application and for at least
32 hours per week. The types of and target number of job
openings to be pursued per week must be written in the job
search plan. The following activities may be included in the
job search plan:
(1) motivational counseling;
(2) job networking or training on how to locate job
openings;
(3) development of a personal resume; and
(4) information on how to conduct job interviews and
establish a personal job network.
Following the development of the JSP or the employability
development plan (EDP) under subdivision 9, the financial
specialist must interview the applicant to determine eligibility
for and the extent of benefits under sections 256.7356 and
256.7357 to support the job search or employability development
plan. The provider must attach to the appropriate plan the
summary of the necessary enabling services and benefits to be
furnished by the provider. The provider or its representative
and the applicant must sign the plan, with its attachment, to
indicate a self-sufficiency agreement between the provider and
the participant.
Subd. 4. [IMMEDIATE JOB SEARCH.] An applicant must be
required to begin job search within seven days after the date of
application for at least 32 hours per week for up to eight
weeks, unless exempted under subdivision 5 or deferred under
subdivision 9. For an applicant who is working at least 20
hours per week, job search shall consist of 12 hours per week
for up to eight weeks. Within the first five days of job
search, the applicant is required to initiate informational
contacts with prospective employers, generate additional job
leads from the job network, review references and experiences
from previous employment, and carry out the other activities
under the job search plan developed under subdivision 3.
Subd. 5. [EXEMPTION CATEGORIES.] The applicant will be
exempted from the job search requirements and development of JSP
and EDP under subdivisions 3, 4 and 8 if the applicant belongs
to any of the following groups:
(1) caretakers under age 20 who have not completed a high
school education and are attending high school on a full-time
basis;
(2) individuals who are age 60 or older;
(3) individuals who are suffering from a professionally
certified permanent or temporary illness, injury, or incapacity
which is expected to continue for more than 30 days and which
prevents the person from obtaining or retaining employment;
(4) caretakers whose presence in the home is needed because
of illness or incapacity of another member in the household;
(5) women who are pregnant, if it has been medically
verified that the child is expected to be born within the next
six months;
(6) caretakers or other caretaker relatives of a child
under the age of three who personally provide full-time care for
the child;
(7) individuals employed at least 30 hours per week;
(8) individuals for whom participation would require a
round trip commuting time by available transportation of more
than two hours, excluding transporting of children for child
care;
(9) individuals for whom lack of proficiency in English is
a barrier to employment, provided such individuals are
participating in an intensive program which lasts no longer than
six months and is designed to remedy their language deficiency;
individuals who, because of advanced age or lack of ability, are
incapable of gaining proficiency in English, as determined by
the county social worker, shall continue to be exempt under this
subdivision and are not subject to the requirement that they be
participating in a language program;
(10) individuals under such duress that they are incapable
of participating in the program, as determined by the county
social worker; or
(11) individuals in need of refresher courses for purposes
of obtaining professional certification or licensure.
Subd. 6. [AFDC-UP APPLICANTS.] All applicants and
recipients under the AFDC-UP program will be required to meet
the requirements in the community work experience program under
section 256.737, instead of the requirements in subdivisions 4
to 14.
Subd. 6a. [DESIGNATED PARTICIPANT IN FGA FAMILIES.] Unless
all adult members of an FGA family are exempt under section
256.7343, subdivision 1, one adult in the family must be
designated to participate in all the requirements under this
section. If the household contains more than one exempt adult,
the adults may determine which adult must participate. If no
designation is made or if the adults cannot agree, the county
shall designate the adult having earned the greater income,
including in-kind income, during the 24-month period immediately
preceding the month of application for general assistance, as
the adult that must participate. When there are no earnings or
when earnings are identical for each adult, the county agency
shall designate which adult must participate.
Subd. 7. [COUNTY DUTIES.] The county must act on the
application within 30 days of the application date. If the
applicant is not eligible, the application will be denied and
the county must notify the applicant of the denial in writing.
An applicant whose application has been denied may be allowed to
complete the job search plan; however, supportive services will
not be provided.
Subd. 8. [JOB SEARCH STATUS REPORT.] The applicant or
participant must submit a completed JSP status report form to
the employment advisor every two weeks during the job search
process, with the first completed form due 21 days after the
date of application.
Subd. 9. [EMPLOYABILITY DEVELOPMENT PLAN.] At the
discretion and approval of the employment advisor, the applicant
may be deferred from the requirement to conduct at least 32
hours of job search per week for up to eight consecutive weeks,
if during the development of the job search plan, the applicant
is determined to:
(1) not have worked within the past 12 months and not have
a high school or a general equivalency diploma provided the
applicant agrees to develop and carry out an EDP instead of job
search, and concurrently work for at least 16 hours per week in
a temporary public service job. The EDP must include the
employment goals and specific outcomes the participant must
achieve;
(2) be within six months of completing any post-secondary
training program, provided that the applicant agrees to develop
and carry out an EDP instead of a job search, and concurrently
work for a minimum number of hours per week in a temporary
public service job. The EDP must include the employment goal
and specific outcomes that the participant must achieve. The
applicant that is deferred under this subdivision may choose to
work in a job other than a public service job for a minimum
number of hours per week rather than in a temporary public
service job. For individuals who are participating in an
educational program under this paragraph and who are attending
school full time as determined by the institution there is no
work requirement.
For individuals participating in an educational program on
a part-time basis as determined by the institution, the minimum
number of hours that a participant must work shall be decreased
as the participant increases the number of credit hours taken,
except that the participant shall not be required to work more
than eight hours per week.
During vacation periods of one month or more, the 16-hour
per week minimum work requirement shall apply.
The applicant may be deferred for up to six months. At the end
of the deferment period, the participant must develop a job
search plan and conduct at least 32 hours of job search per week
for up to eight consecutive weeks, and submit reports as
required under subdivisions 3 and 4; or
(3) be in treatment for chemical dependency, be a victim of
domestic abuse, or be homeless, provided that the applicant
agrees to develop an EDP instead of a JSP, and immediately
follow through with the activities in the EDP. The EDP must
include specific outcomes that the applicant must achieve for
the duration of the EDP and activities which are needed to
address the issues identified. Under this clause, the applicant
may be deferred for up to eight weeks.
Subd. 10. [EDP STATUS REPORT.] The participant who is
deferred from job search under subdivision 9 must submit a
completed EDP status report form to the employment advisor every
14 days as long as the participant continues to be deferred,
with the first completed form due 21 days after the date of
application.
Subd. 11. [JOB OFFER.] The participant must not refuse any
job offer, provided that the job is within the participant's
physical and mental abilities, pays hourly gross wages of not
less than the applicable state or federal minimum wage, and
meets health and safety standards set by federal, state, and
local agencies. If a job is offered, the participant must
inform the provider immediately to redetermine eligibility for
and extent of benefits and services to support work. To enhance
job retention, the provider may provide services such as
motivational counseling or on-site problem solving for up to six
months. The participant who has completed at least six months
of work in a nonsubsidized job shall be encouraged to
participate in a training program that would improve the
participant's ability to obtain a job that pays a higher wage.
Subd. 12. [DUTY TO REPORT.] The participant must
immediately inform the provider regarding any changes related to
the participant's employment status.
Subd. 13. [REQUIREMENT TO WORK IN A TEMPORARY PUBLIC
SERVICE JOB.] (a) If after the completion of the maximum eight
weeks of job search the participant has failed to secure a
nonsubsidized or a subsidized job for at least 32 hours per
week, or does not earn a net income from self-employment that is
equal to at least the AFDC or FGA monthly grant for the
household size, whichever is applicable, the participant is
required to work in a temporary public service job for up to 67
working days for (1) at least 32 hours per week, or (2) a period
equivalent to the result of dividing the AFDC or FGA grant
amount which the participant would otherwise receive, whichever
is applicable, by the federal hourly minimum wage, or applicable
hourly state minimum wage, or the hourly rate of pay for
individuals employed in the same occupation at the site,
whichever is highest. If the result is more than 128 hours per
month, the participant's requirement to work in a temporary
public service job shall not be more than 32 hours per week.
(b) Within seven days from the date of application, the
participant that is deferred under subdivision 9, clause (1) or
(2), and is participating in an educational program on a
part-time basis must work in a temporary public service job as
required under subdivision 9, clause (2).
(c) The provider shall strive to match the profile of the
participant with the needs of the employers that are
participating in a temporary jobs program under section 256.7355.
Subd. 14. [TERMINATION OF WORK ASSIGNMENT.] Work
assignments are governed by section 256.7341.
Sec. 4. [256.7354] [JOB DEVELOPMENT AND SUBSIDY.]
Subdivision 1. [JOB INVENTORY.] The provider must develop
an inventory of job openings including full-time, part-time,
permanent, temporary or seasonal, and training positions, in
partnership with private and public employers, local industry
councils, and employment agencies. To the extent possible, the
inventory must include specific information regarding job
openings, must be updated on a weekly basis, and must be
available to all participants on a daily basis.
Subd. 2. [JOB SUBSIDY.] The county may use all or part of
AFDC or FGA benefits as a subsidy to employers for the purpose
of providing work experience or training to the participant who
has completed the job search plan, provided that (1) the job to
be subsidized is permanent and full time, and pays an hourly
rate of at least $6 per hour; (2) the employer agrees to retain
the participant after satisfactory completion of the work
experience or training period; and (3) the participant has first
tried to secure a nonsubsidized job by following the job search
plan. The subsidy may be available for up to six months.
Sec. 5. [256.7355] [TEMPORARY JOBS PROGRAM.]
Subdivision 1. [PROGRAM ESTABLISHED.] The provider must
establish and operate a program to provide temporary jobs to
participants who, after eight weeks of job search, are not hired
into a nonsubsidized or a subsidized job, or are deferred under
section 256.7353, subdivision 9. The temporary jobs to be
created under this section must be public service jobs that
serve a useful public service such as: health, social service,
environmental protection, education, urban and rural development
and redevelopment, welfare, recreation, public facilities,
public safety, community service, services to the aged or
disabled citizens, and child care.
Subd. 2. [ASSIGNMENT TO TEMPORARY PUBLIC SERVICE
JOBS.] The provider must assign the participant that is within
completion of the required eight weeks of job search and has
failed to secure a nonsubsidized or a subsidized job for at
least 32 hours per week, or does not earn a net income from
self-employment that is equal to at least the AFDC or FGA
monthly grant for the household size, whichever is applicable,
to a temporary public service job. The assignment must be made
seven days before the end of the job search and be based on
section 256.7353, subdivision 13. The participant that is
deferred under section 256.7353, subdivision 9, will be assigned
by the provider to a temporary public service job within seven
days after the application.
Subd. 3. [PARTICIPANT'S STATUS.] The participant who is
working in a temporary public service job under this section is
not considered an employee for the purposes of unemployment
insurance compensation, retirement, or civil service laws, and
shall not perform work ordinarily performed by a public employee.
Subd. 4. [CONTINUOUS JOB SEARCH REQUIREMENT.] At the
discretion of the employer or the provider, the participant who
is working in a temporary public service job under section
256.7353, subdivision 13, may be required to continue to look
for a job for up to eight hours per week.
Subd. 5. [EXCUSED ABSENCES.] The participant who is
working in a temporary public service job may be allowed excused
absences from the assigned temporary job site up to eight hours
per month. For the purposes of this subdivision, "excused
absence" means absence due to temporary illness or injury of the
caretaker or a member of the caretaker's family, the
unavailability of licensed child care or unavailability of
transportation needed to go to and from the work site, a job
interview, or a nonmedical emergency. For the purposes of this
subdivision, "emergency" means a sudden, unexpected occurrence
or situation of a serious or urgent nature that requires action.
Subd. 6. [MOVE TO A DIFFERENT COUNTY.] If the applicant or
recipient who is required to participate in the work first
program moves to a different county in Minnesota, the benefits
and enabling services agreed upon in the self-sufficiency
agreement shall be provided by the pilot county where the
applicant or recipient originated, so long as the move was part
of the job search or employability development plan. If the
applicant or recipient is moving to a different county for
failure to comply with the requirement of the work first
program, the applicant or recipient will not be eligible for
AFDC or FGA in Minnesota for at least six months from the date
of the move.
Sec. 6. [256.7356] [TRANSITIONAL BENEFITS TO SUPPORT WORK;
RENT AND UTILITIES VENDOR PAYMENT.]
Payments for rent and utilities up to the amount of AFDC or
FGA benefits to which the assistance unit is entitled shall be
provided in the form of vendor payments for as many months as
the applicant is eligible or six months, whichever comes first.
The residual amount after vendor payment, if any, will be paid
to the AFDC or FGA recipient, unless it is used as a wage
subsidy under section 256.7344, subdivision 2. This provision
shall apply to all applicants including those meeting the
exemption categories under section 256.7353, subdivision 5, or
deferral categories under section 256.7353, subdivision 9. To
the extent needed, a job search allowance shall be provided for
up to eight weeks to cover expenses related to the job search.
Before the job search allowance is issued, it must be approved
by the employment advisor and financial specialist, and clearly
described in the job search.
Sec. 7. [256.7357] [ELIGIBILITY FOR FOOD STAMPS, MEDICAL
ASSISTANCE, AND CHILD CARE.]
The participant shall be treated as an AFDC or FGA
recipient for food stamps, medical assistance, and child care
eligibility purposes. As with an AFDC recipient, the
participant who leaves the program as a result of increased
earnings from employment shall be eligible for transitional
medical assistance and child care.
Sec. 8. [256.7358] [SANCTIONS AND APPEAL PROCESS.]
Subdivision 1. [GOOD CAUSE.] (a) For the purpose of this
subdivision, "good cause" means absence due to temporary illness
or injury of the participant or a member of the participant's
family; the unavailability of licensed child care or
unavailability of transportation needed to attend orientation or
conduct job search; or a nonmedical emergency as defined under
section 256.7353, subdivision 5.
(b) The applicant who is required, but fails, without good
cause, to participate in orientation, complete the JSP or EDP,
and comply with the job search requirements under section
256.7353 prior to being eligible for AFDC or FGA shall be denied
AFDC or FGA benefits. The applicant will not be eligible for
AFDC or FGA benefits in Minnesota for at least six months.
(c) Following participation in the orientation, completion
of JSP or EDP and participation in job search under section
256.7353, but before being determined eligible for AFDC or FGA
recipients in AFDC-UP cases who are subject to the vendor
payment provisions under section 256.7356 are subject to the job
search, work experience, and sanction provisions of sections
256.736, subdivision 14, and 256.737 and not the job search and
work provisions under work first.
(d) If, after receiving a written warning from the county,
the participant fails without good cause, to conduct at least 32
hours of job search per week in any given two-week period, the
participant will be immediately required to work for at least 16
hours per week in a temporary public service job. The required
32 hours per week of job search will be reduced to 16 hours.
(e) If the participant who is deferred under section
256.7353, subdivision 9, fails to comply with the activities
described in the EDP, the participant will lose the deferment
status, provided that the participant has received at least two
written warnings from the provider.
(f) If the participant refuses to work in a temporary
public service job, or is terminated from a temporary public
service job for failure to work, benefits to the assistance unit
shall be terminated and the participant shall not be eligible
for aid under the AFDC or FGA program for at least six months
from the date of refusal or termination. If the participant
before completing at least four consecutive months of employment
voluntarily quits or is terminated from a nonsubsidized or a
subsidized job, the participant shall immediately be assigned to
work in a temporary public service job for at least 32 hours per
week for up to 67 working days unless the participant is hired
or rehired into a nonsubsidized or subsidized job.
Subd. 2. [NOTICE OF SANCTIONS.] If the county determines
that the participant has failed or refused without good cause as
defined in subdivision 1, to cooperate with the program
requirements, the county shall inform the participant in writing
of its intent to impose an applicable sanction listed under
subdivision 1 and the opportunity to have a conciliation
conference upon request and within five days of receipt of the
notice before a sanction is imposed.
Sec. 9. [256.7359] [FUNDING.]
Subdivision 1. [BLOCK GRANT.] A block grant to fund the
entire program including, but not limited to, the costs for
program administration and provision of cash benefits and
program services including the entire costs of vendor payments
made on behalf of clients and the entire cost of the temporary
jobs program, will be paid to the county agency or provider
participating in the work first program. Counties may request
additional funds if there are unexpected increases in caseload.
Subd. 2. [LEVERAGING GRANT AMOUNT TO SECURE OTHER
FUNDS.] The county agency or the provider in cooperation with
the department may leverage the grant amount to secure other
funds from employers, foundations, and the community for the
purpose of developing additional components to benefit children
and improve the program.
Subd. 3. [EMPLOYER REIMBURSEMENT.] The employer shall be
reimbursed for wages paid to participants under section
256.7354, subdivision 2.
Sec. 10. [APPROPRIATION; WORK FOCUS; WORK FIRST PROGRAM.]
$1,025,000 is appropriated from the general fund to the
commissioner of human services for the biennium ending June 30,
1997, for purposes of implementing the work focus program under
Minnesota Statutes, section 256D.055, and work first in sections
1 to 9.
ARTICLE 6
GENERAL ASSISTANCE AND WORK READINESS
FOOD STAMP WORK AND TRAINING
Section 1. Minnesota Statutes 1994, section 256D.05,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] (a) Each person or family
whose income and resources are less than the standard of
assistance established by the commissioner and who is a resident
of the state shall be eligible for and entitled to general
assistance if the person or family is:
(1) a person who is suffering from a professionally
certified permanent or temporary illness, injury, or incapacity
which is expected to continue for more than 30 days and which
prevents the person from obtaining or retaining employment;
(2) a person whose presence in the home on a substantially
continuous basis is required because of the professionally
certified illness, injury, incapacity, or the age of another
member of the household;
(3) a person who has been placed in, and is residing in, a
licensed or certified facility for purposes of physical or
mental health or rehabilitation, or in an approved chemical
dependency domiciliary facility, if the placement is based on
illness or incapacity and is pursuant to a plan developed or
approved by the county agency through its director or designated
representative;
(4) a person who resides in a shelter facility described in
subdivision 3;
(5) a person not described in clause (1) or (3) who is
diagnosed by a licensed physician, psychological practitioner,
or other qualified professional, as mentally retarded or
mentally ill, and that condition prevents the person from
obtaining or retaining employment;
(6) a person who has an application pending for, or is
appealing termination of benefits from, the social security
disability program or the program of supplemental security
income for the aged, blind, and disabled, provided the person
has a professionally certified permanent or temporary illness,
injury, or incapacity which is expected to continue for more
than 30 days and which prevents the person from obtaining or
retaining employment;
(7) a person who is unable to obtain or retain employment
because advanced age significantly affects the person's ability
to seek or engage in substantial work;
(8) a person who, following participation in the work
readiness program, completion of an individualized employability
assessment by the work readiness service provider, and
consultation between the county agency and the work readiness
service provider, the work readiness service provider determines
is not employable. has been assessed by a vocational specialist
and, in consultation with the county agency, has been determined
to be unemployable for purposes of this item, a person is
considered employable if the county agency determines that there
exist positions of employment in the local labor market,
regardless of the current availability of openings for those
positions, that the person is capable of performing. The
person's eligibility under this category must be reassessed at
least annually by the county agency and must be based upon the
results of a new individualized employability assessment
completed by the work readiness service provider. The recipient
shall, if otherwise eligible, continue to receive general
assistance while the annual individualized employability
assessment is completed by the work readiness service provider,
rather than receive work readiness payments under section
256D.051. Subsequent eligibility for general assistance is
dependent upon the county agency determining, following
consultation with the work readiness service provider, that the
person is not employable, or the person meeting the requirements
of another general assistance category of eligibility;. The
county agency must provide notice to the person not later than
30 days before annual eligibility under this item ends,
informing the person of the date annual eligibility will end and
the need for vocational assessment if the person wishes to
continue eligibility under this clause. For purposes of
establishing eligibility under this clause, it is the
applicant's or recipient's duty to obtain any needed vocational
assessment;
(9) a person who is determined by the county agency, in
accordance with emergency and permanent rules adopted by the
commissioner, to be learning disabled, provided that if a
rehabilitation plan for the person is developed or approved by
the county agency, the person is following the plan;
(10) a child under the age of 18 who is not living with a
parent, stepparent, or legal custodian, but only if: the child
is legally emancipated or living with an adult with the consent
of an agency acting as a legal custodian; the child is at least
16 years of age and the general assistance grant is approved by
the director of the county agency or a designated representative
as a component of a social services case plan for the child; or
the child is living with an adult with the consent of the
child's legal custodian and the county agency. For purposes of
this clause, "legally emancipated" means a person under the age
of 18 years who: (i) has been married; (ii) is on active duty
in the uniformed services of the United States; (iii) has been
emancipated by a court of competent jurisdiction; or (iv) is
otherwise considered emancipated under Minnesota law, and for
whom county social services has not determined that a social
services case plan is necessary, for reasons other than that the
child has failed or refuses to cooperate with the county agency
in developing the plan;
(11) a woman in the last trimester of pregnancy who does
not qualify for aid to families with dependent children. A
woman who is in the last trimester of pregnancy who is currently
receiving aid to families with dependent children may be granted
emergency general assistance to meet emergency needs;
(12) a person who is eligible for displaced homemaker
services, programs, or assistance under section 268.96, but only
if that person is enrolled as a full-time student;
(13) a person who lives more than two hours round-trip
traveling time from any potential suitable employment;
(14) a person who is involved with protective or
court-ordered services that prevent the applicant or recipient
from working at least four hours per day;
(15) (i) a family as defined in section 256D.02,
subdivision 5, which is ineligible for the aid to families with
dependent children program. If all children in the family are
six years of age or older, or if suitable child care is
available for children under age six at no cost to the family,
all the adult members of the family must register for and
cooperate in the work readiness program under section 256D.051.
If one or more of the children is under the age of six and
suitable child care is not available without cost to the family,
all the adult members except one adult member must register for
and cooperate with the work readiness program under section
256D.051. The adult member who must participate in the work
readiness program is the one having earned the greater of the
incomes, excluding in-kind income, during the 24-month period
immediately preceding the month of application for assistance.
When there are no earnings or when earnings are identical for
each adult, the applicant must designate the adult who must
participate in work readiness and that designation must not be
transferred or changed after program eligibility is determined
as long as program eligibility continues without an interruption
of 30 days or more. The adult members required to register for
and cooperate with the work readiness program are not eligible
for financial assistance under section 256D.051, except as
provided in section 256D.051, subdivision 6, and shall be
included in the general assistance grant. If an adult member
fails to cooperate with requirements of section 256D.051, the
local agency shall not take that member's needs into account in
making the grant determination as provided by the termination
provisions of section 256D.051, subdivision 1a, paragraph (b).
The time limits of section 256D.051, subdivision 1, do not apply
to persons eligible under this clause; (ii) unless all adults in
the family are exempt under section 256D.051, subdivision 3a,
one adult in the family must participate in and cooperate with
the food stamp employment and training program under section
256D.051 each month that the family receives general assistance
benefits. If the household contains more than one nonexempt
adult, the adults may determine which adult must participate.
The designation may be changed once annually at the annual
redetermination of eligibility. If no designation is made or if
the adults cannot agree, the county agency shall designate the
adult having earned the greater of the incomes, including
in-kind income, during the 24-month period immediately preceding
the month of application for general assistance, as the adult
that must participate. When there are no earnings or when
earnings are identical for each adult, the county agency shall
designate which adult must participate. The recipient's
participation must begin on the first day of the first full
month following the determination of eligibility for general
assistance benefits. To the extent of available resources, and
with the county agency's consent, the recipient may voluntarily
continue to participate in food stamp employment and training
services for up to three additional consecutive months
immediately following termination of general assistance benefits
in order to complete the provisions of the recipient's
employability development plan. If the adult member fails
without good cause to participate in or cooperate with the food
stamp employment and training program, the county agency shall
concurrently terminate that person's eligibility for general
assistance and food stamps for two months or until compliance is
achieved, whichever is shorter, using the notice, good cause,
conciliation and termination procedures specified in section
256D.051; or
(16) a person over age 18 whose primary language is not
English and who is attending high school at least half time.
(b) Persons or families who are not state residents but who
are otherwise eligible for general assistance may receive
emergency general assistance to meet emergency needs.
(c) As a condition of eligibility under paragraph (a),
clauses (1), (3), (5), (8), and (9), the recipient must complete
an interim assistance agreement and must apply for other
maintenance benefits as specified in section 256D.06,
subdivision 5, and must comply with efforts to determine the
recipient's eligibility for those other maintenance benefits.
(d) The burden of providing documentation for a county
agency to use to verify eligibility for general assistance or
work readiness for exemption from the food stamp employment and
training program is upon the applicant or recipient. The county
agency shall use documents already in its possession to verify
eligibility, and shall help the applicant or recipient obtain
other existing verification necessary to determine eligibility
which the applicant or recipient does not have and is unable to
obtain.
Sec. 2. Minnesota Statutes 1994, section 256D.051,
subdivision 1, is amended to read:
Subdivision 1. [WORK REGISTRATION FOOD STAMP EMPLOYMENT
AND TRAINING PROGRAM.] (a) Except as provided in this
subdivision, persons who are residents of the state and whose
income and resources are less than the standard of assistance
established by the commissioner, but who are not categorically
eligible under section 256D.05, subdivision 1, are eligible for
the work readiness program for The commissioner shall implement
a food stamp employment and training program in order to meet
the food stamp employment and training participation
requirements of the United States Department of Agriculture.
Unless all adult members of the food stamp household are exempt
under subdivision 3a, one nonexempt adult recipient in each
household must participate in the food stamp employment and
training program each month that the household is eligible for
food stamps, up to a maximum period of six calendar months
during any 12 consecutive calendar month period, subject to the
provisions of paragraph (d), subdivision 3, and section
256D.052, subdivision 4. If the household contains more than
one nonexempt adult, the adults may determine which adult must
participate. The designation may be changed only once annually
at the annual redetermination of eligibility. If no designation
is made or if the adults cannot agree, the county agency shall
designate the adult having earned the greater of the incomes,
including in-kind income, during the 24-month period immediately
preceding the month of application for food stamp benefits, as
the adult that must participate. When there are no earnings or
when earnings are identical for each adult, the county agency
shall designate the adult that must participate. The person's
eligibility period begins participation in food stamp employment
and training services must begin on the first day of the
calendar month following the date of application eligibility for
assistance or following the date all eligibility factors are
met, whichever is later; however, food stamps. With the county
agency's consent, and to the extent of available resources, the
person may voluntarily continue to participate in work readiness
food stamp employment and training services for up to three
additional consecutive months immediately following the last
month of benefits end of the six-month mandatory participation
period in order to complete the provisions of the person's
employability development plan. After July 1, 1992, if
orientation is available within three weeks after the date
eligibility is determined, initial payment will not be made
until the registrant attends orientation to the work readiness
program. Prior to terminating work readiness assistance the
county agency must provide advice on the person's eligibility
for general assistance medical care and must assess the person's
eligibility for general assistance under section 256D.05 to the
extent possible, using information in the case file, and
determine the person's eligibility for general assistance. A
determination that the person is not eligible for general
assistance must be stated in the notice of termination of work
readiness benefits.
(b) Persons, families, and married couples who are not
state residents but who are otherwise eligible for work
readiness assistance may receive emergency assistance to meet
emergency needs.
(c) Except for family members who must participate in work
readiness services under the provisions of section 256D.05,
subdivision 1, clause (15), any person who would be defined for
purposes of the food stamp program as being enrolled or
participating at least half-time in an institution of higher
education or a post-secondary program is ineligible for the work
readiness program. Post-secondary education does not include
the following programs: (1) high school equivalency; (2) adult
basic education; (3) English as a second language; (4) literacy
training; and (5) skill-specific technical training that has a
course of study of less than three months, that is not paid for
using work readiness funds, and that is specified in the work
readiness employability development plan developed with the
recipient prior to the recipient beginning the training course.
(d) Notwithstanding the provisions of sections 256.045 and
256D.10, during the pendency of an appeal, work readiness
payments and services shall not continue to a person who appeals
the termination of benefits due to exhaustion of the period of
eligibility specified in paragraph (a) or (d).
Sec. 3. Minnesota Statutes 1994, section 256D.051,
subdivision 1a, is amended to read:
Subd. 1a. [WORK READINESS PAYMENTS NOTICES; CONCILIATION
CONFERENCE; SANCTIONS.] (a) Except as provided in this
subdivision, grants of work readiness shall be determined using
the standards of assistance, exclusions, disregards, and
procedures which are used in the general assistance program.
Work readiness shall be granted in an amount that, when added to
the nonexempt income actually available to the assistance unit,
the total amount equals the applicable standard of assistance.
(b) Except as provided in section 256D.05, subdivision 6,
work readiness assistance must be paid on the first day of each
month.
At the time the county agency notifies the assistance unit
household that it is eligible for family general assistance or
work readiness assistance and by the first day of each month of
services food stamps, the county agency must inform all
mandatory registrants employment and training services
participants as identified in subdivision 1 in the assistance
unit household that they must comply with all work readiness
food stamp employment and training program requirements that
each month, including the requirement to attend an initial
orientation to the food stamp employment and training program
and that work readiness food stamp eligibility will end at the
end of the month unless the registrants participants comply with
work readiness the requirements specified in the notice. A
registrant who fails, without good cause, to comply with
requirements during this time period, including attendance at
orientation, will lose family general assistance or work
readiness eligibility without notice under section 256D.101,
subdivision 1, paragraph (b). The registrant shall, however, be
sent a notice no later than five days after eligibility ends,
which informs the registrant that family general assistance or
work readiness eligibility has ended in accordance with this
section for failure to comply with work readiness requirements.
The notice shall set forth the factual basis for such
determination and advise the registrant of the right to
reinstate eligibility upon a showing of good cause for the
failure to meet the requirements. Subsequent assistance must
not be issued unless the person completes an application, is
determined eligible, and complies with the work readiness
requirements that had not been complied with, or demonstrates
that the person had good cause for failing to comply with the
requirement. The time during which the person is ineligible
under these provisions is counted as part of the person's period
of eligibility under subdivision 1.
(c) Notwithstanding the provisions of section 256D.01,
subdivision 1a, paragraph (d), when one member of a married
couple has exhausted the five months of work readiness
eligibility in a 12-month period and the other member has one or
more months of eligibility remaining within the same 12-month
period, the standard of assistance applicable to the member who
remains eligible is the first adult standard in the aid to
families with dependent children program.
(d) Notwithstanding sections 256.045 and 256D.10, during
the pendency of an appeal, work readiness payments and services
shall not continue to a person who appeals the termination of
benefits under paragraph (b).
(b) A participant who fails without good cause to comply
with food stamp employment and training program requirements of
this section, including attendance at orientation, will lose
food stamp eligibility for two months or until the county agency
determines that the participant has complied with the program
requirements, whichever is shorter. If the participant is not
the head of household, the person shall be considered an
ineligible household member for food stamp purposes. If the
participant is the head of household, the entire household is
ineligible for food stamps as provided in Code of Federal
Regulations, title 7, section 273.7(g). "Good cause" means
circumstances beyond the control of the participant, such as
illness or injury, illness or injury of another household member
requiring the participant's presence, a household emergency, or
the inability to obtain child care for children between the ages
of six and 12 or to obtain transportation needed in order for
the participant to meet the food stamp employment and training
program participation requirements.
(c) The county agency shall mail or hand deliver a notice
to the participant not later than five days after determining
that the participant has failed without good cause to comply
with food stamp employment and training program requirements
which specifies the requirements that were not complied with,
the factual basis for the determination of noncompliance, the
right to reinstate eligibility upon a showing of good cause or
the failure to meet the requirements, must ask the reason for
the noncompliance, and must identify the participant's appeal
rights. The notice must request that the participant inform the
county agency if the participant believes that good cause
existed for the failure to comply, must offer the participant a
conciliation conference as provided in paragraph (d), and must
state that the county agency intends to terminate eligibility
for food stamp benefits due to failure to comply with food stamp
employment and training program requirements.
(d) The county agency must offer a conciliation conference
to participants who have failed to comply with food stamp
employment and training program requirements. The purpose of
the conference is to determine the cause for noncompliance, to
attempt to resolve the problem causing the noncompliance so that
all requirements are complied with, and to determine if good
cause for noncompliance was present. The conciliation period
shall run for ten working days from the date of the notice
required in paragraph (c). Information about how to request a
conciliation conference must be specified in the notice required
in paragraph (c). If the county agency determines that the
participant, during the conciliation period, complied with all
food stamp employment and training program requirements that the
recipient was required to comply with prior to and during the
conciliation period, or if the county agency determines that
good cause for failing to comply with the requirements was
present, a sanction on the participant's or household's food
stamp eligibility shall not be imposed.
(e) If the county agency determines that the participant
did not comply during the conciliation period with all food
stamp employment and training program requirements that were in
effect prior to and during the conciliation period, and if the
county agency determines that good cause was not present, the
county must provide a ten-day notice of termination of food
stamp benefits. The termination notice must be issued following
the last day of the conciliation period. The amount of food
stamps that are withheld from the household and determination of
the impact of the sanction on other household members is
governed by Code of Federal Regulations, title 7, section 273.7.
(f) The participant may appeal the termination of food
stamp benefits under the provisions of section 256.045.
Sec. 4. Minnesota Statutes 1994, section 256D.051,
subdivision 2, is amended to read:
Subd. 2. [COUNTY AGENCY DUTIES.] (a) The county agency
shall provide to registrants food stamp recipients a work
readiness food stamp employment and training program. The work
readiness program must include:
(1) orientation to the work readiness food stamp employment
and training program;
(2) an individualized employability assessment and an
individualized employability development plan that includes
assessment of literacy, ability to communicate in the English
language, educational and employment history, and that estimates
the length of time it will take the registrant participant to
obtain employment. The employability assessment and development
plan must be completed in consultation with the registrant
participant, must assess the registrant's participant's assets,
barriers, and strengths, and must identify steps necessary to
overcome barriers to employment. A copy of the employability
development plan must be provided to the registrant;
(3) referral to available accredited remedial or skills
training programs designed to address registrant's participant's
barriers to employment;
(4) referral to available programs including the Minnesota
employment and economic development program that provide
subsidized or unsubsidized employment as necessary;
(5) a job search program, including job seeking skills
training; and
(6) other activities, to the extent of available resources
designed by the county agency to prepare the registrant
participant for permanent employment.
The work readiness program may include a public sector or
nonprofit work experience component only if the component is
established according to section 268.90.
In order to allow time for job search, the county agency
may not require an individual to participate in the work
readiness food stamp employment and training program for more
than 32 hours a week. The county agency shall require an
individual to spend at least eight hours a week in job search or
other work readiness food stamp employment and training program
activities.
(b) The county agency shall prepare an annual plan for the
operation of its work readiness food stamp employment and
training program. The plan must be submitted to and approved by
the commissioner of economic security. The plan must include:
(1) a description of the services to be offered by the
county agency;
(2) a plan to coordinate the activities of all public
entities providing employment-related services in order to avoid
duplication of effort and to provide services more efficiently;
(3) a description of the factors that will be taken into
account when determining a client's employability development
plan; and
(4) provisions to assure that applicants and recipients are
evaluated for eligibility for general assistance prior to
termination from the work readiness program; and
(5) provisions to ensure that the county agency's
employment and training service provider provides each recipient
with an orientation, employability assessment, and employability
development plan as specified in paragraph (a), clauses (1) and
(2), within 30 days of the recipient's application eligibility
for assistance.
Sec. 5. Minnesota Statutes 1994, section 256D.051, is
amended by adding a subdivision to read:
Subd. 2a. [DUTIES OF COMMISSIONER.] In addition to any
other duties imposed by law, the commissioner shall:
(1) based on sections 256D.051 and 256D.052 and Code of
Federal Regulations, title 7, section 273.7, supervise the
administration of food stamp employment and training services to
county agencies;
(2) disburse money appropriated for food stamp employment
and training services to county agencies based upon the county's
costs as specified in section 256D.06;
(3) accept and supervise the disbursement of any funds that
may be provided by the federal government or from other sources
for use in this state for food stamp employment and training
services; and
(4) cooperate with other agencies including any agency of
the United States or of another state in all matters concerning
the powers and duties of the commissioner under sections
256D.051 and 256D.052.
Sec. 6. Minnesota Statutes 1994, section 256D.051,
subdivision 3, is amended to read:
Subd. 3. [REGISTRANT PARTICIPANT DUTIES.] In order to
receive work readiness food stamp assistance, a registrant
shall: (1) cooperate with the county agency in all aspects of
the work readiness food stamp employment and training program;
(2) accept any suitable employment, including employment offered
through the job training partnership act, and other employment
and training options; and (3) participate in work readiness food
stamp employment and training activities assigned by the county
agency. The county agency may terminate assistance to a
registrant who fails to cooperate in the work readiness food
stamp employment and training program, as provided in
subdivision 1a.
Sec. 7. Minnesota Statutes 1994, section 256D.051,
subdivision 3a, is amended to read:
Subd. 3a. [PERSONS REQUIRED TO REGISTER FOR AND
PARTICIPATE IN THE WORK READINESS FOOD STAMP EMPLOYMENT AND
TRAINING PROGRAM.] Each person in a work readiness assistance
unit who is 18 years old or older must register for and
participate in the work readiness program. A person in the
assistance unit who is at least 16 years old but less than 19
years old and who is not a full-time secondary school student is
required to register and participate. A student who was
enrolled as a full-time student during the last school term must
be considered a full-time student during summers and school
holidays. (a) To the extent required under Code of Federal
Regulations, title 7, section 273.7(a), each applicant for and
recipient of food stamps is required to register for work as a
condition of eligibility for food stamp benefits. Applicants
and recipients are registered by signing an application or
annual reapplication for food stamps, and must be informed that
they are registering for work by signing the form.
(b) The commissioner shall determine, within federal
requirements, persons required to participate in the Food Stamp
Employment and Training (FSET) program.
(c) The following food stamp recipients are exempt from
mandatory participation in food stamp employment and training
services:
(1) recipients of benefits under the AFDC program,
Minnesota supplemental aid program, or the general assistance
program, except that an adult who receives general assistance
under section 256D.05, subdivision 1, paragraph (b), is not
exempt unless that person qualifies under one of the remaining
exemption provisions in this paragraph;
(2) a child;
(3) a recipient over age 55;
(4) a recipient who has a mental or physical illness,
injury, or incapacity which is expected to continue for at least
30 days and which impairs the recipient's ability to obtain or
retain employment as evidenced by professional certification or
the receipt of temporary or permanent disability benefits issued
by a private or government source;
(5) a parent or other household member responsible for the
care of either a dependent child in the household who is under
age six or a person in the household who is professionally
certified as having a physical or mental illness, injury, or
incapacity. Only one parent or other household member may claim
exemption under this provision;
(6) a recipient receiving unemployment compensation or who
has applied for unemployment compensation and has been required
to register for work with the department of economic security as
part of the unemployment compensation application process;
(7) a recipient participating each week in a drug addiction
or alcohol abuse treatment and rehabilitation program, provided
the operators of the treatment and rehabilitation program, in
consultation with the county agency, recommend that the
recipient not participate in the food stamp employment and
training program;
(8) a recipient employed or self-employed for 30 or more
hours per week at employment paying at least minimum wage, or
who earns wages from employment equal to or exceeding 30 hours
multiplied by the federal minimum wage; or
(9) a student enrolled at least half time in any school,
training program, or institution of higher education. When
determining if a student meets this criteria, the school's,
program's or institution's criteria for being enrolled half time
shall be used.
Sec. 8. Minnesota Statutes 1994, section 256D.051,
subdivision 3b, is amended to read:
Subd. 3b. [WORK READINESS PARTICIPATION REQUIREMENTS
ORIENTATION.] A work readiness registrant meets the work
readiness participation requirements if the registrant:
(1) completes the specific tasks or assigned duties that
were identified by the county agency in the notice required
under section 256D.101, subdivision 1, paragraph (a); and
(2) meets the requirements in subdivisions 3 and 8. The
county agency or its employment and training service provider
must provide an orientation to food stamp employment and
training services to each nonexempt food stamp recipient within
30 days of the date that food stamp eligibility is determined.
The orientation must inform the participant of the requirement
to participate in services, the date, time, and address to
report to for services, the name and telephone number of the
food stamp employment and training service provider, the
consequences for failure without good cause to comply, the
services and support services available through food stamp
employment and training services and other providers of similar
services, and must encourage the participant to view the food
stamp program as a temporary means of supplementing the family's
food needs until the family achieves self-sufficiency through
employment. The orientation may be provided through
audio-visual methods, but the participant must have the
opportunity for face-to-face interaction with county agency
staff.
Sec. 9. Minnesota Statutes 1994, section 256D.051,
subdivision 6, is amended to read:
Subd. 6. [SERVICE COSTS.] Within the limits of available
resources, the commissioner shall reimburse 92 percent of county
agency expenditures for providing work readiness food stamp
employment and training services including direct participation
expenses and administrative costs, except as provided in section
256.017. State work readiness food stamp employment and
training funds shall be used only to pay the county agency's and
work readiness food stamp employment and training service
provider's actual costs of providing participant support
services, direct program services, and program administrative
costs for persons who participate in work readiness such
employment and training services. Beginning July 1, 1991, The
average annual reimbursable cost for providing work readiness
food stamp employment and training services to a recipient for
whom an individualized employability development plan is not
completed must not exceed $60 for the work readiness food stamp
employment and training services, and $223 $240 for necessary
recipient support services such as transportation or child care
needed to participate in work readiness services food stamp
employment and training program. If an individualized
employability development plan has been completed, the average
annual reimbursable cost for providing work readiness food stamp
employment and training services must not exceed $283, except
that the total annual average reimbursable cost shall not exceed
$804 for recipients who participate in a pilot project work
experience program under Laws 1993, First Special Session
chapter 1, article 6, section 55, $300 for all services and
costs necessary to implement the plan, including the costs of
training, employment search assistance, placement, work
experience, on-the-job training, other appropriate activities,
the administrative and program costs incurred in providing these
services, and necessary recipient support services such as
tools, clothing, and transportation needed to participate
in work readiness food stamp employment and training services.
Beginning July 1, 1991, the state will reimburse counties, up to
the limit of state appropriations, according to the payment
schedule in section 256.025 for the county share of costs
incurred under this subdivision on or after January 1, 1991.
Payment to counties under this subdivision is subject to the
provisions of section 256.017. The county agency may expend
additional county funds over and above the dollar limits of this
subdivision without state reimbursement.
Sec. 10. Minnesota Statutes 1994, section 256D.051,
subdivision 6b, is amended to read:
Subd. 6b. [FEDERAL REIMBURSEMENT.] Federal financial
participation from the United States Department of Agriculture
for work readiness food stamp employment and training
expenditures that are eligible for reimbursement through the
food stamp employment and training program are dedicated funds
and are annually appropriated to the commissioner of human
services for the operation of the work readiness food stamp
employment and training program. Federal financial
participation for the nonstate portion of work readiness food
stamp employment and training costs must be paid to the county
agency that incurred the costs.
Sec. 11. Minnesota Statutes 1994, section 256D.051,
subdivision 8, is amended to read:
Subd. 8. [VOLUNTARY QUIT.] A person who is required to
participate in work readiness food stamp employment and training
services is not eligible for general assistance or work
readiness payments or services food stamps if, without good
cause, the person refuses a legitimate offer of, or quits,
suitable employment within 60 days before the date of
application. A person who is required to participate in work
readiness food stamp employment and training services and,
without good cause, voluntarily quits suitable employment or
refuses a legitimate offer of suitable employment while
receiving general assistance or work readiness payments or
services food stamps shall be terminated from the general
assistance or work readiness food stamp program as specified in
subdivision 1a.
Sec. 12. Minnesota Statutes 1994, section 256D.051,
subdivision 9, is amended to read:
Subd. 9. [SUBCONTRACTORS.] A county agency may, at its
option, subcontract any or all of the duties under subdivision 2
this section to a public or private entity approved by the
commissioner of economic security.
Sec. 13. Minnesota Statutes 1994, section 256D.051,
subdivision 17, is amended to read:
Subd. 17. [START WORK GRANTS.] Within the limit of
available appropriations, the county agency may make grants
necessary to enable work readiness recipients food stamp
employment training program participants to accept bona fide
offers of employment. The grants may be made for costs directly
related to starting employment, including transportation costs,
clothing, tools and equipment, license or other fees, and
relocation. Start work grants are available once in any
12-month period to a recipient participant. The commissioner
shall allocate money appropriated for start work grants to
counties based on each county's work readiness food stamp
employment and training program caseload in the 12 months ending
in March for each following state fiscal year and may reallocate
any unspent amounts.
Sec. 14. Minnesota Statutes 1994, section 256D.052,
subdivision 3, is amended to read:
Subd. 3. [SERVICES PROVIDED PARTICIPANT LITERACY
TRANSPORTATION COSTS.] Within the limits of the state
appropriation the county agency must provide transportation to
enable people food stamp employment and training participants to
participate in literacy training under this section. The state
shall reimburse county agencies for the costs of providing
transportation under this section up to the amount of the state
appropriation. Counties must make every effort to ensure that
child care is available as needed by recipients who are pursuing
literacy training.
Sec. 15. [256D.23] [TEMPORARY COUNTY ASSISTANCE PROGRAM.]
Subdivision 1. [PROGRAM ESTABLISHED.] Minnesota residents
who meet the income and resource standards of section 256D.01,
subdivision 1a, but do not qualify for cash benefits under
sections 256D.01 to 256D.22, may qualify for a county payment
under this section.
Subd. 2. [PAYMENT AMOUNT, DURATION, AND METHOD.] (a) A
county may make a payment of up to $203 for a single individual
and up to $260 for a married couple under the terms of this
subdivision.
(b) Payments to an individual or married couple may only be
made once in a calendar year. If the applicant qualifies for a
payment as a result of an emergency, as defined by the county,
the payment shall be made within ten working days of the date of
application. If the applicant does not qualify under the county
definition of emergency, the payment shall be made at the
beginning of the second month following the month of
application, and the applicant must receive the payment in
person at the local agency office.
(c) Payments may be made in the form of cash or as vendor
payments for rent and utilities. If vendor payments are made,
they shall be equal to $203 for a single individual or $260 for
a married couple, or the actual amount of rent and utilities,
whichever is less.
(d) Each county must develop policies and procedures as
necessary to implement this section.
(e) Payments under this section are not an entitlement. No
county is required to make a payment in excess of the amount
available to the county under subdivision 3.
Subd. 3. [STATE ALLOCATION TO COUNTIES.] The commissioner
shall allocate to each county on an annual basis the amount
specifically appropriated for payments under this section. The
allocation shall be based on each county's proportionate share
of state fiscal year 1994 work readiness expenditures.
Sec. 16. [APPROPRIATIONS]
Subdivision 1. [GENERAL ASSISTANCE GRANTS.] $5,281,000 is
appropriated from the general fund to the commissioner of human
services for the biennium ending June 30, 1997, to cover the
projected expansion in the general assistance caseload
attributable to the transfer of some work readiness clients to
general assistance.
Subd. 2. [TEMPORARY COUNTY ASSISTANCE.] $6,427,000 is
appropriated from the general fund to the commissioner of human
services for the biennium ending June 30, 1997, for purposes of
the temporary county assistance program under Minnesota
Statutes, section 256D.23.* (The preceding subdivision was vetoed by
the
governor.)
Sec. 17. [INSTRUCTION TO REVISOR.]
The revisor of statutes is directed to delete the words
"work readiness" wherever they appear in Minnesota Statutes,
sections 256D.01 to 256D.21, in the next and subsequent editions
of Minnesota Statutes.
Sec. 18. [REPEALER.]
Minnesota Statutes 1994, sections 256D.051, subdivisions
10, 13, 14, and 15; 256D.052, subdivisions 1, 2, and 4;
256D.091; 256D.101; 256D.111; and 256D.113, are repealed.
ARTICLE 7
MINNESOTA FAMILY INVESTMENT PLAN EXPANSION
Section 1. [256.047] [EXPANSION OF MFIP TO RAMSEY COUNTY
(MFIP-R).]
Subdivision 1. [MISSION STATEMENT.] The goal of MFIP-R
employment and pre-employment services is to help caregivers
increase their family income in a timely manner through paid
employment.
Subd. 2. [SERVICE PROVIDING AGENCIES.] Employment and
pre-employment services must be offered by providers certified
by the commissioner of economic security who meet the standards
in section 268.871, subdivision 1. County agencies must ensure
that all services, including contracted services, meet the
requirements of MFIP-R services according to section 256.048,
subdivision 6.
Subd. 3. [STAFFING.] County agencies may hire MFIP-R
staff, which includes employment specialists, job developers,
and vocational counselors to provide pre-employment and
employment services described in section 256.048, subdivision 6,
and coordinate social and support services. County agencies are
expected to ensure that staff providing employment and
pre-employment services have the necessary training and
experience to perform the specific services which they are
assigned to do.
Sec. 2. [256.0475] [DEFINITIONS.]
Subdivision 1. [EMPLOYABILITY PLAN.] "Employability plan"
means the plan developed by MFIP-R staff and the caregiver under
section 256.048.
Subd. 2. [FAMILY SUPPORT AGREEMENT.] "Family support
agreement" means the subsection of the employability plan which
is limited to employment, education, employment and training
services, and scheduled meetings with MFIP-R staff. For
mandatory caregivers, noncompliance with the family support
agreement may result in sanction.
Subd. 3. [MANDATORY CAREGIVER.] "Mandatory caregiver"
means a caregiver who is required to develop a family support
agreement under section 256.048, and is not exempt under that
section.
Subd. 4. [MFIP-R.] "MFIP-R" means the pre-employment and
employment program under section 256.048 provided to caregivers
assigned to the Minnesota family investment plan in Ramsey
county who receive financial assistance under sections 256.033,
256.034, and 256.036.
Sec. 3. [256.048] [INCOME SUPPORT AND TRANSITION.]
Subdivision 1. [EXPECTATIONS.] The requirement for a
caregiver to develop a family support agreement is tied to the
structure of the family and the length of time on assistance
according to paragraphs (a) to (c).
(a) In a family headed by a single adult parental caregiver
who has received AFDC, family general assistance, MFIP, or a
combination of AFDC, family general assistance, and MFIP
assistance for 12 or more months within the preceding 24 months,
the parental caregiver must be developing and complying with the
terms of the family support agreement commencing with the 13th
month of assistance.
(b) For a family with a minor parental caregiver or a
family whose parental caregiver is 18 or 19 years of age and
does not have a high school diploma or its equivalent, the
parental caregiver must be developing and complying with a
family support agreement concurrent with the receipt of
assistance. The terms of the family support agreement must
include compliance with section 256.736, subdivision 3b. If the
parental caregiver fails to comply with the terms of the family
support agreement, the sanctions in subdivision 4 apply. When
the requirements in section 256.736, subdivision 3b, have been
met, a caregiver has fulfilled the caregiver's obligation.
County agencies must continue to offer MFIP-R services if the
caregiver wants to continue with an employability plan.
Caregivers who fulfill the requirements of section 256.736,
subdivision 3b, are subject to the expectations of paragraphs
(a) and (c).
(c) In a family with two adult parental caregivers, at
least one of whom has received AFDC, family general assistance,
MFIP, or a combination of AFDC, family general assistance, and
MFIP assistance for six or more months within the preceding 12
months, one parental caregiver must be developing and complying
with the terms of the family support agreement commencing with
the seventh month of assistance. The family and MFIP-R staff
will designate the parental caregiver who will develop the
family support agreement based on which parent has the greater
potential to increase family income through immediate employment.
Subd. 2. [EXEMPTIONS.] A caregiver is exempt from
expectations as provided in paragraphs (a) and (b).
(a) Except for clause (4), which applies only for a
single-parent family, a caregiver in a single-parent or
two-parent family is exempt from the expectations of MFIP-R if
the caregiver is:
(1) ill, incapacitated, or 60 years of age or older;
(2) needed in the home because of the illness or incapacity
of another family member;
(3) the parent of a child under one year of age and is
personally providing care for the child. This exemption does
not apply to the school attendance requirement for minor parents
or 18- and 19-year old parents as provided in section 256.736,
subdivision 3b, paragraphs (f) and (g);
(4) the parent of a child under six years of age and is
employed or participating in education or employment and
training services for 20 or more hours per week. This exemption
does not apply to the school attendance requirement for minor
parents or 18- and 19-year-old parents as provided in section
256.736, subdivision 3b, paragraph (f), clause (5);
(5) working 30 hours or more per week or, if the number of
hours cannot be verified, earns weekly, at least the federal
minimum hourly wage rate multiplied by 30;
(6) in the second or third trimester of pregnancy; or
(7) not the natural parent, adoptive parent, or stepparent
of a minor child in the assistance unit.
(b) In a two-parent household, only one parent may be
exempt under paragraph (a), clause (2) or (3). If paragraph
(a), clause (5), applies to either parent in a two-parent
family, the other parent is exempt. In a two-parent household,
if the parent designated to develop a family support agreement
becomes exempt and the exemption is expected to last longer than
six months, then the second parent is required to develop a
family support agreement unless otherwise exempt under paragraph
(a).
Subd. 3. [GOOD CAUSE FOR FAILURE TO COMPLY.] Caregivers
may claim the following reasons as good cause for failure to
comply with the expectations of MFIP-R employment and
pre-employment services:
(1) needed child care is not available;
(2) the job does not meet the definition of suitable
employment according to section 256.736, subdivision 1a,
paragraph (h);
(3) the parental caregiver is ill, incapacitated, or
injured;
(4) a family member is ill and needs care by the parental
caregiver;
(5) the parental caregiver is unable to secure the
necessary transportation;
(6) the parental caregiver is in an emergency situation;
(7) the schedule of compliance with the family support
agreement conflicts with judicial proceedings;
(8) the parental caregiver is already participating in
acceptable activities;
(9) the family support agreement requires an educational
program for a parent under the age of 20, but the educational
program is not offered in the school district;
(10) activities identified in the family support agreement
are not available;
(11) the parental caregiver is willing to accept suitable
employment but employment is not available;
(12) the parental caregiver documents other verifiable
impediments to compliance with the family support agreement
beyond the parental caregiver's control; or
(13) the family support agreement requires an educational
program for a parent under the age of 20, but the only available
school program requires round trip commuting time from the
custodial parent's residence of more than two hours by available
means of transportation, excluding the time necessary to
transport children to and from child care.
Subd. 4. [SANCTION.] The county agency must reduce an
assistance unit's assistance payment by ten percent of the
transitional standard for the applicable family size when a
caregiver, who is not exempt from the expectations in this
section, fails to attend a mandatory briefing, fails to attend
scheduled meetings with MFIP-R staff, or fails to develop or
comply with the terms of the caregiver's family support
agreement. MFIP-R staff must send caregivers a notice of intent
to sanction. For the purpose of this section, "notice of intent
to sanction" means MFIP-R staff must provide written
notification to the caregiver that the caregiver is not
fulfilling the requirement to develop or comply with the family
support agreement. This notification must inform the caregiver
of the right to request a conciliation conference within ten
days of the mailing of the notice of intent to sanction or the
right to request a fair hearing under section 256.045. If a
caregiver requests a conciliation conference, the county agency
must postpone implementation of the sanction pending completion
of the conciliation conference. If the caregiver does not
request a conciliation conference within ten calendar days of
the mailing of the notice of intent to sanction, the MFIP-R
staff must notify the county agency that the assistance payment
should be reduced.
Upon notification from MFIP-R staff that an assistance
payment should be reduced, the county agency must send a notice
of adverse action to the caregiver stating that the assistance
payment will be reduced in the next month following the ten-day
notice requirement and state the reason for the action. For the
purpose of this section, "notice of adverse action" means the
county agency must send a notice of sanction, reduction,
suspension, denial, or termination of benefits before taking any
of those actions. The caregiver may request a fair hearing
under section 256.045, upon notice of intent to sanction or
notice of adverse action, but the conciliation conference is
available only upon notice of intent to sanction.
Subd. 5. [ORIENTATION.] The county agency must provide a
financial assistance orientation which supplies information to
caregivers about the MFIP-R and must encourage parental
caregivers to engage in activities to stabilize the family and
lead to employment and self-support.
Subd. 6. [PRE-EMPLOYMENT AND EMPLOYMENT SERVICES.] The
county agency must provide services identified in clauses (1) to
(10). Services include:
(1) a required briefing for all nonmandatory caregivers
assigned to MFIP-R, which includes a review of the information
presented at an earlier MFIP-R orientation pursuant to
subdivision 5, and an overview of services available under
MFIP-R pre-employment and employment services, an overview of
job search techniques, and the opportunity to volunteer for
MFIP-R job search activities and basic education services;
(2) a briefing for all mandatory caregivers assigned to
MFIP-R, which includes a review of the information presented at
an earlier MFIP-R orientation pursuant to subdivision 5, and an
overview of services available under MFIP-R pre-employment and
employment services;
(3) an MFIP assessment that meets the requirements of
section 256.736, subdivision 10, paragraph (a), clause (14), and
addresses caregivers' skills, abilities, interests, and needs;
(4) development, together with the caregiver, of an
employability plan and family support agreement according to
subdivision 7;
(5) coordination of services including child care,
transportation, education assistance, and social services
necessary to enable caregivers to fulfill the terms of the
employability plan and family support agreement;
(6) provision of full-time English as a second language
(ESL) classes;
(7) provision of a broad range of employment and
pre-employment services including basic skills testing, interest
and aptitude testing, career exploration, job search activities,
community work experience program under section 256.737, or
on-the-job training under section 256.738;
(8) evaluation of the caregiver's compliance with the
employability plan and family support agreement and support and
recognition of progress toward employment goals;
(9) provision of postemployment follow-up for up to six
months after caregivers become exempt or exit MFIP-R due to
employment if requested by the caregiver; and
(10) approval of education and training program activities.
Subd. 7. [EMPLOYABILITY PLAN AND FAMILY SUPPORT
AGREEMENT.] (a) The caregiver and MFIP-R staff will develop an
employability plan and family support agreement. The
employability plan includes the caregiver's overall employment
goal, activities necessary to reach that goal, a timeline for
each activity, and the support services provided by the agency.
All activities in the employability plan must contribute to the
caregiver's overall employment goal.
(b) The family support agreement is the enforceable section
of an employability plan for mandatory caregivers. The family
support agreement must be limited to employment, education, or
employment and training services, and scheduled meetings with
MFIP-R staff. The family support agreement must be signed by
both an MFIP-R staff and the parental caregiver.
(1) In developing an employability plan and family support
agreement, MFIP-R staff must discuss with the caregiver the
economic benefits under MFIP of taking available employment.
MFIP-R staff must provide examples of how different levels of
earnings increase available income.
(2) Activities in the family support agreement must enhance
the family's opportunities to increase its income in a timely
manner through paid employment.
(3) Each step of the family support agreement shall build
upon prior steps and facilitate progress toward the caregiver's
overall employment goal.
(4) Social services, such as mental health or chemical
dependency services, parenting education, or budget management,
can be included in the employability plan but not in the family
support agreement and are not subject to sanctions under
subdivision 4.
(5) The family support agreement must state the parental
caregiver's obligations and the standards for satisfactory
compliance with the requirements of MFIP-R.
Subd. 8. [REQUIREMENT TO ATTEND BRIEFING.] All MFIP-R
caregivers are required to attend a mandatory briefing which
includes a review of the information presented at an earlier
MFIP-R orientation pursuant to subdivision 5, and an overview of
services available under MFIP-R pre-employment and employment
services.
Subd. 9. [REQUIREMENT TO PARTICIPATE IN JOB SEARCH.] The
family support agreement for mandatory caregivers will include
30 hours per week of job search activity. The family support
agreement for single parental caregivers with a child under the
age of six may require no more than 20 hours of job search
activity. Job search requirements do not apply to minor
parental caregivers and parental caregivers under the age of 20
who must meet the educational requirement under section 256.736,
subdivision 3b.
Subd. 10. [LENGTH OF JOB SEARCH.] Caregivers participating
in job search shall have eight weeks to find employment which is
consistent with the employment goal in the family support
agreement. If after eight weeks of job search the parental
caregiver does not find employment consistent with the overall
employment goal, the caregiver must accept any suitable
employment.
Subd. 11. [LEVEL OF EMPLOYMENT.] Caregivers participating
in job search are expected to seek and accept full-time
employment. Any caregiver satisfies this requirement by working
at least 30 hours per week. Single parents with a child under
the age of six satisfy the requirement by working at least 20
hours per week.
Subd. 12. [CESSATION OF EMPLOYMENT.] Mandatory caregivers
who quit a job, are laid off, or are terminated must contact
MFIP-R staff within ten calendar days of the date the employment
ended to schedule a meeting to revise the family support
agreement to incorporate job search activities to obtain
suitable employment. A caregiver who fails to contact MFIP-R
staff within ten calendar days, fails to attend a scheduled
meeting to revise the family support agreement, or fails to
accept an offer of suitable employment is subject to sanctions
under subdivision 4.
Subd. 13. [EDUCATION AND TRAINING ACTIVITIES; BASIC
EDUCATION.] Basic education, including adult basic education,
high school or general equivalency diploma, or ESL may be
included in the family support agreement when a caregiver is
actively participating in job search activities as specified in
the family support agreement, or employed at least 12 hours per
week. Six months of basic education activities may be included
in the family support agreement, and extension of basic
education activities is contingent upon review and approval by
MFIP-R staff.
Non-English speaking caregivers have the option to
participate in full-time ESL activities for up to six months
prior to participation in job search with approval of MFIP-R
staff.
Subd. 14. [EDUCATION AND TRAINING ACTIVITIES;
POST-SECONDARY EDUCATION.] (a) Mandatory caregivers, mandatory
caregivers who become exempt, and caregivers converted from
STRIDE or ACCESS may have post-secondary education included in
the family support agreement. For individuals who are
participating in an educational program under this paragraph on
a full-time basis as determined by the institution, there is no
work requirement. For individuals participating in an
educational program on a part-time basis as determined by the
institution, the minimum number of hours that a participant must
work shall be increased or decreased in inverse proportion to
the number of credit hours being taken, up to a maximum of 12
hours weekly of work.
(b) Conditions for approval of a post-secondary education
program include demonstration by the caregiver that:
(1) there is a market for full-time employees with this
education or training where the caregiver will or is willing to
reside upon completion of the program;
(2) the average wage level for employees with this
education or training is significantly greater than the
caregiver can earn without this education or training;
(3) the caregiver can meet the requirements for admission
into the program; and
(4) there is a reasonable expectation that the caregiver
will complete the training program based on such factors as the
caregiver's current MFIP assessment; previous education,
training, and work history; current motivation; and changes in
previous circumstances.
(c) A comparison must be made between income foregone by
delaying immediate entry into full-time paid employment while in
pursuit of education or training and the probable income which
will be earned following the education or training. The
advantages and disadvantages to the family must be discussed
with respect to both options.
(d) Activities under this subdivision are limited to the
equivalent of two years of full-time education, with the
following exceptions:
(1) caregivers in subdivision 15;
(2) caregivers who have already obtained a post-secondary
degree. These caregivers are limited to course work necessary
to upgrade skills, or obtain licensure or certification;
(3) extenuating circumstances that prohibit the caregiver
from completing the program within the equivalent of two years;
or
(4) the education activities may be part of a four-year
education program provided the family support agreement
specifies that the employment goal will be met at the time the
caregiver completes the equivalent of two years of full-time
education or that the caregiver will participate in activities
leading to the employment goal following completion of the two
years of full-time education.
(e) Caregivers in education or training programs must
maintain satisfactory progress. "Satisfactory progress" in an
education or training program means the caregiver remains in
good standing as defined by the education or training
institution and meets the requirements in the caregiver's MFIP-R
employability plan. MFIP-R staff may withdraw approval of the
caregiver's employability plan when the caregiver does not
maintain satisfactory progress in the education or training
program.
Subd. 15. [CONVERTED STRIDE AND ACCESS CASES.] Caregivers
with an employability plan from STRIDE or ACCESS must develop an
MFIP-R employability plan. With approval of the MFIP-R staff,
the family support agreement for caregivers under this section
may include continuation of educational activities, up to a
baccalaureate degree, if initiated under STRIDE or ACCESS.
Caregivers who continue these activities must also participate
in job search or work at least 12 hours per week.
Subd. 16. [REVISIONS TO FAMILY SUPPORT AGREEMENT.] The
caregiver may revise the family support agreement with approval
of MFIP-R staff.
Subd. 17. [VOLUNTEERS FOR MFIP-R PRE-EMPLOYMENT AND
EMPLOYMENT SERVICES.] (a) Upon request, local agencies must
continue to offer MFIP-R services to:
(1) caregivers with a signed family support agreement who
become exempt under subdivision 2; and
(2) caregivers randomly assigned to MFIP during the
conversion period who have an active STRIDE or ACCESS plan.
(b) County agencies must also service the following
caregivers, as funding allows:
(1) second parent in a two-parent family; and
(2) caregivers who have not reached the timing for
mandatory participation.
(c) Volunteers under paragraph (a) may access all MFIP-R
services. Volunteers under paragraph (b), clause (1), may
access MFIP-R job search and basic education services only.
Volunteers under paragraph (b), clause (2), may access only
MFIP-R job search services.
(d) Caregivers identified in this subdivision are voluntary
participants for MFIP-R pre-employment and employment services
and may not be sanctioned for failure to cooperate unless they
reach the timing of MFIP-R pre-employment and employment
services under subdivision 6, or are no longer exempt under
subdivision 2.
Subd. 18. [CONCILIATION.] The county agency must inform
the mandatory parental caregiver of the option of a conciliation
conference when the mandatory parental caregiver receives a
notice of intent to sanction or cannot reach agreement with
MFIP-R staff about the contents or interpretation of the family
support agreement.
Conciliation procedures shall be available as provided in
section 256.736, subdivision 11, paragraph (c). Upon receiving
a notice of intent to sanction, a caregiver may request a
hearing under section 256.045 without exercising the option of a
conciliation conference.
Subd. 19. [CHILD CARE.] The commissioner shall ensure that
each MFIP caregiver who is employed or is developing or is
engaged in activities identified in an employability plan under
subdivision 7, and who needs assistance with child care costs to
be employed or to develop or comply with the terms for an
employability plan, receives a child care subsidy through child
care money appropriated for the MFIP. The subsidy must cover
all actual child care costs for eligible hours up to the maximum
rate allowed under section 256H.15. A caregiver who is in the
assistance unit and leaves the program as a result of increased
earnings from employment, and needs child care assistance to
remain employed, is entitled to extended child care assistance
as provided under United States Code, title 42, section
602(g)(1)(a)(ii), on a copayment basis.
Subd. 20. [HEALTH CARE.] A family leaving the program as a
result of increased earnings from employment is eligible for
extended medical assistance as provided under Public Law Number
100-485, section 303, as amended, and Public Law Number 101-239,
section 8015(b)(7).
Sec. 4. [256.049] [APPLICABILITY.]
Section 256.035 will not apply to the expansion of MFIP
into Ramsey county (MFIP-R). Sections 256.047 to 256.048 will
substitute for section 256.035 for the purposes of MFIP-R.
Sections 256.031 to 256.034, and 256.036, 256.0361, and 268.871
are applicable to MFIP-R insofar as they are not inconsistent
with sections 256.047 to 256.048. Minnesota Rules, part
9500.4220, does not apply to MFIP-R. Minnesota Rules, parts
9500.4000 to 9500.4210, and 9500.4230 to 9500.4340, are
applicable to the expansion of MFIP into Ramsey county insofar
as they are not inconsistent with sections 256.047 to 256.048.
Sec. 5. [APPROPRIATIONS.]
Subdivision 1. [COUNTY ADMINISTRATIVE COSTS.] (a) $50,000
is appropriated to pay for MFIP-R county administrative costs
for the fiscal year beginning July 1, 1995.
(b) $200,000 is appropriated to pay for MFIP-R county
administrative costs for the fiscal year beginning July 1, 1996.
Subd. 2. [MFIP-R.] $6,589,000 is appropriated for the
expansion of MFIP-R into Ramsey county for grants and child care
for fiscal year beginning July 1, 1996.
Subd. 3. [MFIP-R CASE MANAGEMENT.] $1,601,000 is
appropriated for MFIP-R case management for the fiscal year
beginning July 1, 1996.
Sec. 6. [EFFECTIVE DATE.]
(a) Sections 1 to 4 and 5, subdivisions 1, paragraph (b),
2, and 3, are effective July 1, 1996.
(b) Section 5, subdivision 1, paragraph (a), is effective
July 1, 1995.
Presented to the governor May 15, 1995
Signed by the governor May 18, 1995, 11:48 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes