Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 85-S.F.No. 1
An act relating to welfare reform; establishing the
Minnesota family investment program-statewide and work
first program pilot projects; making changes to public
assistance programs; making technical changes; making
program integrity initiatives; amending Minnesota
Statutes 1996, sections 13.46, subdivisions 1 and 2;
13.82, subdivision 1; 84.98, subdivision 3; 136A.125,
subdivision 2; 196.27; 237.70, subdivision 4a;
254B.02, subdivision 1; 256.01, subdivisions 2 and 4a;
256.017, subdivisions 1, 2, and 4; 256.019; 256.031,
subdivision 5, and by adding a subdivision; 256.033,
subdivisions 1 and 1a; 256.045, subdivision 3;
256.046; 256.736, subdivision 3a; 256.74, subdivision
1, and by adding a subdivision; 256.81; 256.82,
subdivision 2; 256.935, subdivision 1; 256.9354, by
adding a subdivision; 256.98, subdivisions 1, 4, and
8; 256.981; 256.983, subdivisions 1 and 4; 256.984,
subdivision 1; 256.986; 256.9861, subdivisions 1, 2,
4, and 5; 256B.055, subdivisions 3, 5, and by adding a
subdivision; 256B.056, subdivisions 1a, 3, and 4;
256B.057, subdivisions 1, 1b, and 2b; 256B.06,
subdivision 4, and by adding a subdivision; 256B.062;
256D.01, subdivisions 1, 1a, and 1e; 256D.02,
subdivisions 6 and 12a; 256D.03, subdivision 3;
256D.05, subdivisions 1, 2, 5, 7, and 8; 256D.051,
subdivisions 1a, 2a, 3a, and by adding a subdivision;
256D.055; 256D.06, subdivision 2; 256D.08,
subdivisions 1 and 2; 256D.09, subdivision 6, and by
adding a subdivision; 256D.435, subdivision 3;
256D.44, subdivision 5; 256E.03, subdivision 2;
256E.06, subdivisions 1 and 3; 256E.07, subdivision 1;
256E.08, subdivision 3; 256F.05, subdivision 5;
256G.01, subdivision 4; 256G.03, subdivision 2;
256G.05, subdivision 2; 257.3573, subdivision 2;
259.67, subdivision 4; 260.38; 268.0111, subdivisions
5 and 7; 268.0122, subdivision 3; 268.552, subdivision
5; 268.6751, subdivision 1; 268.676, subdivision 1;
268.86, subdivision 2; 268.871, subdivision 1; 268.90,
subdivision 2; 268.916; 268.95, subdivision 4;
270A.03, subdivision 5; 388.23, subdivision 1; 393.07,
subdivisions 6 and 10; 477A.0122, subdivision 2; and
550.37, subdivision 14; proposing coding for new law
in Minnesota Statutes, chapters 256; 256B; and 256D;
proposing coding for new law as Minnesota Statutes,
chapters 256J; and 256K; repealing Minnesota Statutes
1996, sections 256.12, subdivisions 9, 10, 14, 15, 19,
20, 21, 22, and 23; 256.72; 256.73, subdivisions 1,
1a, 1b, 2, 3a, 3b, 5, 5a, 6, 8, 8a, 9, 10, and 11;
256.7341; 256.7351; 256.7352; 256.7353; 256.7354;
256.7355; 256.7356; 256.7357; 256.7358; 256.7359;
256.736, subdivisions 16 and 18; 256.7365,
subdivisions 1, 2, 3, 4, 5, 6, 7, and 9; 256.7366;
256.737; 256.738; 256.7381; 256.7382; 256.7383;
256.7384; 256.7385; 256.7386; 256.7387; 256.7388;
256.739; 256.74, subdivisions 1, 1a, 1b, 2, and 6;
256.745; 256.75; 256.76, subdivision 1; 256.78;
256.80; 256.81; 256.84; 256.85; 256.86; 256.863;
256.871; 256.8711; 256.879; 256D.02, subdivision 5;
256D.0511; and 256D.065.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
MINNESOTA FAMILY INVESTMENT PROGRAM-STATEWIDE
Section 1. [256J.01] [ESTABLISHING MINNESOTA FAMILY
INVESTMENT PROGRAM-STATEWIDE.]
Subdivision 1. [IMPLEMENTATION OF MINNESOTA FAMILY
INVESTMENT PROGRAM-STATEWIDE (MFIP-S).] This chapter and chapter
256K may be cited as the Minnesota family investment
program-statewide (MFIP-S). MFIP-S is the statewide
implementation of components of the Minnesota family investment
plan (MFIP) authorized under section 256.031 and Minnesota
family investment plan-Ramsey county (MFIP-R) in section 256.047.
Subd. 2. [IMPLEMENTATION OF TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES (TANF).] The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, Public Law Number
104-193, eliminates the entitlement program of aid to families
with dependent children (AFDC) and replaces it with block grants
to states for temporary assistance for needy families (TANF).
TANF provides cash assistance for a limited time to families
with children and to pregnant women. Minnesota's TANF
assistance will be provided through a statewide expansion of
MFIP. The modifications specified in this chapter are necessary
to comply with the new federal law and to improve MFIP.
Eligible applicants and recipients of AFDC, family general
assistance, and food stamps will be converted to the MFIP-S
program. Effective January 1, 1998, any new application
received for family cash assistance will be processed under the
rules of chapter 256J. Case maintenance conversion for existing
AFDC and FGA cases to MFIP-S as described in chapter 256J will
begin January 1, 1998, and continue through March 31, 1998.
Subd. 3. [RELATIONSHIP TO OTHER STATUTES AND
RULES.] MFIP-S replaces eligibility for families with children
and pregnant women under the general assistance program,
governed by sections 256D.01 to 256D.21 and Minnesota Rules,
parts 9500.1200 to 9500.1270.
Subd. 4. [CHANGES TO WAIVERS.] The commissioner of human
services may negotiate and obtain changes in the federal waivers
and terms and conditions contained in MFIP, MFIP-R, and MFIP-S.
The commissioner may also terminate federal waivers by directing
so in the applicable state plan.
Subd. 5. [COMPLIANCE SYSTEM.] The commissioner shall
administer a compliance system for the state's temporary
assistance for needy families (TANF) program, the food stamp
program, emergency assistance, general assistance, medical
assistance, general assistance medical care, emergency general
assistance, Minnesota supplemental aid, preadmission screening,
child support program, and alternative care grants under the
powers and authorities named in section 256.01, subdivision 2.
The purpose of the compliance system is to permit the
commissioner to supervise the administration of public
assistance programs and to enforce timely and accurate
distribution of benefits, completeness of service and efficient
and effective program management and operations, to increase
uniformity and consistency in the administration and delivery of
public assistance programs throughout the state, and to reduce
the possibility of sanction and fiscal disallowances for
noncompliance with federal regulations and state statutes.
Sec. 2. [256J.02] [FEDERAL TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES BLOCK GRANT.]
Subdivision 1. [COMMISSIONER'S AUTHORITY TO ADMINISTER
BLOCK GRANT FUNDS.] The commissioner of human services is
authorized to receive, administer, and expend funds available
under the TANF block grant authorized under title I of Public
Law Number 104-193, the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
Subd. 2. [USE OF MONEY.] State money appropriated for
purposes of this section and TANF block grant money must be used
for:
(1) financial assistance to or on behalf of any minor child
who is a resident of this state under section 256J.12;
(2) employment and training services under this chapter or
chapter 256K;
(3) emergency financial assistance and services under
section 256J.48;
(4) diversionary assistance under section 256J.47; and
(5) program administration under this chapter.
Subd. 3. [CARRY FORWARD OF FEDERAL MONEY.] Temporary
assistance for needy families block grant money must be
appropriated for the purposes in this section and is available
until expended.
Subd. 4. [AUTHORITY TO TRANSFER.] Subject to limitations
of title I of Public Law Number 104-193, the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
the legislature may transfer money from the TANF block grant to
the child care fund under chapter 119B, or the Title XX block
grant under section 256E.07.
Subd. 5. [INDIRECT COST LIABILITY.] Notwithstanding the
provisions of section 16A.127, the statewide and agency indirect
cost liability identified as part of the TANF grant for any
current fiscal year shall be limited to no more than the amount
received in fiscal year 1996.
Sec. 3. [256J.06] [COMMUNITY INVOLVEMENT.]
The MFIP-S 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, program participants, labor unions, and neighborhood
associations are involved.
Sec. 4. [256J.08] [DEFINITIONS.]
Subdivision 1. [SCOPE OF DEFINITIONS.] The terms used in
this chapter have the following meanings unless otherwise
provided for by text.
Subd. 2. [ABSENT PARENT.] "Absent parent" means a minor
child's parent who does not live in the same home as the child.
Subd. 3. [AGENCY ERROR.] "Agency error" means an error
that results in an overpayment or underpayment to an assistance
unit and is not caused by an applicant's or participant's
failure to provide adequate, correct, or timely information
about income, property, household composition, or other
circumstances.
Subd. 4. [APPEAL.] "Appeal" means a written statement from
an applicant or participant who requests a hearing under section
256J.31.
Subd. 5. [APPLICANT.] "Applicant" means a person who has
submitted to a county agency an application and whose
application has not been acted upon, denied, or voluntarily
withdrawn.
Subd. 6. [APPLICATION.] "Application" means the submission
by or on behalf of a family to a county agency of a completed,
signed, and dated form, prescribed by the commissioner, that
indicates the desire to receive assistance.
Subd. 7. [ASSISTANCE UNIT OR MFIP-S ASSISTANCE
UNIT.] "Assistance unit" or "MFIP-S assistance unit" means a
group of mandatory or optional people receiving or applying for
MFIP-S benefits together.
Subd. 8. [AUTHORIZED REPRESENTATIVE.] "Authorized
representative" means a person who is authorized, in writing, by
an applicant or participant to act on the applicant's or
participant's behalf in matters involving the application for
assistance or participation in MFIP-S.
Subd. 9. [BASIC NEEDS.] "Basic needs" means the minimum
personal requirements of subsistence and is restricted to food,
clothing, shelter, utilities, and other items for which the
loss, or lack of basic needs, is determined by the county agency
to pose a direct, immediate threat to the physical health or
safety of the applicant or participant.
Subd. 10. [BUDGET MONTH.] "Budget month" means the
calendar month which the county agency uses to determine the
income or circumstances of an assistance unit to calculate the
amount of the assistance payment in the payment month.
Subd. 11. [CAREGIVER.] "Caregiver" means a minor child's
natural or adoptive parent or parents who live in the home with
the minor child. For purposes of determining eligibility for
this program, caregiver also means any of the following
individuals, if adults, who live with and provide care and
support to a minor child when the minor child's natural or
adoptive parent or parents do not reside in the same home:
legal custodians, grandfather, grandmother, brother, sister,
stepfather, stepmother, stepbrother, stepsister, uncle, aunt,
first cousin, nephew, niece, person of preceding generation as
denoted by prefixes of "great," "great-great," or
"great-great-great," or a spouse of any person named in the
above groups even after the marriage ends by death or divorce.
Subd. 12. [CLIENT ERROR.] "Client error" means an error
that results in an overpayment or underpayment and is due to an
applicant's or participant's failure to provide adequate,
correct, or timely information concerning income, property,
household composition, or other circumstances.
Subd. 13. [COMMISSIONER.] "Commissioner" means the
commissioner of human services or the commissioner's designated
representative.
Subd. 14. [CORRECTIVE PAYMENT.] "Corrective payment" means
an assistance payment that is made to correct an underpayment.
Subd. 15. [COUNTABLE INCOME.] "Countable income" means
earned and unearned income that is not excluded under section
256J.21, subdivision 2, or disregarded under section 256J.21,
subdivision 3.
Subd. 16. [COUNTED EARNINGS.] "Counted earnings" means the
earned income that remains after applicable disregards under
section 256J.21, subdivision 4, have been subtracted from gross
earned income.
Subd. 17. [COUNTY AGENCY.] "County agency" means the
agency designated by the county board to implement financial
assistance for current programs and for MFIP-S and the agency
responsible for enforcement of child support collection, and a
county or multicounty agency that is authorized under sections
393.01, subdivision 7, and 393.07, subdivision 2, to administer
MFIP-S.
Subd. 18. [COUNTY BOARD.] "County board" means a board of
commissioners, a local services agency as defined in chapter
393, a board established under the Joint Powers Act, section
471.59, or a human services board under chapter 402.
Subd. 19. [COUNTY OF FINANCIAL RESPONSIBILITY.] "County of
financial responsibility" means the county that has financial
responsibility for providing public assistance as specified in
chapter 256G.
Subd. 20. [COUNTY OF RESIDENCE.] "County of residence"
means the county where the caregiver has established a home.
Subd. 21. [DATE OF APPLICATION.] "Date of application"
means the date on which the county agency receives an
applicant's signed application.
Subd. 22. [DEEM.] "Deem" means to treat all or part of the
income of an individual who is not in the assistance unit, but
who is financially responsible for members of the assistance
unit, as if it were income available to the assistance unit.
Subd. 23. [DEPARTMENT.] "Department" means the Minnesota
department of human services.
Subd. 24. [DISREGARD.] "Disregard" means earned income
that is not counted when determining initial eligibility or
ongoing eligibility and calculating the amount of the assistance
payment for participants.
Subd. 25. [DOCUMENTATION.] "Documentation" means a written
statement or record that substantiates or validates an assertion
made by a person or an action taken by a person, agency, or
entity.
Subd. 26. [EARNED INCOME.] "Earned income" means cash or
in-kind income earned through the receipt of wages, salary,
commissions, profit from employment activities, net profit from
self-employment activities, payments made by an employer for
regularly accrued vacation or sick leave, and any other profit
from activity earned through effort or labor.
Subd. 27. [EARNED INCOME TAX CREDIT.] "Earned income tax
credit" means the payment which can be obtained by a qualified
person from an employer or from the Internal Revenue Service as
provided by section 290.0671 and United States Code, title 26,
subtitle A, chapter 1, subchapter A, part 4, subpart C, section
32.
Subd. 28. [EMERGENCY.] "Emergency" means a situation or a
set of circumstances that causes or threatens to cause
destitution to a minor child.
Subd. 29. [EQUITY VALUE.] "Equity value" means the amount
of equity in real or personal property owned by a person and is
determined by subtracting any outstanding encumbrances from the
fair market value.
Subd. 30. [EXCLUDED TIME.] "Excluded time" has the meaning
given in section 256G.02.
Subd. 31. [EXPEDITED ISSUANCE OF THE FOOD STAMP
PORTION.] "Expedited issuance of the food stamp portion" means
the issuance of the food stamp portion to eligible assistance
units on the day of application as provided in section 393.07,
subdivision 10a.
Subd. 32. [FAIR HEARING OR HEARING.] "Fair hearing" or
"hearing" means the evidentiary hearing conducted by the
department appeals referee to resolve disputes as specified in
section 256J.40, or if not applicable, section 256.045.
Subd. 33. [FAIR MARKET VALUE.] "Fair market value" means
the price that an item of a particular make, model, size,
material, or condition would sell for on the open market in the
particular geographic area.
Subd. 34. [FAMILY.] "Family" includes:
(1) the following individuals who live together: a minor
child or a group of minor children related to each other as
siblings, half siblings, stepsiblings, or adoptive siblings,
together with their natural, adoptive parents, stepparents, or
caregiver as defined in subdivision 11; and
(2) a pregnant woman with no other children.
Subd. 35. [FAMILY WAGE LEVEL.] "Family wage level" means
110 percent of the transitional standard.
Subd. 36. [FEDERAL INSURANCE CONTRIBUTION ACT OR
FICA.] "Federal Insurance Contribution Act" or "FICA" means the
federal law under United States Code, title 26, subtitle C,
chapter 21, subchapter A, sections 3101 to 3126, that requires
withholding or direct payment from earned income.
Subd. 37. [FINANCIAL CASE RECORD.] "Financial case record"
means an assistance unit's financial eligibility file.
Subd. 38. [FULL-TIME STUDENT.] "Full-time student" means a
person who is enrolled in a graded or ungraded primary,
intermediate, secondary, GED preparatory, trade, technical,
vocational, or post-secondary school, and who meets the school's
standard for full-time attendance.
Subd. 39. [GENERAL EDUCATIONAL DEVELOPMENT OR
GED.] "General educational development" or "GED" means the
general educational development certification issued by the
Minnesota board of education as an equivalent to a secondary
school diploma under Minnesota Rules, part 3500.3100, subpart 4.
Subd. 40. [GROSS EARNED INCOME.] "Gross earned income"
means earned income from employment before mandatory and
voluntary payroll deductions. Gross earned income includes
salaries, wages, tips, gratuities, commissions, incentive
payments from work or training programs, payments made by an
employer for regularly accrued vacation or sick leave, and
profits from other activity earned by an individual's effort or
labor. Gross earned income includes uniform and meal allowances
if federal income tax is deducted from the allowance. Gross
earned income includes flexible work benefits received from an
employer if the employee has the option of receiving the benefit
or benefits in cash.
Subd. 41. [GROSS INCOME.] "Gross income" is the sum of
gross earned income and unearned income.
Subd. 42. [GROSS RECEIPTS.] "Gross receipts" means the
money received by a business before the expenses of the business
are deducted.
Subd. 43. [HALF-TIME STUDENT.] "Half-time student" means a
person who is enrolled in a graded or ungraded primary,
intermediate, secondary, GED preparatory, trade, technical,
vocational, or post-secondary school, and who meets the school's
standard of half-time attendance.
Subd. 44. [HOME.] "Home" means the primary place of
residence used by a person as the base for day-to-day living and
does not include locations used as mail drops.
Subd. 45. [HOMESTEAD.] "Homestead" means the home that is
owned by, and is the usual residence of, the assistance unit
together with the surrounding property which is not separated
from the home by intervening property owned by others. Public
rights-of-way, such as roads which run through the surrounding
property and separate it from the home, do not affect the
exemption of the property. Homestead includes an asset that is
not real property that the assistance unit uses as a home, such
as a vehicle.
Subd. 46. [HOUSEHOLD.] "Household" means a group of
persons who live together.
Subd. 47. [INCOME.] "Income" means cash or in-kind
benefit, whether earned or unearned, received by or available to
an applicant or participant that is not an asset under section
256J.20.
Subd. 48. [INITIAL ELIGIBILITY.] "Initial eligibility"
means the determination of eligibility for an MFIP-S applicant.
Subd. 49. [IN-KIND INCOME.] "In-kind income" means income,
benefits, or payments which are provided in a form other than
money or liquid assets, including the forms of goods, produce,
services, privileges, or payments made on behalf of an applicant
or participant by a third party.
Subd. 50. [INQUIRY.] "Inquiry" means a communication to a
county agency through mail, telephone, or in person, by which a
person or authorized representative requests information about
public assistance. The county agency shall also treat as an
inquiry any communication in which a person requesting
assistance offers information about the person's family
circumstances that indicates that eligibility for public
assistance may exist.
Subd. 51. [LEGALLY AVAILABLE.] "Legally available" means a
person's right under the law to secure, possess, dispose of, or
control income or property.
Subd. 52. [LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM OR
LIHEAP.] "Low-income home energy assistance program" or "LIHEAP"
means the program authorized under United States Code, title 42,
chapter 94, subchapter II, sections 8621 to 8629, and
administered by the Minnesota department of economic security.
Subd. 53. [LUMP SUM.] "Lump sum" means nonrecurring income
that is not excluded in section 256J.21.
Subd. 54. [MEDICAL ASSISTANCE.] "Medical assistance" means
the program established under chapter 256B and Title XIX of the
Social Security Act.
Subd. 55. [MFIP-S HOUSEHOLD REPORT FORM.] "MFIP-S
household report form" means a form prescribed by the
commissioner that a participant uses to report information to a
county agency about changes in income and other circumstances.
Subd. 56. [MIGRANT WORKER.] "Migrant worker" means a
person who travels away from home on a regular basis, usually
with a group of other laborers, to seek employment in an
agriculturally related activity.
Subd. 57. [MINNESOTA FAMILY INVESTMENT PROGRAM-STATEWIDE
OR MFIP-S.] "Minnesota family investment program-statewide" or
"MFIP-S" means the assistance program authorized in this chapter
and chapter 256K.
Subd. 58. [MINNESOTA SUPPLEMENTAL AID OR MSA.] "Minnesota
supplemental aid" or "MSA" means the program established under
sections 256D.33 to 256D.54.
Subd. 59. [MINOR CAREGIVER.] "Minor caregiver" means a
person who:
(1) is under the age of 18;
(2) has never been married or otherwise legally
emancipated; and
(3) is either the natural parent of a minor child living in
the same household or is eligible for assistance paid to a
pregnant woman.
Subd. 60. [MINOR CHILD.] "Minor child" means a child who
is living in the same home of a parent or other caregiver, is
either less than 18 years of age or is under the age of 19 years
and is regularly attending as a full-time student and is
expected to complete a high school or a secondary level course
of vocational or technical training designed to fit students for
gainful employment before reaching age 19.
Subd. 61. [MONTHLY INCOME TEST.] "Monthly income test"
means the test used to determine ongoing eligibility and the
assistance payment amount according to section 256J.21.
Subd. 62. [NONRECURRING INCOME.] "Nonrecurring income"
means a form of income which is received:
(1) only one time or is not of a continuous nature; or
(2) in a prospective payment month but is no longer
received in the corresponding retrospective payment month.
Subd. 63. [OVERPAYMENT.] "Overpayment" means the portion
of an assistance payment issued by the county agency that is
greater than the amount for which the assistance unit is
eligible.
Subd. 64. [PARENT.] "Parent" means a child's biological or
adoptive parent who is legally obligated to support that child.
Subd. 65. [PARTICIPANT.] "Participant" means a person who
is currently receiving cash assistance and the food portion
available through MFIP-S as funded by TANF and the food stamp
program. A person who fails to withdraw or access
electronically any portion of his or her cash assistance payment
by the end of the payment month or who returns any uncashed
assistance check and withdraws from the program is not a
participant. A person who withdraws a cash assistance payment
by electronic transfer or receives and cashes a cash assistance
check and is subsequently determined to be ineligible for
assistance for that period of time is a participant, regardless
whether that assistance is repaid. The term "participant"
includes the caregiver relative and the minor child whose needs
are included in the assistance payment. A person in an
assistance unit who does not receive a cash assistance payment
because he or she has been suspended from MFIP-S or because his
or her need falls below the $10 minimum payment level is a
participant.
Subd. 66. [PAYEE.] "Payee" means a person to whom an
assistance payment is made payable.
Subd. 67. [PAYMENT MONTH.] "Payment month" means the
calendar month for which the assistance payment is paid.
Subd. 68. [PERSONAL PROPERTY.] "Personal property" means
an item of value that is not real property, including the value
of a contract for deed held by a seller, assets held in trust on
behalf of members of an assistance unit, cash surrender value of
life insurance, value of a prepaid burial, savings account,
value of stocks and bonds, and value of retirement accounts.
Subd. 69. [PROBABLE FRAUD.] "Probable fraud" means the
level of evidence that, if proven as fact, would establish that
assistance has been wrongfully obtained.
Subd. 70. [PROFESSIONAL CERTIFICATION.] "Professional
certification" means:
(1) a statement about a person's illness, injury, or
incapacity that is signed by a licensed physician, psychological
practitioner, or licensed psychologist, qualified by
professional training and experience to diagnose and certify the
person's condition; or
(2) a statement about an incapacity involving a spinal
subluxation condition that is signed by a licensed chiropractor
qualified by professional training and experience to diagnose
and certify the condition.
Subd. 71. [PROSPECTIVE BUDGETING.] "Prospective budgeting"
means a method of determining the amount of the assistance
payment in which the budget month and payment month are the same.
Subd. 72. [PROTECTIVE PAYEE.] "Protective payee" means a
person other than the caregiver of an assistance unit who
receives the monthly assistance payment on behalf of an
assistance unit and is responsible to provide for the basic
needs of the assistance unit to the extent of that payment.
Subd. 73. [QUALIFIED NONCITIZEN.] "Qualified noncitizen"
means a person:
(1) who was lawfully admitted for permanent residence
pursuant to United States Code, title 8;
(2) who was admitted to the United States as a refugee
pursuant to United States Code, title 8; section 1157;
(3) whose deportation is being withheld pursuant to United
States Code, title 8, section 1253(h);
(4) who was paroled for a period of at least one year
pursuant to United States Code, title 8, section 1182(d)(5);
(5) who was granted conditional entry pursuant to United
State Code, title 8, section 1153(a)(7);
(6) who was granted asylum pursuant to United States Code,
title 8, section 1158; or
(7) determined to be a battered noncitizen by the United
States Attorney General according to the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, Title V of the
Omnibus Consolidated Appropriations Bill, Public Law Number
104-208.
Subd. 74. [REAL PROPERTY.] "Real property" means land and
all buildings, structures, and improvements, or other fixtures
on the land, belonging or appertaining to the land, and all
mines, minerals, fossils, and trees on or under the land.
Subd. 75. [REASONABLE COMPENSATION.] "Reasonable
compensation" means the value received in exchange for property
transferred to another owner that is consistent with fair market
value and equals or exceeds the seller's equity in the property,
reduced by costs incurred in the sale.
Subd. 76. [RECERTIFICATION.] "Recertification" means the
periodic review of eligibility factors to determine an
assistance unit's continued eligibility.
Subd. 77. [RECOUPMENT.] "Recoupment" means the action of
the county agency to reduce a family's monthly assistance
payment to recover overpayments caused by client or agency error
and overpayments received while an appeal is pending.
Subd. 78. [RECOVERY.] "Recovery" means actions taken by a
county agency to reclaim the value of overpayments through
voluntary repayment, recoupment from the assistance payment,
court action, revenue recapture, or federal tax refund offset
program (FTROP).
Subd. 79. [RECURRING INCOME.] "Recurring income" means a
form of income which is:
(1) received periodically, and may be received irregularly
when receipt can be anticipated even though the date of receipt
cannot be predicted; and
(2) from the same source or of the same type that is
received and budgeted in a prospective month and is received in
one or both of the first two retrospective months.
Subd. 80. [REEMPLOYMENT INSURANCE.] "Reemployment
insurance" means the insurance benefit paid to an unemployed
worker under sections 268.03 to 268.23.
Subd. 81. [RETROSPECTIVE BUDGETING.] "Retrospective
budgeting" means a method of determining the amount of the
assistance payment in which the payment month is the second
month after the budget month.
Subd. 82. [SANCTION.] "Sanction" means the reduction of a
family's assistance payment by a specified percentage of the
applicable transitional standard because: a nonexempt
participant fails to comply with the requirements of sections
256J.52 to 256J.55; a parental caregiver fails without good
cause to cooperate with the child support enforcement
requirements; or a participant fails to comply with the
insurance, tort liability, or other requirements of this chapter.
Subd. 83. [SIGNIFICANT CHANGE.] "Significant change" means
a decline in gross income of 35 percent or more from the income
used to determine the grant for the current month.
Subd. 84. [SUPPLEMENTAL SECURITY INCOME OR
SSI.] "Supplemental Security Income" or "SSI" means the program
authorized under title XVI of the Social Security Act.
Subd. 85. [TRANSITIONAL STANDARD.] "Transitional standard"
means the basic standard for a family with no other income or a
nonworking family and is a combination of the cash assistance
needs and food assistance needs for a family of that size.
Subd. 86. [UNEARNED INCOME.] "Unearned income" means
income received by a person that does not meet the definition of
earned income. Unearned income includes income from a contract
for deed, interest, dividends, reemployment insurance,
disability insurance payments, veterans benefits, pension
payments, return on capital investment, insurance payments or
settlements, severance payments, and payments for illness or
disability whether the premium payments are made in whole or in
part by an employer or participant.
Subd. 87. [VENDOR.] "Vendor" means a provider of goods or
services.
Subd. 88. [VENDOR PAYMENT.] "Vendor payment" means a
payment authorized by a county agency to a vendor.
Subd. 89. [VERIFICATION.] "Verification" means the process
a county agency uses to establish the accuracy or completeness
of information from an applicant, participant, third party, or
other source as that information relates to program eligibility
or an assistance payment.
Sec. 5. [256J.09] [APPLYING FOR ASSISTANCE.]
Subdivision 1. [WHERE TO APPLY.] A person must apply for
assistance at the county agency in the county where that person
lives.
Subd. 2. [COUNTY AGENCY RESPONSIBILITY TO PROVIDE
INFORMATION.] A county agency must inform a person who inquires
about assistance about eligibility requirements for assistance
and how to apply for assistance, including diversionary
assistance and emergency assistance. A county agency must offer
the person brochures developed or approved by the commissioner
that describe how to apply for assistance.
Subd. 3. [SUBMITTING THE APPLICATION FORM.] A county
agency must offer, in person or by mail, the application forms
prescribed by the commissioner as soon as a person makes a
written or oral inquiry. At that time, the county agency must
inform the person that assistance begins with the date the
signed application is received by the county agency or the date
all eligibility criteria are met, whichever is later. The
county agency must inform the applicant that any delay in
submitting the application will reduce the amount of assistance
paid for the month of application. A county agency must inform
a person that the person may submit the application before an
interview appointment. To apply for assistance, a person must
submit a signed application to the county agency. Upon receipt
of a signed application, the county agency must stamp the date
of receipt on the face of the application. The county agency
must process the application within the time period required
under subdivision 5. An applicant may withdraw the application
at any time by giving written or oral notice to the county
agency. The county agency must issue a written notice
confirming the withdrawal. The notice must inform the applicant
of the county agency's understanding that the applicant has
withdrawn the application and no longer wants to pursue it.
When, within ten days of the date of the agency's notice, an
applicant informs a county agency, in writing, that the
applicant does not wish to withdraw the application, the county
agency must reinstate the application and finish processing the
application.
Subd. 4. [VERIFICATION OF INFORMATION ON APPLICATION.] A
county agency must verify information provided by an applicant
as required in section 256J.32.
Subd. 5. [PROCESSING APPLICATIONS.] Upon receiving an
application, a county agency must determine the applicant's
eligibility, approve or deny the application, inform the
applicant of its decision according to the notice provisions in
section 256J.31, and, if eligible, issue the assistance payment
to the applicant. When a county agency is unable to process an
application within 30 days, the county agency must inform the
applicant of the reason for the delay in writing. When an
applicant establishes the inability to provide required
verification within the 30-day processing period, the county
agency may not use the expiration of that period as the basis
for denial.
Subd. 6. [INVALID REASON FOR DELAY.] A county agency must
not delay a decision on eligibility or delay issuing the
assistance payment except to establish state residence by:
(1) treating the 30-day processing period as a waiting
period;
(2) delaying approval or issuance of the assistance payment
pending the decision of the county board; or
(3) awaiting the result of a referral to a county agency in
another county when the county receiving the application does
not believe it is the county of financial responsibility.
Subd. 7. [CHANGES IN RESIDENCE DURING APPLICATION.] The
requirements in subdivisions 5 and 6 apply without regard to the
length of time that an applicant remains, or intends to remain,
a resident of the county in which the application is made. When
an applicant leaves the county where application was made but
remains in the state, section 256J.75 applies and the county
agency may request additional information from the applicant
about changes in circumstances related to the move.
Subd. 8. [ADDITIONAL APPLICATIONS.] Until a county agency
issues notice of approval or denial, additional applications
submitted by an applicant are void. However, an application for
monthly assistance and an application for emergency assistance
or emergency general assistance may exist concurrently. More
than one application for monthly assistance, emergency
assistance, or emergency general assistance may exist
concurrently when the county agency decisions on one or more
earlier applications have been appealed to the commissioner, and
the applicant asserts that a change in circumstances has
occurred that would allow eligibility. A county agency must
require additional application forms or supplemental forms as
prescribed by the commissioner when a payee's name changes, or
when a caregiver requests the addition of another person to the
assistance unit.
Subd. 9. [ADDENDUM TO AN EXISTING APPLICATION.] An
addendum to an existing application must be used to add persons
to an assistance unit regardless of whether the persons being
added are required to be in the assistance unit. When a person
is added by addendum to an assistance unit, eligibility for that
person begins on the first of the month the addendum was filed
except as provided in section 256J.74, subdivision 2, clause (1).
Subd. 10. [APPLICANTS WHO DO NOT MEET ELIGIBILITY
REQUIREMENTS FOR MFIP-S.] When an applicant is not eligible for
MFIP-S because the applicant does not meet eligibility
requirements, the county agency must determine whether the
applicant is eligible for food stamps, medical assistance,
diversionary assistance, or has a need for emergency assistance
when the applicant meets the eligibility requirements for those
programs.
Sec. 6. [256J.10] [MFIP-S ELIGIBILITY REQUIREMENTS.]
To be eligible for MFIP-S, applicants must meet the general
eligibility requirements in sections 256J.11 to 256J.15, the
property limitations in section 256J.20, and the income
limitations in section 256J.21.
Sec. 7. [256J.11] [CITIZENSHIP.]
Subdivision 1. [GENERAL CITIZENSHIP REQUIREMENTS.] (a) To
be eligible for AFDC or MFIP-S, whichever is in effect, a member
of the assistance unit must be a citizen of the United States, a
qualified noncitizen as defined in section 256J.08, or a
noncitizen who is otherwise residing lawfully in the United
States.
(b) A qualified noncitizen who entered the United States on
or after August 22, 1996, is eligible for MFIP-S. However, TANF
dollars cannot be used to fund the MFIP-S benefits for an
individual under this paragraph for a period of five years after
the date of entry unless the qualified noncitizen meets one of
the following criteria:
(1) was admitted to the United States as a refugee under
United States Code, title 8, section 1157;
(2) was granted asylum under United States Code, title 8,
section 1158;
(3) was granted withholding of deportation under the United
States Code, title 8, section 1253(h);
(4) is a veteran of the United States Armed Forces with an
honorable discharge for a reason other than noncitizen status,
or is a spouse or unmarried minor dependent child of the same;
or
(5) is an individual on active duty in the United States
Armed Forces, other than for training, or is a spouse or
unmarried minor dependent child of the same.
(c) A person who is not a qualified noncitizen but who is
otherwise residing lawfully in the United States is eligible for
MFIP-S. However, TANF dollars cannot be used to fund the MFIP-S
benefits for an individual under this paragraph.
(d) For purposes of this subdivision, a nonimmigrant in one
or more of the classes listed in United States Code, title 8,
section 1101(a)(15), or an undocumented immigrant who resides in
the United States without the approval or acquiescence of the
Immigration and Naturalization Service, is not eligible for
MFIP-S.
Subd. 2. [NONCITIZENS; MFIP-S FOOD PORTION.] For the
period January 1, 1998, to June 30, 1998, noncitizens who do not
meet one of the exemptions in section 412 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
but were residing in this state as of July 1, 1997, are eligible
for the food portion of MFIP-S. However, federal food stamp
dollars cannot be used to fund the food portion of MFIP-S
benefits for an individual under this subdivision.
Subd. 3. [BENEFITS FUNDED WITH STATE MONEY.] Legal adult
noncitizens who have resided in the country for four years or
more, whose benefits are funded entirely with state money, and
who are under 70 years of age, must, as a condition of
eligibility:
(1) be enrolled in a literacy class, English as a second
language class, or a citizen class;
(2) be applying for admission to a literacy class, English
as a second language class, and is on a waiting list;
(3) be in the process of applying for a waiver from the
Immigration and Naturalization Service of the English language
or civics requirements of the citizenship test;
(4) have submitted an application for citizenship to the
Immigration and Naturalization Service and is waiting for a
testing date or a subsequent swearing in ceremony; or
(5) have been denied citizenship due to a failure to pass
the test after two attempts or because of an inability to
understand the rights and responsibilities of becoming a United
States citizen, as documented by the Immigration and
Naturalization Service or the county.
If the county social service agency determines that a legal
noncitizen subject to the requirements of this subdivision will
require more than one year of English language training, then
the requirements of clause (1) or (2) shall be imposed after the
legal noncitizen has resided in the country for three years.
Individuals who reside in a facility licensed under chapter
144A, 144D, 245A, or 256I are exempt from the requirements of
this subdivision.
Sec. 8. [256J.12] [MINNESOTA RESIDENCE.]
Subdivision 1. [SIMPLE RESIDENCY.] To be eligible for AFDC
or MFIP-S, whichever is in effect, a family must have
established residency in this state which means the family is
present in the state and intends to remain here.
Subd. 1a. [30-DAY RESIDENCY REQUIREMENT.] A family is
considered to have established residency in this state only when
a child or caregiver has resided in this state for at least 30
days with the intention of making the person's home here and not
for any temporary purpose. Time spent in a shelter for battered
women shall count toward satisfying the 30 day residency
requirement.
Subd. 2. [EXCEPTIONS.] (a) A county shall waive the 30-day
residency requirement where unusual hardship would result from
denial of assistance.
(b) For purposes of this section, unusual hardship means a
family:
(1) is without alternative shelter; or
(2) is without available resources for food.
(c) For purposes of this subdivision, the following
definitions apply (1) "metropolitan statistical area" is as
defined by the U.S. Census Bureau; (2) "alternative shelter"
includes any shelter that is located within the metropolitan
statistical area containing the county and for which the family
is eligible, provided the family does not have to travel more
than 20 miles to reach the shelter and has access to
transportation to the shelter. Clause (2) does not apply to
counties in the Minneapolis-St. Paul metropolitan statistical
area.
(d) Migrant workers, as defined in section 256J.08, and
their immediate families are exempt from the 30-day residency
requirement, provided the migrant worker provides verification
that the migrant family worked in this state within the last 12
months and earned at least $1,000 in gross wages during the time
the migrant worker worked in this state.
Subd. 3. [PAYMENT PLAN FOR NEW RESIDENTS.] Assistance paid
to an eligible family in which all members have resided in this
state for fewer than 12 consecutive calendar months immediately
preceding the date of application shall be at the standard and
in the form specified in section 256J.43.
Subd. 4. [SEVERABILITY CLAUSE.] If any subdivision in this
section is enjoined from implementation or found
unconstitutional by any court of competent jurisdiction, the
remaining subdivisions shall remain valid and shall be given
full effect.
Sec. 9. [256J.13] [MINOR CHILD IN ASSISTANCE UNIT;
PHYSICAL PRESENCE.]
Subdivision 1. [MINOR CHILD OR PREGNANT WOMAN.] The
assistance unit must include at least one minor child or a
pregnant woman. If a minor child is a recipient of Supplemental
Security Income or Minnesota supplemental aid, the assistance
unit is eligible for MFIP-S, but the needs of the minor child
receiving Supplemental Security Income or Minnesota supplemental
aid must not be taken into account when the county agency
determines the amount of the assistance payment to be paid to
the assistance unit.
Subd. 2. [PHYSICAL PRESENCE.] A minor child and a
caregiver must live together except as provided in the following
paragraphs.
(a) The physical presence requirement is met when a minor
child is required to live away from the caregiver's home to meet
the need for educational curricula that cannot be met by, but is
approved by, the local public school district, the home is
maintained for the minor child's return during periodic school
vacations, and the caregiver continues to maintain
responsibility for the support and care of the minor child.
(b) The physical presence requirement is met when an
applicant caregiver or applicant minor child is away from the
home due to illness or hospitalization, when the home is
maintained for the return of the absent family member, the
absence is not expected to last more than six months beyond the
month of departure, and the conditions of clause (1), (2), or
(3) apply:
(1) when the minor child and caregiver lived together
immediately prior to the absence, the caregiver continues to
maintain responsibility for the support and care of the minor
child, and the absence is reported at the time of application;
(2) when the pregnant mother is hospitalized or out of the
home due to the pregnancy; or
(3) when the newborn child and mother are hospitalized at
the time of birth.
(c) The absence of a caregiver or minor child does not
affect eligibility for the month of departure when the caregiver
or minor child received assistance for that month and lived
together immediately prior to the absence. Eligibility also
exists in the following month when the absence ends on or before
the tenth day of that month. A temporary absence of a caregiver
or a minor child which continues beyond the month of departure
must not affect eligibility when the home is maintained for the
return of the absent family member, the caregiver continues to
maintain responsibility for the support and care of the minor
child, and one of clauses (1) to (7) applies:
(1) a participant caregiver or participant child is absent
due to illness or hospitalization, and the absence is expected
to last no more than six months beyond the month of departure;
(2) a participant child is out of the home due to placement
in foster care as defined in section 260.015, subdivision 7,
when the placement will not be paid under title IV-E of the
Social Security Act, and when the absence is expected to last no
more than six months beyond the month of departure;
(3) a participant minor child is out of the home for a
vacation, the vacation is not with an absent parent, and the
absence is expected to last no more than two months beyond the
month of departure;
(4) a participant minor child is out of the home due to a
visit or vacation with an absent parent, the home of the minor
child remains with the caregiver, the absence meets the
conditions of this paragraph and the absence is expected to last
no more than two months beyond the month of departure;
(5) a participant caregiver is out of the home due to a
death or illness of a relative, incarceration, training, or
employment search and suitable arrangements have been made for
the care of the minor child, or a participant minor child is out
of the home due to incarceration, and the absence is expected to
last no more than two months beyond the month of departure;
(6) a participant caregiver and a participant minor child
are both absent from Minnesota due to a situation described in
clause (5), except for incarceration, and the absence is
expected to last no more than one month beyond the month of the
departure; or
(7) a participant minor child has run away from home, and
another person has not made application for that minor child,
assistance must continue for no more than two months following
the month of departure.
Sec. 10. [256J.14] [ELIGIBILITY FOR PARENTING OR PREGNANT
MINORS.]
(a) The definitions in this paragraph only apply to this
subdivision.
(1) "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 according to appointment or
acceptance under section 260.242, 525.615, or 525.6165, and
related laws; or
(iii) a caregiver.
(2) "Adult-supervised supportive living arrangement" means
a private family setting which assumes responsibility for the
care and control of the minor parent and minor 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 minor child who is in the care
of the minor parent must reside in the household of a parent,
legal guardian, other appropriate adult relative, or other
caregiver, or in an adult-supervised supportive living
arrangement in order to receive MFIP-S unless:
(1) the minor parent has no living parent, other
appropriate adult relative, or legal guardian whose whereabouts
is known;
(2) no living parent, other appropriate adult relative, or
legal guardian of the minor parent allows the minor parent to
live in the parent's, appropriate adult relative'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 minor child or the minor parent's
application for MFIP-S;
(4) the physical or emotional health or safety of the minor
parent or minor child would be jeopardized if the minor parent
and the minor child resided in the same residence with the minor
parent's parent, other appropriate adult relative, or legal
guardian; or
(5) 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 MFIP-S 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
minor 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 (2).
(f) When a minor parent and minor child live with another
adult relative, or in an adult-supervised supportive living
arrangement, MFIP-S must be paid, when possible, in the form of
a protective payment on behalf of the minor parent and minor
child in accordance with section 256J.39, subdivisions 2 to 4.
Sec. 11. [256J.15] [OTHER ELIGIBILITY CONDITIONS.]
Subdivision 1. [ELIGIBILITY WHEN THERE IS SHARED, COURT
ORDERED, AND OTHER CUSTODY ARRANGEMENTS.] The language of a
court order that specifies joint legal or physical custody does
not preclude a determination that a parent is absent. Absence
must be determined based on the actual facts of the absence
according to paragraphs (a) to (c).
(a) When a minor child spends time in each of the parents'
homes within a payment month, the minor child's home shall be
considered the home in which the majority of the minor child's
time is spent. When this time is exactly equal within a payment
month, or when the parents alternately live in the minor child's
home within a payment month, the minor child's home shall be
with that parent who is applying for MFIP-S, unless the minor
child's needs for the full payment month have already been met
through the provision of assistance to the other parent for that
month.
(b) When the physical custody of a minor child alternates
between parents for periods of at least one payment month, each
parent shall be eligible for assistance for any full payment
months the minor child's home is with that parent, except under
the conditions in paragraph (c).
(c) When a minor child's home is with one parent for the
majority of time in each month for at least nine consecutive
calendar months, and that minor child visits or vacations with
the other parent under section 256J.13, the minor child's home
remains with the first parent even when the stay with the second
parent is for all or the majority of the months in the period of
the temporary absence.
Subd. 2. [ELIGIBILITY DURING LABOR DISPUTES.] To receive
assistance under MFIP-S, a member of an assistance unit who is
on strike must have been an MFIP-S participant on the day before
the strike, or have been eligible for MFIP-S on the day before
the strike.
The county agency must count the striker's prestrike
earnings as current earnings. When a member of an assistance
unit who is not in the bargaining unit that voted for the strike
does not cross the picket line for fear of personal injury, the
assistance unit member is not a striker. Except for a member of
an assistance unit who is not in the bargaining unit that voted
for the strike and who does not cross the picket line for fear
of personal injury, a significant change cannot be invoked as a
result of a labor dispute.
Sec. 12. [256J.20] [PROPERTY LIMITATIONS.]
Subdivision 1. [PROPERTY OWNERSHIP PROVISIONS.] The county
agency must apply paragraphs (a) to (d) to real and personal
property. The county agency must use the equity value of
legally available real and personal property, except property
excluded in subdivisions 2 and 3, to determine whether an
applicant or participant is eligible for assistance.
(a) When real or personal property is jointly owned by two
or more persons, the county agency shall assume that each person
owns an equal share, except that either person owns the entire
sum of a joint personal checking or savings account. When an
applicant or participant documents greater or lesser ownership,
the county agency must use that greater or lesser share to
determine the equity value held by the applicant or
participant. Other types of ownership must be evaluated
according to law.
(b) Real or personal property owned by the applicant or
participant must be presumed legally available to the applicant
or participant unless the applicant or participant documents
that the property is not legally available to the applicant or
participant. When real or personal property is not legally
available, its equity value must not be applied against the
limits of subdivisions 2 and 3.
(c) An applicant must disclose whether the applicant has
transferred real or personal property valued in excess of the
property limits in subdivisions 2 and 3 for which reasonable
compensation was not received within one year prior to
application. A participant must disclose all transfers of
property valued in excess of these limits, according to the
reporting requirements in section 256J.30, subdivision 9. When
a transfer of real or personal property without reasonable
compensation has occurred:
(1) the person who transferred the property must provide
the property's description, information needed to determine the
property's equity value, the names of the persons who received
the property, and the circumstances of and reasons for the
transfer; and
(2) when the transferred property can be reasonably
reacquired, or when reasonable compensation can be secured, the
property is presumed legally available to the applicant or
participant.
(d) A participant may build the equity value of real and
personal property to the limits in subdivisions 2 and 3.
Subd. 2. [REAL PROPERTY LIMITATIONS.] Ownership of real
property by an applicant or participant is subject to the
limitations in paragraphs (a) and (b).
(a) A county agency shall exclude the homestead of an
applicant or participant according to clauses (1) to (4):
(1) an applicant or participant who is purchasing real
property through a contract for deed and using that property as
a home is considered the owner of real property;
(2) the total amount of land that can be excluded under
this subdivision is limited to surrounding property which is not
separated from the home by intervening property owned by
others. Additional property must be assessed as to its legal
and actual availability according to subdivision 1;
(3) when real property that has been used as a home by a
participant is sold, the county agency must treat the cash
proceeds from the sale as excluded property for six months when
the participant intends to reinvest the proceeds in another home
and maintains those proceeds, unused for other purposes, in a
separate account; and
(4) when the homestead is jointly owned, but the client
does not reside in it because of legal separation, pending
divorce, or battering or abuse by the spouse or partner, the
homestead is excluded.
(b) The equity value of real property that is not excluded
under paragraph (a) and which is legally available must be
applied against the limits in subdivision 3. When the equity
value of the real property exceeds the limits under subdivision
3, the applicant or participant may qualify to receive
assistance when the applicant or participant continues to make a
good faith effort to sell the property and signs a legally
binding agreement to repay the amount of assistance, less child
support collected by the agency. Repayment must be made within
five working days after the property is sold. Repayment to the
county agency must be in the amount of assistance received or
the proceeds of the sale, whichever is less.
Subd. 3. [OTHER PROPERTY LIMITATIONS.] To be eligible for
MFIP-S, the equity value of all nonexcluded real and personal
property of the assistance unit must not exceed $2,000 for
applicants and $5,000 for ongoing recipients. The value of
clauses (1) to (18) must be excluded when determining the equity
value of real and personal property:
(1) licensed vehicles up to a total market value of less
than or equal to $7,500. The county agency shall apply any
excess market value to the asset limit described in this
section. If the assistance unit owns more than one licensed
vehicle, the county agency shall determine the vehicle with the
highest market value and count only the market value over
$7,500. The county agency shall count the market value of all
other vehicles and apply this amount to the asset limit
described in this section. The value of special equipment for a
handicapped member of the assistance unit is excluded. To
establish the market value of vehicles, a county agency must use
the N.A.D.A. Official Used Car Guide, Midwest Edition, for newer
model cars. The N.A.D.A. Official Used Car Guide, Midwest
Edition, is incorporated by reference. When a vehicle is not
listed in the guidebook, or when the applicant or participant
disputes the value listed in the guidebook as unreasonable given
the condition of the particular vehicle, the county agency may
require the applicant or participant to document the value by
securing a written statement from a motor vehicle dealer
licensed under section 168.27, stating the amount that the
dealer would pay to purchase the vehicle. The county agency
shall reimburse the applicant or participant for the cost of a
written statement that documents a lower value;
(2) the value of life insurance policies for members of the
assistance unit;
(3) one burial plot per member of an assistance unit;
(4) the value of personal property needed to produce earned
income, including tools, implements, farm animals, inventory,
business loans, business checking and savings accounts used
exclusively for the operation of a self-employment business, and
any motor vehicles if the vehicles are essential for the
self-employment business;
(5) the value of personal property not otherwise specified
which is commonly used by household members in day-to-day living
such as clothing, necessary household furniture, equipment, and
other basic maintenance items essential for daily living;
(6) the value of real and personal property owned by a
recipient of Social Security Income or Minnesota supplemental
aid;
(7) the value of corrective payments, but only for the
month in which the payment is received and for the following
month;
(8) a mobile home used by an applicant or participant as
the applicant's or participant's home;
(9) money in a separate escrow account that is needed to
pay real estate taxes or insurance and that is used for this
purpose;
(10) money held in escrow to cover employee FICA, employee
tax withholding, sales tax withholding, employee worker
compensation, business insurance, property rental, property
taxes, and other costs that are paid at least annually, but less
often than monthly;
(11) monthly assistance and emergency assistance payments
for the current month's needs;
(12) the value of school loans, grants, or scholarships for
the period they are intended to cover;
(13) payments listed in section 256J.21, subdivision 2,
clause (9), which are held in escrow for a period not to exceed
three months to replace or repair personal or real property;
(14) income received in a budget month through the end of
the budget month;
(15) savings of a minor child or a minor parent that are
set aside in a separate account designated specifically for
future education or employment costs;
(16) the earned income tax credit and Minnesota working
family credit in the month received and the following month;
(17) payments excluded under federal law as long as those
payments are held in a separate account from any nonexcluded
funds; and
(18) money received by a participant of the corps to career
program under section 84.0887, subdivision 2, paragraph (b), as
a postservice benefit under the federal Americorps Act.
Sec. 13. [256J.21] [INCOME LIMITATIONS.]
Subdivision 1. [INCOME INCLUSIONS.] To determine MFIP-S
eligibility, the county agency must evaluate income received by
members of an assistance unit, or by other persons whose income
is considered available to the assistance unit. All payments,
unless specifically excluded in subdivision 2, must be counted
as income.
Subd. 2. [INCOME EXCLUSIONS.] (a) The following must be
excluded in determining a family's available income:
(1) payments for basic care, difficulty of care, and
clothing allowances received for providing family foster care to
children or adults under Minnesota Rules, parts 9545.0010 to
9545.0260 and 9555.5050 to 9555.6265, and payments received and
used for care and maintenance of a third-party beneficiary who
is not a household member;
(2) reimbursements for employment training received through
the Job Training Partnership Act, United States Code, title 29,
chapter 19, sections 1501 to 1792b;
(3) reimbursement for out-of-pocket expenses incurred while
performing volunteer services, jury duty, or employment;
(4) all educational assistance, except the county agency
must count graduate student teaching assistantships,
fellowships, and other similar paid work as earned income and,
after allowing deductions for any unmet and necessary
educational expenses, shall count scholarships or grants awarded
to graduate students that do not require teaching or research as
unearned income;
(5) loans, regardless of purpose, from public or private
lending institutions, governmental lending institutions, or
governmental agencies;
(6) loans from private individuals, regardless of purpose,
provided an applicant or participant documents that the lender
expects repayment;
(7) state and federal income tax refunds;
(8) state and federal earned income credits;
(9) funds received for reimbursement, replacement, or
rebate of personal or real property when these payments are made
by public agencies, awarded by a court, solicited through public
appeal, or made as a grant by a federal agency, state or local
government, or disaster assistance organizations, subsequent to
a presidential declaration of disaster;
(10) the portion of an insurance settlement that is used to
pay medical, funeral, and burial expenses, or to repair or
replace insured property;
(11) reimbursements for medical expenses that cannot be
paid by medical assistance;
(12) payments by a vocational rehabilitation program
administered by the state under chapter 268A, except those
payments that are for current living expenses;
(13) in-kind income, including any payments directly made
by a third party to a provider of goods and services;
(14) assistance payments to correct underpayments, but only
for the month in which the payment is received;
(15) emergency assistance payments;
(16) funeral and cemetery payments as provided by section
256.935;
(17) nonrecurring cash gifts of $30 or less, not exceeding
$30 per participant in a calendar month;
(18) any form of energy assistance payment made through
Public Law Number 97-35, Low-Income Home Energy Assistance Act
of 1981, payments made directly to energy providers by other
public and private agencies, and any form of credit or rebate
payment issued by energy providers;
(19) Supplemental Security Income, including retroactive
payments;
(20) Minnesota supplemental aid, including retroactive
payments;
(21) proceeds from the sale of real or personal property;
(22) adoption assistance payments under section 259.67;
(23) state-funded family subsidy program payments made
under section 252.32 to help families care for children with
mental retardation or related conditions;
(24) interest payments and dividends from property that is
not excluded from and that does not exceed the asset limit;
(25) rent rebates;
(26) income earned by a minor caregiver or minor child who
is at least a half-time student;
(27) income earned by a caregiver under age 20 who is at
least a half-time student in an approved secondary education
program;
(28) MFIP-S child care payments under section 119B.05;
(29) all other payments made through MFIP-S to support a
caregiver's pursuit of greater self-support;
(30) income a participant receives related to shared living
expenses;
(31) reverse mortgages;
(32) benefits provided by the Child Nutrition Act of 1966,
United States Code, title 42, chapter 13A, sections 1771 to
1790;
(33) benefits provided by the women, infants, and children
(WIC) nutrition program, United States Code, title 42, chapter
13A, section 1786;
(34) benefits from the National School Lunch Act, United
States Code, title 42, chapter 13, sections 1751 to 1769e;
(35) relocation assistance for displaced persons under the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, United States Code, title 42, chapter 61,
subchapter II, section 4636, or the National Housing Act, United
States Code, title 12, chapter 13, sections 1701 to 1750jj;
(36) benefits from the Trade Act of 1974, United States
Code, title 19, chapter 12, part 2, sections 2271 to 2322;
(37) war reparations payments to Japanese Americans and
Aleuts under United States Code, title 50, sections 1989 to
1989d;
(38) payments to veterans or their dependents as a result
of legal settlements regarding Agent Orange or other chemical
exposure under Public Law Number 101-239, section 10405,
paragraph (a)(2)(E);
(39) income that is otherwise specifically excluded from
the MFIP-S program consideration in federal law, state law, or
federal regulation;
(40) security and utility deposit refunds;
(41) American Indian tribal land settlements excluded under
Public Law Numbers 98-123, 98-124, and 99-377 to the Mississippi
Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs
reservations and payments to members of the White Earth Band,
under United States Code, title 25, chapter 9, section 331, and
chapter 16, section 1407;
(42) all income of the minor parent's parent when
determining the grant for the minor parent in households that
include a minor parent living with a parent on MFIP-S with other
dependent children; and
(43) income of the minor parent's parent equal to 200
percent of the federal poverty guideline for a family size not
including the minor parent and the minor parent's child in
households that include a minor parent living with a parent not
on MFIP-S when determining the grant for the minor parent. The
remainder of income is deemed as specified in section 256J.37,
subdivision 1.
Subd. 3. [INITIAL INCOME TEST.] The county agency shall
determine initial eligibility by considering all earned and
unearned income that is not excluded under subdivision 2. To be
eligible for MFIP-S, the assistance unit's countable income
minus the disregards in paragraphs (a) and (b) must be below the
transitional standard of assistance according to section 256J.24
for that size assistance unit.
(a) The initial eligibility determination must disregard
the following items:
(1) the employment disregard is 18 percent of the gross
earned income whether or not the member is working full time or
part time;
(2) dependent care costs must be deducted from gross earned
income for the actual amount paid for dependent care up to the
maximum disregard allowed under this chapter and chapter 119B;
and
(3) all payments made according to a court order for the
support of children not living in the assistance unit's
household shall be disregarded from the income of the person
with the legal obligation to pay support, provided that, if
there has been a change in the financial circumstances of the
person with the legal obligation to pay support since the
support order was entered, the person with the legal obligation
to pay support has petitioned for a modification of the support
order.
(b) Notwithstanding paragraph (a), when determining initial
eligibility for applicants who have received AFDC, family
general assistance, MFIP, MFIP-R, work first, or MFIP-S in this
state within four months of the most recent application for
MFIP-S, the employment disregard is 36 percent of the gross
earned income.
After initial eligibility is established, the assistance
payment calculation is based on the monthly income test.
Subd. 4. [MONTHLY INCOME TEST AND DETERMINATION OF
ASSISTANCE PAYMENT.] The county agency shall determine ongoing
eligibility and the assistance payment amount according to the
monthly income test. To be eligible for MFIP-S, the result of
the computations in paragraphs (a) to (e) must be at least $1.
(a) Apply a 36 percent income disregard to gross earnings
and subtract this amount from the family wage level. If the
difference is equal to or greater than the transitional
standard, the assistance payment is equal to the transitional
standard. If the difference is less than the transitional
standard, the assistance payment is equal to the difference.
The employment disregard in this paragraph must be deducted
every month there is earned income.
(b) All payments made according to a court order for the
support of children not living in the assistance unit's
household must be disregarded from the income of the person with
the legal obligation to pay support, provided that, if there has
been a change in the financial circumstances of the person with
the legal obligation to pay support since the support order was
entered, the person with the legal obligation to pay support has
petitioned for a modification of the court order.
(c) Subtract unearned income dollar for dollar from the
transitional standard to determine the assistance payment amount.
(d) When income is both earned and unearned, the amount of
the assistance payment must be determined by first treating
gross earned income as specified in paragraph (a). After
determining the amount of the assistance payment under paragraph
(a), unearned income must be subtracted from that amount dollar
for dollar to determine the assistance payment amount.
(e) When the monthly income is greater than the
transitional or family wage level standard after applicable
deductions and the income will only exceed the standard for one
month, the county agency must suspend the assistance payment for
the payment month.
Subd. 5. [DISTRIBUTION OF INCOME.] The income of all
members of the assistance unit must be counted. Income may also
be deemed from ineligible persons to the assistance unit.
Income must be attributed to the person who earns it or to the
assistance unit according to paragraphs (a) to (c).
(a) Funds distributed from a trust, whether from the
principal holdings or sale of trust property or from the
interest and other earnings of the trust holdings, must be
considered income when the income is legally available to an
applicant or participant. Trusts are presumed legally available
unless an applicant or participant can document that the trust
is not legally available.
(b) Income from jointly owned property must be divided
equally among property owners unless the terms of ownership
provide for a different distribution.
(c) Deductions are not allowed from the gross income of a
financially responsible household member or by the members of an
assistance unit to meet a current or prior debt.
Sec. 14. [256J.24] [FAMILY COMPOSITION AND ASSISTANCE
STANDARDS.]
Subdivision 1. [MFIP-S ASSISTANCE UNIT.] An MFIP-S
assistance unit is either a group of individuals with at least
one minor child who live together whose needs, assets, and
income are considered together and who receive MFIP-S
assistance, or a pregnant woman who receives MFIP-S assistance.
Individuals identified in subdivision 2 must be included in the
MFIP-S assistance unit. Individuals identified in subdivision 3
must be excluded from the assistance unit. Individuals
identified in subdivision 4 may be included in the assistance
unit at their option. Individuals not included in the
assistance unit who are identified in section 256J.37,
subdivision 1 or 2, must have their income considered when
determining eligibility and benefits for an MFIP-S assistance
unit. All assistance unit members, whether mandatory or
elective, who live together and for whom one caregiver or two
caregivers apply must be included in a single assistance unit.
Subd. 2. [MANDATORY ASSISTANCE UNIT COMPOSITION.] Except
for minor caregivers who are in a separate assistance unit, when
the following individuals live together, they must be included
in the assistance unit:
(1) a minor child;
(2) the minor child's siblings, half-siblings, and
step-siblings; and
(3) the minor child's natural, adoptive parents, and
stepparents.
Subd. 3. [INDIVIDUALS WHO MUST BE EXCLUDED FROM AN
ASSISTANCE UNIT.] The following individuals must be excluded
from an assistance unit:
(1) individuals receiving Supplemental Security Income or
Minnesota supplemental aid;
(2) individuals living at home while performing
court-imposed, unpaid community service work due to a criminal
conviction;
(3) individuals disqualified from the food stamp program or
MFIP-S, until the disqualification ends;
(4) children on whose behalf foster care payments under
title IV-E of the Social Security Act are made, except as
provided in section 256J.74, subdivision 2; and
(5) children receiving ongoing monthly adoption assistance
payments under section 269.67.
Subd. 4. [INDIVIDUALS WHO MAY ELECT TO BE INCLUDED IN THE
ASSISTANCE UNIT.] The minor child's eligible caregiver may
choose to be in the assistance unit, if the caregiver is not
required to be in the assistance unit under subdivision 2. If
the relative caregiver chooses to be in the assistance unit,
that person's spouse must also be in the unit.
Subd. 5. [MFIP-S TRANSITIONAL STANDARD.] The following
table represents the MFIP-S transitional standard table when all
members of the assistance unit are eligible for both food and
cash assistance.
Number of Eligible People Standard
1 $351
2 $609
3 $763
4 $903
5 $1,025
6 $1,165
7 $1,273
8 $1,403
9 $1,530
10 $1,653
over 10 add $121 per additional member.
The commissioner shall annually publish in the State
Register the transitional standard for an assistance unit sizes
1 to 10.
Subd. 6. [APPLICATION OF ASSISTANCE STANDARDS.] The
standards apply to the number of eligible persons in the
assistance unit.
Subd. 7. [FAMILY WAGE LEVEL STANDARD.] The family wage
level standard is 110 percent of the transitional standard under
subdivision 5 and is the standard used when there is earned
income in the assistance unit. As specified in section 256J.21,
earned income is subtracted from the family wage level to
determine the amount of the assistance payment. Assistance
payments may not exceed the transitional standard for the
assistance unit.
Sec. 15. [256J.25] [RETURN OF UTILITY DEPOSIT.]
A county may require that assistance paid under MFIP-S in
the form of a utility deposit less any amount retained to
satisfy outstanding utility costs be returned to the county when
the person vacates the premises or be paid for the person's new
housing unit as a vendor payment.
Sec. 16. [256J.26] [PERSONS INELIGIBLE; VENDOR PAYMENTS.]
Subdivision 1. [PERSON CONVICTED OF DRUG OFFENSES.] (a)
Applicants who have been convicted of a drug offense after July
1, 1997, may, if otherwise eligible, receive AFDC or MFIP-S
benefits subject to the following conditions:
(1) benefits for the entire assistance unit must be paid in
vendor form for shelter and utilities during any time the
applicant is part of the assistance unit;
(2) the convicted applicant shall be subject to random drug
testing as a condition of continued eligibility and is subject
to sanctions under section 256J.46 following any positive test
for an illegal controlled substance.
This subdivision also applies to persons who receive food
stamps under section 115 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
(b) For the purposes of this subdivision, "drug offense"
means a conviction that occurred after July 1, 1997, of sections
152.021 to 152.025, 152.0261, or 152.096. Drug offense also
means a conviction in another jurisdiction of the possession,
use, or distribution of a controlled substance, or conspiracy to
commit any of these offenses, if the offense occurred after July
1, 1997, and the conviction is a felony offense in that
jurisdiction, or in the case of New Jersey, a high misdemeanor.
Subd. 2. [PAROLE VIOLATORS.] An individual violating a
condition of probation or parole or supervised release imposed
under federal law or the law of any state is ineligible to
receive AFDC or MFIP-S.
Subd. 3. [FLEEING FELONS.] An individual who is fleeing to
avoid prosecution, or custody, or confinement after conviction
for a crime that is a felony under the laws of the jurisdiction
from which the individual flees, or in the case of New Jersey,
is a high misdemeanor, is ineligible to receive AFDC or MFIP-S.
Subd. 4. [DENIAL OF ASSISTANCE FOR TEN YEARS TO A PERSON
FOUND TO HAVE FRAUDULENTLY MISREPRESENTED RESIDENCY.] An
individual who is convicted in federal or state court of having
made a fraudulent statement or representation with respect to
the place of residence of the individual in order to receive
assistance simultaneously from two or more states is ineligible
to receive AFDC or MFIP-S for ten years beginning on the date of
the conviction.
Sec. 17. [256J.28] [PROVISIONS RELATED SPECIFICALLY TO
FOOD STAMP ASSISTANCE.]
Subdivision 1. [EXPEDITED ISSUANCE OF FOOD STAMP
ASSISTANCE.] The following households are entitled to expedited
issuance of food stamp assistance:
(1) households with less than $150 in monthly gross income
provided their liquid assets do not exceed $100;
(2) migrant or seasonal farm worker households who are
destitute as defined in Code of Federal Regulations, title 7,
subtitle B, chapter 2, subchapter C, part 273, section 273.10,
paragraph (e)(3), provided their liquid assets do not exceed
$100; and
(3) eligible households whose combined monthly gross income
and liquid resources are less than the household's monthly rent
or mortgage and utilities.
The benefits issued through expedited issuance of food
stamp assistance must be deducted from the amount of the full
monthly MFIP-S assistance payment and a supplemental payment for
the difference must be issued.
Subd. 2. [FOOD STAMPS FOR HOUSEHOLD MEMBERS NOT IN THE
ASSISTANCE UNIT.] (a) For household members who purchase and
prepare food with the MFIP-S assistance unit but are not part of
the assistance unit, the county agency must determine a separate
food stamp benefit based on regulations agreed upon with the
United States department of agriculture.
(b) This subdivision does not apply to optional members who
have chosen not to be in the assistance unit.
(c) Fair hearing requirements for persons who receive food
stamps under this subdivision are governed by section 256.045,
and Code of Federal Regulations, title 7, subtitle B, chapter
II, part 273, section 273.15.
Subd. 3. [INCOME DISREGARD FOR CERTAIN PROGRAMS, FOOD
ASSISTANCE PORTION OF ASSISTANCE PAYMENT.] The portion of the
MFIP-S assistance payment that is designated by the commissioner
as the food assistance portion of the assistance payment must be
disregarded as income in the following programs:
(1) housing subsidy programs;
(2) low-income home energy assistance program;
(3) Supplemental Security Income, when determining interim
assistance amount; and
(4) other programs that do not count food stamps as income.
For the purposes of this subdivision, the food assistance
portion of the assistance payment means a predetermined portion
of the MFIP-S assistance payment that may be received in
point-of-purchase sites or as food stamps. The predetermined
portion of the assistance payment will vary by family profile,
which is based on family size.
Subd. 4. [FOOD PORTION OF MFIP-S ASSISTANCE GRANT.] (a)
The MFIP-S assistance grant must be reduced in an amount equal
to the food portion of the transitional standard for an
assistance unit when a relative caregiver chooses not to be part
of the assistance unit and is exempt from work activities under
this chapter.
(b) The food portion of the MFIP-S grant must be reduced by
$30 for MFIP-S recipients who are also recipients of public
housing subsidies.
Sec. 18. [256J.30] [APPLICANT AND PARTICIPANT REQUIREMENTS
AND RESPONSIBILITIES.]
Subdivision 1. [APPLICANT REPORTING REQUIREMENTS.] An
applicant must provide information on an application form and
supplemental forms about the applicant's circumstances which
affect MFIP-S eligibility or the assistance payment. An
applicant must report changes identified in subdivision 9 while
the application is pending. When an applicant does not
accurately report information on an application, both an
overpayment and a referral for a fraud investigation may
result. When an applicant does not provide information or
documentation, the receipt of the assistance payment may be
delayed or the application may be denied depending on the type
of information required and its effect on eligibility.
Subd. 2. [REQUIREMENT TO APPLY FOR OTHER BENEFITS.] An
applicant or participant must apply for and follow through with
appealing any denials of eligibility for benefits from other
programs for which the applicant or participant is potentially
eligible and which would, if received, offset assistance
payments. An applicant's or participant's failure to complete
application for these benefits without good cause results in
denial or termination of assistance. Good cause for failure to
apply for these benefits is allowed when circumstances beyond
the control of the applicant or participant prevent the
applicant or participant from making an application.
Subd. 3. [RESPONSIBILITY TO INQUIRE.] An applicant or
participant who does not know or is unsure whether a given
change in circumstances will affect the applicant's or
participant's MFIP-S eligibility or assistance payment must
contact the county agency for information.
Subd. 4. [PARTICIPANT'S COMPLETION OF RECERTIFICATION OF
ELIGIBILITY FORM.] A participant must complete forms prescribed
by the commissioner which are required for recertification of
eligibility according to section 256J.32, subdivision 6.
Subd. 5. [MONTHLY MFIP-S HOUSEHOLD REPORTS.] Each
assistance unit with a member who has earned income or a recent
work history, and each assistance unit that has income deemed to
it from a financially responsible person must complete a monthly
MFIP-S household report form. "Recent work history" means the
individual received earned income in the report month or any of
the previous three calendar months even if the earnings are
excluded. To be complete, the MFIP-S household report form must
be signed and dated by the caregivers no earlier than the last
day of the reporting period. All questions required to
determine assistance payment eligibility must be answered, and
documentation of earned income must be included.
Subd. 6. [SIX-MONTH MFIP-S HOUSEHOLD REPORT.] Assistance
units that are not required to report monthly under subdivision
5 must complete an MFIP-S household report form every six
months. To be complete, the MFIP-S household report form must
be signed and dated by the caregiver or caregivers no earlier
than the last day of the reporting period. All questions
required to determine assistance payment eligibility must be
answered and documentation of earned income must be included.
Subd. 7. [DUE DATE OF MFIP-S HOUSEHOLD REPORT.] An MFIP-S
household report form must be received by the county agency by
the eighth calendar day of the month following the reporting
period covered by the form. When the eighth calendar day of the
month falls on a weekend or holiday, the MFIP-S household report
form must be received by the county agency the first working day
that follows the eighth calendar day. The county agency must
send a notice of termination because of a late or incomplete
MFIP-S household report form.
Subd. 8. [LATE MFIP-S HOUSEHOLD REPORT FORMS.] Paragraphs
(a) to (d) apply to the reporting requirements in subdivision 7.
(a) When a caregiver submits an incomplete MFIP-S household
report form before the last working day of the month on which a
ten-day notice of termination can be issued, the county agency
must return the incomplete form on or before the ten-day notice
deadline or any previously sent ten-day notice of termination is
invalid.
(b) When a complete MFIP-S household report form is not
received by a county agency before the last ten days of the
month in which the form is due, the county agency must send a
notice of proposed termination of assistance. When a caregiver
submits an incomplete form on or after the date a notice of
proposed termination has been sent, the termination is valid
unless the caregiver submits a complete form before the end of
the month.
(c) An assistance unit required to submit an MFIP-S
household report form is considered to have continued its
application for assistance if a complete MFIP-S household report
form is received within a calendar month after the month in
which assistance was received and assistance shall be paid for
the period beginning with the first day of the month in which
the report was due.
(d) A county agency must allow good cause exemptions from
the reporting requirements under subdivisions 5 and 6 when any
of the following factors cause a caregiver to fail to provide
the county agency with a completed MFIP-S household report form
before the end of the month in which the form is due:
(1) an employer delays completion of employment
verification;
(2) a county agency does not help a caregiver complete the
MFIP-S household report form when the caregiver asks for help;
(3) a caregiver does not receive an MFIP-S household report
form due to mistake on the part of the department or the county
agency or due to a reported change in address;
(4) a caregiver is ill, or physically or mentally
incapacitated; or
(5) some other circumstance occurs that a caregiver could
not avoid with reasonable care which prevents the caregiver from
providing a completed MFIP-S household report form before the
end of the month in which the form is due.
Subd. 9. [CHANGES THAT MUST BE REPORTED.] A caregiver must
report the changes or anticipated changes specified in clauses
(1) to (16) within ten days of the date they occur, within ten
days of the date the caregiver learns that the change will
occur, at the time of the periodic recertification of
eligibility under section 256J.32, subdivision 6, or within
eight calendar days of a reporting period as in subdivision 5 or
6, whichever occurs first. A caregiver must report other
changes at the time of the periodic recertification of
eligibility under section 256J.32, subdivision 6, or at the end
of a reporting period under subdivision 5 or 6, as applicable.
A caregiver must make these reports in writing to the county
agency. When a county agency could have reduced or terminated
assistance for one or more payment months if a delay in
reporting a change specified under clauses (1) to (16) had not
occurred, the county agency must determine whether a timely
notice under section 256J.31, subdivision 4, could have been
issued on the day that the change occurred. When a timely
notice could have been issued, each month's overpayment
subsequent to that notice must be considered a client error
overpayment under section 256J.38. Changes in circumstances
which must be reported within ten days must also be reported on
the MFIP-S household report form for the reporting period in
which those changes occurred. Within ten days, a caregiver must
report:
(1) a change in initial employment;
(2) a change in initial receipt of unearned income;
(3) a recurring change in unearned income;
(4) a nonrecurring change of unearned income that exceeds
$30;
(5) the receipt of a lump sum;
(6) an increase in assets that may cause the assistance
unit to exceed asset limits;
(7) a change in the physical or mental status of an
incapacitated member of the assistance unit if the physical or
mental status is the basis of exemption from an MFIP-S work and
training program;
(8) a change in employment status;
(9) a change in household composition, including births,
returns to and departures from the home of assistance unit
members and financially responsible persons, or a change in the
custody of a minor child;
(10) a change in health insurance coverage;
(11) the marriage or divorce of an assistance unit member;
(12) the death of a parent, minor child, or financially
responsible person;
(13) a change in address or living quarters of the
assistance unit;
(14) the sale, purchase, or other transfer of property;
(15) a change in school attendance of a custodial parent or
an employed child; and
(16) filing a lawsuit, a workers' compensation claim, or a
monetary claim against a third party.
Subd. 10. [COOPERATION WITH HEALTH CARE BENEFITS.] (a) The
caregiver of a minor child must cooperate with the county agency
to identify and provide information to assist the county agency
in pursuing third-party liability for medical services.
(b) A caregiver must assign to the department any rights to
health insurance policy benefits the caregiver has during the
period of MFIP-S eligibility.
(c) A caregiver must identify any third party who may be
liable for care and services available under the medical
assistance program on behalf of the applicant or participant and
all other assistance unit members.
(d) When a participant refuses to identify any third party
who may be liable for care and services, the recipient must be
sanctioned as provided in section 256J.46, subdivision 1. The
recipient is also ineligible for medical assistance for a
minimum of one month and until the recipient cooperates with the
requirements of this subdivision.
Subd. 11. [REQUIREMENT TO ASSIGN SUPPORT AND MAINTENANCE
RIGHTS.] To be eligible for MFIP-S, the caregiver must assign
all rights to child support and spousal maintenance benefits
according to section 256.74, subdivision 5, and section 256.741,
if enacted.
Subd. 12. [REQUIREMENT TO PROVIDE SOCIAL SECURITY
NUMBERS.] Each member of the assistance unit must provide the
member's social security number to the county agency, except for
members in the assistance unit who are qualified noncitizens who
are victims of domestic violence as defined under section
256J.08, subdivision 73, clause (7). When a social security
number is not provided to the county agency for verification,
this requirement is satisfied when each member of the assistance
unit cooperates with the procedures for verification of numbers,
issuance of duplicate cards, and issuance of new numbers which
have been established jointly between the Social Security
Administration and the commissioner.
Sec. 19. [256J.31] [APPLICANT AND PARTICIPANT RIGHTS AND
COUNTY AGENCY RESPONSIBILITIES.]
Subdivision 1. [RIGHT TO INFORMATION.] An applicant or
participant has the right to obtain from the county agency
information about the benefits, requirements, restrictions, and
appeal provisions of public assistance programs.
Subd. 2. [RIGHT TO AUTHORIZED REPRESENTATIVE.] An
applicant or participant has the right to designate an
authorized representative to act on the applicant's or
participant's behalf. An applicant or participant has the right
to be assisted or represented by an authorized representative in
eligibility determinations, recertification, conciliation
conferences, the fair hearing process, and any other contacts
with the county agency or the department. When a county agency
determines that it is necessary for a person to assist an
applicant or participant, the county agency must designate a
staff member to assist the applicant or participant. Upon a
request from an applicant or participant, a county agency must
provide addresses and telephone numbers of organizations that
provide legal services at low cost or no cost to low-income
persons.
Subd. 3. [RIGHT OF APPLICANT TO NOTICE.] A county agency
must notify an applicant of the disposition of the applicant's
application. The notice must be in writing and on forms
prescribed by the commissioner. The county agency must mail the
notice to the last known mailing address provided by the
applicant. When an application is denied, the county agency
must notify the applicant in writing of the reasons for the
denial, of the right to appeal, and of the right to reapply for
assistance.
Subd. 4. [PARTICIPANT'S RIGHT TO NOTICE.] A county agency
must give a participant written notice of all adverse actions
affecting the participant including payment reductions,
suspensions, terminations, and use of protective, vendor, or
two-party payments. The notice of adverse action must be on a
form prescribed or approved by the commissioner and must be
mailed to the last known mailing address provided by the
participant. The county agency must state on the notice of
adverse action the action it intends to take, the reasons for
the action, the participant's right to appeal the action, the
conditions under which assistance can be continued pending an
appeal decision, and the related consequences of the action.
Subd. 5. [MAILING OF NOTICE.] The notice of adverse action
shall be issued according to paragraphs (a) to (c).
(a) A county agency shall mail a notice of adverse action
at least ten days before the effective date of the adverse
action, except as provided in paragraphs (b) and (c).
(b) A county agency must mail a notice of adverse action at
least five days before the effective date of the adverse action
when the county agency has factual information that requires an
action to reduce, suspend, or terminate assistance based on
probable fraud.
(c) A county agency shall mail a notice of adverse action
before or on the effective date of the adverse action when the
county agency:
(1) receives the caregiver's signed monthly MFIP-S
household report form that includes information that requires
payment reduction, suspension, or termination;
(2) is informed of the death of a participant or the payee;
(3) receives a signed statement from the caregiver that
assistance is no longer wanted;
(4) receives a signed statement from the caregiver that
provides information that requires the termination or reduction
of assistance;
(5) verifies that a member of the assistance unit is absent
from the home and does not meet temporary absence provisions in
section 256J.13;
(6) verifies that a member of the assistance unit has
entered a regional treatment center or a licensed residential
facility for medical or psychological treatment or
rehabilitation;
(7) verifies that a member of an assistance unit has been
placed in foster care, and the provisions of section 256J.13,
subdivision 2, paragraph (b), do not apply;
(8) verifies that a member of an assistance unit has been
approved to receive assistance by another state; or
(9) cannot locate a caregiver.
Subd. 6. [APPEAL RIGHTS.] An applicant, participant, or
former participant has the right to request a fair hearing when
aggrieved by an action or inaction of a county agency. A
request for a fair hearing and rights pending a fair hearing are
set as specified in section 256J.40.
Subd. 7. [CASE RECORDS AVAILABLE.] A county agency must
make financial case records available to the participant or
former participant as soon as possible but no later than the
fifth business day following the date of the request. When the
participant or former participant asks for photocopies of
material from the financial case record, the county agency must
provide one copy of each page at no cost.
Subd. 8. [RIGHT TO MANAGE AFFAIRS.] Except for protective
payment provisions authorized under section 256J.39,
participants have the right to manage their own affairs.
Subd. 9. [RIGHT TO PROTECTION.] Minor caregivers have the
right to protection. The county agency must refer a minor
caregiver to the social service unit within 30 days of the date
the application is approved. The social service unit must
assist the caregiver who is less than 18 years of age to develop
a plan as specified in section 256J.54.
Subd. 10. [PROTECTION FROM GARNISHMENT.] MFIP-S grants or
earnings of a caregiver while participating in full or part-time
employment or training shall be protected from garnishment.
This protection for earnings shall extend for a period of six
months from the date of termination from MFIP-S.
Subd. 11. [RESPONSIBILITY TO RETAIN CASE RECORDS.] The
county agency must retain financial case records and employment
and training service records for MFIP-S cases according to
chapter 13.
Sec. 20. [256J.315] [COUNTY AND TRIBAL COOPERATION.]
The county agency must cooperate with tribal governments in
the implementation of MFIP-S to ensure that the program meets
the special needs of persons living on Indian reservations.
This cooperation must include, but is not limited to, the
sharing of MFIP-S duties including initial screening,
orientation, assessments, and provision of employment and
training services. The county agency shall encourage tribal
governments to assume duties related to MFIP-S and shall work
cooperatively with tribes that have assumed responsibility for a
portion of the MFIP-S program to expand tribal responsibilities,
if that expansion is requested by the tribe.
Sec. 21. [256J.32] [DOCUMENTING, VERIFYING, AND
RECERTIFYING ELIGIBILITY.]
Subdivision 1. [VERIFICATION OF INFORMATION.] A county
agency must only require verification of information necessary
to determine MFIP-S eligibility and the amount of the assistance
payment.
Subd. 2. [DOCUMENTATION.] The applicant or participant
must document the information required under subdivisions 4 to 6
or authorize the county agency to verify the information. The
applicant or participant has the burden of providing documentary
evidence to verify eligibility. The county agency shall assist
the applicant or participant in obtaining required documents
when the applicant or participant is unable to do so. When an
applicant or participant and the county agency are unable to
obtain documents needed to verify information, the county agency
may accept an affidavit from an applicant or participant as
sufficient documentation.
Subd. 3. [CONTACTING THIRD PARTIES.] A county agency must
not request information about an applicant or participant that
is not of public record from a source other than county
agencies, the department, or the United States Department of
Health and Human Services without the person's prior written
consent. An applicant's signature on an application form
constitutes consent for contact with the sources specified on
the application. A county agency may use a single consent form
to contact a group of similar sources, such as banks or
insurance agencies, but the sources to be contacted must be
identified by the county agency prior to requesting an
applicant's consent.
Subd. 4. [FACTORS TO BE VERIFIED.] The county agency shall
verify the following at application:
(1) identity of adults;
(2) presence of the minor child in the home, if
questionable;
(3) relationship of a minor child to caregivers in the
assistance unit;
(4) age, if necessary to determine MFIP-S eligibility;
(5) immigration status;
(6) social security number in accordance with the
requirements of section 256J.30, subdivision 12;
(7) income;
(8) self-employment expenses used as a deduction;
(9) source and purpose of deposits and withdrawals from
business accounts;
(10) spousal support and child support payments made to
persons outside the household;
(11) real property;
(12) vehicles;
(13) checking and savings accounts;
(14) savings certificates, savings bonds, stocks, and
individual retirement accounts;
(15) pregnancy, if related to eligibility;
(16) inconsistent information, if related to eligibility;
(17) medical insurance;
(18) anticipated graduation date of an 18-year-old;
(19) burial accounts;
(20) school attendance, if related to eligibility; and
(21) residence.
Subd. 5. [VERIFICATION OF IMMIGRATION STATUS.] An
applicant's written authorization is required before the county
agency contacts the Immigration and Naturalization Service to
verify immigration status under subdivision 4, clause (5).
However, refusal to provide such authorization is grounds for a
finding of ineligibility if the applicant fails to produce proof
of eligible immigration status.
Subd. 5a. [INCONSISTENT INFORMATION.] When the county
agency verifies inconsistent information under subdivision 4,
clause (16), or under subdivision 6, clause (4), the reason for
verifying the information must be documented in the financial
case record.
Subd. 6. [RECERTIFICATION.] The county agency shall
recertify eligibility in an annual face-to-face interview with
the participant and verify the following:
(1) presence of the minor child in the home, if
questionable;
(2) income, including self-employment expenses used as a
deduction or deposits or withdrawals from business accounts;
(3) assets when the value is within $200 of the asset
limit; and
(4) inconsistent information, if related to eligibility.
Sec. 22. [256J.33] [PROSPECTIVE AND RETROSPECTIVE
DETERMINATION OF MFIP-S ELIGIBILITY.]
Subdivision 1. [DETERMINATION OF ELIGIBILITY.] A county
agency must determine MFIP-S eligibility prospectively for a
payment month based on retrospectively assessing income and the
county agency's best estimate of the circumstances that will
exist in the payment month.
Except as described in section 256J.34, subdivision 1, when
prospective eligibility exists, a county agency must calculate
the amount of the assistance payment using retrospective
budgeting. To determine MFIP-S eligibility and the assistance
payment amount, a county agency must apply countable income,
described in section 256J.37, subdivisions 3 to 10, received by
members of an assistance unit or by other persons whose income
is counted for the assistance unit, described under sections
256J.21 and 256J.37, subdivisions 1 and 2.
This income must be applied to the transitional standard or
family wage standard subject to this section and sections
256J.34 to 256J.36. Income received in a calendar month and not
otherwise excluded under section 256J.21, subdivision 2, must be
applied to the needs of an assistance unit.
Subd. 2. [PROSPECTIVE ELIGIBILITY.] A county agency must
determine whether the eligibility requirements that pertain to
an assistance unit, including those in sections 256J.11 to
256J.15 and 256J.20, will be met prospectively for the payment
month. Except for the provisions in section 256J.34,
subdivision 1, the income test will be applied retrospectively.
Subd. 3. [RETROSPECTIVE ELIGIBILITY.] After the first two
months of MFIP-S eligibility, a county agency must continue to
determine whether an assistance unit is prospectively eligible
for the payment month by looking at all factors other than
income and then determine whether the assistance unit is
retrospectively income eligible by applying the monthly income
test to the income from the budget month. When the monthly
income test is not satisfied, the assistance payment must be
suspended when ineligibility exists for one month or ended when
ineligibility exists for more than one month.
Subd. 4. [MONTHLY INCOME TEST.] A county agency must apply
the monthly income test retrospectively for each month of MFIP-S
eligibility. An assistance unit is not eligible when the
countable income equals or exceeds the transitional standard or
the family wage level for the assistance unit. The income
applied against the monthly income test must include:
(1) gross earned income from employment, prior to mandatory
payroll deductions, voluntary payroll deductions, wage
authorizations, and after the disregards in section 256J.21,
subdivision 3, and the allocations in section 256J.36, unless
the employment income is specifically excluded under section
256J.21, subdivision 2;
(2) gross earned income from self-employment less
deductions for self-employment expenses in section 256J.37,
subdivision 5, but prior to any reductions for personal or
business state and federal income taxes, personal FICA, personal
health and life insurance, and after the disregards in section
256J.21, subdivision 3, and the allocations in section 256J.36;
(3) unearned income after deductions for allowable expenses
in section 256J.37, subdivision 9, and allocations in section
256J.36, unless the income has been specifically excluded in
section 256J.21, subdivision 2;
(4) gross earned income from employment as determined under
clause (1) which is received by a member of an assistance unit
who is a minor child or minor caregiver and less than a
half-time student;
(5) child support and spousal support received or
anticipated to be received by an assistance unit;
(6) the income of a parent when that parent is not included
in the assistance unit;
(7) the income of an eligible relative and spouse who seek
to be included in the assistance unit; and
(8) the unearned income of a minor child included in the
assistance unit.
Subd. 5. [WHEN TO TERMINATE ASSISTANCE.] When an
assistance unit is ineligible for MFIP-S assistance for two
consecutive months, the county agency must terminate MFIP-S
assistance.
Sec. 23. [256J.34] [CALCULATING PAYMENTS; SIGNIFICANT
CHANGE; INCOME AVERAGING.]
Subdivision 1. [PROSPECTIVE BUDGETING.] A county agency
must use prospective budgeting to calculate the assistance
payment amount for the first two months for an applicant who has
not received assistance in this state for at least one payment
month preceding the first month of payment under a current
application. Prospective budgeting is not subject to
overpayments or underpayments unless fraud is determined under
section 256.98.
(a) The county agency must apply the income received or
anticipated in the first month of MFIP-S eligibility against the
need of the first month. The county agency must apply the
income received or anticipated in the second month against the
need of the second month.
(b) When the assistance payment for any part of the first
two months is based on anticipated income, the county agency
must base the initial assistance payment amount on the
information available at the time the initial assistance payment
is made.
(c) The county agency must determine the assistance payment
amount for the first two months of MFIP-S eligibility by
budgeting both recurring and nonrecurring income for those two
months.
(d) The county agency must budget the child support income
received or anticipated to be received by an assistance unit to
determine the assistance payment amount from the month of
application through the date in which MFIP-S eligibility is
determined and assistance is authorized. Child support income
which has been budgeted to determine the assistance payment in
the initial two months is considered nonrecurring income. An
assistance unit must forward any payment of child support to the
child support enforcement unit of the county agency following
the date in which assistance is authorized.
Subd. 2. [RETROSPECTIVE BUDGETING.] The county agency must
use retrospective budgeting to calculate the monthly assistance
payment amount after the payment for the first two months has
been made under subdivision 1.
Subd. 3. [ADDITIONAL USES OF RETROSPECTIVE
BUDGETING.] Notwithstanding subdivision 1, the county agency
must use retrospective budgeting to calculate the monthly
assistance payment amount for the first two months under
paragraphs (a) and (b).
(a) The county agency must use retrospective budgeting to
determine the amount of the assistance payment in the first two
months of MFIP-S eligibility:
(1) when an assistance unit applies for assistance for the
same month for which assistance has been interrupted, the
interruption in eligibility is less than one payment month, the
assistance payment for the preceding month was issued in this
state, and the assistance payment for the immediately preceding
month was determined retrospectively; or
(2) when a person applies in order to be added to an
assistance unit, that assistance unit has received assistance in
this state for at least the two preceding months, and that
person has been living with and has been financially responsible
for one or more members of that assistance unit for at least the
two preceding months.
(b) Except as provided in clauses (1) to (4), the county
agency must use retrospective budgeting and apply income
received in the budget month by an assistance unit and by a
financially responsible household member who is not included in
the assistance unit against the appropriate transitional or
family wage level standard to determine the assistance payment
to be issued for the payment month.
(1) When a source of income ends prior to the third payment
month, that income is not considered in calculating the
assistance payment for that month. When a source of income ends
prior to the fourth payment month, that income is not considered
when determining the assistance payment for that month.
(2) When a member of an assistance unit or a financially
responsible household member leaves the household of the
assistance unit, the income of that departed household member is
not budgeted retrospectively for any full payment month in which
that household member does not live with that household and is
not included in the assistance unit.
(3) When an individual is removed from an assistance unit
because the individual is no longer a minor child, the income of
that individual is not budgeted retrospectively for payment
months in which that individual is not a member of the
assistance unit, except that income of an ineligible child in
the household must continue to be budgeted retrospectively
against the child's needs when the parent or parents of that
child request allocation of their income against any unmet needs
of that ineligible child.
(4) When a person ceases to have financial responsibility
for one or more members of an assistance unit, the income of
that person is not budgeted retrospectively for the payment
months which follow the month in which financial responsibility
ends.
Subd. 4. [SIGNIFICANT CHANGE IN GROSS INCOME.] The county
agency must recalculate the assistance payment when an
assistance unit experiences a significant change, as defined in
section 256J.08, resulting in a reduction in the gross income
received in the payment month from the gross income received in
the budget month. The county agency must issue a supplemental
assistance payment based on the county agency's best estimate of
the assistance unit's income and circumstances for the payment
month. Budget adjustments that result from significant changes
are limited to two in a 12-month period regardless of the reason
for the change. Budget adjustments due to a significant change
in the amount of direct support received must not be made after
the date the assistance unit is required to forward support to
the child support enforcement unit under subdivision 1,
paragraph (d).
Subd. 5. [INCOME AVERAGING FOR PARTICIPANTS PAID WEEKLY OR
BIWEEKLY.] For the purposes of stabilizing assistance payments,
the county agency may average income for participants paid
weekly or biweekly. Monthly income may be computed by adding
income from all paychecks, dividing the sum by the number of
paychecks, and multiplying the results by 4.3 if paychecks are
weekly or 2.16 if paychecks are biweekly. The county agency may
not use income averaging unless discussed with the participant
and requested by the participant.
Sec. 24. [256J.35] [AMOUNT OF ASSISTANCE PAYMENT.]
Except as provided in paragraphs (a) to (c), the amount of
an assistance payment is equal to the difference between the
transitional standard or the family wage level in section
256J.24 and countable income.
(a) When MFIP-S eligibility exists for the month of
application, the amount of the assistance payment for the month
of application must be prorated from the date of application or
the date all other eligibility factors are met for that
applicant, whichever is later. This provision applies when an
applicant loses at least one day of MFIP-S eligibility.
(b) MFIP-S overpayments to an assistance unit must be
recouped according to section 256J.38, subdivision 4.
(c) An initial assistance payment must not be made to an
applicant who is not eligible on the date payment is made.
Sec. 25. [256J.36] [ALLOCATION FOR UNMET NEED OF OTHER
HOUSEHOLD MEMBERS.]
Except as prohibited in paragraphs (a) and (b), an
allocation of income is allowed to meet the unmet need of an
ineligible spouse or an ineligible child under the age of 21 for
whom the caregiver is financially responsible who also lives
with the caregiver. An allocation is allowed from the
caregiver's income to meet the need of an ineligible or excluded
person. That allocation is allowed in an amount up to the
difference between the MFIP-S family allowance for the
assistance unit when that excluded or ineligible person is
included in the assistance unit and the MFIP-S family allowance
for the assistance unit when the excluded or ineligible person
is not included in the assistance unit. These allocations must
be deducted from the caregiver's counted earnings and from
unearned income subject to paragraphs (a) and (b).
(a) Income of a minor child in the assistance unit must not
be allocated to meet the need of a person who is not a member of
the assistance unit, including the child's parent, even when
that parent is the payee of the child's income.
(b) Income of an assistance unit must not be allocated to
meet the needs of a person ineligible for failure to cooperate
with program requirements including child support requirements,
a person ineligible due to fraud, or a relative caregiver and
the caregiver's spouse who opt out of the assistance unit.
Sec. 26. [256J.37] [TREATMENT OF INCOME AND LUMP SUMS.]
Subdivision 1. [DEEMED INCOME FROM INELIGIBLE HOUSEHOLD
MEMBERS.] The income of ineligible household members must be
deemed after allowing the following disregards:
(1) the first 18 percent of the excluded family member's
gross earned income;
(2) amounts the ineligible person actually paid to
individuals not living in the same household but whom the
ineligible person claims as dependents for determining federal
personal income tax liability;
(3) child or spousal support paid to a person who lives
outside of the household; and
(4) an amount for the needs of other persons who live in
the household but are not included in the assistance unit and
are or could be claimed by an ineligible person as dependents
for determining federal personal income tax liability. This
amount is equal to the difference between the MFIP-S need
standard when the excluded person is included in the assistance
unit and the MFIP-S need standard when the excluded person is
not included in the assistance unit.
Subd. 2. [DEEMED INCOME AND ASSETS OF SPONSOR OF
NONCITIZENS.] All income and assets of a sponsor, or sponsor's
spouse, who executed an affidavit of support for a noncitizen
must be deemed to be unearned income of the noncitizen as
specified in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 and subsequently set out in federal
rules.
Subd. 3. [EARNED INCOME OF WAGE, SALARY, AND CONTRACTUAL
EMPLOYEES.] The county agency must include gross earned income
less any disregards in the initial and monthly income test.
Gross earned income received by persons employed on a
contractual basis must be prorated over the period covered by
the contract even when payments are received over a lesser
period of time.
Subd. 4. [SELF-EMPLOYMENT.] Self-employed individuals are
those who are responsible for their own work schedule and do not
have coverage under an employer's liability insurance or
workers' compensation. Self-employed individuals generally work
for themselves rather than an employer. However, individuals
employed in some types of services may be self-employed even if
they have an employer or work out of another's business
location. For example, real estate sales people, individuals
who work for commission sales, manufacturer's representatives,
and independent contractors may be self-employed. Self-employed
individuals may or may not have FICA deducted from the check
issued to them by an employer or another party.
Self-employed individuals may own a business singularly or
in partnership. Individuals operating more than one
self-employment business may use the loss from one business to
offset self-employment income from another business. A loss
from a self-employment business may not offset income earned
under subdivision 3.
Subd. 5. [SELF-EMPLOYMENT EARNINGS.] The county agency
must determine self-employment income according to the following:
(a) Subtract allowable business expenses from total gross
receipts. Allowable business expenses include:
(1) interest on mortgages and loans;
(2) employee wages, except for persons who are part of the
assistance unit or whose income is deemed to the participant;
(3) FICA funds paid on employees' wages, payment of
employee workers' compensation, and reemployment insurance;
(4) livestock and veterinary or breeding fees;
(5) raw material;
(6) seed and fertilizer;
(7) maintenance and repairs that are not capital
expenditures;
(8) tax return preparation fees;
(9) license fees, professional fees, franchise fees, and
professional dues;
(10) tools and supplies that are not capital expenditures;
(11) fuel and transportation expenses other than fuel costs
covered by the flat rate transportation deduction;
(12) advertising costs;
(13) meals eaten when required to be away from the local
work site;
(14) property expenses such as rent, insurance, taxes, and
utilities;
(15) postage;
(16) purchase cost of inventory at time of sale;
(17) loss from another self-employment business;
(18) attorney fees allowed by the Internal Revenue Service;
and
(19) tuition for classes necessary to maintain or improve
job skills or required by law to maintain job status or salary
as allowed by the Internal Revenue Service.
(b) The county agency shall not allow a deduction for the
following expenses:
(1) purchases of capital assets;
(2) payments on the principals of loans for capital assets;
(3) depreciation;
(4) amortization;
(5) the wholesale costs of items purchased, processed, or
manufactured which are unsold inventory;
(6) transportation costs that exceed the maximum standard
mileage rate allowed for use of a personal car in the Internal
Revenue Code;
(7) costs, in any amount, for mileage between an
applicant's or participant's home and place of employment;
(8) salaries and other employment deductions made for
members of an assistance unit or persons who live in the
household for whom an employer is legally responsible;
(9) monthly expenses in excess of $71 for each roomer;
(10) monthly expenses in excess of the Thrifty Food Plan
amount for one person for each boarder. For purposes of this
clause and clause (11), "Thrifty Food Plan" has the meaning
given it in Code of Federal Regulations;
(11) monthly expenses in excess of the roomer rate plus the
Thrifty Food Plan amount for one person for each
roomer-boarder. If there is more than one boarder or
roomer-boarder, use the total number of boarders as the unit
size to determine the Thrifty Food Plan amount;
(12) an amount greater than actual expenses or two percent
of the estimated market value on a county tax assessment form,
whichever is greater, as a deduction for upkeep and repair
against rental income;
(13) expenses not allowed by the Internal Revenue Code;
(14) expenses in excess of 60 percent of gross receipts for
in-home child care unless a higher amount can be documented; and
(15) expenses that are reimbursed under the child and adult
care food program as authorized under the National School Lunch
Act, United States Code, title 42.
Subd. 6. [SELF-EMPLOYMENT BUDGET PERIOD.] The
self-employment budget period begins in the month of application
or in the first month of self-employment. Gross receipts must
be budgeted in the month received. Expenses must be budgeted
against gross receipts in the month the expenses are paid,
except for paragraphs (a) to (c).
(a) The purchase cost of inventory items, including
materials which are processed or manufactured, must be deducted
as an expense at the time payment is received for the sale of
the inventory items.
(b) A 12-month rolling average based on clauses (1) to (3)
must be used to budget monthly income.
(1) For a business in operation for at least 12 months, the
county agency shall use the average monthly self-employment
income from the most current income tax report for the 12 months
before the month of application. The county agency shall
determine a new monthly average by adding in the actual
self-employment income and expenses from the previous month and
dropping the first month from the averaging period.
(2) For a business in operation for less than 12 months,
the county agency shall compute the average for the number of
months the business has been in operation to determine a monthly
average. When data are available for 12 or more months, average
monthly self-employment income is determined under clause (1).
(3) If the business undergoes a major change, the county
agency shall compute a new rolling average beginning with the
first month of the major change. For the purpose of this
clause, major change means a change that affects the nature and
scale of the business and is not merely the result of normal
business fluctuations.
(c) For seasonal self-employment, the caregiver may choose
whether to use actual income in the month of receipt and
expenses in the month incurred or the rolling average method of
computation. The choice must be made once per year at the time
of application or recertification. For the purpose of this
paragraph, seasonal means working six or less months per year.
Subd. 7. [FARM INCOME.] Farm income is the difference
between gross receipts and operating expenses. The county
agency must not allow a deduction for expenses listed in
subdivision 5, paragraph (b). Gross receipts include sales,
rents, subsidies, soil conservation payments, production derived
from livestock, and income from home-produced food.
Subd. 8. [RENTAL INCOME.] The county agency must treat
income from rental property as earned or unearned income.
Income from rental property is unearned income unless the
assistance unit spends an average of ten hours per week on
maintenance or management of the property. When the owner
spends more than ten hours per week on maintenance or repairs,
the earnings are considered self-employment earnings. An amount
must be deducted for upkeep and repairs, as specified in
subdivision 5, paragraph (b), clause (12), real estate taxes,
insurance, utilities, and interest on principal payments. When
the applicant or participant lives on the rental property,
expenses for upkeep, taxes, insurance, utilities, and interest
must be divided by the number of rooms to determine expense per
room and expenses deducted must be deducted only for the number
of rooms rented.
Subd. 9. [UNEARNED INCOME.] (a) The county agency must
apply unearned income, including housing subsidies as in
paragraph (b), to the transitional standard. When determining
the amount of unearned income, the county agency must deduct the
costs necessary to secure payments of unearned income. These
costs include legal fees, medical fees, and mandatory deductions
such as federal and state income taxes.
(b) Effective July 1, 1998, the county agency shall count
$100 of the value of public and assisted rental subsidies
provided through the Department of Housing and Urban Development
(HUD) as unearned income. The full amount of the subsidy must
be counted as unearned income when the subsidy is less than $100.
Subd. 10. [TREATMENT OF LUMP SUMS.] (a) The county agency
must treat lump-sum payments as earned or unearned income. If
the lump-sum payment is included in the category of income
identified in subdivision 9, it must be treated as unearned
income. A lump sum is counted as income in the month received
and budgeted either prospectively or retrospectively depending
on the budget cycle at the time of receipt. When an individual
receives a lump-sum payment, that lump sum must be combined with
all other earned and unearned income received in the same budget
month, and it must be applied according to paragraphs (a) to (c).
A lump sum may not be carried over into subsequent months. Any
funds that remain in the third month after the month of receipt
are counted in the asset limit.
(b) For a lump sum received by an applicant during the
first two months, prospective budgeting is used to determine the
payment and the lump sum must be combined with other earned or
unearned income received and budgeted in that prospective month.
(c) For a lump sum received by a participant after the
first two months of MFIP-S eligibility, the lump sum must be
combined with other income received in that budget month, and
the combined amount must be applied retrospectively against the
applicable payment month.
(d) When a lump sum, combined with other income under
paragraphs (b) and (c), is less than the transitional standard
for the applicable payment month, the assistance payment must be
reduced according to the amount of the countable income. When
the countable income is greater than the transitional standard
or the family wage standard, the assistance payment must be
suspended for the payment month.
Sec. 27. [256J.38] [CORRECTION OF OVERPAYMENTS AND
UNDERPAYMENTS.]
Subdivision 1. [SCOPE OF OVERPAYMENT.] When a participant
or former participant receives an overpayment due to agency,
client, or ATM error, or due to assistance received while an
appeal is pending and the participant or former participant is
determined ineligible for assistance or for less assistance than
was received, the county agency must recoup or recover the
overpayment under the conditions of this section.
Subd. 2. [NOTICE OF OVERPAYMENT.] When a county agency
discovers that a participant or former participant has received
an overpayment for one or more months, the county agency must
notify the participant or former participant of the overpayment
in writing. A notice of overpayment must specify the reason for
the overpayment, the authority for citing the overpayment, the
time period in which the overpayment occurred, the amount of the
overpayment, and the participant's or former participant's right
to appeal. No limit applies to the period in which the county
agency is required to recoup or recover an overpayment according
to subdivisions 3 and 4.
Subd. 3. [RECOVERING OVERPAYMENTS FROM FORMER
PARTICIPANTS.] A county agency must initiate efforts to recover
overpayments paid to a former participant. Adults and minor
caregivers of an assistance unit at the time an overpayment
occurs, whether receiving assistance or not, are jointly and
individually liable for repayment of the overpayment. The
county agency must request repayment from the former
participants. When an agreement for repayment is not completed
within six months of the date of discovery or when there is a
default on an agreement for repayment after six months, the
county agency must initiate recovery consistent with chapter
270A, or section 541.05. When a person has been convicted of
fraud under section 256.98, recovery must be sought regardless
of the amount of overpayment. When an overpayment is less than
$35, and is not the result of a fraud conviction under section
256.98, the county agency must not seek recovery under this
subdivision. The county agency must retain information about
all overpayments regardless of the amount. When an adult or
minor caregiver reapplies for assistance, the overpayment must
be recouped under subdivision 4.
Subd. 4. [RECOUPING OVERPAYMENTS FROM PARTICIPANTS.] A
participant may voluntarily repay, in part or in full, an
overpayment even if assistance is reduced under this
subdivision, until the total amount of the overpayment is
repaid. When an overpayment occurs due to fraud, the county
agency must recover ten percent of the transitional standard or
the amount of the monthly assistance payment, whichever is
less. When a nonfraud overpayment occurs, the county agency
must recover three percent of the transitional standard or the
amount of the monthly assistance payment, whichever is less.
Subd. 5. [RECOVERING AUTOMATIC TELLER MACHINE ERRORS.] For
recipients receiving benefits via electronic benefit transfer,
if the overpayment is a result of an ATM dispensing funds in
error to the recipient, the agency may recover the ATM error by
immediately withdrawing funds from the recipient's electronic
benefit transfer account, up to the amount of the error.
Subd. 6. [SCOPE OF UNDERPAYMENTS.] A county agency must
issue a corrective payment for underpayments made to a
participant or to a person who would be a participant if an
agency or client error causing the underpayment had not occurred.
The county agency must issue the corrective payment according to
subdivision 8.
Subd. 7. [IDENTIFYING THE UNDERPAYMENT.] An underpayment
may be identified by a county agency, by a participant, by a
former participant, or by a person who would be a participant
except for agency or client error.
Subd. 8. [ISSUING CORRECTIVE PAYMENTS.] A county agency
must correct an underpayment within seven calendar days after
the underpayment has been identified, by adding the corrective
payment amount to the monthly assistance payment of the
participant or by issuing a separate payment to a participant or
former participant, or by reducing an existing overpayment
balance. When an underpayment occurs in a payment month and is
not identified until the next payment month or later, the county
agency must first subtract the underpayment from any overpayment
balance before issuing the corrective payment. The county
agency must not apply an underpayment in a current payment month
against an overpayment balance. When an underpayment in the
current payment month is identified, the corrective payment must
be issued within seven calendar days after the underpayment is
identified.
Subd. 9. [APPEALS.] A participant may appeal an
underpayment, an overpayment, and a reduction in an assistance
payment made to recoup the overpayment under subdivision 4. The
participant's appeal of each issue must be timely under section
256.045. When an appeal based on the notice issued under
subdivision 2 is not timely, the fact or the amount of that
overpayment must not be considered as a part of a later appeal,
including an appeal of a reduction in an assistance payment to
recoup that overpayment.
Sec. 28. [256J.39] [PAYMENT PROVISIONS; VENDOR PAYMENTS.]
Subdivision 1. [PAYMENT POLICY.] The following policies
apply to monthly assistance payments and corrective payments:
(1) Grant payments may be issued in the form of warrants
immediately redeemable in cash, electronic benefits transfer, or
by direct deposit into the recipient's account in a financial
institution.
(2) The commissioner shall mail assistance payment checks
to the address where a caregiver lives unless the county agency
approves an alternate arrangement.
(3) The commissioner shall mail monthly assistance payment
checks within time to allow postal service delivery to occur no
later than the first day of each month. Monthly assistance
payment checks must be dated the first day of the month. The
commissioner shall issue electronic benefits transfer payments
so that caregivers have access to the payments no later than the
first of the month.
(4) The commissioner shall issue replacement checks
promptly, but no later than seven calendar days after the
provisions of sections 16A.46; 256.01, subdivision 11; and
471.415 have been met.
Subd. 2. [PROTECTIVE AND VENDOR PAYMENTS.] Alternatives to
paying assistance directly to a participant may be used when:
(1) a county agency determines that a vendor payment is the
most effective way to resolve an emergency situation pertaining
to basic needs;
(2) a caregiver makes a written request to the county
agency asking that part or all of the assistance payment be
issued by protective or vendor payments for shelter and utility
service only. The caregiver may withdraw this request in
writing at any time;
(3) a caregiver has exhibited a continuing pattern of
mismanaging funds as determined by the county agency;
(4) the vendor payment is part of a sanction under section
256J.46, subdivision 2; or
(5) the vendor payment is required under section 256J.24 or
256J.43.
The director of a county agency must approve a proposal for
protective or vendor payment for money mismanagement. During
the time a protective or vendor payment is being made, the
county agency must provide services designed to alleviate the
causes of the mismanagement.
The continuing need for and method of payment must be
documented and reviewed every 12 months. The director of a
county agency must approve the continuation of protective or
vendor payments.
When it appears that the need for protective or vendor
payments will continue or is likely to continue beyond two years
because the county agency's efforts have not resulted in
sufficiently improved use of assistance on behalf of the minor
child, judicial appointment of a legal guardian or other legal
representative must be sought by the county agency.
Subd. 3. [CHOOSING PAYEES FOR PROTECTIVE OR VENDOR
PAYMENTS.] A county agency shall consult with a caregiver
regarding the selection of the form of payment, the selection of
a protective payee, and the distribution of the assistance
payment to meet the various costs incurred by the assistance
unit. When choosing a protective payee, the county agency shall
notify the caregiver of a consultation date. If the caregiver
fails to respond to the county agency's request for consultation
by the effective date on the notice, the county agency must
choose a protective payee for that payment month and subsequent
payment months until the caregiver responds to the agency's
request for consultation. The county agency must notify the
caregiver of the right to appeal the determination that a
protective or vendor payment should be made or continued and to
appeal the selection of the payee. If a county agency is not
able to find another protective payee, a county agency staff
member may serve as a protective payee. The following persons
may not serve as protective payees: a member of the county
board of commissioners; the county agency staff member
determining financial eligibility for the family; special
investigative or resource staff; the staff member handling
accounting or fiscal processes related to the participant; or a
landlord, grocer, or other vendor dealing directly with the
participant.
Subd. 4. [DISCONTINUING PROTECTIVE OR VENDOR PAYMENTS.] A
county agency shall discontinue protective or vendor payments in
two years or in the month following the county agency's failure
to grant six-month approval to a money management plan,
whichever occurs first. At least once every 12 months, a county
agency shall review the performance of a protective payee acting
under subdivision 2, clause (3), to determine whether a new
payee should be selected. When a participant complains about
the performance of a protective payee, a review shall occur
within 30 calendar days.
Sec. 29. [256J.395] [VENDOR PAYMENT OF RENT AND
UTILITIES.]
(a) Effective July 1, 1997, when a county is required to
provide assistance to a recipient in vendor form for rent and
utilities under chapter 256, 256D, 256J, or 256K, the cost of
utilities for a given family may be assumed to be:
(1) the average of the actual monthly cost of utilities for
that family for the prior 12 months at the family's current
residence, if applicable;
(2) the monthly plan amount, if any, set by the local
utilities for that family at the family's current residence; or
(3) the estimated monthly utility costs for the dwelling in
which the family currently resides.
(b) For purposes of this section, "utility" means any of
the following: municipal water and sewer service; electric,
gas, or heating fuel service; or wood, if that is the heating
source.
(c) In any instance where a vendor payment for rent is
directed to a landlord not legally entitled to the payment, the
county social services agency shall immediately institute
proceedings to collect the amount of the vendored rent payment,
which shall be considered a debt under section 270A.03,
subdivision 5.
Sec. 30. [256J.396] [SUPPORT FROM PARENTS OF MINOR
CAREGIVERS LIVING APART.]
Subdivision 1. [GENERAL PROVISIONS.] A minor caregiver and
the minor's dependent child living outside of the home of the
adult parent must meet the criteria in section 256J.14, to be
eligible for assistance in the MFIP-S program. A parent who
lives outside the home of a minor child who is an unemancipated
minor caregiver of an assistance unit is financially responsible
for that minor caregiver unless the parent is a recipient of
public assistance, SSI, MSA, medical assistance, general
assistance, or general assistance medical care, and a court
order does not otherwise provide a support obligation.
Subd. 2. [AMOUNT OF SUPPORT PAYMENT.] The amount of
support to be paid by a parent, except a parent specified in
subdivision 4, must be determined according to paragraphs (a) to
(f).
(a) A minor caregiver must provide information required by
the county agency to identify the whereabouts of the minor
caregiver's absent parent or parents.
(b) A county agency must notify an absent parent of the
parent's legal responsibility to support a minor caregiver and
shall request that the absent parent provide the following:
(1) the amount of the parent's earned and unearned income
for the previous tax year;
(2) the amount of the parent's earned and unearned income
for the current month;
(3) the number and names of dependents who are claimed or
could be claimed by the parent on federal income tax forms;
(4) the amount of annual medical bills paid by the parent;
(5) the amount of annual housing costs paid by the parent;
(6) the costs for utilities and repairs to the home which
are paid by the parent; and
(7) the amount of annual educational costs for family
members paid by the parent.
(c) When a parent of a minor caregiver does not provide the
information requested under paragraph (b), the county agency
must refer the matter to the county attorney. Assistance to the
minor caregiver must not be denied, delayed, reduced, or ended
because of the lack of cooperation of the minor caregiver's
parent.
(d) When the information requested under paragraph (b) is
received by a county agency, the county agency must compare the
parent's income against the scale set forth below using the
conditions and procedures specified in paragraph (e).
Size of Family Federal Poverty Guideline
1 $ 9,288
2 12,432
3 15,576
4 18,720
5 21,864
For each additional family member add $3,144.
(e) The parent's income is the parent's gross earned income
plus unearned income, determined by the methods in section
256J.21. To determine family size, each person claimed or who
could be claimed by a parent as a dependent on federal income
tax forms, exclusive of the minor caregiver, must be included.
A deduction from income must be allowed for the amount that
medical, educational, and housing costs together exceed 30
percent of the parent's income. When the amount of income,
after the allowable deduction, exceeds the annual income level
in paragraph (d), a parent is liable to pay one-third of the
excess for the annual support of the minor caregiver. These
payments must be paid monthly to the minor caregiver or to the
county agency on behalf of the minor caregiver.
(f) A county agency must notify the parents of the minor
caregiver that they are liable for the amount of support
determined by the county agency as specified in paragraph (e).
When the support payment is received by the minor caregiver, it
must be treated as unearned income of the assistance unit. When
the support payment is not received, or a lesser amount is
received in any payment month, the county agency must refer the
matter to the county attorney.
Subd. 3. [REVIEWS.] A county agency must review financial
responsibility every 12 months until minor caregivers reach the
age of 18 or are otherwise emancipated. When a parent reports a
change in circumstances, the county agency must review the
required amount of payment within ten calendar days.
Subd. 4. [PARENTS UNDER COURT ORDER FOR SUPPORT.] A parent
who is required under an existing court order issued under some
other authority in state or federal law to pay child support for
a minor caregiver is subject to the conditions of that order in
lieu of the requirements and contribution levels in subdivision
2.
Sec. 31. [256J.40] [FAIR HEARINGS.]
Caregivers receiving a notice of intent to sanction or a
notice of adverse action that includes a sanction, reduction in
benefits, suspension of benefits, denial of benefits, or
termination of benefits may request a fair hearing. A request
for a fair hearing must be submitted in writing to the county
agency or to the commissioner and must be mailed within 30 days
after a participant or former participant receives written
notice of the agency's action or within 90 days when a
participant or former participant shows good cause for not
submitting the request within 30 days. A former participant who
receives a notice of adverse action due to an overpayment may
appeal the adverse action according to the requirements in this
section. Issues that may be appealed are:
(1) the amount of the assistance payment;
(2) a suspension, reduction, denial, or termination of
assistance;
(3) the basis for an overpayment, the calculated amount of
an overpayment, and the level of recoupment;
(4) the eligibility for an assistance payment; and
(5) the use of protective or vendor payments under section
256J.39, subdivision 2, clauses (1) to (3).
A county agency must not reduce, suspend, or terminate
payment when an aggrieved participant requests a fair hearing
prior to the effective date of the adverse action or within ten
days of the mailing of the notice of adverse action, whichever
is later, unless the participant requests in writing not to
receive continued assistance pending a hearing decision.
Assistance issued pending a fair hearing is subject to recovery
under section 256J.38 when as a result of the fair hearing
decision the participant is determined ineligible for assistance
or the amount of the assistance received. A county agency may
increase or reduce an assistance payment while an appeal is
pending when the circumstances of the participant change and are
not related to the issue on appeal. The commissioner's order is
binding on a county agency. No additional notice is required to
enforce the commissioner's order.
A county agency shall reimburse appellants for reasonable
and necessary expenses of attendance at the hearing, such as
child care and transportation costs and for the transportation
expenses of the appellant's witnesses and representatives to and
from the hearing. Reasonable and necessary expenses do not
include legal fees. Fair hearings must be conducted at a
reasonable time and date by an impartial referee employed by the
department. The hearing may be conducted by telephone or at a
site that is readily accessible to persons with disabilities.
The appellant may introduce new or additional evidence
relevant to the issues on appeal. Recommendations of the
appeals referee and decisions of the commissioner must be based
on evidence in the hearing record and are not limited to a
review of the county agency action.
Sec. 32. [256J.42] [60-MONTH TIME LIMIT.]
Subdivision 1. [TIME LIMIT.] (a) An assistance unit in
which any adult caregiver has received 60 months of cash
assistance funded in whole or in part by the TANF block grant,
MFIP-S, AFDC, or family general assistance, funded in whole or
in part by state appropriations, is ineligible to receive MFIP-S.
Any cash assistance funded with TANF dollars, or MFIP-S
assistance funded in whole or in part by state appropriations,
that was received by the unit on or after the date TANF was
implemented, including any assistance received in states of
prior residence, counts toward the 60-month limitation. The
60-month limit applies to a minor who is the head of a household
or who is married to the head of a household. The 60-month time
period does not need to be consecutive months for this provision
to apply.
(b) Months before July 1998 in which individuals receive
assistance as part of an MFIP, MFIP-R, or MFIP or MFIP-R
comparison group family under sections 256.031 to 256.0361 or
sections 256.047 to 256.048 are not included in the 60-month
time limit.
Subd. 2. [ASSISTANCE FROM ANOTHER STATE.] An individual
whose needs have been otherwise provided for in another state,
in whole or in part by the TANF block grant during a month, is
ineligible to receive MFIP-S for the month.
Subd. 3. [ADULTS LIVING ON AN INDIAN RESERVATION.] In
determining the number of months for which an adult has received
assistance under MFIP-S, the county agency must disregard any
month during which the adult lived on an Indian reservation if,
during the month:
(1) at least 1,000 individuals were living on the
reservation; and
(2) at least 50 percent of the adults living on the
reservation were unemployed.
Subd. 4. [VICTIMS OF DOMESTIC VIOLENCE.] Any cash
assistance received by an assistance unit in a month when a
caregiver is complying with a safety plan under the MFIP-S
employment and training component does not count toward the
60-month limitation on assistance.
Subd. 5. [EXEMPTION FOR CERTAIN FAMILIES.] (a) Any cash
assistance received by an assistance unit does not count toward
the 60-month limit on assistance during a month in which the
parental caregiver is in the category in section 256J.56, clause
(1). The exemption applies for the period of time the caregiver
belongs to one of the categories specified in this subdivision.
(b) Any cash assistance received by a caregiver who is
complying with the requirements of sections 256J.14 and 256J.54,
if applicable, does not count towards the 60-month limit on
assistance.
Sec. 33. [256J.43] [INTERSTATE PAYMENT STANDARDS.]
(a) Effective July 1, 1997, the amount of assistance paid
to an eligible family in which all members have resided in this
state for fewer than 12 calendar months immediately preceding
the date of application shall be the lesser of either the
payment standard that would have been received by the family
from the state of immediate prior residence, or the amount
calculated in accordance with AFDC or MFIP-S standards. The
lesser payment must continue until the family meets the 12-month
requirement. Payment must be calculated by applying this
state's budgeting policies, and the unit's net income must be
deducted from the payment standard in the other state or in this
state, whichever is lower. Payment shall be made in vendor form
for rent and utilities, up to the limit of the grant amount, and
residual amounts, if any, shall be paid directly to the
assistance unit.
(b) During the first 12 months a family resides in this
state, the number of months that a family is eligible to receive
AFDC or MFIP-S benefits is limited to the number of months the
family would have been eligible to receive similar benefits in
the state of immediate prior residence.
(c) This policy applies whether or not the family received
similar benefits while residing in the state of previous
residence.
(d) When a family moves to this state from another state
where the family has exhausted that state's time limit for
receiving benefits under that state's TANF program, the family
will not be eligible to receive any AFDC or MFIP-S benefits in
this state for 12 months from the date the family moves here.
(e) For the purposes of this section, "state of immediate
prior residence" means:
(1) the state in which the applicant declares the applicant
spent the most time in the 30 days prior to moving to this
state; or
(2) the state in which an applicant who is a migrant worker
maintains a home.
(f) The commissioner shall annually verify and update all
other states' payment standards as they are to be in effect in
July of each year.
(g) Applicants must provide verification of their state of
immediate prior residence, in the form of tax statements, a
driver's license, automobile registration, rent receipts, or
other forms of verification approved by the commissioner.
(h) Migrant workers, as defined in section 256J.08, and
their immediate families are exempt from this section, provided
the migrant worker provides verification that the migrant family
worked in this state within the last 12 months and earned at
least $1,000 in gross wages during the time the migrant worker
worked in this state.
Sec. 34. [256J.44] [INITIAL SCREENING OF MFIP-S
APPLICANT.]
Subdivision 1. [SCREENING.] The county agency, or at
county option, the county's employment and training service
provider as defined in section 256J.49, must screen each
applicant to determine immediate needs and to determine if the
applicant may be eligible for:
(1) another program that is not partially funded through
the federal temporary assistance to needy families block grant
under title I of Public Law Number 104-193, including the
expedited issuance of food stamps under section 256J.28,
subdivision 1. If the applicant may be eligible for another
program, a county caseworker must provide the appropriate
referral to the program;
(2) the diversionary assistance program under section
256J.47; or
(3) the emergency assistance program under section 256J.48.
The applicant is required to attend the screening. If the
applicant is not diverted from applying for MFIP-S under clauses
(1) to (3), and if the applicant meets the MFIP-S eligibility
requirements, then an orientation under section 256J.45 and an
initial assessment under section 256J.52 must be completed; or,
in the case of caregivers who are under the age of 20, a plan
under section 256J.54 must be completed.
Subd. 2. [SUPPORT SERVICES TO ATTEND SCREENING AND
ORIENTATION.] Upon a caregiver's request, the county agency must
arrange for transportation and child care or reimburse
caregivers for transportation and child care expenses necessary
to enable caregivers to attend the initial screening under this
section and orientation under section 256J.51 if scheduled on a
day other than when the caregiver makes application for
assistance.
Sec. 35. [256J.45] [ORIENTATION.]
Subdivision 1. [COUNTY AGENCY TO PROVIDE ORIENTATION.] A
county agency must provide each MFIP-S caregiver with a
face-to-face orientation. The caregiver must attend the
orientation. The county agency must inform the caregiver that
failure to attend the orientation is considered a first
occurrence of noncompliance with program requirements, and will
result in the imposition of a sanction under section 256J.46.
Subd. 2. [GENERAL INFORMATION.] The MFIP-S orientation
must consist of a presentation that informs caregivers of:
(1) the necessity to obtain immediate employment;
(2) the work incentives under MFIP-S;
(3) the requirement to comply with the employment plan and
other requirements of the employment and training services
component of MFIP-S;
(4) the consequences for failing to comply with the
employment plan and other program requirements;
(5) the rights, responsibilities, and obligations of
participants;
(6) the types and locations of child care services
available through the county agency;
(7) the availability and the benefits of the early
childhood health and developmental screening under sections
123.701 to 123.74;
(8) the caregiver's eligibility for transition year child
care assistance under section 119B.05;
(9) the caregiver's eligibility for extended medical
assistance when the caregiver loses eligibility for MFIP-S due
to increased earnings or increased child or spousal support; and
(10) the caregiver's option to choose an employment and
training provider and information about each provider, including
but not limited to, services offered, program components, job
placement rates, job placement wages, and job retention rates.
Sec. 36. [256J.46] [SANCTIONS.]
Subdivision 1. [SANCTIONS FOR PARTICIPANTS NOT COMPLYING
WITH PROGRAM REQUIREMENTS.] (a) A participant who fails without
good cause to comply with the requirements of this chapter, and
who is not subject to sanction under subdivision 2, shall be
subject to a sanction as provided in this subdivision. A
sanction under this subdivision becomes effective ten days after
the required notice is given. For purposes of this subdivision,
each month that a participant fails to comply with a requirement
of this chapter shall be considered a separate occurrence of
noncompliance. A participant who has had one or more sanctions
imposed must remain in compliance with the provisions of this
chapter for six months in order for a subsequent occurrence of
noncompliance to be considered a first occurrence.
(b) Sanctions for noncompliance shall be imposed as follows:
(1) For the first occurrence of noncompliance, the
participant's grant shall be reduced by ten percent of the
applicable transitional standard. The reduction in the grant
amount must be in effect for a minimum of one month, and shall
be removed in the month following the month that the participant
returns to compliance.
(2) For a second or subsequent occurrence of noncompliance,
the participant's rent shall be vendor paid up to the amount of
the MFIP-S grant for which the participant's assistance unit is
eligible. At county option, the participant's utilities may
also be vendor paid up to the amount of the MFIP-S grant
remaining after vendor payment of the participant's rent. The
vendor payment of rent and, if in effect, utilities, must be in
effect for six months from the date that a sanction is imposed
under this clause. The residual amount of the grant after
vendor payment, if any, must be reduced by an amount equal to 30
percent of the applicable transitional standard before the
residual is paid to the participant. The reduction in the grant
amount must be in effect for a minimum of one month, and shall
be removed in the month following the month that the participant
returns to compliance. The vendor payment of rent and, if
applicable, utilities, shall be removed six months after the
month in which the participant returns to compliance.
(c) No later than during the second month that a sanction
under paragraph (b), clause (2) is in effect, the participant's
case file must be reviewed to determine if:
(i) the continued noncompliance can be explained and
mitigated by providing a needed preemployment activity, as
defined in section 256J.49, subdivision 13, clause 16;
(ii) the participant qualifies for a good cause exception
under 256J.57; or
(iii) the participant qualifies for an exemption under
256J.56.
If the lack of an identified activity can explain the
noncompliance, the county must work with the participant to
provide the identified activity, and the county must restore the
participant's grant amount to the full amount for which the
assistance unit is eligible. The grant must be restored
retroactively to the first day of the month in which the
participant was found to lack preemployment activities, or to
qualify for an exemption or good cause exception.
If the participant is found to qualify for a good cause
exception or an exemption, the county must restore the
participant's grant to the full amount for which the assistance
unit is eligible. If the participant's grant is restored under
this paragraph, the vendor payment of rent and if applicable,
utilities, shall be removed six months after the month in which
the sanction was imposed and the county must consider a
subsequent occurrence of noncompliance to be a first occurrence.
Subd. 1a. [TRANSITIONAL RULE; SANCTIONS FOR AFDC, FAMILY
GA, STRIDE, ACCESS, MFIP, OR MFIP-R RECIPIENTS.] For purposes of
determining a sanction under subdivision 1, for the first
occurrence of noncompliance with a provision of this chapter or
with section 256.741, if enacted, a recipient of assistance
under AFDC, family general assistance, STRIDE, ACCESS, MFIP, or
MFIP-R who was under a sanction in the month immediately
preceding the receipt of assistance under MFIP-S shall be
subject to sanction as provided in subdivision 1, paragraph (b),
clause (1). The reduction in grant amount must be in effect for
a minimum of one month. For a second or subsequent occurrence
of noncompliance, the sanction shall be as provided in
subdivision 1, paragraph (b), clause (2).
Subd. 2. [SANCTIONS FOR REFUSAL TO COOPERATE WITH SUPPORT
REQUIREMENTS.] The grant of an MFIP-S caregiver who refuses to
cooperate, as determined by the child support enforcement
agency, with support requirements under section 256.741, if
enacted, shall be subject to sanction as specified in this
subdivision. The assistance unit's grant must be reduced by 25
percent of the applicable transitional standard. The residual
amount of the grant, if any, must be paid to the caregiver. A
sanction under this subdivision becomes effective ten days after
the required notice is given. The sanction must be in effect
for a minimum of one month, and shall be removed only when the
caregiver cooperates with the support requirements.
Subd. 2a. [DUAL SANCTIONS.] (a) Notwithstanding the
provisions of subdivisions 1 and 2, for a participant subject to
a sanction for refusal to comply with child support requirements
under subdivision 2 and subject to a concurrent sanction for
refusal to cooperate with other program requirements under
subdivision 1, sanctions shall be imposed in the manner
prescribed in this subdivision.
A participant who has had one or more sanctions imposed
under this subdivision must remain in compliance with the
provisions of this chapter for six months in order for a
subsequent occurrence of noncompliance to be considered a first
occurrence. Any vendor payment of rent or utilities under this
subdivision must remain in effect for six months after the month
in which the participant is no longer subject to sanction under
subdivision 1.
(b) If the participant was subject to sanction for:
(i) noncompliance under subdivision 1 before being subject
to sanction for noncooperation under subdivision 2; or
(ii) noncooperation under subdivision 2 before being
subject to sanction for noncompliance under subdivision 1;
the participant shall be sanctioned as provided in subdivision
1, paragraph (b), clause (2), and the requirement that the
county conduct a review as specified in subdivision 1, paragraph
(c), remains in effect.
(c) A participant who first becomes subject to sanction
under both subdivisions 1 and 2 in the same month is subject to
sanction as follows:
(i) in the first month of noncompliance and noncooperation,
the participant's grant must be reduced by 25 percent of the
applicable transitional standard, with any residual amount paid
to the participant;
(ii) in the second and subsequent months of noncompliance
and noncooperation, the participant shall be sanctioned as
provided in subdivision 1, paragraph (b), clause (2).
The requirement that the county conduct a review as
specified in subdivision 1, paragraph (c), remains in effect.
(d) A participant remains subject to sanction under
subdivision 2 if the participant:
(i) returns to compliance and is no longer subject to
sanction under subdivision 1; or
(ii) has the sanction under subdivision 1, paragraph (b),
removed upon completion of the review under subdivision 1,
paragraph (c).
A participant remains subject to sanction under subdivision
1, paragraph (b), if the participant cooperates and is no longer
subject to sanction under subdivision 2.
Sec. 37. [256J.47] [DIVERSIONARY ASSISTANCE PROGRAM.]
Subdivision 1. [ELIGIBILITY.] A family is eligible to
receive diversionary assistance once every 36 months if:
(1) a family member has resided in this state for at least
30 days;
(2) the caregiver provides verification that the caregiver
has either experienced an unexpected occurrence that makes it
impossible to retain or obtain employment or the caregiver has a
temporary loss of income, which is not due to refusing to accept
or terminating suitable employment as defined in section
256J.49, without good cause under section 256J.57, resulting in
an emergency;
(3) the caregiver is at risk of MFIP-S eligibility if
diversionary assistance is not provided and household income is
below 140 percent of the federal poverty guidelines; and
(4) the diversionary assistance will resolve the emergency
and divert the family from applying for MFIP-S.
For purposes of this section, diversionary assistance means
a one-time lump-sum payment to an individual or third-party
vendor to prevent long-term receipt of public assistance.
Subd. 2. [COUNTY AGENCY DUTIES.] County agencies shall:
(1) thoroughly explain to the caregiver the consequences of
receiving diversionary assistance, specifically the resulting
period of ineligibility under subdivision 4 for other assistance
programs; and
(2) determine eligibility for diversionary assistance
within five working days of the receipt of the verification that
substantiates eligibility or ineligibility. Verification means
client declaration and the best determination of the county
agency.
Subd. 3. [MAXIMUM AMOUNT OF ASSISTANCE.] The maximum
amount of diversionary assistance that may be provided to a
family is equal to the amount of the MFIP-S transitional
standard for the same family size and composition for four
months. The assistance provided under this program must be
based on the immediate needs of the family. Counties must
strive to provide the most cost-effective solution to the
one-time emergency. Diversionary assistance is not cost
effective if the family's anticipated income added to the
diversion payment will not be sufficient to cover the family's
immediate needs for the period of ineligibility under
subdivision 4, beginning with the month of application, or
another emergency can reasonably be anticipated within the
period of ineligibility.
Subd. 4. [INELIGIBILITY FOR MFIP-S; EMERGENCY ASSISTANCE;
AND EMERGENCY GENERAL ASSISTANCE.] Upon receipt of diversionary
assistance, the family is ineligible for MFIP-S, emergency
assistance, and emergency general assistance for a period of
time. To determine the period of ineligibility, the county
shall use the following formula: regardless of household
changes, the county agency must calculate the number of days of
ineligibility by dividing the diversionary assistance issued by
the transitional standard a family of the same size and
composition would have received under MFIP-S, multiplied by 30,
truncating the result. The ineligibility period begins the date
the diversionary assistance is issued.
Subd. 5. [DIVERSIONARY ASSISTANCE GRANT; FUNDING.] The
commissioner shall distribute diversionary assistance grants to
counties. The commissioner may use federal block grant funding
or state funding for the grants.
Sec. 38. [256J.48] [EMERGENCY ASSISTANCE (EA).]
Subdivision 1. [EMERGENCY FINANCIAL ASSISTANCE.] County
human service agencies shall grant emergency financial
assistance to any needy pregnant woman or needy family with a
child under the age of 21 who is or was within six months prior
to application living with an eligible caregiver relative
specified in section 256J.08.
Except for ongoing special diets, emergency assistance is
available to a family during one 30-day period in a consecutive
12-month period. A county shall issue assistance for needs that
accrue before that 30-day period only when it is necessary to
resolve emergencies arising or continuing during the 30-day
period of eligibility. When emergency needs continue, a county
may issue assistance for up to 30 days beyond the initial 30-day
period of eligibility, but only when assistance is authorized
during the initial period.
Subd. 2. [ELIGIBILITY.] Notwithstanding other eligibility
provisions of this chapter, any family without resources
immediately available to meet emergency needs identified in
subdivision 3 shall be eligible for an emergency grant under the
following conditions:
(1) a family member has resided in this state for at least
30 days;
(2) the family is without resources immediately available
to meet emergency needs;
(3) assistance is necessary to avoid destitution or provide
emergency shelter arrangements; and
(4) the family's destitution or need for shelter or
utilities did not arise because the child or relative caregiver
refused without good cause under section 256J.57 to accept
employment or training for employment in this state or another
state.
Subd. 3. [EMERGENCY NEEDS.] Emergency needs are limited to
the following:
(a) [RENT.] A county agency may deny assistance to prevent
eviction from rented or leased shelter of an otherwise eligible
applicant when the county agency determines that an applicant's
anticipated income will not cover continued payment for shelter,
subject to conditions in clauses (1) to (3):
(1) a county agency must not deny assistance when an
applicant can document that the applicant is unable to locate
habitable shelter, unless the county agency can document that
one or more habitable shelters are available in the community
that will result in at least a 20 percent reduction in monthly
expense for shelter and that this shelter will be cost-effective
for the applicant;
(2) when no alternative shelter can be identified by either
the applicant or the county agency, the county agency shall not
deny assistance because anticipated income will not cover rental
obligation; and
(3) when cost-effective alternative shelter is identified,
the county agency shall issue assistance for moving expenses as
provided in paragraph (d).
(b) [DEFINITIONS.] For purposes of paragraph (a), the
following definitions apply (1) "metropolitan statistical area"
is as defined by the U.S. Census Bureau; (2) "alternative
shelter" includes any shelter that is located within the
metropolitan statistical area containing the county and for
which the applicant is eligible, provided the applicant does not
have to travel more than 20 miles to reach the shelter and has
access to transportation to the shelter. Clause (2) does not
apply to counties in the Minneapolis-St. Paul metropolitan
statistical area.
(c) [MORTGAGE AND CONTRACT FOR DEED ARREARAGES.] A county
agency shall issue assistance for mortgage or contract for deed
arrearages on behalf of an otherwise eligible applicant
according to clauses (1) to (4):
(1) assistance for arrearages must be issued only when a
home is owned, occupied, and maintained by the applicant;
(2) assistance for arrearages must be issued only when no
subsequent foreclosure action is expected within the 12 months
following the issuance;
(3) assistance for arrearages must be issued only when an
applicant has been refused refinancing through a bank or other
lending institution and the amount payable, when combined with
any payments made by the applicant, will be accepted by the
creditor as full payment of the arrearage;
(4) costs paid by a family which are counted toward the
payment requirements in this clause are: principle and interest
payments on mortgages or contracts for deed, balloon payments,
homeowner's insurance payments, manufactured home lot rental
payments, and tax or special assessment payments related to the
homestead. Costs which are not counted include closing costs
related to the sale or purchase of real property.
To be eligible for assistance for costs specified in clause
(4) which are outstanding at the time of foreclosure, an
applicant must have paid at least 40 percent of the family's
gross income toward these costs in the month of application and
the 11-month period immediately preceding the month of
application.
When an applicant is eligible under clause (4), a county
agency shall issue assistance up to a maximum of four times the
MFIP-S transitional standard for a comparable assistance unit.
(d) [DAMAGE OR UTILITY DEPOSITS.] A county agency shall
issue assistance for damage or utility deposits when necessary
to alleviate the emergency. The county may require that
assistance paid in the form of a damage deposit or a utility
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 under 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 be 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.
(e) [MOVING EXPENSES.] A county agency shall issue
assistance for expenses incurred when a family must move to a
different shelter according to clauses (1) to (4):
(1) moving expenses include the cost to transport personal
property belonging to a family, the cost for utility connection,
and the cost for securing different shelter;
(2) moving expenses must be paid only when the county
agency determines that a move is cost-effective;
(3) moving expenses must be paid at the request of an
applicant, but only when destitution or threatened destitution
exists; and
(4) moving expenses must be paid when a county agency
denies assistance to prevent an eviction because the county
agency has determined that an applicant's anticipated income
will not cover continued shelter obligation in paragraph (a).
(f) [HOME REPAIRS.] A county agency shall pay for repairs
to the roof, foundation, wiring, heating system, chimney, and
water and sewer system of a home that is owned and lived in by
an applicant.
The applicant shall document, and the county agency shall
verify the need for and method of repair.
The payment must be cost-effective in relation to the
overall condition of the home and in relation to the cost and
availability of alternative housing.
(g) [UTILITY COSTS.] Assistance for utility costs must be
made when an otherwise eligible family has had a termination or
is threatened with a termination of municipal water and sewer
service, electric, gas or heating fuel service, or lacks wood
when that is the heating source, subject to the conditions in
clauses (1) and (2):
(1) a county agency must not issue assistance unless the
county agency receives confirmation from the utility provider
that assistance combined with payment by the applicant will
continue or restore the utility; and
(2) a county agency shall not issue assistance for utility
costs unless a family paid at least eight percent of the
family's gross income toward utility costs due during the
preceding 12 months.
Clauses (1) and (2) must not be construed to prevent the
issuance of assistance when a county agency must take immediate
and temporary action necessary to protect the life or health of
a child.
(h) [SPECIAL DIETS.] A county shall pay for special diets
or dietary items. The need for special diets or dietary items
must be prescribed by a licensed physician. Costs for special
diets shall be determined as percentages of the allotment for a
one-person household under the Thrifty Food Plan as defined by
the United States Department of Agriculture. The types of diets
and the percentages of the Thrifty Food Plan that are covered
are as follows:
(1) high protein diet, at least 80 grams daily, 25 percent
of Thrifty Food Plan;
(2) controlled protein diet, 40 to 60 grams and requires
special products, 100 percent of Thrifty Food Plan;
(3) controlled protein diet, less than 40 grams and
requires special products, 125 percent of Thrifty Food Plan;
(4) low cholesterol diet, 25 percent of Thrifty Food Plan;
(5) high residue diet, 20 percent of Thrifty Food Plan;
(6) pregnancy and lactation diet, 35 percent of Thrifty
Food Plan;
(7) gluten-free diet, 25 percent of Thrifty Food Plan;
(8) lactose-free diet, 25 percent of Thrifty Food Plan;
(9) antidumping diet, 15 percent of Thrifty Food Plan;
(10) hypoglycemic diet, 15 percent of Thrifty Food Plan; or
(11) ketogenic diet, 25 percent of Thrifty Food Plan.
Subd. 4. [VENDOR PAYMENTS FOR SHELTER OR UTILITY
COSTS.] An ongoing MFIP-S grant may, at county board option, be
in the form of vendor payments if application for emergency
assistance is for shelter or utility costs.
Sec. 39. [256J.49] [EMPLOYMENT AND TRAINING SERVICES;
DEFINITIONS.]
Subdivision 1. [SCOPE.] The terms used in sections 256J.50
to 256J.72 have the meanings given them in this section.
Subd. 2. [DOMESTIC VIOLENCE.] "Domestic violence" means:
(1) physical acts that result, or threaten to result in,
physical injury to an individual;
(2) sexual abuse;
(3) sexual activity involving a minor child;
(4) being forced as the caregiver of a minor child to
engage in nonconsensual sexual acts or activities;
(5) threats of, or attempts at, physical or sexual abuse;
(6) mental abuse; or
(7) neglect or deprivation of medical care.
Subd. 3. [EMPLOYMENT AND TRAINING SERVICES.] "Employment
and training services" means programs, activities and services
that are designed to assist participants in obtaining and
retaining employment.
Subd. 4. [EMPLOYMENT AND TRAINING SERVICE
PROVIDER.] "Employment and training service provider" means:
(1) a public, private, or nonprofit employment and training
agency certified by the commissioner of economic security under
sections 268.0122, subdivision 3, and 268.871, subdivision 1, or
is approved under section 256J.51 and is included in the county
plan submitted under section 256J.50, subdivision 7;
(2) a public, private, or nonprofit agency that is not
certified by the commissioner under clause (1), but with which a
county has contracted to provide employment and training
services and which is included in the county's plan submitted
under section 256J.50, subdivision 7; or
(3) a county agency, if the county has opted to provide
employment and training services and the county has indicated
that fact in the plan submitted under section 256J.50,
subdivision 7.
Notwithstanding section 268.871, an employment and training
services provider meeting this definition may deliver employment
and training services under this chapter.
Subd. 5. [EMPLOYMENT PLAN.] "Employment plan" means a plan
developed by the job counselor and the participant which
identifies the participant's most direct path to unsubsidized
employment, lists the specific steps that the caregiver will
take on that path, and includes a timetable for the completion
of each step.
Subd. 6. [FEDERAL PARTICIPATION STANDARDS.] "Federal
participation standards" means the work participation standards
as specified in title I of Public Law No. 104-193, the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996.
Subd. 7. [INTENSIVE ENGLISH AS A SECOND LANGUAGE
PROGRAM.] "Intensive English as a second language program" means
an English as a second language program that offers at least 20
hours of class per week.
Subd. 8. [JOB COUNSELOR.] "Job counselor" means a staff
person employed by or under contract with the employment and
training services provider who delivers services as specified in
sections 256J.50 to 256J.55.
Subd. 9. [PARTICIPANT.] "Participant" means a recipient of
MFIP-S assistance who participates or is required to participate
in employment and training services.
Subd. 10. [PROVIDER.] "Provider" means an employment and
training service provider.
Subd. 11. [SAFETY PLAN.] "Safety plan" means a plan
developed by a victim of domestic violence or a person
continuing to be at risk of domestic violence with the
assistance of a public agency or a private nonprofit agency,
including agencies that receive designation by the department of
corrections to provide emergency shelter services or support
services under section 611A.32. A safety plan shall not include
a provision that automatically requires a domestic violence
victim to seek an order of protection, or to attend counseling,
as part of the safety plan.
Subd. 12. [SUITABLE EMPLOYMENT.] "Suitable employment"
means employment that:
(1) is within the participant's physical and mental
abilities;
(2) pays hourly gross wages of not less than the applicable
state or federal minimum wage;
(3) meets health and safety standards set by federal, state
and county agencies; and
(4) complies with federal, state, and local
antidiscrimination laws.
Subd. 13. [WORK ACTIVITY.] "Work activity" means any
activity in a participant's approved employment plan that is
tied to the participant's employment goal. For purposes of the
MFIP-S program, any activity that is included in a participant's
approved employment plan meets the definition of work activity
as counted under the federal participation standards. Work
activity includes, but is not limited to:
(1) unsubsidized employment;
(2) subsidized private sector or public sector employment,
including grant diversion as specified in section 256J.69;
(3) work experience, including CWEP as specified in section
256J.67, and including work associated with the refurbishing of
publicly assisted housing if sufficient private sector
employment is not available;
(4) on-the-job training as specified in section 256J.66;
(5) job search, either supervised or unsupervised;
(6) job readiness assistance;
(7) job clubs, including job search workshops;
(8) job placement;
(9) job development;
(10) job-related counseling;
(11) job coaching;
(12) job retention services;
(13) job-specific training or education ;
(14) job skills training directly related to employment;
(15) the self-employment investment demonstration (SEID),
as specified in section 256J.65;
(16) preemployment activities, based on availability and
resources, such as volunteer work, literacy programs and related
activities, citizenship and English as a second language
classes, or participation in dislocated worker services,
chemical dependency treatment, mental health services, peer
group networks, displaced homemaker programs, strength-based
resiliency training, parenting education, or other programs
designed to help families reach their employment goals and
enhance their ability to care for their children;
(17) community service programs;
(18) vocational educational training or educational
programs that can reasonably be expected to lead to employment,
as limited by the provisions of section 256J.53;
(19) apprenticeships;
(20) satisfactory attendance in general educational
development diploma classes or an adult diploma program;
(21) satisfactory attendance at secondary school, if the
participant has not received a high school diploma;
(22) adult basic education classes;
(23) internships;
(24) bilingual employment and training services;
(25) providing child care services to a participant who is
working in a community service program; and
(26) activities included in a safety plan that is developed
under section 256J.52, subdivision 6.
Sec. 40. [256J.50] [COUNTY DUTIES.]
Subdivision 1. [EMPLOYMENT AND TRAINING SERVICES COMPONENT
OF MFIP-S.] (a) By January 1, 1998, each county must develop and
implement an employment and training services component of
MFIP-S which is designed to put participants on the most direct
path to unsubsidized employment. Participation in these
services is mandatory for all MFIP-S caregivers, unless the
caregiver is exempt under section 256J.56.
(b) A county may provide employment and training services
to MFIP-S caregivers who are exempt from the employment and
training services component but volunteer for the services.
Subd. 2. [PILOT PROGRAMS.] In counties selected for the
work first or work focused pilot programs, first-time applicants
for assistance must meet the requirements of those programs in
place of the requirements of the MFIP-S program. A county may,
at its option, discontinue a work first or work focused pilot
program.
Subd. 3. [TRANSITIONAL RULE; MFIP OR MFIP-R
PARTICIPANT.] A caregiver who was enrolled in MFIP or MFIP-R on
the date the county implements the employment and training
services component of MFIP-S and was making satisfactory
progress toward the objectives specified in the caregiver's
employment plan, may continue with the existing employment plan
for up to two years with the approval of a job counselor. The
job counselor may require changes to the plan in order to be
consistent with this two-year time limit.
Subd. 3a. [TRANSITIONAL RULE; STRIDE, ACCESS.] (a) A
county agency that is not a participant in the MFIP or MFIP-R
field trials under sections 256.031 to 256.0361 shall not enroll
a recipient into project STRIDE or ACCESS after the date that
MFIP-S is implemented in the county.
(b) A caregiver who:
(i) was enrolled in project STRIDE or ACCESS continuously
since March 1, 1997;
(ii) is not a part of an MFIP or MFIP-R comparison group;
and
(iii) who is making satisfactory progress toward the
objectives specified in the caregiver's employment plan, may,
with the approval of the job counselor, continue with the
existing employment plan for up to two years after the caregiver
is enrolled in MFIP-S. For purposes of the federal
participation standards, the activities in the caregiver's
employment plan are work activities, as that term is defined in
section 256J.49, subdivision 13.
(c) Notwithstanding contrary provisions of section 256.736,
the employability plan of a caregiver who is enrolled in project
STRIDE or ACCESS on or after July 1, 1997, must meet the
requirements of section 256J.53.
Subd. 4. [SERVICE PROVIDING AGENCIES.] Unless the
provisions of subdivision 8 apply, a county must select at least
two employment and training service providers. A county may opt
to provide services on its own as one of these providers.
Subd. 5. [PARTICIPATION REQUIREMENTS FOR SINGLE-PARENT AND
TWO-PARENT CASES.] A county must establish a uniform schedule
for requiring participation by single parents. Mandatory
participation must be required within six months of eligibility
for cash assistance. For two-parent cases, participation is
required concurrent with the receipt of MFIP-S cash assistance.
Subd. 6. [EXPLANATORY MATERIALS REQUIRED.] The county must:
(1) explain to applicants and recipients and provide
explanatory materials regarding the relationship between the
60-month time limit on assistance funded with TANF dollars and
the receipt of various benefits, including cash assistance, food
stamps, medical assistance, and child care assistance; and
(2) provide assistance to applicants and recipients to
enable them to minimize the use of their 60 allowable months of
TANF-funded assistance.
Subd. 7. [LOCAL SERVICE UNIT PLAN.] Each local or county
service unit shall prepare and submit a plan as specified in
section 268.88.
Subd. 8. [COUNTY DUTY TO ENSURE EMPLOYMENT AND TRAINING
CHOICES FOR PARTICIPANTS.] Each county, or group of counties
working cooperatively, shall make available to participants the
choice of at least two employment and training service providers
as defined under section 256J.49, subdivision 4, except in
counties utilizing workforce centers that use multiple
employment and training services, offer multiple services
options under a collaborative effort and can document that
participants have choice among employment and training services
designed to meet specialized needs.
Subd. 9. [EXCEPTION; FINANCIAL HARDSHIP.] Notwithstanding
subdivision 8, a county that explains in the plan required under
subdivision 7 that the provision of alternative employment and
training service providers would result in financial hardship
for the county is not required to make available more than one
employment and training provider.
Sec. 41. [256J.51] [EMPLOYMENT AND TRAINING SERVICE
PROVIDER; ALTERNATE APPROVAL PROCESS.]
Subdivision 1. [PROVIDER APPLICATION.] An employment and
training service provider that is not included in a county's
plan under section 256J.50, subdivision 7, because the county
has demonstrated financial hardship under subdivision 9 of that
section, may appeal its exclusion to the commissioner of
economic security under this section.
Subd. 2. [APPEAL; ALTERNATE APPROVAL.] (a) An employment
and training service provider that is not included by a county
agency in the plan under section 256J.50, subdivision 7, and
that meets the criteria in paragraph (b), may appeal its
exclusion to the commissioner of economic security, and may
request alternative approval by the commissioner of economic
security to provide services in the county.
(b) An employment and training services provider that is
requesting alternative approval must demonstrate to the
commissioner that the provider meets the standards specified in
section 268.871, subdivision 1, paragraph (b), except that the
provider's past experience may be in services and programs
similar to those specified in section 268.871, subdivision 1,
paragraph (b).
Subd. 3. [COMMISSIONER'S REVIEW.] (a) The commissioner
must act on a request for alternative approval under this
section within 30 days of the receipt of the request. If after
reviewing the provider's request, and the county's plan
submitted under section 256J.50, subdivision 7, the commissioner
determines that the provider meets the criteria under
subdivision 2, paragraph (b), and that approval of the provider
would not cause financial hardship to the county, the county
must submit a revised plan under subdivision 4 that includes the
approved provider.
(b) If the commissioner determines that the approval of the
provider would cause financial hardship to the county, the
commissioner must notify the provider and the county of this
determination. The alternate approval process under this
section shall be closed to other requests for alternate approval
to provide employment and training services in the county for up
to 12 months from the date that the commissioner makes a
determination under this paragraph.
Subd. 4. [REVISED PLAN REQUIRED.] The commissioner of
economic security must notify the county agency when the
commissioner grants an alternative approval to an employment and
training service provider under subdivision 2. Upon receipt of
the notice, the county agency must submit a revised plan under
section 256J.50, subdivision 7, that includes the approved
provider. The county has 90 days from the receipt of the
commissioner's notice to submit the revised plan.
Subd. 5. [REVIEW NOT REQUIRED.] Notwithstanding
subdivision 3, once a county meets the requirements of section
256J.50, subdivision 8, the commissioner may, but is not
required to, act on a request by an employment and training
services provider for alternative approval in that county.
Sec. 42. [256J.515] [OVERVIEW OF EMPLOYMENT AND TRAINING
SERVICES.]
During the first meeting with participants, job counselors
must ensure that an overview of employment and training services
is provided that stresses the necessity and opportunity of
immediate employment, outlines the job search resources offered,
explains the requirements to comply with an employment plan and
the consequences for failing to comply, and explains the
services that are available to support job search and work.
Sec. 43. [256J.52] [ASSESSMENTS; PLANS.]
Subdivision 1. [APPLICATION LIMITED TO CERTAIN
PARTICIPANTS.] This section applies to participants receiving
MFIP-S assistance who are not exempt under section 256J.56, and
to caregivers who volunteer for employment and training services
under section 256J.50.
Subd. 2. [INITIAL ASSESSMENT.] (a) The job counselor must,
with the cooperation of the participant, assess the
participant's ability to obtain and retain employment. This
initial assessment must include a review of the participant's
education level, prior employment or work experience,
transferable work skills, and existing job markets.
(b) In assessing the participant, the job counselor must
determine if the participant needs refresher courses for
professional certification or licensure, in which case, the job
search plan under subdivision 3 must include the courses
necessary to obtain the certification or licensure, in addition
to other work activities, provided the combination of the
courses and other work activities are at least for 40 hours per
week.
(c) If a participant can demonstrate to the satisfaction of
the county agency that lack of proficiency in English is a
barrier to obtaining suitable employment, the job counselor must
include participation in an intensive English as a second
language program if available or otherwise a regular English as
a second language program in the individual's employment plan
under subdivision 5. Lack of proficiency in English is not
necessarily a barrier to employment.
(d) The job counselor may approve an education or training
plan, and postpone the job search requirement, if the
participant has a proposal for an education program which:
(1) can be completed within 12 months;
(2) meets the criteria of section 256J.53, subdivisions 2,
3, and 5; and
(3) is likely, without additional training, to lead to
monthly employment earnings which, after subtraction of the
earnings disregard under section 256J.21, equal or exceed the
family wage level for the participant's assistance unit.
(e) A participant who, at the time of the initial
assessment, presents a plan that includes farming as a
self-employed work activity must have an employment plan
developed under subdivision 5 that includes the farming as an
approved work activity.
Subd. 3. [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If,
after the initial assessment, the job counselor determines that
the participant possesses sufficient skills that the participant
is likely to succeed in obtaining suitable employment, the
participant must conduct job search for a period of up to eight
weeks, for at least 30 hours per week. The participant must
accept any offer of suitable employment. The job counselor and
participant must develop a job search support plan which
specifies, at a minimum: whether the job search is to be
supervised or unsupervised; support services that will be
provided while the participant conducts job search activities;
the courses necessary to obtain certification or licensure, if
applicable, and after obtaining the license or certificate, the
client must comply with subdivision 5; and how frequently the
participant must report to the job counselor on the status of
the participant's job search activities.
(b) During the eight-week job search period, either the job
counselor or the participant may request a review of the
participant's job search plan and progress towards obtaining
suitable employment. If a review is requested by the
participant, the job counselor must concur that the review is
appropriate for the participant at that time. If a review is
conducted, the job counselor may make a determination to conduct
a secondary assessment prior to the conclusion of the job search.
(c) Failure to conduct the required job search, to accept
any offer of suitable employment, to develop or comply with a
job search support plan, or voluntarily quitting suitable
employment without good cause results in the imposition of a
sanction under section 256J.46. If at the end of eight weeks
the participant has not obtained suitable employment, the job
counselor must conduct a secondary assessment of the participant
under subdivision 3.
Subd. 4. [SECONDARY ASSESSMENT.] (a) The job counselor
must conduct a secondary assessment for those participants who:
(1) in the judgment of the job counselor, have barriers to
obtaining employment that will not be overcome with a job search
support plan under subdivision 3;
(2) have completed eight weeks of job search under
subdivision 3 without obtaining suitable employment; or
(3) have not received a secondary assessment, are working
at least 20 hours per week, and the participant, job counselor,
or county agency requests a secondary assessment.
(b) In the secondary assessment the job counselor must
evaluate the participant's skills and prior work experience,
family circumstances, interests and abilities, need for
preemployment activities, supportive, or educational services,
and the extent of any barriers to employment. The job counselor
must use the information gathered through the secondary
assessment to develop an employment plan under subdivision 5.
Subd. 5. [EMPLOYMENT PLAN; CONTENTS.] Based on the
secondary assessment under subdivision 4, the job counselor and
the participant must develop an employment plan for the
participant that includes specific activities that are tied to
an employment goal and a plan for long-term self-sufficiency,
and that is designed to move the participant along the most
direct path to unsubsidized employment. The employment plan
must list the specific steps that will be taken to obtain
employment and a timetable for completion of each of the steps.
The job counselor and the participant must sign the developed
plan to indicate agreement between the job counselor and the
participant on the contents of the plan.
Subd. 6. [SAFETY PLAN.] Notwithstanding subdivisions 1 to
5, a participant who is a victim of domestic violence and who
agrees to develop or has developed a safety plan meeting the
definition under section 256J.49, subdivision 11, is deferred
from the requirements of this section, section 256J.54, and
section 256J.55 for a period of three months from the date the
safety plan is approved. A participant deferred under this
subdivision must submit a safety plan status report to the
county agency on a quarterly basis. Based on a review of the
status report, the county agency may approve or renew the
participant's deferral each quarter, provided the personal
safety of the participant is still at risk and the participant
is complying with the plan. A participant who is deferred under
this subdivision may be deferred for a total of 12 months under
a safety plan, provided the individual is complying with the
terms of the plan.
Subd. 7. [REVISION OF PLAN.] If the employee has lost or
quit a job with good cause, the job counselor must ascertain the
reason for the job loss and work with the participant to amend
the job search support plan or employment plan, whichever is in
effect, as necessary to address the problem. If a job search
support plan is in effect, the participant, county agency, or
job counselor may request a secondary assessment at this time.
Sec. 44. [256J.53] [POST-SECONDARY EDUCATION; LIMITATIONS
ON APPROVAL, JOB SEARCH REQUIREMENT.]
Subdivision 1. [LENGTH OF PROGRAM.] In order for a
post-secondary education or training program to be approved work
activity as defined in section 256J.49, subdivision 13, clause
(18), it must be a program lasting 12 months or less, and the
participant must meet the requirements of subdivisions 2 and 3.
A program lasting up to 24 months may be approved on an
exception basis if the conditions specified in subdivisions 2 to
4 are met. A participant may not be approved for more than a
total of 24 months of post-secondary education or training.
Subd. 2. [DOCUMENTATION SUPPORTING PROGRAM.] In order for
a post-secondary education or training program to be an approved
activity in a participant's employment plan, the participant or
the employment and training service provider must provide
documentation that:
(1) the participant's employment plan identifies specific
goals that can only be met with the additional education or
training;
(2) there are suitable employment opportunities that
requires the specific education or training in the area in which
the participant resides or is willing to reside;
(3) the education or training will result in significantly
higher wages for the participant than the participant could earn
without the education or training;
(4) the participant can meet the requirements for admission
into the program; and
(5) there is a reasonable expectation that the participant
will complete the training program based on such factors as the
participant's MFIP-S assessment, previous education, training,
and work history; current motivation; and changes in previous
circumstances.
Subd. 3. [SATISFACTORY PROGRESS REQUIRED.] In order for a
post-secondary education or training program to be an approved
activity in a participant's employment plan, the participant
must maintain satisfactory progress in the program.
"Satisfactory progress" in an education or training program
means (1) the participant remains in good standing while the
participant is enrolled in the program, as defined by the
education or training institution, or (2) the participant makes
satisfactory progress as the term is defined in the
participant's employment plan.
Subd. 4. [REPAYMENT OF EMPLOYMENT AND TRAINING
ASSISTANCE.] In order for a post-secondary education or training
program lasting between 13 and 24 months to be an approved
activity in a participant's employment plan, the participant
must agree to repay the amount of employment and training funds
paid by the county to support the individual's participation in
each month of an education or training program after the 12th
month of the program. Assistance obtained by the participant
through the federal Pell grant program or other federal or state
programs of higher education assistance must be excluded from
the amount to be repaid by the participant. The participant and
the county agency must develop a mutually acceptable repayment
plan. The repayment plan must not assess any interest charges
on the cost of the funds to be repaid. The loan is considered
to be in repayment status when:
(1) the participant completes the program and obtains
suitable employment that pays annual gross wages of at least 150
percent of the federal poverty level; or
(2) the participant leaves the program before completion of
the program and obtains suitable employment that pays annual
gross wages of at least 150 percent of the federal poverty level.
Subd. 5. [JOB SEARCH AFTER COMPLETION OF WORK
ACTIVITY.] If a participant's employment plan includes a
post-secondary educational or training program, the plan must
include an anticipated completion date for those activities. At
the time the education or training is completed, the participant
must participate in job search. If, after three months of job
search, the participant does not find a job that is consistent
with the participant's employment goal, the participant must
accept any offer of suitable employment.
Sec. 45. [256J.54] [MINOR PARENTS; EMPLOYMENT PLAN.]
Subdivision 1. [ASSESSMENT OF EDUCATIONAL PROGRESS AND
NEEDS.] The county agency must document the educational level of
each MFIP-S caregiver who is under the age of 20 and determine
if the caregiver has obtained a high school diploma or its
equivalent. If the caregiver has not obtained a high school
diploma or its equivalent, and is not exempt from the
requirement to attend school under subdivision 5, the county
agency must complete an individual assessment for the
caregiver. The assessment must be performed as soon as possible
but within 30 days of determining MFIP-S eligibility for the
caregiver. The assessment must provide an initial examination
of the caregiver's educational progress and needs, literacy
level, child care and supportive service needs, family
circumstances, skills, and work experience. In the case of a
caregiver under the age of 18, the assessment must also consider
the results of either the caregiver's or the caregiver's minor
child's child and teen checkup under Minnesota Rules, parts
9505.0275 and 9505.1693 to 9505.1748, if available, and the
effect of a child's development and educational needs on the
caregiver's ability to participate in the program. The county
agency must advise the caregiver that the caregiver's first goal
must be to complete an appropriate educational option if one is
identified for the caregiver through the assessment and, in
consultation with educational agencies, must review the various
school completion options with the caregiver and assist in
selecting the most appropriate option.
Subd. 2. [RESPONSIBILITY FOR ASSESSMENT AND EMPLOYMENT
PLAN.] For caregivers who are under age 18, the assessment under
subdivision 1 and the employment plan under subdivision 3 must
be completed by the social services agency under section
257.33. For caregivers who are age 18 or 19, the assessment
under subdivision 1 and the employment plan under subdivision 3
must be completed by the job counselor. The social services
agency or the job counselor shall consult with representatives
of educational agencies that are required to assist in
developing educational plans under section 126.235.
Subd. 3. [EDUCATIONAL OPTION DEVELOPED.] If the job
counselor or county social services agency identifies an
appropriate educational option, it must develop an employment
plan which reflects the identified option. The plan must
specify that participation in an educational activity is
required, what school or educational program is most
appropriate, the services that will be provided, the activities
the caregiver will take part in, including child care and
supportive services, the consequences to the caregiver for
failing to participate or comply with the specified
requirements, and the right to appeal any adverse action. The
employment plan must, to the extent possible, reflect the
preferences of the caregiver.
Subd. 4. [NO APPROPRIATE EDUCATIONAL OPTION.] If the job
counselor determines that there is no appropriate educational
option for a caregiver who is age 18 or 19, the job counselor
must develop an employment plan, as defined in section 256J.49,
subdivision 5, for the caregiver. If the county social services
agency determines that school attendance is not appropriate for
a caregiver under age 18, the county agency shall refer the
caregiver to social services for services as provided in section
257.33.
Subd. 5. [SCHOOL ATTENDANCE REQUIRED.] (a) Notwithstanding
the provisions of section 256J.56, minor parents, or 18- or
19-year-old parents without a high school diploma or its
equivalent must attend school unless:
(1) transportation services needed to enable the caregiver
to attend school are not available;
(2) appropriate child care services needed to enable the
caregiver to attend school are not available;
(3) the caregiver is ill or incapacitated seriously enough
to prevent attendance at school; or
(4) the caregiver is needed in the home because of the
illness or incapacity of another member of the household. This
includes a caregiver of a child who is younger than six weeks of
age.
(b) The caregiver must be enrolled in a secondary school
and meeting the school's attendance requirements. An enrolled
caregiver is considered to be meeting the attendance
requirements when the school is not in regular session,
including during holiday and summer breaks.
Sec. 46. [256J.55] [PARTICIPANT REQUIREMENTS, RIGHTS, AND
EXPECTATIONS.]
Subdivision 1. [COMPLIANCE WITH JOB SEARCH OR EMPLOYMENT
PLAN; SUITABLE EMPLOYMENT.] (a) Each MFIP-S participant must
comply with the terms of the participant's job search support
plan or employment plan. When the participant has completed the
steps listed in the employment plan, the participant must comply
with section 256J.53, subdivision 5, if applicable, and then the
participant must not refuse any offer of suitable employment.
The participant may choose to accept an offer of suitable
employment before the participant has completed the steps of the
employment plan.
(b) For a participant under the age of 20 who is without a
high school diploma or general educational development diploma,
the requirement to comply with the terms of the employment plan
means the participant must meet the requirements of section
256J.54.
(c) Failure to develop or comply with a job search support
plan or an employment plan, or quitting suitable employment
without good cause, shall result in the imposition of a sanction
as specified in sections 256J.57 and 256J.46.
Subd. 2. [DUTY TO REPORT.] The participant must inform the
job counselor within three working days regarding any changes
related to the participant's employment status.
Subd. 3. [MOVE TO A DIFFERENT COUNTY.] MFIP-S applicants
or recipients who move to a different county in Minnesota and
are required to participate in employment and training services
are subject to the requirements of the destination county. An
employment plan that was developed in the county of origin may
be continued in the destination county if both the destination
county and the participant agree to do so.
Subd. 4. [CHOICE OF PROVIDER.] A participant must be able
to choose from at least two employment and training service
providers, unless the county has demonstrated to the
commissioner that the provision of multiple employment and
training service providers would result in financial hardship
for the county, or the county is utilizing a workforce center as
specified in section 256J.50, subdivision 8.
Subd. 5. [OPTION TO UTILIZE EXISTING PLAN.] With job
counselor approval, if a participant is already complying with a
job search support or employment plan that was developed for a
different program, the participant may utilize that plan and
that program's services, subject to the requirements of
subdivision 3, to be in compliance with sections 256J.52 to
256J.57 so long as the plan meets, or is modified to meet, the
requirements of those sections.
Sec. 47. [256J.56] [EMPLOYMENT AND TRAINING SERVICES
COMPONENT; EXEMPTIONS.]
An MFIP-S caregiver is exempt from the requirements of
sections 256J.52 to 256J.55 if the caregiver belongs to any of
the following groups:
(1) individuals who are age 60 or older;
(2) 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.
Persons in this category with a temporary illness, injury, or
incapacity must be reevaluated at least quarterly;
(3) caregivers whose presence in the home is required
because of the professionally certified illness or incapacity of
another member in the household;
(4) women who are pregnant, if the pregnancy has resulted
in a professionally certified incapacity that prevents the woman
from obtaining or retaining employment;
(5) caregivers of a child under the age of one year who
personally provide full-time care for the child. This exemption
may be used for only 12 months in a lifetime. In two-parent
households, only one parent or other relative may qualify for
this exemption;
(6) individuals employed at least 40 hours per week or at
least 30 hours per week and engaged in job search for at least
an additional ten hours per week;
(7) individuals experiencing a personal or family crisis
that makes them incapable of participating in the program, as
determined by the county agency. If the participant does not
agree with the county agency's determination, the participant
may seek professional certification, as defined in section
256J.08, that the participant is incapable of participating in
the program.
Persons in this exemption category must be reevaluated
every 60 days; or
(8) second parents in two-parent families, provided the
second parent is employed for 20 or more hours per week.
A caregiver who is exempt under clause (5) must enroll in
and attend an early childhood and family education class, a
parenting class, or some similar activity, if available, during
the period of time the caregiver is exempt under this section.
Notwithstanding section 256J.46, failure to attend the required
activity shall not result in the imposition of a sanction.
Sec. 48. [256J.57] [GOOD CAUSE; FAILURE TO COMPLY; NOTICE;
CONCILIATION CONFERENCE.]
Subdivision 1. [GOOD CAUSE FOR FAILURE TO COMPLY.] The
county agency shall not impose the sanction under section
256J.46 if it determines that the participant has good cause for
failing to comply with the requirements of section 256J.45 or
sections 256J.52 to 256J.55. Good cause exists when:
(1) appropriate child care is not available;
(2) the job does not meet the definition of suitable
employment;
(3) the participant is ill or injured;
(4) a family member is ill and needs care by the
participant that prevents the participant from complying with
the job search support plan or employment plan;
(5) the parental caregiver is unable to secure necessary
transportation;
(6) the parental caregiver is in an emergency situation
that prevents compliance with the job search support plan or
employment plan;
(7) the schedule of compliance with the job search support
plan or employment plan conflicts with judicial proceedings;
(8) the parental caregiver is already participating in
acceptable work activities;
(9) the employment plan requires an educational program for
a caregiver under age 20, but the educational program is not
available;
(10) activities identified in the job search support plan
or employment plan are not available;
(11) the parental caregiver is willing to accept suitable
employment, but suitable employment is not available; or
(12) the parental caregiver documents other verifiable
impediments to compliance with the job search support plan or
employment plan beyond the parental caregiver's control.
Subd. 2. [NOTICE OF INTENT TO SANCTION.] (a) When a
participant fails without good cause to comply with the
requirements of sections 256J.52 to 256J.55, the job counselor
or the county agency must provide a notice of intent to sanction
to the participant specifying the program requirements that were
not complied with, informing the participant that the county
agency will impose the sanctions specified in section 256J.46,
and informing the participant of the opportunity to request a
conciliation conference as specified in paragraph (b). The
notice must also state that the participant's continuing
noncompliance with the specified requirements will result in
additional sanctions under section 256J.46, without the need for
additional notices or conciliation conferences under this
subdivision. If the participant does not request a conciliation
conference within ten calendar days of the mailing of the notice
of intent to sanction, the job counselor must notify the county
agency that the assistance payment should be reduced. The
county must then send a notice of adverse action to the
participant informing the participant of the sanction that will
be imposed, the reasons for the sanction, the effective date of
the sanction, and the participant's right to have a fair hearing
under section 256J.40.
(b) The participant may request a conciliation conference
by sending a written request, by making a telephone request, or
by making an in-person request. The request must be received
within ten calendar days of the date the county agency mailed
the ten-day notice of intent to sanction. If a timely request
for a conciliation is received, the county agency's service
provider must conduct the conference within five days of the
request. The job counselor's supervisor, or a designee of the
supervisor, must review the outcome of the conciliation
conference. If the conciliation conference resolves the
noncompliance, the job counselor must promptly inform the county
agency and request withdrawal of the sanction notice.
(c) Upon receiving a sanction notice, the participant may
request a fair hearing under section 256J.40, without exercising
the option of a conciliation conference. In such cases, the
county agency shall not require the participant to engage in a
conciliation conference prior to the fair hearing.
(d) If the participant requests a fair hearing or a
conciliation conference, sanctions will not be imposed until
there is a determination of noncompliance. Sanctions must be
imposed as provided in section 256J.46.
Sec. 49. [256J.61] [REPORTING REQUIREMENTS.]
The commissioner of human services, in cooperation with the
commissioner of economic security, shall develop reporting
requirements for county agencies and employment and training
service providers according to section 256.01, subdivision 2,
paragraph (17). Reporting requirements must, to the extent
possible, use existing client tracking systems and must be
within the limits of funds available. The requirements must
include summary information necessary for state agencies and the
legislature to evaluate the effectiveness of the services.
Sec. 50. [256J.62] [ALLOCATION OF COUNTY EMPLOYMENT AND
TRAINING SERVICES BLOCK GRANT.]
Subdivision 1. [ALLOCATION.] Money appropriated for MFIP-S
employment and training services must be allocated to counties
as specified in this section.
Subd. 2. [GUARANTEED FLOOR.] Money shall be allocated to
counties in an amount equal to the county's guaranteed floor.
The county's guaranteed allocation floor shall be calculated as
follows:
(1) for fiscal 1998, the guaranteed allocation floor shall
be calculated by multiplying the county's STRIDE allocation
received for state fiscal year 1997 by 90 percent;
(2) for each subsequent fiscal year, the guaranteed
allocation floor shall be calculated by multiplying the county's
MFIP-S employment and training services allocation received the
previous state fiscal year by 90 percent; and
(3) if the amount of funds available for allocation is less
than the amount allocated to all counties for the previous
fiscal year, each county's previous year allocation shall be
reduced in proportion to the reduction in statewide funding for
the purpose of establishing the guaranteed floor.
Subd. 3. [ALLOCATION OF BALANCE OF FUNDS.] If there remain
funds to allocate after establishing each county's guaranteed
floor under the provisions in subdivision 2, the balance of
funds shall be allocated as follows:
(1) for state fiscal year 1998, the remaining funds shall
be allocated based on the county's average number of AFDC and
family general assistance cases as compared to the statewide
total number of cases. The average number of cases shall be
based on counts of AFDC and family general assistance cases as
of March 31, June 30, September 30, and December 31 of calendar
year 1996;
(2) for state fiscal year 1999, the remaining funds shall
be allocated based on the county's average number of AFDC,
family general assistance, MFIP-R, MFIP, and MFIP-S cases as
compared to the statewide total number of cases. The average
number of cases shall be based on counts of AFDC, family general
assistance, MFIP-R, MFIP, and MFIP-S cases as of March 31, June
30, September 30, and December 31 of calendar year 1997; and
(3) for all subsequent state fiscal years, the remaining
funds shall be allocated based on the county's average number of
MFIP-S cases as compared to the statewide total number of
cases. The average number of cases must be based on counts of
MFIP-S cases as of March 31, June 30, September 30, and December
31 of the previous calendar year.
Subd. 4. [ADMINISTRATIVE ACTIVITIES LIMIT.] No more than
15 percent of the money allocated under this section may be used
for administrative activities.
Subd. 4a. [STRIDE ALLOCATION.] Funds allocated for STRIDE
services for state fiscal year 1998 are allocated to county
agencies based on the provisions of statute in effect on June
30, 1997. At the time that the AFDC program is replaced by the
Temporary Assistance for Needy Families program under title I of
Public Law Number 104-193 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, any unexpended
balance of a county's STRIDE allocation for that fiscal year
remains available to the county for operation of MFIP-S
employment and training services and for the operation of the
STRIDE program for the MFIP and MFIP-R field trial counties for
the balance of the fiscal year. These STRIDE funds shall be
included in the calculation of the next year's MFIP-S employment
and training allocation under the provisions of subdivision 2.
Subd. 5. [BILINGUAL EMPLOYMENT AND TRAINING SERVICES TO
REFUGEES.] Funds appropriated to cover the costs of bilingual
employment and training services to refugees shall be allocated
to county agencies as follows:
(1) for state fiscal year 1998, the allocation shall be
based on the county's proportion of the total statewide number
of AFDC refugee cases in the previous fiscal year. Counties
with less than one percent of the statewide number of AFDC,
MFIP-R, or MFIP refugee cases shall not receive an allocation of
bilingual employment and training services funds; and
(2) for each subsequent fiscal year, the allocation shall
be based on the county's proportion of the total statewide
number of MFIP-S refugee cases in the previous fiscal year.
Counties with less than one percent of the statewide number of
MFIP-S refugee cases shall not receive an allocation of
bilingual employment and training services funds.
Subd. 6. [WORK LITERACY LANGUAGE PROGRAMS.] Funds
appropriated to cover the costs of work literacy language
programs to non-English speaking recipients shall be allocated
to county agencies as follows:
(1) for state fiscal year 1998, the allocation shall be
based on the county's proportion of the total statewide number
of AFDC or MFIP cases in the previous fiscal year where the lack
of English is a barrier to employment. Counties with less than
two percent of the statewide number of AFDC or MFIP cases where
the lack of English is a barrier to employment shall not receive
an allocation of the work literacy language program funds; and
(2) for each subsequent fiscal year, the allocation shall
be based on the county's proportion of the total statewide
number of MFIP-S cases in the previous fiscal year where the
lack of English is a barrier to employment. Counties with less
than two percent of the statewide number of MFIP-S cases where
the lack of English is a barrier to employment shall not receive
an allocation of the work literacy language program funds.
Subd. 7. [REALLOCATION.] The commissioner of human
services shall review county agency expenditures of MFIP-S
employment and training services funds at the end of the third
quarter of the first year of the biennium and each quarter after
that and may reallocate unencumbered or unexpended money
appropriated under this section to those county agencies that
can demonstrate a need for additional money.
Subd. 8. [CONTINUATION OF CERTAIN SERVICES.] At the
request of the caregiver, the county may continue to provide
case management, counseling or other support services to a
participant following the participant's achievement of the
employment goal, for up to six months following termination of
the participant's eligibility for MFIP-S.
A county may expend funds for a specific employment and
training service for the duration of that service to a
participant if the funds are obligated or expended prior to the
participant losing MFIP-S eligibility.
Sec. 51. [256J.645] [INDIAN TRIBE MFIP-S EMPLOYMENT AND
TRAINING.]
Subdivision 1. [AUTHORIZATION TO ENTER INTO
AGREEMENTS.] Effective July 1, 1997, the commissioner may enter
into agreements with federally recognized Indian tribes with a
reservation in the state to provide MFIP-S employment and
training services to members of the Indian tribe and to other
caregivers who are a part of the tribal member's MFIP-S
assistance unit. For purposes of this section, "Indian tribe"
means a tribe, band, nation, or other federally recognized group
or community of Indians. The commissioner may also enter into
an agreement with a consortium of Indian tribes providing the
governing body of each Indian tribe in the consortium complies
with the provisions of this section.
Subd. 2. [TRIBAL REQUIREMENTS.] The Indian tribe must:
(1) agree to fulfill the responsibilities provided under
the employment and training component of MFIP-S regarding
operation of MFIP-S employment and training services, as
designated by the commissioner;
(2) operate its employment and training services program
within a geographic service area not to exceed the counties
within which a border of the reservation falls;
(3) operate its program in conformity with section 13.46
and any applicable federal regulations in the use of data about
MFIP-S recipients;
(4) coordinate operation of its program with the county
agency, Job Training Partnership Act programs, and other support
services or employment-related programs in the counties in which
the tribal unit's program operates;
(5) provide financial and program participant activity
recordkeeping and reporting in the manner and using the forms
and procedures specified by the commissioner and permit
inspection of its program and records by representatives of the
state; and
(6) have the Indian tribe's employment and training service
provider certified by the commissioner of economic security, or
approved by the county.
Subd. 3. [FUNDING.] If the commissioner and an Indian
tribe are parties to an agreement under this subdivision, the
agreement may annually provide to the Indian tribe the funding
amount in clause (1) or (2):
(1) if the Indian tribe operated a tribal STRIDE program
during state fiscal year 1997, the amount to be provided is the
amount the Indian tribe received from the state for operation of
its tribal STRIDE program in state fiscal year 1997, except that
the amount provided for a fiscal year may increase or decrease
in the same proportion that the total amount of state funds
available for MFIP-S employment and training services increased
or decreased that fiscal year; or
(2) if the Indian tribe did not operate a tribal STRIDE
program during state fiscal year 1997, the commissioner may
provide to the Indian tribe for the first year of operations the
amount determined by multiplying the state allocation for MFIP-S
employment and training services to each county agency in the
Indian tribe's service delivery area by the percentage of MFIP-S
recipients in that county who were members of the Indian tribe
during the previous state fiscal year. The resulting amount
shall also be the amount that the commissioner may provide to
the Indian tribe annually thereafter through an agreement under
this subdivision, except that the amount provided for a fiscal
year may increase or decrease in the same proportion that the
total amount of state funds available for MFIP-S employment and
training services increased or decreased that fiscal year.
Subd. 4. [COUNTY AGENCY REQUIREMENT.] Indian tribal
members receiving MFIP-S benefits and residing in the service
area of an Indian tribe operating employment and training
services under an agreement with the commissioner must be
referred by county agencies in the service area to the Indian
tribe for employment and training services.
Sec. 52. [256J.65] [THE SELF-EMPLOYMENT INVESTMENT
DEMONSTRATION PROGRAM (SEID).]
(a) A caregiver who enrolls and participates in the SEID
program as specified in section 268.95, may, at county option,
be exempted from other employment and training participation
requirements for a period of up to 24 months, except for the
school attendance requirements as specified in section 256J.54.
(b) The following income and resource considerations apply
to SEID participants:
(1) an unencumbered cash reserve fund, composed of proceeds
from a SEID business, is not counted against the grant if those
funds are reinvested in the business and the value of the
business does not exceed $3,000. The value of the business is
determined by deducting outstanding encumbrances from retained
business profit; and
(2) the purchase of capital equipment and durable goods of
an amount up to $3,000 during a 24-month project period is
allowed as a business expense.
(c) SEID participants with a county-approved employment
plan are also eligible for employment and training services,
including child care and transportation.
Sec. 53. [256J.66] [ON-THE-JOB TRAINING.]
Subdivision 1. [ESTABLISHING THE ON-THE-JOB TRAINING
PROGRAM.] (a) County agencies may develop on-the-job training
programs for MFIP-S caregivers who are participating in
employment and training services. A county agency that chooses
to provide on-the-job training may make payments to employers
for on-the-job training costs that, during the period of the
training, must not exceed 50 percent of the wages paid by the
employer to the participant. The payments are deemed to be in
compensation for the extraordinary costs associated with
training participants under this section and in compensation for
the costs associated with the lower productivity of the
participants during training.
(b) Provision of an on-the-job training program under the
Job Training Partnership Act, in and of itself, does not qualify
as an on-the-job training program under this section.
(c) Participants in on-the-job training shall be
compensated by the employer at the same rates, including
periodic increases, as similarly situated employees or trainees
and in accordance with applicable law, but in no event less than
the federal or applicable state minimum wage, whichever is
higher.
Subd. 2. [TRAINING AND PLACEMENT.] (a) County agencies
shall limit the length of training based on the complexity of
the job and the caregiver's previous experience and training.
Placement in an on-the-job training position with an employer is
for the purpose of training and employment with the same
employer who has agreed to retain the person upon satisfactory
completion of training.
(b) Placement of any participant in an on-the-job training
position must be compatible with the participant's assessment
and employment plan under section 256J.52.
Sec. 54. [256J.67] [COMMUNITY WORK EXPERIENCE.]
Subdivision 1. [ESTABLISHING THE COMMUNITY WORK EXPERIENCE
PROGRAM.] To the extent of available resources, each county
agency may establish and operate a work experience component for
MFIP-S caregivers who are participating in employment and
training services. This option for county agencies supersedes
the requirement in section 402(a)(1)(B)(iv) of the Social
Security Act that caregivers who have received assistance for
two months and who are not exempt from work requirements must
participate in a work experience program. The purpose of the
work experience component is to enhance the caregiver's
employability and self-sufficiency and to provide meaningful,
productive work activities. The county shall use this program
for an individual after exhausting all other employment
opportunities. The county agency shall not require a caregiver
to participate in the community work experience program unless
the caregiver has been given an opportunity to participate in
other work activities.
Subd. 2. [COMMISSIONER'S DUTIES.] The commissioner shall
assist counties in the design and implementation of these
components.
Subd. 3. [EMPLOYMENT OPTIONS.] (a) Work sites 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 caregiver must be
considered in making appropriate work experience assignments.
(b) Structured, supervised volunteer work with an agency or
organization, which is monitored by the county service provider,
may, with the approval of the county agency, be used as a work
experience placement.
(c) As a condition of placing a caregiver in a program
under this section, the county agency shall first provide the
caregiver the opportunity:
(1) for placement in suitable subsidized or unsubsidized
employment through participation in a job search; or
(2) for placement in suitable employment through
participation in on-the-job training, if such employment is
available.
Subd. 4. [EMPLOYMENT PLAN.] (a) The caretaker's employment
plan must include the length of time needed in the work
experience program, the need to continue job-seeking activities
while participating in work experience, and the caregiver's
employment goals.
(b) After each six months of a caregiver's participation in
a work experience job placement, and at the conclusion of each
work experience assignment under this section, the county agency
shall reassess and revise, as appropriate, the caregiver's
employment plan.
(c) A caregiver may claim good cause under section 256J.57,
subdivision 1, for failure to cooperate with a work experience
job placement.
(d) The county agency shall limit the maximum number of
hours any participant may work under this section to the amount
of the transitional standard divided by the federal or
applicable state minimum wage, whichever is higher. After a
participant has been assigned to a position 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 transitional standard divided by the rate of
pay for individuals employed in the same or similar occupations
by the same employer at the same site. This limit does not
apply if it would prevent a participant from counting toward the
federal work participation rate.
Sec. 55. [256J.68] [INJURY PROTECTION FOR WORK EXPERIENCE
PARTICIPANTS.]
Subdivision 1. [APPLICABILITY.] (a) This section must be
used to determine payment of any claims resulting from an
alleged injury or death of a person participating in a county or
a tribal community work experience program that is approved by
the commissioner and is operated by:
(i) the county agency;
(ii) the tribe;
(iii) a department of the state; or
(iv) a community-based organization under contract, prior
to April 1, 1997, with a county agency to provide a community
work experience program or a food stamp community work
experience program, provided the organization has not
experienced any individual injury loss or claim greater than
$1,000.
(b) This determination method is available to the
community-based organization under clause (iv) only for claims
incurred by participants in the community work experience
program or the food stamp community work experience program.
(c) This determination method applies to work experience
programs authorized by the commissioner for persons applying for
or receiving cash assistance and food stamps, and to the
Minnesota parent's fair share program and the community service
program under section 518.551, subdivision 5a, in a county with
an approved community investment program for obligors.
Subd. 2. [INVESTIGATION OF THE CLAIM.] Claims that are
subject to this section must be investigated by the county
agency or the tribal program 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 or tribal program
shall submit the claim to the appropriate insurance entity for
payment. The investigating county agency or tribal program
shall submit all valid claims, in the amount net of any
insurance payments, to the department of human services.
Subd. 3. [SUBMISSION OF CLAIM.] The commissioner shall
submit all claims for permanent partial disability 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 permanent partial disability compensation schedule of
section 176.101, subdivision 2a.
Subd. 4. [CLAIMS LESS THAN $1,000.] The commissioner shall
approve a claim of $1,000 or less for payment if appropriated
funds are available, if the county agency or tribal program
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
commissioner 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 year, the commissioner 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 commissioner 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.
Subd. 5. [CLAIMS MORE THAN $1,000.] On or before February
1 of each year, the commissioner 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 commissioner,
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, must be paid under the legislative claims procedure.
Subd. 6. [COMPENSATION FOR CERTAIN COSTS.] Compensation
paid under this section is limited to reimbursement for
reasonable medical expenses and permanent partial disability
compensation for disability in like amounts as allowed in
section 176.101, subdivision 2a. 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.
Subd. 7. [EXCLUSIVE PROCEDURE.] 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, county, tribal, or reservation insurance
policy or self-insurance program.
Subd. 8. [INVALID CLAIMS.] A claim is not valid for
purposes of this section if the county agency responsible for
supervising the work cannot verify to the commissioner:
(1) that appropriate safety training and information is
provided to all persons being supervised by the agency under
this section; 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 or tribal program
responsible for supervising the work of the claimant.
Sec. 56. [256J.69] [GRANT DIVERSION.]
Subdivision 1. [ESTABLISHING THE GRANT DIVERSION
PROGRAM.] (a) County agencies may develop grant diversion
programs for MFIP-S participants participating in employment and
training services. A county agency that chooses to provide
grant diversion may divert to an employer part or all of the
MFIP-S cash payment for the participant's assistance unit, in
compliance with federal regulations and laws. Such payments to
an employer are to subsidize employment for MFIP-S participants
as an alternative to public assistance payments.
(b) In addition to diverting the MFIP-S grant to the
employer, employment and training funds may be used to subsidize
the grant diversion placement.
(c) Participants in grant diversion shall be compensated by
the employer at the same rates, including periodic increases, as
similarly situated employees or trainees and in accordance with
applicable law, but in no event less than the federal or
applicable state minimum wage, whichever is higher.
Subd. 2. [TRAINING AND PLACEMENT.] (a) County agencies
shall limit the length of training to nine months. Placement in
a grant diversion training position with an employer is for the
purpose of training and employment with the same employer who
has agreed to retain the person upon satisfactory completion of
training.
(b) Placement of any participant in a grant diversion
subsidized training position must be compatible with the
assessment and employment plan or employability development plan
established for the recipient under section 256J.52 or 256K.03,
subdivision 8.
Sec. 57. [256J.72] [NONDISPLACEMENT IN WORK ACTIVITIES.]
Subdivision 1. [NONDISPLACEMENT PROTECTION.] For job
assignments under jobs programs established under this chapter
or chapter 256, 256D, or 256K, the county agency must 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 chapter
or chapter 256, 256D, or 256K results in:
(1) termination, layoff, or reduction of the work hours of
an employee for the purpose of hiring an individual under this
section;
(2) the hiring of an individual if any other person is on
layoff, including seasonal layoff, from the same or a
substantially equivalent job;
(3) any infringement of the promotional opportunities of
any currently employed individual;
(4) the impairment of existing contract for services of
collective bargaining agreements; or
(5) a participant filling an established unfilled position
vacancy, except for on-the-job training.
The written notification must be provided to the
appropriate exclusive bargaining representatives at least 14
days in advance of placing recipients in temporary public
service employment. The notice must include the number of
individuals involved, their work locations and anticipated hours
of work, a summary of the tasks to be performed, and a
description of how the individuals will be trained and
supervised.
Subd. 2. [DISPUTE RESOLUTION.] (a) If there is a dispute
between an exclusive bargaining representative and a county
provider or employer over whether job duties are within the
scope of a collective bargaining unit, the exclusive bargaining
representative, the county, the provider, or the employer may
petition the bureau of mediation services to determine if the
job duties are within the scope of a collective bargaining unit,
and the bureau shall render a binding decision.
(b) In the event of a dispute under this section, the
parties may:
(1) use a grievance and arbitration procedure of an
existing collective bargaining agreement to process a dispute
over whether a violation of the nondisplacement provisions has
occurred; or
(2) if no grievance and arbitration procedure is in place,
either party may submit the dispute to the bureau. The
commissioner of the bureau of mediation services shall establish
a procedure for a neutral, binding resolution of the dispute.
Subd. 3. [STATUS OF PARTICIPANT.] A participant 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,
whichever is greater, as part of a work program established
under chapter 256, 256D, 256J, or 256K. A participant who
exceeds the time limits in this subdivision is a public
employee, as that term is used in chapter 179A. 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. 58. [256J.74] [RELATIONSHIP TO OTHER PROGRAMS.]
Subdivision 1. [SOCIAL SERVICES.] The county agency shall
refer a participant for social services that are offered in the
county of financial responsibility according to the criteria
established by that county agency under Minnesota Rules, parts
9550.0010 to 9550.0092. A payment issued from federal funds
under title XX of the Social Security Act, state funds under the
Community Social Services Act, federal or state child welfare
funds, or county funds in a payment month must not restrict
MFIP-S eligibility or reduce the monthly assistance payment for
that participant.
Subd. 2. [CONCURRENT ELIGIBILITY, LIMITATIONS.] A county
agency must not count an applicant or participant as a member of
more than one assistance unit in a given payment month, except
as provided in clauses (1) and (2).
(1) A participant who is a member of an assistance unit in
this state is eligible to be included in a second assistance
unit in the first full month that the participant leaves the
first assistance unit and lives with a second assistance unit.
(2) An applicant whose needs are met through foster care
that is reimbursed under title IV-E of the Social Security Act
for the first part of an application month is eligible to
receive assistance for the remaining part of the month in which
the applicant returns home. Title IV-E payments and adoption
assistance payments must be considered prorated payments rather
than a duplication of MFIP-S need.
Subd. 3. [EMERGENCY ASSISTANCE, ASSISTANCE UNIT WITH A
MINOR CHILD.] An MFIP-S assistance unit with a minor child or a
pregnant woman without a minor child is eligible for emergency
assistance when the assistance unit meets the requirements in
section 256J.48, subdivision 2.
Subd. 4. [MEDICAL ASSISTANCE.] Medical assistance
eligibility for MFIP-S participants shall be determined as
described in chapter 256B.
Sec. 59. [256J.75] [COUNTY OF FINANCIAL RESPONSIBILITY
POLICIES.]
Subdivision 1. [COUNTY OF FINANCIAL RESPONSIBILITY.] The
county of financial responsibility is the county in which a
minor child or pregnant woman lives on the date the application
is signed, unless subdivision 4 applies. When more than one
county is financially responsible for the members of an
assistance unit, financial responsibility must be assigned to a
single county beginning the first day of the calendar month
after the assistance unit members are required to be in a single
assistance unit. Financial responsibility must be assigned to
the county that was initially responsible for the assistance
unit member with the earliest date of application. The county
in which the assistance unit is currently residing becomes
financially responsible for the entire assistance unit beginning
two full calendar months after the month in which financial
responsibility was consolidated in one county.
Subd. 2. [CHANGE IN RESIDENCE.] (a) When an assistance
unit moves from one county to another and continues to receive
assistance, the new county of residence becomes the county of
financial responsibility when that assistance unit has lived in
that county in nonexcluded status for two full calendar months.
"Nonexcluded status" means the period of residence that is not
considered excluded time under section 256G.02, subdivision 6.
When a minor child moves from one county to another to reside
with a different caregiver, the caregiver in the former county
is eligible to receive assistance for that child only through
the last day of the month of the move. The caregiver in the new
county becomes eligible to receive assistance for the child the
first day of the month following the move or the date of
application, whichever is later.
(b) When an applicant moves from one county to another
while the application is pending, the county where application
first occurred is the county of financial responsibility until
the applicant has lived in the new county for two full calendar
months, unless the applicant's move is covered under section
256G.02, subdivision 6.
Subd. 3. [RESPONSIBILITY FOR INCORRECT ASSISTANCE
PAYMENTS.] A county of residence, when different from the county
of financial responsibility, will be charged by the commissioner
for the value of incorrect assistance payments and medical
assistance paid to or on behalf of a person who was not eligible
to receive that amount. Incorrect payments include payments to
an ineligible person or family resulting from decisions,
failures to act, miscalculations, or overdue recertification.
However, financial responsibility does not accrue for a county
when the recertification is overdue at the time the referral is
received by the county of residence or when the county of
financial responsibility does not act on the recommendation of
the county of residence. When federal or state law requires
that medical assistance continue after assistance ends, this
subdivision also governs financial responsibility for the
extended medical assistance.
Subd. 4. [EXCLUDED TIME.] When an applicant or participant
resides in an excluded time facility as described in section
256G.02, subdivision 6, the county that is financially
responsible for the applicant or participant is the county in
which the applicant or participant last resided outside such a
facility immediately before entering the facility. When an
applicant or participant has not resided in this state for any
time other than excluded time as defined in section 256G.02,
subdivision 6, the county that is financially responsible for
the applicant or participant is the county in which the
applicant or participant resides on the date the application is
signed.
Sec. 60. [256J.76] [COUNTY ADMINISTRATIVE AID.]
Subdivision 1. [ADMINISTRATIVE FUNCTIONS.] Beginning July
1, 1997, counties will receive federal funds from the TANF block
grant for use in supporting eligibility, fraud control, and
other related administrative functions. The federal funds
available for distribution, as determined by the commissioner,
must be an amount equal to federal administrative aid
distributed for fiscal year 1996 under titles IV-A and IV-F of
the Social Security Act in effect prior to October 1, 1996.
This amount must include the amount paid for local
collaboratives under sections 245.4932 and 256F.13, but must not
include administrative aid associated with child care under
section 119B.05, with emergency assistance intensive family
preservation services under section 256.8711, with
administrative activities as part of the employment and training
services under section 256.736, or with fraud prevention
investigation activities under section 256.983.
Subd. 2. [ALLOCATION OF COUNTY FUNDS.] The commissioner
shall determine and allocate the funds available to each county,
on a calendar year basis, proportional to the amount paid to
each county for fiscal year 1996, excluding the amount paid for
local collaboratives under sections 245.4932 and 256F.13. For
the period beginning July 1, 1997, and ending December 31, 1998,
each county shall receive 150 percent of its base year
allocation.
Subd. 3. [MONTHLY PAYMENTS TO COUNTIES.] The commissioner
shall pay counties monthly as federal funds are available. The
commissioner may certify the payments for the first three months
of a calendar year.
Subd. 4. [REPORTING REQUIREMENT.] The commissioner shall
specify requirements for reporting according to section 256.01,
subdivision 2, paragraph (17). Each county shall be reimbursed
at a rate of 50 percent of eligible expenditures up to the limit
of its allocation.
Sec. 61. [NOTICE AND REFERRAL PROCEDURES FOR DOMESTIC
VIOLENCE VICTIMS.]
The commissioner of human services shall develop procedures
for the county agencies and their contractors to identify
victims of domestic violence. The procedures must provide, at a
minimum, universal notification to all applicants and recipients
of MFIP-S that:
(1) referrals to counseling and supportive services are
available for victims of domestic violence;
(2) nonpermanent resident battered individuals married to
U.S. citizens or permanent residents may be eligible to petition
for permanent residency under the Violence Against Women Act,
and that referrals to appropriate legal services are available;
and
(3) victims of domestic violence are exempt from the
60-month limit on assistance while the individual is complying
with an approved safety plan, as defined in section 256J.49,
subdivision 11.
Notification must be in writing and orally at the time of
application and recertification, when the individual is referred
to the title IV-D child support agency, and at the beginning of
any job training or work placement assistance program.
Sec. 62. [DISCONTINUATION OF WAIVERS.]
If the federal government refuses to continue waivers
granted on or before August 11, 1996, or if the federal
government refuses to modify such waivers as requested by the
department of human services, then the department of human
services may implement the MFIP-S program in compliance with the
federal mandate until the end of the next legislative session.
The department of human services shall publish its decision to
implement the federal mandate in the State Register and propose
legislation to address the conflict in the next legislative
session.
Sec. 63. [COUNTY PERFORMANCE STANDARDS.]
(a) Beginning July 1, 1998, and each quarter thereafter,
the commissioner of human services shall inform all counties of
each county's performance on the following measures:
(1) MFIP-S caseload reduction;
(2) average placement wage rate;
(3) rate of job retention after three months;
(4) placement rate into unsubsidized jobs;
(5) federal participation requirements as specified in
title 1 of Public Law Number 104-193 of the Personal
Responsibility and Work Opportunity Act of 1996;
(6) the average length of time an individual receives
public assistance, beginning with new MFIP-S applicants, and the
rate of recidivism; and
(7) the cost per placement of an individual in unsubsidized
employment.
(b) By January 1, 1998, the counties and the commissioner
shall establish performance standards for each of the measures
in paragraph (a).
(c) By July 1, 1998, the counties and the commissioner
shall develop a plan to allocate, if such sanctions occur,
federal sanctions between the state and counties resulting from
a failure to meet the performance standards specified in title 1
of Public Law Number 104-193 of the Personal Responsibility and
Work Opportunity Act of 1996.
(d) The commissioner shall report the plan to the
legislature by October 1, 1998.
Sec. 64. [FINDINGS; CONTINGENT BENEFIT STANDARDS.]
Subdivision 1. [FINDINGS.] For purposes of Minnesota
Statutes, sections 256J.12 and 256J.43, the legislature makes
the following findings:
(1) the legislature is statutorily required to balance the
state budget, and, in balancing the state budget, faces
competing funding priorities with limited resources;
(2) the legislature expects that federal financial support
for state-administered welfare programs, including the Minnesota
family investment program, will decrease in the wake of the
federal welfare reform legislation;
(3) many states are using the flexibility given to them
under the federal welfare reform legislation to enact more
restrictive welfare programs than Minnesota;
(4) despite likely weaker federal financial support and the
trend in other states toward more restrictive welfare programs,
the legislature wishes to continue to reform the state's welfare
system and manage funds appropriated for the Minnesota family
investment program so that the state may provide meaningful
assistance for all needy Minnesota families and their children;
(5) the legislature intends to provide a safety net for
recent interstate migrants and to encourage their
self-sufficiency;
(6) Minnesota county human service agencies have reported
to the commissioner of human services verified cases of
individuals from other states to this state at least in part
because this state has higher cash assistance benefits;
(7) the legislature anticipates that, as other states
further restrict their welfare programs, migration to this state
by families seeking higher welfare benefits will increase
significantly and may cause expenditures in excess of the funds
appropriated for this program;
(8) the policy of the state of Minnesota is to make welfare
benefits a neutral factor in a family's decision to move to
Minnesota, which is required for the state to continue its
commitment to reform its welfare system and to provide
meaningful assistance for needy Minnesota families and their
children;
(9) if new residents experience any harm under Minnesota
Statutes, sections 256J.12 and 256J.43, such harm is mitigated,
since new residents, if eligible, can receive benefits
immediately under a hardship exemption; and in all cases, if
eligible, can receive cash assistance after 30 days; if
eligible, they will receive the cash assistance based on the
assistance standard they would have received in their previous
state of residence for families of the same size;
(10) without Minnesota Statutes, sections 256J.12 and
256J.43, the hardship to the state and its needy families and
children would be great because significant reductions in
welfare benefits will likely occur; and
(11) Minnesota Statutes, sections 256J.12 and 256J.43,
advance the public interest of continuing to provide meaningful
assistance to needy Minnesota families and their children while
providing a safety net for recent interstate migrants.
Subd. 2. [REDUCTION IF COURT ENJOINMENT.] In the event a
court enjoins enforcement of Minnesota Statutes, section 256J.12
or 256J.43, this subdivision shall apply. Beginning July 1,
1997, the commissioner of human services shall monitor the
number of individual applicants for AFDC under Minnesota
Statutes, chapter 256, and for public assistance under this
chapter who have lived in this state for less than 12
consecutive months and shall implement clauses (1) to (3) when
the commissioner determines that the cumulative number of such
applicants since July 1, 1997, has reached at least 1,500. The
commissioner shall:
(1) reduce the assistance standards for the AFDC program
and the transitional standards for the MFIP-S program under this
chapter for all recipients but only in an amount sufficient to
remain within the forecasted budgets for those programs;
reductions shall take effect beginning with payments made at the
start of the second calendar month following the commissioner's
determination that the conditions specified in this paragraph
have occurred; make caregivers who have lived in this state for
less than 12 consecutive months ineligible for child care
assistance provided through the AFDC, MFIP-S, MFIP-R, and MFIP
programs, and the basic sliding fee child care program.
Education and training are not work activities for purposes of
caregivers who have lived in this state for less than 12
months. These caregivers shall immediately comply with job
search requirements until there is an offer of suitable
employment, and the caregiver shall accept any offer of suitable
employment;
(2) notify the fiscal and policy chairs of the house and
senate human services committees that the reductions have taken
place; and
(3) formulate a plan to be presented to the next
legislative session.
Sec. 65. [TRANSFER FUNDING.]
Effective July 1, 1997, all funding related to the child
care assistance programs under Minnesota Statutes, section
256.035, subdivision 8, is transferred to the commissioner of
children, families, and learning.
Sec. 66. [TRIBAL EMPLOYMENT AND TRAINING PROGRAM; REPORT.]
Subdivision 1. [AUTHORITY.] Effective July 1, 1997, the
commissioner of human services, in conjunction with Indian
tribes in the state, shall develop and present to the
legislature a plan for providing state funds in support of a
family assistance program administered by Indian tribes that
have a reservation in this state and have federal approval to
operate a tribal program. This plan must identify the primary
arrangements needed to effect tribal administration and needed
funding, including agreements with a consortium of tribes, that
accurately reflect the state funding levels for Indian people as
would otherwise be available to MFIP-S program recipients. This
plan must be developed consistent with the requirements set
forth in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Public Law Number 104-193, section
412(b)(1)(B). For purposes of this section, "Indian tribe"
means a tribe, band, nation, or other federally recognized group
or community of Indians.
Subd. 2. [REPORT TO THE LEGISLATURE.] The plan referred to
in subdivision 1 and any resulting proposal for legislation must
be presented to the legislature by December 15, 1997.
Subd. 3. [TRIBAL AGREEMENTS.] Once the plan in subdivision
1 is presented to and approved by the legislature and signed
into law, the commissioner is authorized to enter into
agreements with Indian tribes or consortia of tribes consistent
with the plan.
Subd. 4. [TRIBAL AND STATE COORDINATION.] The commissioner
shall consult with Indian tribes in the state when formulating
general policies regarding the implementation of the state's
public assistance program operated under title IV-A of the
Social Security Act. The commissioner shall take into
consideration circumstances affecting Indians, including
circumstances identified by Indian tribes, when designing the
state's program. The state shall provide Indians with equitable
access to assistance as provided in the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, Public Law
Number 104-193, section 402(a)(5).
Subd. 5. [EMPLOYMENT TRAINING.] Nothing in this section
precludes any Indian tribe in this state from participating in
employment and training or child care programs otherwise
available by law to Indian tribes under:
(1) the MFIP program under Minnesota Statutes, sections
256.031 to 256.0361, or its successor program;
(2) project STRIDE under Minnesota Statutes, section
256.736, or its successor program;
(3) child care programs for tribal program participants;
and
(4) the Minnesota injury protection program.
Subd. 6. [TRIBAL SOVEREIGN STATUS.] Nothing in this
section shall be construed to waive, modify, expand, or diminish
the sovereignty of federally recognized Indian tribes, nor shall
any Indian tribes be required in any way to deny their
sovereignty or waive their immunities except as mandated by
federal law as a requirement of entering into an agreement with
the state under this section.
Subd. 7. [PLANNING.] The commissioner of human services
shall assist tribes, in a collaborative effort, with the
development of the plan under subdivision 1 and efforts
associated with such development. Such efforts shall include,
but not be limited to, data collection regarding: receipt of
public assistance by Indians, unemployment rates within tribal
service delivery areas, and dissemination of information and
research. The commissioner shall provide technical assistance
to tribal welfare reform task force members and tribes regarding
the implementation and operation of public assistance programs
and assistance to tribes to develop the plan under subdivision 1.
Sec. 67. [FORECASTING FUNDS.]
The MFIP-S program is not an entitlement. For the
assistance to families grants part of the budget, the
commissioner of human services shall not expend more funds than
the appropriations made available by the legislature.
Appropriations made available must include the state
appropriated funds and federal funds specified for this purpose
and other available funds transferred from other accounts as
allowed by Minnesota law. Regardless of this limitation on
expenditures, the total projected costs of this program must be
forecasted and recognized in the fund balance.
Sec. 68. [STUDY; NONCUSTODIAL MINOR PARENTS.]
The commissioner shall study and report back to the
legislature by February 1, 1998, with recommendations for
legislative changes related to minor parents and the obligations
of noncustodial minor parents and their parents to cover the
cost of caring for the custodial parent and child who are living
in households specified in Minnesota Statutes, section 256J.14,
subdivision 1, paragraph (a), or in other adult-supervised
living arrangements.
Sec. 69. [ADMINISTRATIVE RULES.]
The commissioner of human services may adopt rules to
implement Minnesota Statutes, chapters 256J and 256K. Because
of the need for flexible and swift means of implementing this
program statewide, the rules adopted by the commissioner to
implement this program are exempted from Minnesota Statutes,
chapter 14, until February 28, 1999. The commissioner shall
prepare legislation for submission to the legislature in 1998
incorporating the substance of any rules adopted under this
section and repealing those rules.
Sec. 70. [STUDY OF WORKING FAMILIES EXCEPTION TO 60-MONTH
LIMIT.]
The commissioner of human services shall report to the
legislature by January 15, 1998, on the feasibility of
establishing an exception to the 60-month lifetime limit on
TANF-funded assistance for families in which the caregiver or
caregivers are employed for a substantial number of hours each
week or are both employed and attending an educational program.
Sec. 71. [TOTAL HOUSEHOLD INCOME COUNTED.]
Effective January 1, 1999, notwithstanding any provision of
Minnesota Statutes, chapter 256J, to the contrary, eligibility
for assistance under Minnesota Statutes, chapter 256J, the
Minnesota family investment program-statewide, must count income
from all unrelated individuals living in the household in order
to qualify for MFIP-S assistance.
Sec. 72. [REPAYMENT OF POST-SECONDARY EDUCATION FUNDS;
PROPOSAL REQUIRED.]
By February 15, 1998, the commissioner of human services,
in consultation with representatives of county agencies, must
develop and submit to the legislature a proposal that specifies
a methodology for the repayment of funds under Minnesota
Statutes 1996, section 256J.53, subdivision 4. The
commissioner's proposal must not apply the methodology
retroactively to participants who had a post-secondary education
or training program approved under that section before the date
that the commissioner's proposal, if enacted, becomes effective.
Sec. 73. [SEVERABILITY CLAUSE.]
If any provision of this act is enjoined from
implementation or found unconstitutional by any court of
competent jurisdiction, the remaining provisions shall remain
valid and shall be given full effect.
Sec. 74. [REPEALER.]
(a) Minnesota Statutes 1996, sections 256.12, subdivisions
9, 10, 14, 15, 19, 20, 21, 22, and 23; 256.72; 256.73,
subdivisions 1, 1a, 1b, 2, 3a, 3b, 5, 5a, 6, 8, 8a, 9, 10, and
11; 256.7341; 256.7365, subdivisions 1, 2, 3, 4, 5, 6, 7, and 9;
256.7366; 256.737; 256.738; 256.7381; 256.7382; 256.7383;
256.7384; 256.7385; 256.7386; 256.7387; 256.7388; 256.739;
256.74, subdivisions 1, 1a, 1b, 2, and 6; 256.745; 256.75;
256.76, subdivision 1; 256.78; 256.80; 256.81; 256.84; 256.85;
256.86; 256.863; 256.871; and 256.879, are repealed effective
July 1, 1998.
(b) Minnesota Statutes 1996, section 256.736, subdivisions
16 and 18, are repealed effective June 30, 1997.
(c) From January 1, 1998, to March 31, 1998, the statutory
sections listed in paragraph (a) apply only in counties that
operate an MFIP field trial and that continue to provide project
STRIDE services to members of the MFIP comparison group, and in
those counties that have not completed conversion to MFIP-S
employment and training services.
(d) From April 1, 1998, through June 30, 1998, the sections
listed in paragraph (a) are effective only in counties that
operate an MFIP field trial and that continue to provide project
STRIDE services to members of the comparison group.
Sec. 75. [EFFECTIVE DATE.]
(a) Sections 2, 7, 8, 16, 32, 33, 60, 61, and 64 are
effective July 1, 1997.
(b) The remaining provisions of this article are effective
January 1, 1998, unless otherwise specified in the section.
ARTICLE 2
WORK FIRST PROGRAM PILOT PROJECTS
Section 1. [256K.01] [WORK FIRST PROGRAM.]
Subdivision 1. [CITATION.] Sections 256K.01 to 256K.09 may
be cited as the work first program.
Subd. 2. [DEFINITIONS.] As used in sections 256K.01 to
256K.09, the following words have the meanings given them.
(a) "Applicant" means an individual who has submitted a
request for assistance and has never received an AFDC, MFIP-S or
a family general assistance grant through the MAXIS computer
system as a caregiver, or an applicant whose AFDC, MFIP-S or
family general assistance application was denied or benefits
were terminated due to noncompliance with work first
requirements.
(b) "Application date" means the date any Minnesota county
agency receives a signed and dated combined application form
Part I.
(c) "CAF" means a combined application form on which people
apply for multiple assistance programs, including: cash
assistance, refugee cash assistance, Minnesota supplemental aid,
food stamps, medical assistance, general assistance medical
care, emergency assistance, emergency medical assistance, and
emergency general assistance medical care.
(d) "Caregiver" 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, MFIP-S, or family general
assistance grant. In a two-parent family, both parents are
caregivers.
(e) "Child support" means a voluntary or court-ordered
payment by absent parents in an assistance unit.
(f) "Commissioner" means the commissioner of human services.
(g) "Department" means the department of human services.
(h) "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.
(i) "EDP status report form" means a program form on which
deferred participants indicate what has been achieved in the
participant's employability development plan and the types of
problems encountered.
(j) "Employment advisor" means a program staff member 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.
(k) "Financial specialist" means a program staff member 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.
(l) "Job network" means individuals that a person may
contact to learn more about particular companies, inquire about
job leads, or discuss occupational interests and expertise.
(m) "Job search allowance" means the amount of financial
assistance needed to support job search.
(n) "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 job search process and other activities.
(o) "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.
(p) "Participant" means a recipient who is required to
participate in the work first program.
(q) "Program" means the work first program.
(r) "Provider" means an employment and training agency
certified by the commissioner of economic security under section
268.871, subdivision 1.
(s) "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.
(t) "Self-sufficiency agreement" means the agreement
between the county 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 county to
enable the individual to meet the purpose of either the job
search plan or employability development plan.
(u) "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, MFIP-S or family general assistance 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 individual'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. [DUTIES OF COMMISSIONER.] In addition to any
other duties imposed by law, the commissioner shall:
(1) establish the program according to sections 256K.01 to
256K.09 and allocate money as appropriate to pilot counties
participating in the program;
(2) provide systems development and staff training;
(3) accept and supervise the disbursement of any funds that
may be provided from other sources for use in the demonstration
program; and
(4) direct a study to safeguard the interests of children.
Subd. 7. [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, according to subdivision 4; and
(3) ensure that program components such as client
orientation, immediate job search, job development, creation of
temporary public service jobs, job placements, and postplacement
follow-up are implemented according to the work first program.
Subd. 8. [DUTIES OF PARTICIPANT.] To be eligible for an
AFDC, MFIP-S or family general assistance benefit, a participant
shall cooperate with the county agency, the provider, and the
participant's employer in all aspects of the program.
Sec. 2. [256K.015] [ELIGIBILITY FOR WORK FIRST.]
To be eligible for work first, an applicant must meet the
eligibility requirements of AFDC or MFIP-S, whichever is in
effect in the county, to the extent that those requirements are
not inconsistent with this chapter.
Sec. 3. [256K.02] [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, MFIP-S, or family general
assistance program 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
recipient, unless it is used as a wage subsidy under section
256K.04, subdivision 2.
Sec. 4. [256K.03] [PROGRAM REQUIREMENTS.]
Subdivision 1. [NOTIFICATION OF PROGRAM.] Except for the
provisions in this section, the provisions for the AFDC, MFIP-S,
and family general assistance application process shall be
followed. Within two days after receipt of a completed combined
application form, the county agency must refer to the provider
the applicant who meets the conditions under section 256K.02,
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 county 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 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 job search plan or the
employability development plan under subdivision 8, the
financial specialist must interview the applicant to determine
eligibility for and the extent of benefits under sections
256K.06 and 256K.07 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 exempt under subdivision 5 or deferred under
subdivision 8. 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.] (a) The applicant will be
exempt from the job search requirements and development of a job
search plan and an employability development plan under
subdivisions 3, 4, and 8 if the applicant belongs to any of the
following groups:
(1) caregivers 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) caregivers 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) caregivers or other caregiver 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;
(10) 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;
(11) individuals under such duress that they are incapable
of participating in the program, as determined by the county
social worker; or
(12) individuals in need of refresher courses for purposes
of obtaining professional certification or licensure.
(b) In a two-parent family, only one caregiver may be
exempted under paragraph (a), clauses (4) and (6).
Subd. 6. [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. 7. [JOB SEARCH PLAN STATUS REPORT.] The applicant or
participant must submit a completed job search plan 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. 8. [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 employability
development plan instead of job search, and concurrently work
for at least 16 hours per week in a temporary public service
job. The employability development plan 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 employability development plan instead of a job
search, and concurrently work for a minimum number of hours per
week in a temporary public service job. The employability
development plan 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 clause, 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 employability development plan instead of a
job search plan, and immediately follow through with the
activities in the employability development plan. The
employability development plan must include specific outcomes
that the applicant must achieve for the duration of the
employability development plan and activities which are needed
to address the issues identified. Under this clause, the
applicant may be deferred for up to eight weeks.
Subd. 9. [EDP STATUS REPORT.] The participant who is
deferred from job search under subdivision 8 must submit a
completed employability development plan 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. 10. [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
county 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. 11. [DUTY TO REPORT.] The participant must
immediately inform the provider regarding any changes related to
the participant's employment status.
Subd. 12. [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, MFIP-S or family general assistance
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 monthly grant amount which the participant would otherwise
receive, 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 who is deferred under subdivision 8, 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 8, 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 256K.05.
Sec. 5. [256K.04] [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
the AFDC, MFIP-S or family general assistance benefit 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. 6. [256K.05] [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 256K.03, subdivision 8. 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 who (1) 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 (2) does not earn a net income from
self-employment that is equal to at least the AFDC, MFIP-S or
family general assistance 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 256K.03, subdivision 12. The
participant that is deferred under section 256K.03, subdivision
8, 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 provider, the participant who is working in a
temporary public service job under section 256K.03, subdivision
12, may be required to continue to look for a job for up to
eight hours per week in addition to working. The participant
who is working at least 20 hours per week but less than 32 hours
per week in a nonsubsidized or subsidized job may be required to
look for a job for up to 20 hours per week in lieu of work in
the temporary public service job so that the total hours of work
and job search is not more than 40 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 purposes of this subdivision, "excused absence"
means absence due to temporary illness or injury of the
caregiver or a member of the caregiver's family, the
unavailability of appropriate child care or unavailability of
transportation needed to go to and from the work site, a job
interview, or a nonmedical emergency. For 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 this state, 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, provided 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 requirements of the work first
program, the applicant or recipient will not be eligible for
MFIP-S in this state for at least six months from the date of
the move.
Sec. 7. [256K.06] [TRANSITIONAL BENEFITS TO SUPPORT WORK;
RENT AND UTILITIES VENDOR PAYMENT.]
Payments for rent and utilities up to the amount of AFDC,
MFIP-S, or family general assistance 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, MFIP-S, or
family general assistance recipient, unless it is used as a wage
subsidy under section 256K.04, subdivision 2. This provision
shall apply to all applicants including those meeting the
exemption categories under section 256K.03, subdivision 5, or
deferral categories under section 256K.03, subdivision 8. 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 plan.
Sec. 8. [256K.07] [ELIGIBILITY FOR FOOD STAMPS, MEDICAL
ASSISTANCE, AND CHILD CARE.]
The participant shall be treated as an AFDC, MFIP-S or
family general assistance recipient, whichever is applicable,
for food stamps, medical assistance, and child care eligibility
purposes. The participant who leaves the program as a result of
increased earnings from employment shall be eligible for
transitional Medical Assistance and child care without regard to
AFDC, MFIP-S or family general assistance receipt in three of
the six months preceding ineligibility.
Sec. 9. [256K.08] [SANCTIONS AND APPEAL PROCESS.]
Subdivision 1. [GOOD CAUSE.] (a) For purposes 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 appropriate child care or
unavailability of transportation needed to attend orientation or
conduct job search, or a nonmedical emergency as defined under
section 256K.05, subdivision 5.
(b) The applicant who is required, but fails, without good
cause, to participate in orientation, complete the job search
plan or employability development plan, and comply with the job
search requirements under section 256K.03, prior to being
eligible for AFDC, MFIP-S or family general assistance shall be
denied benefits. The applicant will not be eligible for
benefits in this state for at least six months.
(c) 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.
(d) If the participant who is deferred under section
256K.03, subdivision 8, fails to comply with the activities
described in the employability development plan, the participant
will lose the deferment status, provided that the participant
has received at least two written warnings from the provider.
(e) 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 MFIP-S 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 the notice
before a sanction is imposed.
Sec. 10. [256K.09] [FUNDING.]
Subdivision 1. [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. 2. [EMPLOYER REIMBURSEMENT.] The employer shall be
reimbursed for wages paid to participants under Minnesota
Statutes, section 256K.04, subdivision 2.
Sec. 11. [REPEALER.]
Minnesota Statutes 1996, sections 256.7351; 256.7352;
256.7353; 256.7354; 256.7355; 256.7356; 256.7357; 256.7358; and
256.7359, are repealed.
Sec. 12. [EFFECTIVE DATE.]
Article 2 is effective July 1, 1997.
ARTICLE 3
ASSISTANCE PROGRAM CHANGES
Section 1. Minnesota Statutes 1996, section 256.031, is
amended by adding a subdivision to read:
Subd. 6. [END OF FIELD TRIALS.] Upon agreement with the
federal government, the field trials of the Minnesota family
investment plan will end June 30, 1998. Families in the
comparison group under subdivision 3, paragraph (d), clause (i),
receiving aid to families with dependent children under sections
256.72 to 256.87, and STRIDE services under section 256.736 will
continue in those programs until June 30, 1998. After June 30,
1998, families who cease receiving assistance under the
Minnesota family investment plan and comparison group families
who cease receiving assistance under AFDC and STRIDE who are
eligible for the Minnesota family investment program-statewide
(MFIP-S), medical assistance, general assistance medical care,
or the food stamp program shall be placed with their consent on
the programs for which they are eligible.
Sec. 2. Minnesota Statutes 1996, section 256.033,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY CONDITIONS.] (a) A family is
entitled to assistance under the Minnesota family investment
plan if the family is assigned to a test group in the evaluation
as provided in section 256.031, subdivision 3, paragraph (d),
and:
(1) the family meets the definition of assistance unit
under section 256.032, subdivision 1a;
(2) the family's resources not excluded under subdivision 3
do not exceed $2,000;
(3) the family can verify citizenship or lawful resident
alien status; and
(4) the family provides or applies for a social security
number for each member of the family receiving assistance under
the family investment plan.
(b) A family is eligible for the family investment plan if
the net income is less than the transitional standard as defined
in section 256.032, subdivision 13, for that size and
composition of family. In determining available net income, the
provisions in subdivision 2 shall apply.
(c) Upon application, a family is initially eligible for
the family investment plan if the family's gross income does not
exceed the applicable transitional standard of assistance for
that family as defined under section 256.032, subdivision 13,
after deducting:
(1) 18 percent to cover taxes; and
(2) actual dependent care costs up to the maximum
disregarded under United States Code, title 42, section
602(a)(8)(A)(iii); and
(3) $50 of child support collected in that month.
(d) A family can remain eligible for the program if:
(1) it meets the conditions in subdivision 1a; and
(2) its income is below the transitional standard in
section 256.032, subdivision 13, allowing for income exclusions
in subdivision 2 and after applying the family investment plan
treatment of earnings under subdivision 1a.
Sec. 3. Minnesota Statutes 1996, section 256.033,
subdivision 1a, is amended to read:
Subd. 1a. [TREATMENT OF INCOME FOR THE PURPOSES OF
CONTINUED ELIGIBILITY.] To help families during their transition
from the Minnesota family investment plan to self-sufficiency,
the following income supports are available:
(a) The $30 and one-third and $90 disregards allowed under
section 256.74, subdivision 1, and the 20 percent earned income
deduction allowed under the federal Food Stamp Act of 1977, as
amended, are replaced with a single disregard of not less than
35 percent of gross earned income to cover taxes and other
work-related expenses and to reward the earning of income. This
single disregard is available for the entire time a family
receives assistance through the Minnesota family investment plan.
(b) The dependent care deduction, as prescribed under
section 256.74, subdivision 1, and United States Code, title 7,
section 2014(e), is replaced for families with earned income who
need assistance with dependent care with an entitlement to a
dependent care subsidy from money appropriated for the Minnesota
family investment plan.
(c) The family wage level, as defined in section 256.032,
subdivision 8, allows families to supplement earned income with
assistance received through the Minnesota family investment
plan. If, after earnings are adjusted according to the
disregard described in paragraph (a), earnings have raised
family income to a level equal to or greater than the family
wage level, the amount of assistance received through the
Minnesota family investment plan must be reduced.
(d) The first $50 of any timely support payment for a month
received by the public agency responsible for child support
enforcement shall be paid to the family and disregarded in
determining eligibility and the amount of assistance in
accordance with United States Code, title 42, sections
602(a)(8)(A)(vi) and 657(b)(1). This paragraph applies
regardless of whether the caregiver is in transitional status,
is exempt from developing or complying with the terms of a
family support agreement, or has had a sanction imposed under
subdivision 3.
Sec. 4. Minnesota Statutes 1996, 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 and
(3) after the county agency assures the availability of
employment and training services for recipients identified under
clauses (1) and (2), and to the extent of available resources,
any other AFDC recipient.
(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. 5. Minnesota Statutes 1996, section 256.74,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT.] The amount of assistance which
shall be granted to or on behalf of any dependent child and
parent or other needy eligible relative caring for the dependent
child shall be determined by the county agency in accordance
with according to rules promulgated by the commissioner and
shall be sufficient, when added to all other income and support
available to the child, to provide the child with a reasonable
subsistence compatible with decency and health. To the extent
permissible under federal law, an eligible relative caretaker or
parent shall have the option to include in the assistance unit
the needs, income, and resources of the following essential
persons who are not otherwise eligible for AFDC because they do
not qualify as a caretaker or as a dependent child:
(1) a parent or relative caretaker's spouse and
stepchildren; or
(2) blood or legally adopted relatives who are under the
age of 18 or under the age of 19 years who are regularly
attending as a full-time student, and are expected to complete
before or during the month of their 19th birthday, a high school
or secondary level course of vocational or technical training
designed to prepare students for gainful employment. The amount
shall be based on the method of budgeting required in Public Law
Number 97-35, section 2315, United States Code, title 42,
section 602, as amended and federal regulations at Code of
Federal Regulations, title 45, section 233. Nonrecurring lump
sum income received by an AFDC family must be budgeted in the
normal retrospective cycle. When the family's income, after
application of the applicable disregards, exceeds the need
standard for the family because of receipt of earned or unearned
lump sum income, the family will be ineligible for the full
number of months derived by dividing the sum of the lump sum
income and other income by the monthly need standard for a
family of that size. Any income remaining from this calculation
is income in the first month following the period of
ineligibility. The first month of ineligibility is the payment
month that corresponds with the budget month in which the lump
sum income was received. For purposes of applying the lump sum
provision, family includes those persons defined in the Code of
Federal Regulations, title 45, section 233.20(a)(3)(ii)(F). A
period of ineligibility must be shortened when the standard of
need increases and the amount the family would have received
also changes, an amount is documented as stolen, an amount is
unavailable because a member of the family left the household
with that amount and has not returned, an amount is paid by the
family during the period of ineligibility to cover a cost that
would otherwise qualify for emergency assistance, or the family
incurs and pays for medical expenses which would have been
covered by medical assistance if eligibility existed. In making
its determination the county agency shall disregard the
following from family income:
(1) all the earned income of each dependent child applying
for AFDC if the child is a full-time student and all of the
earned income of each dependent child receiving AFDC who is a
full-time student or is a part-time student who is not a
full-time employee. A student is one who is attending a school,
college, or university, or a course of vocational or technical
training designed to fit students for gainful employment and
includes a participant in the Job Corps program under the Job
Training Partnership Act (JTPA). The county agency shall also
disregard all income of each dependent child applying for or
receiving AFDC when the income is derived from a program carried
out under JTPA, except that disregard of earned income may not
exceed six months per calendar year;
(2) all educational assistance, except the county agency
shall count graduate student teaching assistantships,
fellowships, and other similar paid work as earned income and,
after allowing deductions for any unmet and necessary
educational expenses, shall count scholarships or grants awarded
to graduate students that do not require teaching or research as
unearned income;
(3) the first $90 of each individual's earned income. For
self-employed persons, the expenses directly related to
producing goods and services and without which the goods and
services could not be produced shall be disregarded
pursuant according to rules promulgated by the commissioner;
(4) thirty dollars plus one-third of each individual's
earned income for individuals found otherwise eligible to
receive aid or who have received aid in one of the four months
before the month of application. With respect to any month, the
county welfare agency shall not disregard under this clause any
earned income of any person who has: (a) reduced earned income
without good cause within 30 days preceding any month in which
an assistance payment is made; (b) refused without good cause to
accept an offer of suitable employment; (c) left employment or
reduced earnings without good cause and applied for assistance
so as to be able later to return to employment with the
advantage of the income disregard; or (d) (c) failed without
good cause to make a timely report of earned income in
accordance with according to rules promulgated by the
commissioner of human services. Persons who are already
employed and who apply for assistance shall have their needs
computed with full account taken of their earned and other
income. If earned and other income of the family is less than
need, as determined on the basis of public assistance standards,
the county agency shall determine the amount of the grant by
applying the disregard of income provisions. The county agency
shall not disregard earned income for persons in a family if the
total monthly earned and other income exceeds their needs,
unless for any one of the four preceding months their needs were
met in whole or in part by a grant payment. The disregard of
$30 and one-third of earned income in this clause shall be
applied to the individual's income for a period not to exceed
four consecutive months. Any month in which the individual
loses this disregard because of the provisions of subclauses (a)
to (d) shall be considered as one of the four months. An
additional $30 work incentive must be available for an
eight-month period beginning in the month following the last
month of the combined $30 and one-third work incentive. This
period must be in effect whether or not the person has earned
income or is eligible for AFDC. To again qualify for the earned
income disregards under this clause, the individual must not be
a recipient of aid for a period of 12 consecutive months. When
an assistance unit becomes ineligible for aid due to the fact
that these disregards are no longer applied to income, the
assistance unit shall be eligible for medical assistance
benefits for a 12-month period beginning with the first month of
AFDC ineligibility;
(5) an amount equal to the actual expenditures for the care
of each dependent child or incapacitated individual living in
the same home and receiving aid, not to exceed: (a) $175 for
each individual age two and older, and $200 for each individual
under the age of two. The dependent care disregard must be
applied after all other disregards under this subdivision have
been applied;
(6) the first $50 per assistance unit of the monthly
support obligation collected by the support and recovery (IV-D)
unit. The first $50 of periodic support payments collected by
the public authority responsible for child support enforcement
from a person with a legal obligation to pay support for a
member of the assistance unit must be paid to the assistance
unit within 15 days after the end of the month in which the
collection of the periodic support payments occurred and must be
disregarded when determining the amount of assistance. A review
of a payment decision under this clause must be requested within
30 days after receiving the notice of collection of assigned
support or within 90 days after receiving the notice if good
cause can be shown for not making the request within the 30-day
limit;
(7) that portion of an insurance settlement earmarked and
used to pay medical expenses, funeral and burial costs, or to
repair or replace insured property; and
(8) (7) all earned income tax credit payments received by
the family as a refund of federal income taxes or made as
advance payments by an employer.
All payments made pursuant according to a court order for
the support of children not living in the assistance unit's
household shall be disregarded from the income of the person
with the legal obligation to pay support, provided that, if
there has been a change in the financial circumstances of the
person with the legal obligation to pay support since the
support order was entered, the person with the legal obligation
to pay support has petitioned for a modification of the support
order.
Sec. 6. Minnesota Statutes 1996, section 256.74, is
amended by adding a subdivision to read:
Subd. 1c. [MFIP AND MFIP-R COMPARISON GROUP
FAMILIES.] Notwithstanding subdivision 1, the limitations of
this subdivision apply to MFIP and MFIP-R comparison group
families under sections 256.031 to 256.0361. The disregard of
thirty dollars plus one-third of earned income in this
subdivision shall be applied to the individual's income for a
period not to exceed four consecutive months. Any month in
which the individual loses this disregard because of the
provisions of subclauses (a) to (c) of subdivision 1 shall be
considered as one of the four months. An additional $30 work
incentive must be available for an eight month period beginning
in the month following the last month of the combined $30 and
one-third work incentive. This period must be in effect whether
or not the person has earned income or is eligible for AFDC. To
again qualify for the earned income disregards under this
subdivision, the individual must not be a recipient of and for a
period of 12 consecutive months. When an assistance unit
becomes ineligible for aid due to the fact that these disregards
are no longer applied to income, the assistance unit shall be
eligible for medical assistance benefits for a 12 month period
beginning with the first month of AFDC ineligibility.
Sec. 7. Minnesota Statutes 1996, 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 in the form of a warrant
immediately redeemable in cash, electronic benefits transfer, or
by direct deposit into the recipient's account in a financial
institution, 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
utility deposit or 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. 8. Minnesota Statutes 1996, section 256.82,
subdivision 2, is amended to read:
Subd. 2. [FOSTER CARE MAINTENANCE PAYMENTS.]
Notwithstanding subdivision 1, for the purposes of foster care
maintenance payments under Title IV-E of the federal Social
Security Act, United States Code, title 42, sections 670 to 676,
during the period beginning July 1, 1985, and ending December
31, 1985, the county paying the maintenance costs shall be
reimbursed for the costs from those federal funds available for
that purpose together with an amount of state funds equal to a
percentage of the difference between the total cost and the
federal funds made available for payment. This percentage shall
not exceed the percentage specified in subdivision 1 for the aid
to families with dependent children program. In the event that
the state appropriation for this purpose is less than the state
percentage set in subdivision 1, the reimbursement shall be
ratably reduced to the county. Beginning January 1, 1986, for
the purpose of foster care maintenance payments under Title IV-E
of the Social Security Act, United States Code, title 42,
sections 670 to 676, the county paying the maintenance costs
must be reimbursed for the costs from the federal money
available for the purpose. Beginning July 1, 1997, for the
purposes of determining a child's eligibility under title IV-E
of the Social Security Act, the placing agency shall use AFDC
requirements in effect on June 1, 1995.
Sec. 9. Minnesota Statutes 1996, section 256.9354, is
amended by adding a subdivision to read:
Subd. 8. [SPONSOR'S INCOME AND RESOURCES DEEMED
AVAILABLE.] When determining eligibility for any federal or
state benefits under sections 256.9351 to 256.9363 and 256.9366
to 256.9369, the income and resources of all noncitizens whose
sponsor signed an affidavit of support as defined under the
United State Code, title 8, section 1183a shall be deemed to
include their sponsors' income and resources as defined in the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996, title IV, Public Law Number 104-193, sections 421 and
422.
Sec. 10. Minnesota Statutes 1996, section 256B.055,
subdivision 3, is amended to read:
Subd. 3. [AFDC FAMILIES.] Until March 31, 1998, medical
assistance may be paid for a person who is eligible for or
receiving, or who would be eligible for, except for excess
income or assets, public assistance under the aid to families
with dependent children program in effect as of July 16, 1996,
as required by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193.
Sec. 11. Minnesota Statutes 1996, section 256B.055, is
amended by adding a subdivision to read:
Subd. 3a. [MFIP-S FAMILIES; FAMILIES ELIGIBLE UNDER PRIOR
AFDC RULES.] (a) Beginning January 1, 1998, or on the date that
MFIP-S is implemented in counties, medical assistance may be
paid for a person receiving public assistance under the MFIP-S
program.
(b) Beginning January 1, 1998, medical assistance may be
paid for a person who would have been eligible for public
assistance under the income and resource standards and
deprivation requirements, or who would have been eligible but
for excess income or assets, under the state's AFDC plan in
effect as of July 16, 1996, as required by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA), Public Law Number 104-193.
Sec. 12. Minnesota Statutes 1996, section 256B.055,
subdivision 5, is amended to read:
Subd. 5. [PREGNANT WOMEN; DEPENDENT UNBORN CHILD.] Medical
assistance may be paid for a pregnant woman who has written
verification of a positive pregnancy test from a physician or
licensed registered nurse, who meets the other eligibility
criteria of this section and who would be categorically eligible
for assistance under the aid to families with dependent children
program state's AFDC plan in effect as of July 16, 1996, as
required by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193,
if the child had been born and was living with the woman. For
purposes of this subdivision, a woman is considered pregnant for
60 days postpartum.
Sec. 13. Minnesota Statutes 1996, section 256B.056,
subdivision 1a, is amended to read:
Subd. 1a. [INCOME AND ASSETS GENERALLY.] Unless
specifically required by state law or rule or federal law or
regulation, the methodologies used in counting income and assets
to determine eligibility for medical assistance for persons
whose eligibility category is based on blindness, disability, or
age of 65 or more years, the methodologies for the supplemental
security income program shall be used, except that payments made
pursuant according to a court order for the support of children
shall be excluded from income in an amount not to exceed the
difference between the applicable income standard used in the
state's medical assistance program for aged, blind, and disabled
persons and the applicable income standard used in the state's
medical assistance program for families with children.
Exclusion of court-ordered child support payments is subject to
the condition that if there has been a change in the financial
circumstances of the person with the legal obligation to pay
support since the support order was entered, the person with the
legal obligation to pay support has petitioned for modification
of the support order. For families and children, which includes
all other eligibility categories, the methodologies for the aid
to families with dependent children program under section 256.73
under the state's AFDC plan in effect as of July 16, 1996, as
required by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193,
shall be used. Effective upon federal approval, in-kind
contributions to, and payments made on behalf of, a recipient,
by an obligor, in satisfaction of or in addition to a temporary
or permanent order for child support or maintenance, shall be
considered income to the recipient. For these purposes, a
"methodology" does not include an asset or income standard, or
accounting method, or method of determining effective dates.
Sec. 14. Minnesota Statutes 1996, section 256B.056,
subdivision 3, is amended to read:
Subd. 3. [ASSET LIMITATIONS.] To be eligible for medical
assistance, a person must not individually own more than $3,000
in assets, or if a member of a household with two family
members, (husband and wife, or parent and child), the household
must not own more than $6,000 in assets, plus $200 for each
additional legal dependent. In addition to these maximum
amounts, an eligible individual or family may accrue interest on
these amounts, but they must be reduced to the maximum at the
time of an eligibility redetermination. The accumulation of the
clothing and personal needs allowance pursuant according to
section 256B.35 must also be reduced to the maximum at the time
of the eligibility redetermination. The value of assets that
are not considered in determining eligibility for medical
assistance is the value of those assets that are excluded by the
aid to families with dependent children program excluded under
the AFDC state plan as of July 16, 1996, as required by the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (PRWORA), Public Law Number 104-193, for families and
children, and the supplemental security income program for aged,
blind, and disabled persons, with the following exceptions:
(a) Household goods and personal effects are not considered.
(b) Capital and operating assets of a trade or business
that the local agency determines are necessary to the person's
ability to earn an income are not considered.
(c) Motor vehicles are excluded to the same extent excluded
by the supplemental security income program.
(d) Assets designated as burial expenses are excluded to
the same extent excluded by the supplemental security income
program.
Sec. 15. Minnesota Statutes 1996, section 256B.056,
subdivision 4, is amended to read:
Subd. 4. [INCOME.] To be eligible for medical assistance,
a person must not have, or anticipate receiving, semiannual
income in excess of 120 percent of the income standards by
family size used in under the aid to families with dependent
children program state plan as of July 16, 1996, as required by
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA), Public Law Number 104-193, except that
families and children may have an income up to 133-1/3 percent
of the AFDC income standard. In computing income to determine
eligibility of persons who are not residents of long-term care
facilities, the commissioner shall disregard increases in income
as required by Public Law Numbers 94-566, section 503; 99-272;
and 99-509. Veterans aid and attendance benefits are considered
income to the recipient.
Sec. 16. Minnesota Statutes 1996, section 256B.057,
subdivision 1, is amended to read:
Subdivision 1. [PREGNANT WOMEN AND INFANTS.] (a) An infant
less than one year of age or a pregnant woman who has written
verification of a positive pregnancy test from a physician or
licensed registered nurse, is eligible for medical assistance if
countable family income is equal to or less than 275 percent of
the federal poverty guideline for the same family size. For
purposes of this subdivision, "countable family income" means
the amount of income considered available using the methodology
of the AFDC program under the state's AFDC plan as of July 16,
1996, as required by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA), Public Law
Number 104-193, except for the earned income disregard and
employment deductions. An amount equal to the amount of earned
income exceeding 275 percent of the federal poverty guideline,
up to a maximum of the amount by which the combined total of 185
percent of the federal poverty guideline plus the earned income
disregards and deductions of the AFDC program under the state's
AFDC plan as of July 16, 1996, as required by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA), Public Law Number 104-193, exceeds 275 percent of the
federal poverty guideline will be deducted for pregnant women
and infants less than one year of age. Eligibility for a
pregnant woman or infant less than one year of age under this
subdivision must be determined without regard to asset standards
established in section 256B.056, subdivision 3.
(b) An infant born on or after January 1, 1991, to a woman
who was eligible for and receiving medical assistance on the
date of the child's birth shall continue to be eligible for
medical assistance without redetermination until the child's
first birthday, as long as the child remains in the woman's
household.
Sec. 17. Minnesota Statutes 1996, section 256B.057,
subdivision 1b, is amended to read:
Subd. 1b. [PREGNANT WOMEN AND INFANTS; EXPANSION.] (a)
This subdivision supersedes subdivision 1 as long as the
Minnesota health care reform waiver remains in effect. When the
waiver expires, the commissioner of human services shall publish
a notice in the State Register and notify the revisor of
statutes. An infant less than two years of age or a pregnant
woman who has written verification of a positive pregnancy test
from a physician or licensed registered nurse, is eligible for
medical assistance if countable family income is equal to or
less than 275 percent of the federal poverty guideline for the
same family size. For purposes of this subdivision, "countable
family income" means the amount of income considered available
using the methodology of the AFDC program under the state's AFDC
plan as of July 16, 1996, as required by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA), Public Law Number 104-193, except for the earned
income disregard and employment deductions. An amount equal to
the amount of earned income exceeding 275 percent of the federal
poverty guideline, up to a maximum of the amount by which the
combined total of 185 percent of the federal poverty guideline
plus the earned income disregards and deductions of the AFDC
program under the state's AFDC plan as of July 16, 1996, as
required by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193,
exceeds 275 percent of the federal poverty guideline will be
deducted for pregnant women and infants less than two years of
age. Eligibility for a pregnant woman or infant less than two
years of age under this subdivision must be determined without
regard to asset standards established in section 256B.056,
subdivision 3.
(b) An infant born on or after January 1, 1991, to a woman
who was eligible for and receiving medical assistance on the
date of the child's birth shall continue to be eligible for
medical assistance without redetermination until the child's
second birthday, as long as the child remains in the woman's
household.
Sec. 18. Minnesota Statutes 1996, section 256B.057,
subdivision 2b, is amended to read:
Subd. 2b. [NO ASSET TEST FOR CHILDREN AND THEIR PARENTS;
EXPANSION.] This subdivision supersedes subdivision 2a as long
as the Minnesota health care reform waiver remains in effect.
When the waiver expires, this subdivision expires and the
commissioner of human services shall publish a notice in the
State Register and notify the revisor of statutes. Eligibility
for medical assistance for a person under age 21, and the
person's parents or relative caretakers as defined in the aid to
families with dependent children program according to chapter
256, who are eligible under section 256B.055, subdivision
3 under the state's AFDC plan in effect as of July 16, 1996, as
required by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), Public Law Number 104-193,
and who live in the same household as the person eligible under
age 21, must be determined without regard to asset standards
established in section 256B.056.
Sec. 19. Minnesota Statutes 1996, section 256B.06,
subdivision 4, is amended to read:
Subd. 4. [CITIZENSHIP REQUIREMENTS.] (a) Eligibility for
medical assistance is limited to citizens of the United
States and aliens lawfully admitted for permanent residence or
otherwise permanently residing in the United States under the
color of law. Aliens who are seeking legalization under the
Immigration Reform and Control Act of 1986, Public Law Number
99-603, who are under age 18, over age 65, blind, disabled, or
Cuban or Haitian, and who meet the eligibility requirements of
medical assistance under subdivision 1 and sections 256B.055 to
256B.062 are eligible to receive medical assistance. Pregnant
women who are aliens seeking legalization under the Immigration
Reform and Control Act of 1986, Public Law Number 99-603, and
who meet the eligibility requirements of medical assistance
under subdivision 1 are eligible for payment of care and
services through the period of pregnancy and six weeks
postpartum. Payment shall also be made for care and services
that are furnished to an alien, regardless of immigration
status, who otherwise meets the eligibility requirements of this
section if such care and services are necessary for the
treatment of an emergency medical condition, except for organ
transplants and related care and services. For purposes of this
subdivision, the term "emergency medical condition" means a
medical condition, including labor and delivery, that if not
immediately treated could cause a person physical or mental
disability, continuation of severe pain, or death., qualified
noncitizens as defined in this subdivision, and other persons
residing lawfully in the United States.
(b) "Qualified noncitizen" means a person who meets one of
the following immigration criteria:
(1) admitted for lawful permanent residence according to
United States Code, title 8;
(2) admitted to the United States as a refugee according to
United States Code, title 8, section 1157;
(3) granted asylum according to United States Code, title
8, section 1158;
(4) granted withholding of deportation according to United
States Code, title 8, section 1253(h);
(5) paroled for a period of at least one year according to
United States Code, title 8, section 1182(d)(5);
(6) granted conditional entrant status according to United
States Code, title 8, section 1153(a)(7); or
(7) determined to be a battered noncitizen by the United
States Attorney General according to the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, title V of the
Omnibus Consolidated Appropriations Bill, Public Law Number
104-200.
(c) All qualified noncitizens who were residing in the
United States before August 22, 1996, who otherwise meet the
eligibility requirements of chapter 256B, are eligible for
medical assistance with federal financial participation.
(d) All qualified noncitizens who entered the United States
on or after August 22, 1996, and who otherwise meet the
eligibility requirements of chapter 256B, are eligible for
medical assistance with federal financial participation through
November 30, 1996.
Beginning December 1, 1996, qualified noncitizens who
entered the United States on or after August 22, 1996, and who
otherwise meet the eligibility requirements of chapter 256B are
eligible for medical assistance with federal participation for
five years if they meet one of the following criteria:
(i) refugees admitted to the United States according to
United States Code, title 8, section 1157;
(ii) persons granted asylum according to United States
Code, title 8, section 1158;
(iii) persons granted withholding of deportation according
to United States code, title 8, section 1253(h);
(iv) veterans of the United States Armed Forces with an
honorable discharge for a reason other than noncitizen status,
their spouses and unmarried minor dependent children; or
(v) persons on active duty in the United States Armed
Forces, other than for training, their spouses and unmarried
minor dependent children.
Beginning December 1, 1996, qualified noncitizens who do
not meet one of the criteria in items (i) to (v) are eligible
for medical assistance without federal financial participation
as described in paragraph (j).
(e) Noncitizens who are not qualified noncitizens as
defined in paragraph (b), who are lawfully residing in the
United States and who otherwise meet the eligibility
requirements of chapter 256B, are eligible for medical
assistance under clauses (1) to (3). These individuals must
cooperate with the Immigration and Naturalization Service to
pursue any applicable immigration status, including citizenship,
that would qualify them for medical assistance with federal
financial participation.
(1) Persons who were medical assistance recipients on
August 22, 1996, are eligible for medical assistance with
federal financial participation through December 31, 1996.
(2) Beginning January 1, 1997, persons described in clause
(1) are eligible for medical assistance without federal
financial participation as described in paragraph (j).
(3) Beginning December 1, 1996, persons residing in the
United States prior to August 22, 1996, who were not receiving
medical assistance and persons who arrived on or after August
22, 1996, are eligible for medical assistance without federal
financial participation as described in paragraph (j).
(f) Nonimmigrants who otherwise meet the eligibility
requirements of chapter 256B are eligible for the benefits as
provided in paragraphs (g) to (i). For purposes of this
subdivision, a "nonimmigrant" is a person in one of the classes
listed in United States Code, title 8, section 1101(a)(15).
(g) Payment shall also be made for care and services that
are furnished to noncitizens, regardless of immigration status,
who otherwise meet the eligibility requirements of chapter 256B,
if such care and services are necessary for the treatment of an
emergency medical condition, except for organ transplants and
related care and services and routine prenatal care.
(h) For purposes of this subdivision, the term "emergency
medical condition" means a medical condition that meets the
requirements of United States Code, title 42, section 1396b(v).
(i) Pregnant noncitizens who are undocumented or
nonimmigrants, who otherwise meet the eligibility requirements
of chapter 256B, are eligible for medical assistance payment
without federal financial participation for care and services
through the period of pregnancy, and 60 days postpartum, except
for labor and delivery.
(j) Qualified noncitizens as described in paragraph (d),
and all other noncitizens lawfully residing in the United States
as described in paragraph (e), who are ineligible for medical
assistance with federal financial participation and who
otherwise meet the eligibility requirements of chapter 256B and
of this paragraph, are eligible for medical assistance without
federal financial participation. Qualified noncitizens as
described in paragraph (d) are only eligible for medical
assistance without federal financial participation for five
years from their date of entry into the United States.
(k) The commissioner shall submit to the legislature by
December 31, 1998, a report on the number of recipients and cost
of coverage of care and services made according to paragraphs
(i) and (j).
Sec. 20. Minnesota Statutes 1996, section 256B.06, is
amended by adding a subdivision to read:
Subd. 5. [DEEMING OF SPONSOR INCOME AND RESOURCES.] When
determining eligibility for any federal or state funded medical
assistance under this section, the income and resources of all
noncitizens shall be deemed to include their sponsors' income
and resources as required under the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, title IV, Public
Law Number 104-193, sections 421 and 422. This section is
effective the day following final enactment.
Sec. 21. Minnesota Statutes 1996, section 256B.062, is
amended to read:
256B.062 [CONTINUED ELIGIBILITY.]
Medical assistance may be paid for persons who received aid
to families with dependent children in at least three of the six
months preceding the month in which the person became ineligible
for aid to families with dependent children, if the
ineligibility was due to an increase in hours of employment or
employment income or due to the loss of an earned income
disregard. A person who is eligible for extended medical
assistance is entitled to six months of assistance without
reapplication, unless the assistance unit ceases to include a
dependent child. For a person under 21 years of age, medical
assistance may not be discontinued within the six-month period
of extended eligibility until it has been determined that the
person is not otherwise eligible for medical assistance.
Medical assistance may be continued for an additional six months
if the person meets all requirements for the additional six
months, according to Title XIX of the Social Security Act, as
amended by section 303 of the Family Support Act of 1988, Public
Law Number 100-485. This section is repealed effective March
31, 1998.
Sec. 22. [256B.0635] [CONTINUED ELIGIBILITY IN SPECIAL
CIRCUMSTANCES.]
Subdivision 1. [INCREASED EMPLOYMENT.] Beginning January
1, 1998, medical assistance may be paid for persons who received
MFIP-S or medical assistance for families and children in at
least three of six months preceding the month in which the
person became ineligible for MFIP-S or medical assistance, if
the ineligibility was due to an increase in hours of employment
or employment income or due to the loss of an earned income
disregard. In addition, to receive continued assistance under
this section, persons who received medical assistance for
families and children but did not receive MFIP-S must have had
income less than or equal to the assistance standard for their
family size under the state's AFDC plan in effect as of July 16,
1996, as required by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA), Public Law
Number 104-193, at the time medical assistance eligibility
began. A person who is eligible for extended medical assistance
is entitled to six months of assistance without reapplication,
unless the assistance unit ceases to include a dependent child.
For a person under 21 years of age, medical assistance may not
be discontinued within the six-month period of extended
eligibility until it has been determined that the person is not
otherwise eligible for medical assistance. Medical assistance
may be continued for an additional six months if the person
meets all requirements for the additional six months, according
to Title XIX of the Social Security Act, as amended by section
303 of the Family Support Act of 1988, Public Law Number 100-485.
Subd. 2. [INCREASED CHILD OR SPOUSAL SUPPORT.] Beginning
January 1, 1998, medical assistance may be paid for persons who
received MFIP-S or medical assistance for families and children
in at least three of the six months preceding the month in which
the person became ineligible for MFIP-S or medical assistance,
if the ineligibility was the result of the collection of child
or spousal support under part D of title IV. In addition, to
receive continued assistance under this section, persons who
received medical assistance for families and children but did
not receive MFIP-S must have had income less than or equal to
the assistance standard for their family size under the state's
AFDC plan in effect as of July 16, 1996, as required by the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (PRWORA), Public Law Number 104-193, at the time medical
assistance eligibility began. A person who is eligible for
extended medical assistance under this subdivision is entitled
to four months of assistance without reapplication, unless the
assistance unit ceases to include a dependent child. For a
person under 21 years of age, medical assistance may not be
discontinued within the four-month period of extended
eligibility until it has been determined that the person is not
otherwise eligible for medical assistance.
Sec. 23. Minnesota Statutes 1996, section 256D.01,
subdivision 1, is amended to read:
Subdivision 1. [POLICY.] The objectives of sections
256D.01 to 256D.21 are to provide a sound administrative
structure for public assistance programs; to maximize the use of
federal money for public assistance purposes; to provide an
integrated public assistance program for all persons eligible
households in the state without adequate income or resources to
maintain a subsistence reasonably compatible with decency and
health; and to provide services to help employable and
potentially employable persons prepare for and attain
self-sufficiency and obtain permanent work.
It is declared to be the policy of this state that persons
eligible households unable to provide for themselves and not
otherwise provided for by law and who meet the eligibility
requirements of sections 256D.01 to 256D.21 are entitled to
receive grants of general assistance necessary to maintain a
subsistence reasonably compatible with decency and health.
Providing this assistance is a matter of public concern and a
necessity in promoting the public health and welfare.
Sec. 24. Minnesota Statutes 1996, 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 single
adults, childless couples, or children as defined in section
256D.02, subdivision 6, 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, in effect on July 16,
1996, 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 in effect on July 16, 1996. 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.
Sec. 25. Minnesota Statutes 1996, section 256D.01,
subdivision 1e, is amended to read:
Subd. 1e. [RULES REGARDING EMERGENCY ASSISTANCE.] In order
to maximize the use of federal funds, The commissioner shall
adopt rules, to the extent permitted by federal law, for
eligibility for the emergency assistance program under aid to
families with dependent children, and under the terms of
sections 256D.01 to 256D.21 for general assistance, to require
use of the emergency program under aid to families with
dependent children or MFIP-S as the primary financial resource
when available. The commissioner shall adopt rules for
eligibility for general assistance of persons with seasonal
income and may attribute seasonal income to other periods not in
excess of one year from receipt by an applicant or recipient.
General assistance payments may not be made for foster care,
child welfare services, or other social services. Vendor
payments and vouchers may be issued only as authorized in
sections 256D.05, subdivision 6, and 256D.09.
Sec. 26. Minnesota Statutes 1996, section 256D.02,
subdivision 6, is amended to read:
Subd. 6. "Child" means an adult or minor child, a person
who qualifies for assistance under section 256D.05, subdivision
1, paragraph (a), clause (10), or until March 31, 1998, the
minor child of an individual.
Sec. 27. Minnesota Statutes 1996, section 256D.02,
subdivision 12a, is amended to read:
Subd. 12a. [RESIDENT.] (a) For purposes of eligibility for
general assistance and general assistance medical care, a person
must be a resident of this state.
(b) A "resident" is a person living in the state for at
least 30 days with the intention of making the person's home
here and not for any temporary purpose. Time spent in a shelter
for battered women shall count toward satisfying the 30-day
residency requirement. All applicants for these programs are
required to demonstrate the requisite intent and can do so in
any of the following ways:
(1) by showing that the applicant maintains a residence at
a verified address, other than a place of public accommodation.
An applicant may verify a residence address by presenting a
valid state driver's license, a state identification card, a
voter registration card, a rent receipt, a statement by the
landlord, apartment manager, or homeowner verifying that the
individual is residing at the address, or other form of
verification approved by the commissioner; or
(2) by verifying residence in accordance with according to
Minnesota Rules, part 9500.1219, subpart 3, item C.
(b) (c) An applicant who has been in the state for less
than 30 days shall be considered a resident if the applicant can
provide documentation:
(1) that the applicant was born in the state;
(2) that the applicant has been a long-time resident of the
state or was formerly a resident of the state for at least 365
days and is returning to the state from a temporary absence, as
those terms are defined in rules adopted by the commissioner;
(3) that the applicant has come to the state to join a
close relative which, for purposes of this subdivision, means a
parent, grandparent, brother, sister, spouse, or child; or
(4) that the applicant has come to this state to accept a
bona fide offer of employment for which the applicant is
eligible.
For general assistance medical care, a county agency shall
waive the 30-day residency requirement in cases of emergencies,
including medical emergencies, or where unusual hardship would
result from denial of general assistance medical care. For
general assistance, a county may shall waive the 30-day
residency requirement in cases of emergencies, including medical
emergencies, or where unusual hardship would result from denial
of general assistance. For purposes of this subdivision,
"unusual hardship" means the applicant is without shelter or is
without available resources for food.
The county agency must report to the commissioner within 30
days on any waiver granted under this section. The county shall
not deny an application solely because the applicant does not
meet at least one of the criteria in this subdivision, but shall
continue to process the application and leave the application
pending until the residency requirement is met or until
eligibility or ineligibility is established.
(d) For purposes of paragraph (c), the following
definitions apply (1) "metropolitan statistical area" is as
defined by the U.S. Census Bureau; (2) "shelter" includes any
shelter that is located within the metropolitan statistical area
containing the county and for which the applicant is eligible,
provided the applicant does not have to travel more than 20
miles to reach the shelter and has access to transportation to
the shelter. Clause (2) does not apply to counties in the
Minneapolis-St. Paul metropolitan statistical area.
(e) Migrant workers as defined in section 256J.08 and,
until March 31, 1998, their immediate families are exempt from
the 30-day residency requirement, provided the migrant worker
provides verification that the migrant family worked in this
state within the last 12 months and earned at least $1,000 in
gross wages during the time the migrant worker worked in this
state.
(f) For purposes of eligibility for emergency general
assistance, the 30-day residency requirement in paragraph (b)
shall not be waived.
(g) If any provision of this subdivision is enjoined from
implementation or found unconstitutional by any court of
competent jurisdiction, the remaining provisions shall remain
valid and shall be given full effect.
Sec. 28. [256D.024] [PERSONS PROHIBITED FROM RECEIVING
GENERAL ASSISTANCE, GENERAL ASSISTANCE MEDICAL CARE, MINNESOTA
SUPPLEMENTAL AID.]
Subdivision 1. [PERSON CONVICTED OF DRUG OFFENSES.] (a) If
an applicant has been convicted of a drug offense after July 1,
1997, the assistance unit is ineligible for benefits under this
chapter until five years after the applicant has completed terms
of the court-ordered sentence, unless the person is
participating in a drug treatment program, has successfully
completed a drug treatment program, or has been assessed by the
county and determined not to be in need of a drug treatment
program. Persons subject to the limitations of this subdivision
who become eligible for assistance under this chapter shall be
subject to random drug testing as a condition of continued
eligibility and shall lose eligibility for benefits for five
years beginning the month following:
(1) any positive test result for an illegal controlled
substance; or (2) discharge of sentence after conviction for
another drug felony.
(b) For the purposes of this subdivision, "drug offense"
means a conviction that occurred after July 1, 1997, of sections
152.021 to 152.025, 152.0261, or 152.096. Drug offense also
means a conviction in another jurisdiction of the possession,
use, or distribution of a controlled substance, or conspiracy to
commit any of these offenses, if the offense occurred after July
1, 1997, and the conviction is a felony offense in that
jurisdiction, or in the case of New Jersey, a high misdemeanor.
Subd. 2. [PAROLE VIOLATORS.] An individual violating a
condition of probation or parole or supervised release imposed
under federal law or the law of any state is ineligible to
receive benefits under this chapter.
Subd. 3. [FLEEING FELONS.] An individual who is fleeing to
avoid prosecution, or custody, or confinement after conviction
for a crime that is a felony under the laws of the jurisdiction
from which the individual flees, or in the case of New Jersey,
is a high misdemeanor, is ineligible to receive benefits under
this chapter.
Subd. 4. [DENIAL OF ASSISTANCE FOR TEN YEARS TO A PERSON
FOUND TO HAVE FRAUDULENTLY MISREPRESENTED RESIDENCY.] An
individual who is convicted in federal or state court of having
made a fraudulent statement or representation with respect to
the place of residence of the individual in order to receive
assistance simultaneously from two or more states is ineligible
to receive benefits under this chapter for ten years beginning
on the date of the conviction.
Sec. 29. Minnesota Statutes 1996, section 256D.03,
subdivision 3, is amended to read:
Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.]
(a) General assistance medical care may be paid for any person
who is not eligible for medical assistance under chapter 256B,
including eligibility for medical assistance based on a
spenddown of excess income according to section 256B.056,
subdivision 5, and:
(1) who is receiving assistance under section 256D.05, or
who is having a payment made on the person's behalf under
sections 256I.01 to 256I.06; or
(2)(i) who is a resident of Minnesota; and whose equity in
assets is not in excess of $1,000 per assistance unit. No asset
test shall be applied to children and their parents living in
the same household. Exempt assets, the reduction of excess
assets, and the waiver of excess assets must conform to the
medical assistance program in chapter 256B, with the following
exception: the maximum amount of undistributed funds in a trust
that could be distributed to or on behalf of the beneficiary by
the trustee, assuming the full exercise of the trustee's
discretion under the terms of the trust, must be applied toward
the asset maximum; and
(ii) who has countable income not in excess of the
assistance standards established in section 256B.056,
subdivision 4, or whose excess income is spent down pursuant
according to section 256B.056, subdivision 5, using a six-month
budget period, except that a one-month budget period must be
used for recipients residing in a long-term care facility. The
method for calculating earned income disregards and deductions
for a person who resides with a dependent child under age 21
shall be as specified in section 256.74, subdivision 1 follow
section 256B.056. However, if a disregard of $30 and one-third
of the remainder described in section 256.74, subdivision 1,
clause (4), has been applied to the wage earner's income, the
disregard shall not be applied again until the wage earner's
income has not been considered in an eligibility determination
for general assistance, general assistance medical care, medical
assistance, or aid to families with dependent children or MFIP-S
for 12 consecutive months. The earned income and work expense
deductions for a person who does not reside with a dependent
child under age 21 shall be the same as the method used to
determine eligibility for a person under section 256D.06,
subdivision 1, except the disregard of the first $50 of earned
income is not allowed; or
(3) who would be eligible for medical assistance except
that the person resides in a facility that is determined by the
commissioner or the federal health care financing administration
to be an institution for mental diseases.
(b) Eligibility is available for the month of application,
and for three months prior to application if the person was
eligible in those prior months. A redetermination of
eligibility must occur every 12 months.
(c) General assistance medical care is not available for a
person in a correctional facility unless the person is detained
by law for less than one year in a county correctional or
detention facility as a person accused or convicted of a crime,
or admitted as an inpatient to a hospital on a criminal hold
order, and the person is a recipient of general assistance
medical care at the time the person is detained by law or
admitted on a criminal hold order and as long as the person
continues to meet other eligibility requirements of this
subdivision.
(d) General assistance medical care is not available for
applicants or recipients who do not cooperate with the county
agency to meet the requirements of medical assistance.
(e) In determining the amount of assets of an individual,
there shall be included any asset or interest in an asset,
including an asset excluded under paragraph (a), that was given
away, sold, or disposed of for less than fair market value
within the 60 months preceding application for general
assistance medical care or during the period of eligibility.
Any transfer described in this paragraph shall be presumed to
have been for the purpose of establishing eligibility for
general assistance medical care, unless the individual furnishes
convincing evidence to establish that the transaction was
exclusively for another purpose. For purposes of this
paragraph, the value of the asset or interest shall be the fair
market value at the time it was given away, sold, or disposed
of, less the amount of compensation received. For any
uncompensated transfer, the number of months of ineligibility,
including partial months, shall be calculated by dividing the
uncompensated transfer amount by the average monthly per person
payment made by the medical assistance program to skilled
nursing facilities for the previous calendar year. The
individual shall remain ineligible until this fixed period has
expired. The period of ineligibility may exceed 30 months, and
a reapplication for benefits after 30 months from the date of
the transfer shall not result in eligibility unless and until
the period of ineligibility has expired. The period of
ineligibility begins in the month the transfer was reported to
the county agency, or if the transfer was not reported, the
month in which the county agency discovered the transfer,
whichever comes first. For applicants, the period of
ineligibility begins on the date of the first approved
application.
(f) When determining eligibility for any state benefits
under this subdivision, the income and resources of all
noncitizens shall be deemed to include their sponsor's income
and resources as defined in the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, title IV, Public Law
Number 104-193, sections 421 and 422.
(f) (g)(1) Beginning October 1, 1993, An undocumented alien
noncitizen or a nonimmigrant is ineligible for general
assistance medical care other than emergency services. For
purposes of this subdivision, a nonimmigrant is an individual in
one or more of the classes listed in United States Code, title
8, section 1101(a)(15), and an undocumented alien noncitizen is
an individual who resides in the United States without the
approval or acquiescence of the Immigration and Naturalization
Service.
(2) This subdivision paragraph does not apply to a child
under age 18, to a Cuban or Haitian entrant as defined in Public
Law Number 96-422, section 501(e)(1) or (2)(a), or to an alien a
noncitizen who is aged, blind, or disabled as defined in United
States Code, title 42, section 1382c(a)(1) Code of Federal
Regulations, title 42, sections 435.520, 435.530, 435.531,
435.540, and 435.541, who cooperates with the Immigration and
Naturalization Service to pursue any applicable immigration
status, including citizenship, that would qualify the individual
for medical assistance with federal financial participation.
(3) For purposes of paragraph (f), "emergency services" has
the meaning given in Code of Federal Regulations, title 42,
section 440.255(b)(1), except that it also means services
rendered because of suspected or actual pesticide poisoning.
(4) Notwithstanding any other provision of law, a
noncitizen who is ineligible for medical assistance due to the
deeming of a sponsor's income and resources, is ineligible for
general assistance medical care.
Sec. 30. Minnesota Statutes 1996, section 256D.05,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] (a) Each person or family
whose assistance unit with income and resources are less than
the standard of assistance established by the commissioner
and with a member who is a resident of the state shall be
eligible for and entitled to general assistance if the person or
family assistance unit 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 according 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 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, clause;
a person is considered employable if 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. 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 according to 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 and 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) until March 31, 1998, 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 four 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) until March 31, 1998, a family as defined in
section 256D.02, subdivision 5, which is ineligible for the aid
to families with dependent children program.
(ii) unless exempt under section 256D.051, subdivision 3a,
each adult in the unit must participate in and cooperate with
the food stamp employment and training program under section
256D.051 each month that the unit receives general assistance
benefits. The recipient's participation must begin no later
than 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 an 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;
(17) a person whose alcohol and drug addiction is a
material factor that contributes to the person's disability;
applicants who assert this clause as a basis for eligibility
must be assessed by the county agency to determine if they are
amenable to treatment; if the applicant is determined to be not
amenable to treatment, but is otherwise eligible for benefits,
then general assistance must be paid in vendor form, up to the
limit of the individual's shelter costs; if the applicant is
determined to be amenable to treatment, then in order to receive
benefits, the applicant must be in a treatment program or on a
waiting list and the benefits must be paid in vendor form, up to
the limit of the individual's shelter costs.
(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) (c) The burden of providing documentation for a county
agency to use to verify eligibility for general assistance or
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. 31. Minnesota Statutes 1996, section 256D.05,
subdivision 2, is amended to read:
Subd. 2. [USE OF FEDERAL FUNDS.] Effective March 31, 1998,
notwithstanding any law to the contrary, if any person a single
adult or childless couple otherwise eligible for general
assistance would, but for state statutory restriction or
limitation, be eligible for a funded federally aided assistance
program providing benefits equal to or greater than those of
general assistance, the person single adult or childless couple
shall be eligible for that federally aided program and
ineligible for general assistance; provided, however, that (a)
nothing in this section shall be construed to extend eligibility
for federally aided programs to persons not otherwise eligible
for general assistance; (b) this section shall not be effective
to the extent that federal law or regulation require new
eligibility for federal programs to persons not otherwise
eligible for general assistance; and (c) nothing in this section
shall deny general assistance to a person otherwise eligible who
is determined ineligible for a substitute federally aided
program.
Sec. 32. Minnesota Statutes 1996, section 256D.05,
subdivision 5, is amended to read:
Subd. 5. [TRANSFERS OF PROPERTY.] The equity value of real
and personal property transferred without reasonable
compensation within 12 months preceding the date of application
for general assistance must be included in determining the
resources of an assistance unit in the same manner as in the aid
to families with dependent children program under chapter 256 or
MFIP-S under chapter 256J.
Sec. 33. Minnesota Statutes 1996, section 256D.05,
subdivision 7, is amended to read:
Subd. 7. [INELIGIBILITY FOR GENERAL ASSISTANCE.] No person
single adult or childless couple shall be eligible for general
assistance during a period of disqualification because of
sanctions, from any federally aided assistance program; or if
the person could be considered an essential person under section
256.74, subdivision 1.
Sec. 34. Minnesota Statutes 1996, section 256D.05,
subdivision 8, is amended to read:
Subd. 8. [PERSONS INELIGIBLE CITIZENSHIP.] (a) Beginning
October 1, 1993, an undocumented alien or a nonimmigrant is
ineligible for general assistance benefits. For purposes of
this subdivision, a nonimmigrant is an individual in one or more
of the classes listed in United States Code, title 8, section
1101(a)(15), and an undocumented alien is an individual who
resides in the United States without the approval or
acquiescence of the Immigration and Naturalization Service.
(b) This subdivision does not apply to a child under age
18, to a Cuban or Haitian entrant as defined in Public Law
Number 96-422, section 501(e)(1) or (2)(a), or to an alien who
is aged, blind, or disabled as defined in United States Code,
title 42, section 1382c(a)(1). (a) Effective July 1, 1997,
citizenship requirements for applicants and recipients under
sections 256D.01 to 256D.03, subdivision 2, and 256D.04 to
256D.21 shall be determined the same as under section 256J.11,
except that legal noncitizens who are applicants or recipients
must have been residents of Minnesota on March 1, 1997. Legal
noncitizens who arrive in Minnesota after March 1, 1997, and
become elderly or disabled after that date, and are otherwise
eligible for general assistance can receive benefits under this
section. The income and assets of sponsors of noncitizens shall
be deemed available to general assistance applicants and
recipients according to the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, Public Law Number
104-193, Title IV, sections 421 and 422.
(b) As a condition of eligibility, each legal adult
noncitizen in the assistance unit who has resided in the country
for four years or more and who is under 70 years of age must:
(1) be enrolled in a literacy class, English as a second
language class, or a citizen class;
(2) be applying for admission to a literacy class, English
as a second language class, and is on a waiting list;
(3) be in the process of applying for a waiver from the
Immigration and Naturalization Service of the English language
or civics requirements of the citizenship test;
(4) have submitted an application for citizenship to the
Immigration and Naturalization Service and is waiting for a
testing date or a subsequent swearing in ceremony; or
(5) have been denied citizenship due to a failure to pass
the test after two attempts or because of an inability to
understand the rights and responsibilities of becoming a United
States citizen, as documented by the Immigration and
Naturalization Service or the county.
Sec. 35. Minnesota Statutes 1996, section 256D.051,
subdivision 1a, is amended to read:
Subd. 1a. [NOTICES; CONCILIATION CONFERENCE; AND
SANCTIONS.] (a) At the time the county agency notifies the
household that it is eligible for food stamps, the county agency
must inform all mandatory employment and training services
participants as identified in subdivision 1 in the household
that they must comply with all food stamp employment and
training program requirements each month, including the
requirement to attend an initial orientation to the food stamp
employment and training program and that food stamp eligibility
will end unless the participants comply with the requirements
specified in the notice.
(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. the following periods:
(1) for the first occurrence, for one month or until the
person complies with the requirements not previously complied
with, whichever is longer;
(2) for the second occurrence, for three months or until
the person complies with the requirements not previously
complied with, whichever is longer; or
(3) for the third and any subsequent occurrence, for six
months or until the person complies with the requirements not
previously complied with, whichever is longer.
If the participant is not the food stamp head of household,
the person shall be considered an ineligible household member
for food stamp purposes. If the participant is the food stamp
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, and
the right to reinstate eligibility upon a showing of good
cause or the for failure to meet the requirements,. The notice
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 month 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) (e) The participant may appeal the termination of food
stamp benefits under the provisions of section 256.045.
Sec. 36. Minnesota Statutes 1996, section 256D.051,
subdivision 2a, is amended to read:
Subd. 2a. [DUTIES OF COMMISSIONER.] In addition to any
other duties imposed by law, the commissioner shall:
(1) based on this section and section 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 this section and
section 256D.052; and
(5) in cooperation with the commissioner of economic
security, ensure that each component of an employment and
training program carried out under this section is delivered
through a statewide workforce development system, unless the
component is not available locally through such a system.
Sec. 37. Minnesota Statutes 1996, section 256D.051,
subdivision 3a, is amended to read:
Subd. 3a. [PERSONS REQUIRED TO REGISTER FOR AND
PARTICIPATE IN THE FOOD STAMP EMPLOYMENT AND TRAINING PROGRAM.]
(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, the
MFIP-S, MFIP, and MFIP-R programs, 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. 38. Minnesota Statutes 1996, section 256D.051, is
amended by adding a subdivision to read:
Subd. 18. [WORK EXPERIENCE PLACEMENTS.] (a) To the extent
of available resources, each county agency must establish and
operate a work experience component in the food stamp employment
and training program for recipients who are subject to a federal
limit of three months of food stamp eligibility in any 36-month
period. The purpose of the work experience component is to
enhance the participant's employability, self-sufficiency, and
to provide meaningful, productive work activities.
(b) The commissioner shall assist counties in the design
and implementation of these components. The commissioner must
ensure that job placements under a work experience component
comply with section 256J.72. Written or oral concurrence with
job duties of persons placed under the community work experience
program shall be obtained from the appropriate exclusive
bargaining representative.
(c) 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.
(d) Structured, supervised volunteer work with an agency or
organization that is monitored by the county service provider
may, with the approval of the county agency, be used as a work
experience placement.
(e) As a condition of placing a person receiving food
stamps 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
256D.051; or
(2) for placement in suitable employment through
participation in on-the-job training, if such employment is
available.
(f) The county agency shall limit the maximum monthly
number of hours that any participant may work in a work
experience placement to a number equal to the amount of the
family's monthly food stamp allotment divided by the greater of
the federal minimum wage or the applicable state minimum wage.
After a participant has been assigned to a position 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 food stamp benefit divided by the
rate of pay for individuals employed in the same or similar
occupations by the same employer at the same site.
(g) The participant's employability development plan must
include the length of time needed in the work experience
program, the need to continue job seeking activities while
participating in work experience, and the participant's
employment goals.
(h) After each six months of a recipient's participation in
a work experience job placement, and at the conclusion of each
work experience assignment under this section, the county agency
shall reassess and revise, as appropriate, the participant's
employability development plan.
(i) A participant has good cause for failure to cooperate
with a work experience job placement if, in the judgment of the
employment and training service provider, the reason for failure
is reasonable and justified. Good cause for purposes of this
section is defined in subdivision 1a, paragraph (b).
(j) A recipient who has failed without good cause to
participate in or comply with the work experience job placement
shall be terminated from participation in work experience job
activities. If the recipient is not exempt from mandatory food
stamp employment and training program participation under
subdivision 3a, the recipient will be assigned to other
mandatory program activities. If the recipient is exempt from
mandatory participation but is participating as a volunteer, the
person shall be terminated from the food stamp employment and
training program.
Sec. 39. [256D.0510] [FEDERAL WAIVER.]
The commissioner shall exercise the authority granted by
Public Law Number 104-193, Title VIII, section 824, and request
the secretary of the United States Department of Agriculture to
grant waivers of the federal food stamp work requirements of
section 824, for every county and reservation in which:
(1) the county or reservation has an unemployment rate over
ten percent; or
(2) the county or reservation does not have a sufficient
number of jobs to provide employment for individuals.
Sec. 40. [256D.0512] [BUDGETING LUMP SUMS.]
Effective January 1, 1998, nonrecurring lump-sum income
received by a recipient of general assistance must be budgeted
in the normal retrospective cycle.
Sec. 41. Minnesota Statutes 1996, section 256D.055, is
amended to read:
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) Minnesota
family investment program-statewide (MFIP-S) and, until March
31, 1998, aid to families with dependent children and family
general assistance 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.
Sec. 42. [256D.057] [SUPPLEMENT FOR CERTAIN NONCITIZENS.]
(a) For the period from July 1, 1997, to June 30, 1998, for
an assistance unit that contains an adult or a minor legal
noncitizen who was residing in this state as of July 1, 1997,
and lost eligibility for the federal food stamp and Supplemental
Security Income programs under the provisions of title IV of
Public Law Number 104-193, the standard is $87 for each legal
noncitizen under this section. To be eligible for benefits
under this section, each legal adult noncitizen in the
assistance unit who has resided in the country for four years or
more and is under 70 years of age must:
(1) be enrolled in a literacy class, English as a second
language class, or a citizenship class;
(2) be applying for admission to a literacy class, English
as a second language class, or a citizenship class, and is
enrolled within 60 days of receiving the increased grant amount
under this paragraph;
(3) be in the process of applying for a waiver from the
Immigration and Naturalization Service of the English language
or civics requirement of the citizenship test;
(4) have submitted an application for citizenship to the
Immigration and Naturalization Service and is waiting for a
testing date or a subsequent swearing in ceremony; or
(5) have been denied citizenship due to a failure to pass
the test after two attempts or due to a denial of the
application for naturalization because of an inability to
understand the rights and responsibilities of becoming a citizen.
If the county social service agency determines that a legal
noncitizen subject to the requirements of this subdivision will
require more than one year of English language training, then
the requirements of clause (1) or (2) shall be imposed after the
legal noncitizen has resided in the country for three years.
Individuals who reside in a facility licensed under chapter
144A, 144D, 245A, or 256I are exempt from the requirements of
this section.
(b) The assistance provided under this section, which is
designated as a supplement to replace lost benefits under the
food stamp program, must be disregarded as income in federal and
state housing subsidy programs, low-income home energy
assistance programs, and other programs that do not count food
stamps as income.
Sec. 43. Minnesota Statutes 1996, section 256D.06,
subdivision 2, is amended to read:
Subd. 2. Notwithstanding the provisions of subdivision 1,
a grant of general assistance shall be made to an eligible
individual, single adult, married couple, or family for an
emergency need, as defined in rules promulgated by the
commissioner, where the recipient requests temporary assistance
not exceeding 30 days if an emergency situation appears to exist
and (a) until March 31, 1998, the individual is ineligible for
the program of emergency assistance under aid to families with
dependent children and is not a recipient of aid to families
with dependent children at the time of application hereunder; or
(b) the individual or family is (i) ineligible for MFIP-S or is
not a participant of MFIP-S; and (ii) is ineligible for
emergency assistance under section 256J.48. If an applicant or
recipient relates facts to the county agency which may be
sufficient to constitute an emergency situation, the county
agency shall advise the person of the procedure for applying for
assistance pursuant according to this subdivision.
Sec. 44. [256D.066] [INTERSTATE PAYMENT STANDARDS.]
(a) Effective July 1, 1997, the amount of assistance paid
to an eligible assistance unit in which all members have resided
in this state for less than 12 consecutive calendar months
immediately preceding the date of application shall be the
lesser of either the payment standard that would have been
received by the assistance unit from the state of immediate
prior residence, or the amount calculated in accordance with
this chapter. The lesser payment shall continue until the
assistance unit meets the 12-month requirement. Payment shall
be calculated by applying this state's budgeting policies and
the unit's net income shall be deducted from the payment
standard in the other state or in this state, whichever is
lower. At county option, payment shall be made in vendor form
for rent and utilities, up to the limit of the grant amount, and
residual amounts, if any, shall be paid directly to the
assistance unit.
(b) During the first 12 months an assistance unit resides
in this state, the number of months that the unit is eligible to
receive general assistance benefits is limited to the number of
months the unit would have been eligible to receive similar
benefits in the state of immediate prior residence.
(c) This policy applies whether or not the unit received
similar benefits while residing in the state of previous
residence.
(d) When a unit moves to this state from another state
where the unit has exhausted that state's time limit for
receiving similar benefits, the unit will not be eligible to
receive any general assistance benefits in this state for 12
months from the date the unit moves here.
(e) Applicants must provide verification of their state of
immediate prior residence, in the form of tax statements, a
driver's license, automobile registration, rent receipts, or
other forms of verification approved by the commissioner.
(f) For the purposes of this subdivision, "state of
immediate prior residence" means:
(i) the state in which the applicant declares the applicant
spent the most time in the 30 days prior to moving to this
state; or
(ii) the applicant is in the migrant work stream and the
applicant maintains a home in another state.
(g) Migrant workers as defined in section 256J.08 and until
March 31, 1998, their immediate families are exempt from this
section, provided the migrant worker provides verification that
the migrant family worked in this state within the last 12
months and earned at least $1,000 in gross wages during the time
the migrant worker worked in this state.
Sec. 45. Minnesota Statutes 1996, section 256D.08,
subdivision 1, is amended to read:
Subdivision 1. In determining eligibility of a family,
married couple, or individual there shall be excluded an
assistance unit, the following resources shall be excluded:
(1) real or personal property or liquid assets which do not
exceed those permitted under the federally aided assistance
program known as aid to families with dependent children $1,000;
and
(2) other property which has been determined, in accordance
with and subject according to limitations contained in rules
promulgated by the commissioner, to be essential to the family
or individual the assistance unit as a means of self-support or
self-care or which is producing income that is being used for
the support of the individual or family assistance unit. The
commissioner shall further provide by rule the conditions for
those situations in which property not excluded under this
subdivision may be retained by the family or individual
assistance unit where there is a reasonable probability that in
the foreseeable future the property will be used for the
self-support of the individual or family assistance unit; and
(3) payments, made pursuant according to litigation and
subsequent appropriation by the United States Congress, of funds
to compensate members of Indian tribes for the taking of tribal
land by the federal government.
Sec. 46. Minnesota Statutes 1996, section 256D.08,
subdivision 2, is amended to read:
Subd. 2. Notwithstanding any other provision of sections
256D.01 to 256D.21, the commissioner shall provide by rule for
the exclusion of property from the determination of eligibility
for general assistance when it appears likely that the need for
general assistance will not exceed 30 days or an undue hardship
would be imposed on an individual or family an assistance unit
by the forced disposal of the property.
Sec. 47. Minnesota Statutes 1996, section 256D.09, is
amended by adding a subdivision to read:
Subd. 2b. [DISABILITY VERIFICATION; DRUG OR ALCOHOL
DEPENDENCY.] If at any time there is verification that the
client's disability is dependent upon the client's continued
drug addiction or alcoholism, general assistance for rent and
utilities must be made in the form of vendor payments.
Verification of drug addiction or alcoholism can be
received from:
(1) denial of social security benefits based on drug
addiction or alcoholism;
(2) a statement from the state medical review team that the
person's disability is dependent upon continued drug addiction
or alcoholism; or
(3) a doctor's statement that the person's disability is
dependent upon continued drug addiction or alcoholism.
Sec. 48. Minnesota Statutes 1996, section 256D.435,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION FOR FEDERALLY FUNDED BENEFITS.]
Persons who live with the applicant or recipient, who have unmet
needs and for whom the applicant or recipient has financial
responsibility, must apply for and, if eligible, accept AFDC and
any other federally funded benefits, including MFIP-S.
Sec. 49. Minnesota Statutes 1996, section 256D.44,
subdivision 5, is amended to read:
Subd. 5. [SPECIAL NEEDS.] In addition to the state
standards of assistance established in subdivisions 1 to 4,
payments are allowed for the following special needs of
recipients of Minnesota supplemental aid who are not residents
of a nursing home, a regional treatment center, or a group
residential housing facility:.
(a) The county agency shall pay a monthly allowance for
medically prescribed diets payable under the AFDC program or the
Minnesota family investment program-statewide if the cost of
those additional dietary needs cannot be met through some other
maintenance benefit.
(b) Payment for nonrecurring special needs must be allowed
for necessary home repairs or necessary repairs or replacement
of household furniture and appliances using the payment standard
of the AFDC program in effect on July 16, 1996, for these
expenses, as long as other funding sources are not available.
(c) A fee for guardian or conservator service is allowed at
a reasonable rate negotiated by the county or approved by the
court. This rate shall not exceed five percent of the
assistance unit's gross monthly income up to a maximum of $100
per month. If the guardian or conservator is a member of the
county agency staff, no fee is allowed.
(d) The county agency shall continue to pay a monthly
allowance of $68 for restaurant meals for a person who was
receiving a restaurant meal allowance on June 1, 1990, and who
eats two or more meals in a restaurant daily. The allowance
must continue until the person has not received Minnesota
supplemental aid for one full calendar month or until the
person's living arrangement changes and the person no longer
meets the criteria for the restaurant meal allowance, whichever
occurs first.
(e) A fee of ten percent of the recipient's gross income or
$25, whichever is less, is allowed for representative payee
services provided by an agency that meets the requirements under
SSI regulations to charge a fee for representative payee
services. This special need is available to all recipients of
Minnesota supplemental aid regardless of their living
arrangement.
Sec. 50. Minnesota Statutes 1996, section 256G.03,
subdivision 2, is amended to read:
Subd. 2. [NO DURATIONAL TEST.] Except as otherwise
provided in sections 256.73, subdivisions 1 and 1b; 256B.056,
subdivision 1; and 256D.02, subdivision 12a, and 256J.12 for
purposes of this chapter, no waiting period is required before
securing county or state residence. A person cannot, however,
gain residence while physically present in an excluded time
facility unless otherwise specified in this chapter or in a
federal regulation controlling a federally funded human service
program. Interstate migrants who enter a shelter for battered
women directly from another state can gain residency while in
the facility provided the person can provide documentation that
the person is a victim of domestic abuse as defined in section
256J.49, subdivision 2, and the county determines that the
placement is appropriate; and the commissioner of human services
is authorized to make per diem payments under section 256D.05,
subdivision 3, on behalf of such individuals.
Sec. 51. Minnesota Statutes 1996, section 256G.05,
subdivision 2, is amended to read:
Subd. 2. [NON-MINNESOTA RESIDENTS.] State residence is not
required for receiving emergency assistance in the general
assistance, general assistance medical care, and Minnesota
supplemental aid programs only. The receipt of emergency
assistance must not be used as a factor in determining county or
state residence.
Sec. 52. Minnesota Statutes 1996, section 259.67,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBILITY CONDITIONS.] (a) The placing agency
shall determine use the AFDC requirements as specified in
federal law, when determining the child's eligibility for
adoption assistance under title IV-E of the Social Security
Act. If the child does not qualify, the placing agency shall
certify a child as eligible for state funded adoption assistance
only if the following criteria are met:
(1) Due to the child's characteristics or circumstances it
would be difficult to provide the child an adoptive home without
adoption assistance.
(2)(i) A placement agency has made reasonable efforts to
place the child for adoption without adoption assistance, but
has been unsuccessful; or
(ii) the child's licensed foster parents desire to adopt
the child and it is determined by the placing agency that the
adoption is in the best interest of the child.
(3) The child has been a ward of the commissioner or a
Minnesota-licensed child-placing agency.
(b) For purposes of this subdivision, the characteristics
or circumstances that may be considered in determining whether a
child is a child with special needs under United States Code,
title 42, chapter 7, subchapter IV, part E, or meets the
requirements of paragraph (a), clause (1), are the following:
(1) The child is a member of a sibling group to be placed
as one unit in which at least one sibling is older than 15
months of age or is described in clause (2) or (3).
(2) The child has documented physical, mental, emotional,
or behavioral disabilities.
(3) The child has a high risk of developing physical,
mental, emotional, or behavioral disabilities.
(c) When a child's eligibility for adoption assistance is
based upon the high risk of developing physical, mental,
emotional, or behavioral disabilities, payments shall not be
made under the adoption assistance agreement unless and until
the potential disability manifests itself as documented by an
appropriate health care professional.
Sec. 53. [TRANSFER OF RESPONSIBILITIES FOR PROVIDING
SECURE CRISIS SHELTER.]
In state fiscal year 2000, all of the powers, duties, and
functions of the commissioner of human services relating to the
operation and funding of shelters for battered women are
transferred to the commissioner of corrections in accordance
with Minnesota Statutes, section 15.039, except for personnel
transfers under Minnesota Statutes, section 15.039, subdivision
7.
Sec. 54. [FINDINGS; CONTINGENT BENEFIT STANDARDS.]
Subdivision 1. [FINDINGS.] For purposes of Minnesota
Statutes, sections 256D.02, subdivision 12a, and 256D.066, the
legislature makes the following findings:
(1) the legislature is statutorily required to balance the
state budget, and, in balancing the state budget, faces
competing funding priorities with limited resources;
(2) many states have more restrictive or nonexistent state
welfare programs to aid needy individuals without children;
(3) despite likely weaker federal financial support and the
trend in other states toward more restrictive welfare programs,
the legislature wishes to continue to manage funds appropriated
for the general assistance program so that the state may provide
meaningful assistance for needy Minnesotans without children;
(4) the legislature intends to provide a safety net for
recent interstate migrants;
(5) Minnesota county human service agencies have reported
to the commissioner of human services verified cases of
individuals from other states to this state at least in part
because this state has higher cash assistance benefits;
(6) the legislature anticipates that, as other states
further restrict their welfare programs, migration to this state
by individuals seeking higher welfare benefits will increase
significantly and may cause expenditures in excess of the funds
appropriated for this program;
(7) the policy of the state of Minnesota is to make welfare
benefits a neutral factor in an individual's decision to move to
Minnesota, which is required for the state to continue its
commitment to provide meaningful assistance for needy
Minnesotans without children;
(8) if new residents experience any harm under Minnesota
Statutes, sections 256D.02, subdivision 12a, and 256D.066, such
harm is mitigated, since new residents, if eligible, can receive
benefits immediately under a hardship exemption; and in all
cases, if eligible, can receive cash assistance after 30 days;
if eligible, they will receive cash assistance based on the
assistance standard they would have received in their previous
state of residence for individuals without children;
(9) without Minnesota Statutes, sections 256D.02,
subdivision 12a, and 256D.066, the hardship to the state and its
needy individuals would be great because significant reductions
in welfare benefits will likely occur; and
(10) Minnesota Statutes, sections 256D.02, subdivision 12a,
and 256D.066, advance the public interest of continuing to
provide meaningful assistance to needy Minnesotans without
children while providing a safety net for recent interstate
migrants.
Subd. 2. [REDUCTION IF COURT ENJOINMENT.] In the event a
court enjoins enforcement of Minnesota Statutes, section
256D.02, subdivision 12a, or 256D.066, this subdivision shall
apply. Beginning July 1, 1997, the commissioner of human
services shall monitor the number of individual applicants for
general assistance under this chapter who have lived in this
state for less than 12 consecutive months and shall implement
clauses (1) to (3) when the commissioner determines that the
cumulative number of such applicants since July 1, 1997, has
reached at least 3,000. The commissioner shall:
(1) reduce the assistance standards for general assistance
program under this chapter for all recipients but only in an
amount sufficient to remain within the forecasted budgets for
the program; reductions shall take effect beginning with
payments made at the start of the second calendar month
following the commissioner's determination that the conditions
specified in this clause have occurred;
(2) notify the fiscal and policy chairs of the house and
senate human services committees that the reductions have taken
place; and
(3) formulate a plan to be presented to the next
legislative session.
Sec. 55. [TOTAL HOUSEHOLD INCOME COUNTED.]
Effective January 1, 1999, notwithstanding any provision of
law to the contrary, eligibility for public assistance,
including, but not limited to, AFDC, family general assistance,
MFIP and MFIP-S, and general assistance must count income from
all unrelated individuals living in the household in order to
qualify for any of these public assistance programs.
Sec. 56. [REPEALER.]
(a) Minnesota Statutes 1996, sections 256.8711; and
256D.065, are repealed July 1, 1997.
(b) Minnesota Statutes 1996, sections 256D.02, subdivision
5; and 256D.0511, are repealed March 31, 1998.
Sec. 57. [EFFECTIVE DATES.]
Section 20 is effective the day following final enactment.
Sections 33 and 45 are effective March 31, 1998. The remaining
sections in this article are effective July 1, 1997, unless
specified otherwise in the section.
ARTICLE 4
TECHNICAL CHANGES; CROSS REFERENCES
Section 1. Minnesota Statutes 1996, section 13.46,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section:
(a) "Individual" means an individual pursuant according to
section 13.02, subdivision 8, but does not include a vendor of
services.
(b) "Program" includes all programs for which authority is
vested in a component of the welfare system pursuant according
to statute or federal law, including, but not limited to, aid to
families with dependent children, Minnesota family investment
program-statewide, medical assistance, general assistance, work
readiness, general assistance medical care, and child support
collections.
(c) "Welfare system" includes the department of human
services, local social services agencies, county welfare
agencies, the public authority responsible for child support
enforcement, human services boards, community mental health
center boards, state hospitals, state nursing homes, the
ombudsman for mental health and mental retardation, and persons,
agencies, institutions, organizations, and other entities under
contract to any of the above agencies to the extent specified in
the contract.
(d) "Mental health data" means data on individual clients
and patients of community mental health centers, established
under section 245.62, mental health divisions of counties and
other providers under contract to deliver mental health
services, or the ombudsman for mental health and mental
retardation.
(e) "Fugitive felon" means a person who has been convicted
of a felony and who has escaped from confinement or violated the
terms of probation or parole for that offense.
Sec. 2. Minnesota Statutes 1996, 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 according to section 13.05;
(2) pursuant according to court order;
(3) pursuant according 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,
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 programs as defined in
section 245A.02 may be disclosed to the protection and advocacy
system established in this state pursuant according 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
services office 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 or Minnesota family investment
program-statewide 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 according to Code of Federal
Regulations, title 7, section 272.1(c);
(18) data on a child support obligor who is in arrears may
be disclosed for purposes of publishing the data pursuant
according to section 518.575;
(19) data on child support payments made by a child support
obligor may be disclosed to the obligee;
(20) data in the work reporting system may be disclosed
under section 256.998, subdivision 7;
(21) to the department of children, families, and learning
for the purpose of matching department of children, families,
and learning student data with public assistance data to
determine students eligible for free and reduced price meals,
meal supplements, and free milk pursuant according to United
States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772,
and 1773; to produce accurate numbers of students receiving aid
to families with dependent children or Minnesota family
investment program-statewide as required by section 124.175; and
to allocate federal and state funds that are distributed based
on income of the student's family; or
(22) the current address and telephone number of program
recipients and emergency contacts may be released to the
commissioner of health or a local board of health as defined in
section 145A.02, subdivision 2, when the commissioner or local
board of health has reason to believe that a program recipient
is a disease case, carrier, suspect case, or at risk of illness,
and the data are necessary to locate the person.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed in accordance with
according to 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. 3. Minnesota Statutes 1996, section 84.98,
subdivision 3, is amended to read:
Subd. 3. [CRITERIA FOR DETERMINING ECONOMIC, SOCIAL,
PHYSICAL, OR EDUCATIONAL DISADVANTAGE.] (a) The criteria for
determining economic, social, physical, or educational
disadvantage shall be determined as provided in this subdivision.
(b) Economically disadvantaged are persons who meet the
criteria for disadvantaged established by the department of
economic security or persons receiving services provided by the
department of human services such as welfare payments, food
stamps, and aid to families with dependent children or Minnesota
family investment program-statewide.
(c) Socially disadvantaged are persons who have been
classified as persons in need of supervision by the court system.
(d) Physically disadvantaged are persons who have been
identified as having special needs by public agencies that deal
with employment for the disabled.
(e) Educationally disadvantaged are persons who have
dropped out of school or are at risk of dropping out of school
and persons with learning disabilities or in need of special
education classes.
Sec. 4. Minnesota Statutes 1996, section 136A.125,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE STUDENTS.] An applicant is eligible for
a child care grant if the applicant:
(1) is a resident of the state of Minnesota;
(2) has a child 12 years of age or younger, or 14 years of
age or younger who is handicapped as defined in section 120.03,
and who is receiving or will receive care on a regular basis
from a licensed or legal, nonlicensed caregiver;
(3) is income eligible as determined by the office's
policies and rules, but is not a recipient of assistance from
either aid to families with dependent children or Minnesota
family investment program-statewide;
(4) has not earned a baccalaureate degree and has been
enrolled full time less than eight semesters, 12 quarters, or
the equivalent;
(5) is pursuing a nonsectarian program or course of study
that applies to an undergraduate degree, diploma, or
certificate;
(6) is enrolled at least half time in an eligible
institution; and
(7) is in good academic standing and making satisfactory
academic progress.
Sec. 5. Minnesota Statutes 1996, section 196.27, is
amended to read:
196.27 [AGENT ORANGE SETTLEMENT PAYMENTS.]
(a) Payments received by veterans or their dependents
because of settlements between them and the manufacturers of
Agent Orange or other chemical agents, as defined in section
196.21, must not be treated as income (or an available resource)
of the veterans or their dependents for the purposes of any
program of public assistance or benefit program administered by
the department of veterans affairs, the department of human
services, or other agencies of the state or political
subdivisions of the state, except as provided in paragraph (b).
(b) The income and resource exclusion in paragraph (a) does
not apply to the medical assistance, food stamps, or aid to
families with dependent children or Minnesota family investment
program-statewide programs until the commissioner of human
services receives formal approval from the United States
Department of Health and Human Services, for the medical
assistance and, aid to families with dependent children or
Minnesota family investment program-statewide programs, and from
the United States Department of Agriculture, for the food stamps
program. The income exclusion does not apply to the Minnesota
supplemental aid program until the commissioner receives formal
federal approval of the exclusion for the medical assistance
program.
Sec. 6. Minnesota Statutes 1996, section 237.70,
subdivision 4a, is amended to read:
Subd. 4a. [HOUSEHOLDS ELIGIBLE FOR CREDITS.] The telephone
assistance plan must provide telephone assistance credit for a
residential household in Minnesota that meets each of the
following criteria:
(1) has a household member who:
(i) subscribes to local exchange service; and
(ii) is either disabled or 65 years of age or older;
(2) whose household income is 150 percent or less of
federal poverty guidelines or is currently eligible for:
(i) aid to families with dependent children or Minnesota
family investment program-statewide;
(ii) medical assistance;
(iii) general assistance;
(iv) Minnesota supplemental aid;
(v) food stamps;
(vi) refugee cash assistance or refugee medical assistance;
(vii) energy assistance; or
(viii) supplemental security income; and
(3) who has been certified as eligible for telephone
assistance plan credits.
Sec. 7. Minnesota Statutes 1996, section 254B.02,
subdivision 1, is amended to read:
Subdivision 1. [CHEMICAL DEPENDENCY TREATMENT ALLOCATION.]
The chemical dependency funds appropriated for allocation shall
be placed in a special revenue account. For the fiscal year
beginning July 1, 1987, funds shall be transferred to operate
the vendor payment, invoice processing, and collections system
for one year. The commissioner shall annually transfer funds
from the chemical dependency fund to pay for operation of the
drug and alcohol abuse normative evaluation system and to pay
for all costs incurred by adding two positions for licensing of
chemical dependency treatment and rehabilitation programs
located in hospitals for which funds are not otherwise
appropriated. The commissioner shall annually divide the money
available in the chemical dependency fund that is not held in
reserve by counties from a previous allocation. Twelve percent
of the remaining money must be reserved for treatment of
American Indians by eligible vendors under section 254B.05. The
remainder of the money must be allocated among the counties
according to the following formula, using state demographer data
and other data sources determined by the commissioner:
(a) For purposes of this formula, American Indians and
children under age 14 are subtracted from the population of each
county to determine the restricted population.
(b) The amount of chemical dependency fund expenditures for
entitled persons for services not covered by prepaid plans
governed by section 256B.69 in the previous year is divided by
the amount of chemical dependency fund expenditures for entitled
persons for all services to determine the proportion of exempt
service expenditures for each county.
(c) The prepaid plan months of eligibility is multiplied by
the proportion of exempt service expenditures to determine the
adjusted prepaid plan months of eligibility for each county.
(d) The adjusted prepaid plan months of eligibility is
added to the number of restricted population fee for service
months of eligibility for aid to families with dependent
children, Minnesota family investment program-statewide, general
assistance, and medical assistance and divided by the county
restricted population to determine county per capita months of
covered service eligibility.
(e) The number of adjusted prepaid plan months of
eligibility for the state is added to the number of fee for
service months of eligibility for aid to families with dependent
children, Minnesota family investment program-statewide, general
assistance, and medical assistance for the state restricted
population and divided by the state restricted population to
determine state per capita months of covered service eligibility.
(f) The county per capita months of covered service
eligibility is divided by the state per capita months of covered
service eligibility to determine the county welfare caseload
factor.
(g) The median married couple income for the most recent
three-year period available for the state is divided by the
median married couple income for the same period for each county
to determine the income factor for each county.
(h) The county restricted population is multiplied by the
sum of the county welfare caseload factor and the county income
factor to determine the adjusted population.
(i) $15,000 shall be allocated to each county.
(j) The remaining funds shall be allocated proportional to
the county adjusted population.
Sec. 8. Minnesota Statutes 1996, section 256.01,
subdivision 4a, is amended 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, Minnesota family investment
program-statewide, 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. 9. Minnesota Statutes 1996, section 256.017,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY AND PURPOSE.] The commissioner
shall administer a compliance system for aid to families with
dependent children, Minnesota family investment
program-statewide, the food stamp program, emergency assistance,
general assistance, work readiness, medical assistance, general
assistance medical care, emergency general assistance, Minnesota
supplemental assistance, preadmission screening, and alternative
care grants under the powers and authorities named in section
256.01, subdivision 2. The purpose of the compliance system is
to permit the commissioner to supervise the administration of
public assistance programs and to enforce timely and accurate
distribution of benefits, completeness of service and efficient
and effective program management and operations, to increase
uniformity and consistency in the administration and delivery of
public assistance programs throughout the state, and to reduce
the possibility of sanctions and fiscal disallowances for
noncompliance with federal regulations and state statutes.
The commissioner shall utilize training, technical
assistance, and monitoring activities, as specified in section
256.01, subdivision 2, to encourage county agency compliance
with written policies and procedures.
Sec. 10. Minnesota Statutes 1996, section 256.017,
subdivision 4, is amended to read:
Subd. 4. [DETERMINING THE AMOUNT OF THE QUALITY CONTROL
CASE PENALTY.] (a) The amount of the quality control case
penalty is limited to the amount of the dollar error for the
quality control sample month in a reviewed case as determined by
the state quality control review procedures for the aid to
families with dependent children, Minnesota family investment
program-statewide and food stamp programs or for any other
income transfer program for which the commissioner develops a
quality control program.
(b) Payment errors in medical assistance or any other
medical services program for which the department develops a
quality control program are subject to set rate penalties based
on the average cost of the specific quality control error
element for a sample review month for that household size and
status of institutionalization and as determined from state
quality control data in the preceding fiscal year for the
corresponding program.
(c) Errors identified in negative action cases, such as
incorrect terminations or denials of assistance are subject to
set rate penalties based on the average benefit cost of that
household size as determined from state quality control data in
the preceding fiscal year for the corresponding program.
Sec. 11. Minnesota Statutes 1996, section 256.031,
subdivision 5, is amended to read:
Subd. 5. [FEDERAL WAIVERS.] In accordance with According
to sections 256.031 to 256.0361 and federal laws authorizing the
program, the commissioner shall seek waivers of federal
requirements of: United States Code, title 42, section 601 et
seq., and United States Code, title 7, section 2011 et seq.,
needed to implement the Minnesota family investment plan in a
manner consistent with the goals and objectives of the program.
The commissioner shall seek terms from the federal government
that are consistent with the goals of the Minnesota family
investment plan. The commissioner shall also seek terms from
the federal government that will maximize federal financial
participation so that the extra costs to the state of
implementing the program are minimized, to the extent that those
terms are consistent with the goals of the Minnesota family
investment plan. An agreement with the federal government under
this section shall provide that the agreements may be canceled
by the state or federal government upon 180 days' notice or
immediately upon mutual agreement. If the agreement is
canceled, families which cease receiving assistance under the
Minnesota family investment plan who are eligible for the aid to
families with dependent children, Minnesota family investment
program-statewide, general assistance, medical assistance,
general assistance medical care, or the food stamp program must
be placed with their consent on the programs for which they are
eligible.
Sec. 12. Minnesota Statutes 1996, section 256.046,
subdivision 1, is amended to read:
Subdivision 1. [HEARING AUTHORITY.] A local agency may
initiate an administrative fraud disqualification hearing for
individuals accused of wrongfully obtaining assistance or
intentional program violations in the aid to families with
dependent children, Minnesota family investment
program-statewide or food stamp programs. The hearing is
subject to the requirements of section 256.045 and the
requirements in Code of Federal Regulations, title 7, section
273.16, for the food stamp program and title 45, section
235.112, for the aid to families with dependent children program.
Sec. 13. Minnesota Statutes 1996, section 256.935,
subdivision 1, is amended to read:
Subdivision 1. On the death of any person receiving public
assistance through aid to dependent children or MFIP-S, the
county agency shall pay an amount for funeral expenses not
exceeding the amount paid for comparable services under section
261.035 plus actual cemetery charges. No funeral expenses shall
be paid if the estate of the deceased is sufficient to pay such
expenses or if the spouse, who was legally responsible for the
support of the deceased while living, is able to pay such
expenses; provided, that the additional payment or donation of
the cost of cemetery lot, interment, religious service, or for
the transportation of the body into or out of the community in
which the deceased resided, shall not limit payment by the
county agency as herein authorized. Freedom of choice in the
selection of a funeral director shall be granted to persons
lawfully authorized to make arrangements for the burial of any
such deceased recipient. In determining the sufficiency of such
estate, due regard shall be had for the nature and marketability
of the assets of the estate. The county agency may grant
funeral expenses where the sale would cause undue loss to the
estate. Any amount paid for funeral expenses shall be a prior
claim against the estate, as provided in section 524.3-805, and
any amount recovered shall be reimbursed to the agency which
paid the expenses. The commissioner shall specify requirements
for reports, including fiscal reports, according to section
256.01, subdivision 2, paragraph (17). The state share of
county agency expenditures shall be 50 percent and the county
share shall be 50 percent. Benefits shall be issued to
recipients by the state or county and funded according to
section 256.025, subdivision 3, subject to provisions of section
256.017.
Beginning July 1, 1991, the state will reimburse counties
according to the payment schedule set forth in section 256.025
for the county share of county agency expenditures made under
this subdivision from January 1, 1991, on. Payment under this
subdivision is subject to the provisions of section 256.017.
Sec. 14. Minnesota Statutes 1996, section 256.981, is
amended to read:
256.981 [TRAINING OF WELFARE FRAUD PROSECUTORS.]
The commissioner of human services shall, to the extent an
appropriation is provided for this purpose, contract with the
county attorney's council or other public or private entity
experienced in providing training for prosecutors to conduct
quarterly workshops and seminars focusing on current aid to
families with dependent children and Minnesota family investment
program-statewide program issues, other income maintenance
program changes, recovery issues, alternative sentencing
methods, use of technical aids for interviews and
interrogations, and other matters affecting prosecution of
welfare fraud cases.
Sec. 15. Minnesota Statutes 1996, section 256E.03,
subdivision 2, is amended to read:
Subd. 2. (a) "Community social services" means services
provided or arranged for by county boards to fulfill the
responsibilities prescribed in section 256E.08, subdivision 1,
to the following groups of persons:
(1) families with children under age 18, who are
experiencing child dependency, neglect or abuse, and also
pregnant adolescents, adolescent parents under the age of 18,
and their children;
(2) persons who are under the guardianship of the
commissioner of human services as dependent and neglected wards;
(3) adults who are in need of protection and vulnerable as
defined in section 626.5572;
(4) persons age 60 and over who are experiencing difficulty
living independently and are unable to provide for their own
needs;
(5) emotionally disturbed children and adolescents,
chronically and acutely mentally ill persons who are unable to
provide for their own needs or to independently engage in
ordinary community activities;
(6) persons with mental retardation as defined in section
252A.02, subdivision 2, or with related conditions as defined in
section 252.27, subdivision 1a, who are unable to provide for
their own needs or to independently engage in ordinary community
activities;
(7) drug dependent and intoxicated persons as defined in
section 254A.02, subdivisions 5 and 7, and persons at risk of
harm to self or others due to the ingestion of alcohol or other
drugs;
(8) parents whose income is at or below 70 percent of the
state median income and who are in need of child care services
in order to secure or retain employment or to obtain the
training or education necessary to secure employment; and
(9) other groups of persons who, in the judgment of the
county board, are in need of social services.
(b) Except as provided in section 256E.08, subdivision 5,
community social services do not include public assistance
programs known as aid to families with dependent children,
Minnesota family investment program-statewide, Minnesota
supplemental aid, medical assistance, general assistance,
general assistance medical care, or community health services
authorized by sections 145A.09 to 145A.13.
Sec. 16. Minnesota Statutes 1996, section 256E.06,
subdivision 1, is amended to read:
Subdivision 1. [FORMULA.] The commissioner of human
services shall distribute community social service aids to each
county board in an amount determined according to the following
formula:
In calendar year 1982 and thereafter:
(a) One-third shall be distributed on the basis of the
average unduplicated number of persons who receive AFDC,
Minnesota family investment program-statewide, general
assistance, and medical assistance per month in the calendar
year two years prior to the year for which funds are being
distributed as reported in the average monthly caseload reports
required under sections 256.01, 256B.04 and 256D.04, and
certified by the commissioner of human services; and
(b) One-third shall be distributed on the basis of the
number of persons residing in the county as determined by the
most recent data of the state demographer;
(c) One-third shall be distributed on the basis of the
number of persons residing in the county who are 65 years old or
older as determined by the most recent data of the state
demographer.
Sec. 17. Minnesota Statutes 1996, section 256E.06,
subdivision 3, is amended to read:
Subd. 3. [PAYMENTS TO COUNTIES.] The commissioner of human
services shall make payments for community social services to
each county in four installments per year. The commissioner of
human services may certify the payments for the first three
months of a calendar year based on estimates of the unduplicated
number of persons receiving AFDC, Minnesota family investment
program-statewide, general assistance and medical assistance for
the prior year. The following three payments shall be adjusted
to reflect the actual unduplicated number of persons who
received AFDC, Minnesota family investment program-statewide,
general assistance and medical assistance as required by
subdivision 1. The commissioner shall ensure that the pertinent
payment of the allotment for that quarter is made to each county
on the first working day after the end of each quarter of the
calendar year, except for the last quarter of the calendar
year. The commissioner shall ensure that each county receives
its payment of the allotment for that quarter no later than the
last working day of that quarter. This scheduling of payments
does not require compliance with subdivision 10.
Sec. 18. Minnesota Statutes 1996, section 256E.07,
subdivision 1, is amended to read:
Subdivision 1. [FORMULA.] In federal fiscal year 1985 and
subsequent years, money for social services that is received
from the federal government to reimburse counties for social
service expenditures pursuant according to title XX of the
Social Security Act shall be allocated to each county according
to the following formula:
(a) Two-thirds shall be allocated on the basis of the
annual average number of unduplicated active monthly caseloads
in each county in the following programs: aid to families with
dependent children, Minnesota family investment
program-statewide, medical assistance, general assistance,
supplementary security income, and Minnesota supplemental aid.
(b) One-third shall be allocated on the basis of the number
of persons residing in the county as determined by the most
recent estimate of the state demographer.
(c) The commissioner shall allocate to the counties
pursuant according to this section the total money received from
the federal government for social services pursuant according to
title XX of the Social Security Act, except that portion of the
state's allocation which the legislature authorizes for
administrative purposes and for migrant day care.
Sec. 19. Minnesota Statutes 1996, section 256E.08,
subdivision 3, is amended to read:
Subd. 3. [ADMINISTRATION OF INCOME MAINTENANCE PROGRAMS.]
The county board may designate itself, a human services board,
or a local social services agency to perform the functions of
local social services agencies as prescribed in chapter 393 and
assigned to county agencies in other law which pertains to the
administration of income maintenance programs known as aid to
families with dependent children, Minnesota family investment
program-statewide, general assistance, Minnesota supplemental
aid, medical assistance, general assistance medical care, and
emergency assistance.
Sec. 20. Minnesota Statutes 1996, section 256F.05,
subdivision 5, is amended to read:
Subd. 5. [INAPPROPRIATE EXPENDITURES.] Family preservation
fund basic, placement earnings, and development grant money must
not be used for:
(1) child day care necessary solely because of the
employment or training to prepare for employment, of a parent or
other relative with whom the child is living;
(2) residential facility payments;
(3) adoption assistance payments;
(4) public assistance payments for aid to families with
dependent children, Minnesota family investment
program-statewide, supplemental aid, medical assistance, general
assistance, general assistance medical care, or community health
services authorized by sections 145A.09 to 145A.13; or
(5) administrative costs for local social services agency
public assistance staff.
Sec. 21. Minnesota Statutes 1996, section 256G.01,
subdivision 4, is amended to read:
Subd. 4. [ADDITIONAL COVERAGE.] The provisions in sections
256G.02, subdivision 4, paragraphs (a) to (d); 256G.02,
subdivisions 5 to 8; 256G.03; 256G.04; 256G.05; and 256G.07,
subdivisions 1 to 3, apply to the following programs: aid to
families with dependent children, Minnesota family investment
program-statewide; medical assistance; general assistance;
family general assistance; general assistance medical care; and
Minnesota supplemental aid.
Sec. 22. Minnesota Statutes 1996, section 257.3573,
subdivision 2, is amended to read:
Subd. 2. [INAPPROPRIATE EXPENDITURES.] Indian child
welfare grant money must not be used for:
(1) child day care necessary solely because of employment
or training for employment of a parent or other relative with
whom the child is living;
(2) foster care maintenance or difficulty of care payments;
(3) residential facility payments;
(4) adoption assistance payments;
(5) public assistance payments for aid to families with
dependent children, Minnesota family investment
program-statewide, supplemental aid, medical assistance, general
assistance, general assistance medical care, or community health
services authorized by sections 145A.01 to 145A.14; or
(6) administrative costs for income maintenance staff.
Sec. 23. Minnesota Statutes 1996, section 260.38, is
amended to read:
260.38 [COST, PAYMENT.]
In addition to the usual care and services given by public
and private agencies, the necessary cost incurred by the
commissioner of human services in providing care for such child
shall be paid by the county committing such child which, subject
to uniform rules established by the commissioner of human
services, may receive a reimbursement not exceeding one-half of
such costs from funds made available for this purpose by the
legislature during the period beginning July 1, 1985, and ending
December 31, 1985. Beginning January 1, 1986, the necessary
cost incurred by the commissioner of human services in providing
care for the child must be paid by the county committing the
child. Where such child is eligible to receive a grant of aid
to families with dependent children, Minnesota family investment
program-statewide or supplemental security income for the aged,
blind, and disabled, or a foster care maintenance payment under
Title IV-E of the Social Security Act, United States Code, title
42, sections 670 to 676, the child's needs shall be met through
these programs.
Sec. 24. Minnesota Statutes 1996, section 268.0111,
subdivision 5, is amended to read:
Subd. 5. [INCOME MAINTENANCE AND SUPPORT SERVICES.]
"Income maintenance and support services" means programs through
which the state or its subdivisions provide direct financial or
in-kind support to unemployed or underemployed persons,
including reemployment insurance, aid to families with dependent
children, Minnesota family investment program-statewide, general
assistance, work readiness assistance, food stamps, energy
assistance, disability determinations, and child care. Income
maintenance and support services do not include medical
assistance, aging services, social services, community social
services, mental health services, or services for the
emotionally disturbed, the mentally retarded, or residents of
nursing homes.
Sec. 25. Minnesota Statutes 1996, section 268.0111,
subdivision 7, is amended to read:
Subd. 7. [PUBLIC ASSISTANCE.] "Public assistance" means
aid to families with dependent children, Minnesota family
investment program-statewide and general assistance, and work
readiness.
Sec. 26. Minnesota Statutes 1996, section 268.0122,
subdivision 3, is amended to read:
Subd. 3. [DUTIES AS A STATE AGENCY.] The commissioner
shall:
(1) administer the unemployment insurance laws and related
programs;
(2) administer the aspects of aid to families with
dependent children, Minnesota family investment
program-statewide, general assistance, work readiness, and food
stamps that relate to employment and training services, subject
to the contract under section 268.86, subdivision 2;
(3) administer wage subsidies and the discretionary
employment and training fund;
(4) administer a national system of public employment
offices as prescribed by United States Code, title 29, chapter
4B, the Wagner-Peyser Act, and other federal employment and
training programs;
(5) cooperate with the federal government and its
employment and training agencies in any reasonable manner as
necessary to qualify for federal aid for employment and training
services and money;
(6) enter into agreements with other departments of the
state and local units of government as necessary;
(7) certify employment and training service providers and
decertify service providers that fail to comply with performance
criteria according to standards established by the commissioner;
(8) provide consistent, integrated employment and training
services across the state;
(9) establish the standards for all employment and training
services administered under this chapter;
(10) develop standards for the contents and structure of
the local service unit plans and plans for Indian tribe
employment and training services;
(11) provide current state and substate labor market
information and forecasts, in cooperation with other agencies;
(12) identify underserved populations, unmet service needs,
and funding requirements;
(13) consult with the council for the blind on matters
pertaining to programs and services for the blind and visually
impaired; and
(14) enter into agreements with Indian tribes as necessary
to provide employment and training services as funds become
available.
Sec. 27. Minnesota Statutes 1996, section 268.552,
subdivision 5, is amended to read:
Subd. 5. [ALLOCATION TO APPLICANTS.] Priority for
subsidies shall be in the following order:
(1) applicants living in households with no other income
source;
(2) applicants whose incomes and resources are less than
the standard for eligibility for general assistance or work
readiness; and
(3) applicants who are eligible for aid to families with
dependent children or Minnesota family investment
program-statewide.
Sec. 28. Minnesota Statutes 1996, section 268.6751,
subdivision 1, is amended to read:
Subdivision 1. [WAGE SUBSIDIES.] Wage subsidy money must
be allocated to local service units in the following manner:
(a) The commissioner shall allocate 87.5 percent of the
funds available for allocation to local service units for wage
subsidy programs as follows: the proportion of the wage subsidy
money available to each local service unit must be based on the
number of unemployed persons in the local service unit for the
most recent six-month period and the number of work readiness
assistance cases and aid to families with dependent children and
Minnesota family investment program-statewide cases in the local
service unit for the most recent six-month period.
(b) Five percent of the money available for wage subsidy
programs must be allocated at the discretion of the commissioner.
(c) Seven and one-half percent of the money available for
wage subsidy programs must be allocated at the discretion of the
commissioner to provide jobs for residents of federally
recognized Indian reservations.
(d) By December 31 of each fiscal year, providers and local
service units receiving wage subsidy money shall report to the
commissioner on the use of allocated funds. The commissioner
shall reallocate uncommitted funds for each fiscal year
according to the formula in paragraph (a).
Sec. 29. Minnesota Statutes 1996, section 268.676,
subdivision 1, is amended to read:
Subdivision 1. [AMONG JOB APPLICANTS.] At least 80 percent
of funds allocated among eligible job applicants statewide must
be allocated to:
(1) applicants living in households with no other income
source;
(2) applicants whose incomes and resources are less than
the standards for eligibility for general assistance or work
readiness;
(3) applicants who are eligible for aid to families with
dependent children or Minnesota family investment
program-statewide; and
(4) applicants who live in a farm household who demonstrate
severe household financial need.
Sec. 30. Minnesota Statutes 1996, section 268.86,
subdivision 2, is amended to read:
Subd. 2. [INTERAGENCY AGREEMENTS.] By October 1, 1987, the
commissioner and the commissioner of human services shall enter
into a written contract for the design, delivery, and
administration of employment and training services for
applicants for or recipients of food stamps or, aid to families
with dependent children and work readiness or Minnesota family
investment program-statewide, including AFDC and MFIP-S
employment and training programs, and general assistance or work
readiness grant diversion. The contract must address:
(1) specific roles and responsibilities of each department;
(2) assignment and supervision of staff for interagency
activities including any necessary interagency employee mobility
agreements under the administrative procedures of the department
of employee relations;
(3) mechanisms for determining the conditions under which
individuals participate in services, their rights and
responsibilities while participating, and the standards by which
the services must be administered;
(4) procedures for providing technical assistance to local
service units, Indian tribes, and employment and training
service providers;
(5) access to appropriate staff for ongoing development and
interpretation of policy, rules, and program standards;
(6) procedures for reimbursing appropriate agencies for
administrative expenses; and
(7) procedures for accessing available federal funds.
Sec. 31. Minnesota Statutes 1996, section 268.871,
subdivision 1, is amended to read:
Subdivision 1. [RESPONSIBILITY AND CERTIFICATION.] (a)
Unless prohibited by federal law or otherwise determined by
state law, a local service unit is responsible for the delivery
of employment and training services. After February 1, 1988,
employment and training services must be delivered by certified
employment and training service providers.
(b) The local service unit's employment and training
service provider must meet the certification standards in this
subdivision in order to be certified to deliver any of the
following employment and training services and programs: wage
subsidies; work readiness; work readiness and general assistance
grant diversion; food stamp employment and training programs;
community work experience programs; AFDC or MFIP-S job search;
AFDC or MFIP-S grant diversion; AFDC or MFIP-S on-the-job
training; and AFDC or MFIP-S case management.
(c) The commissioner shall certify a local service unit's
service provider to provide these employment and training
services and programs if the commissioner determines that the
provider has:
(1) past experience in direct delivery of the programs
specified in paragraph (b);
(2) staff capabilities and qualifications, including
adequate staff to provide timely and effective services to
clients, and proven staff experience in providing specific
services such as assessments, career planning, job development,
job placement, support services, and knowledge of community
services and educational resources;
(3) demonstrated effectiveness in providing services to
public assistance recipients and other economically
disadvantaged clients; and
(4) demonstrated administrative capabilities, including
adequate fiscal and accounting procedures, financial management
systems, participant data systems, and record retention
procedures.
(d) When the only service provider that meets the criterion
in paragraph (c), clause (1), has been decertified, pursuant
according to subdivision 1a, in that local service unit, the
following criteria shall be substituted: past experience in
direct delivery of multiple, coordinated, nonduplicative
services, including outreach, assessments, identification of
client barriers, employability development plans, and provision
or referral to support services.
(e) The commissioner shall certify providers of the
Minnesota family investment plan case management services as
defined in section 256.032, subdivision 3. Providers must meet
the standards defined in paragraph (c), except that past
experience under paragraph (c), clause (1), must be in services
and programs similar to those specified in section 256.032,
subdivision 3.
Employment and training service providers shall be
certified by the commissioner for two fiscal years beginning
July 1, 1991, and every second year thereafter.
Sec. 32. Minnesota Statutes 1996, section 268.90,
subdivision 2, is amended to read:
Subd. 2. [EMPLOYMENT CONDITIONS.] (a) An eligible
nonprofit or public employer may not terminate, lay off, or
reduce the regular working hours of an employee for the purpose
of hiring an individual with money available under this
program. An eligible employer may not hire an individual with
money available through this program if any other person is on
layoff from the same or a substantially equivalent job.
(b) Community investment program participants are employees
of the project employer within the meaning of workers'
compensation laws, personal income tax, and the federal
insurance contribution act, but not retirement or civil service
laws.
(c) Each project and job must comply with all applicable
affirmative action, fair labor, health, safety, and
environmental standards.
(d) Individuals employed under the community investment
program must be paid a wage at the same wage rates as work site
or employees doing comparable work in that locality, unless
otherwise specified in law.
(e) Recipients of aid to families with dependent
children or Minnesota family investment program-statewide who
are eligible on the basis of an unemployed parent may not have
available more than 100 hours a month. All employees are
limited to 32 hours or four days a week, so that they can
continue to seek full-time private sector employment, unless
otherwise specified in law.
(f) The commissioner shall establish, by rule, the terms
and conditions governing the participation of appropriate public
assistance recipients. The rules must, at a minimum, establish
the procedures by which the minimum and maximum number of work
hours and maximum allowable travel distances are determined, the
amounts and methods by which work expenses will be paid, and the
manner in which support services will be provided. The rules
must also provide for periodic reviews of clients continuing
employment in community investment programs.
(g) Participation in a community investment program by a
recipient of aid to families with dependent children, Minnesota
family investment program-statewide or general assistance is
voluntary; however, work readiness registrants may be required
to participate.
Sec. 33. Minnesota Statutes 1996, section 268.916, is
amended to read:
268.916 [REPORTS.]
Each grantee shall submit an annual report to the
commissioner on the format designated by the commissioner,
including program information report data. By January 1 of each
year, the commissioner shall prepare an annual report to the
health and human services committee of the house of
representatives and the family services committee of the senate
concerning the uses and impact of head start supplemental
funding, including a summary of innovative programs and the
results of innovative programs and an evaluation of the
coordination of head start programs with employment and training
services provided to AFDC and MFIP-S recipients.
Sec. 34. Minnesota Statutes 1996, section 268.95,
subdivision 4, is amended to read:
Subd. 4. [PILOT PROGRAM.] The commissioner shall develop a
pilot program, in cooperation with the commissioners of trade
and economic development and human services, to enable
low-income persons to start or expand self-employment
opportunities or home-based businesses that are designed to make
the individual entrepreneurs economically independent. The
commissioner of human services shall seek necessary waivers from
federal regulations to allow recipients of aid to families with
dependent children or Minnesota family investment
program-statewide to participate and retain eligibility while
establishing a business.
Sec. 35. Minnesota Statutes 1996, section 393.07,
subdivision 6, is amended to read:
Subd. 6. [PURCHASE OF EQUIPMENT TO AID WELFARE
RECIPIENTS.] Every local social services agency authorizing
braces, crutches, trusses, wheel chairs and hearing aids for use
by recipients of supplemental security income for the aged,
blind and disabled, aid to families with dependent children or
Minnesota family investment program-statewide and relief shall
secure such devices at the lowest cost obtainable conducive to
the well being of the recipient and fix the recipient's grant in
an amount to cover the cost of the device providing it will be
purchased at the lowest cost obtainable, or may make payment for
the device directly to the vendor.
Sec. 36. Minnesota Statutes 1996, section 477A.0122,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of this section, the
following definitions apply:
(a) "Children in out-of-home placement" means the total
unduplicated number of children in out-of-home care as reported
pursuant according to section 257.0725.
(b) "Family preservation programs" means family-based
services as defined in section 256F.03, subdivision 5, families
first services, parent and child education programs, and day
treatment services provided in cooperation with a school
district or other programs as defined by the commissioner of
human services.
(c) "Income maintenance caseload" means average monthly
number of AFDC or Minnesota family investment program-statewide
cases for the calendar year.
By July 1, 1994, the commissioner of human services shall
certify to the commissioner of revenue the number of children in
out-of-home placement in 1991 and 1992 for each county and the
income maintenance caseload for each county for the most recent
year available. By July 1 of each subsequent year, the
commissioner of human services shall certify to the commissioner
of revenue the income maintenance caseload for each county for
the most recent calendar year available.
Sec. 37. Minnesota Statutes 1996, section 550.37,
subdivision 14, is amended to read:
Subd. 14. [PUBLIC ASSISTANCE.] All relief based on need,
and the earnings or salary of a person who is a recipient of
relief based on need, shall be exempt from all claims of
creditors including any contractual setoff or security interest
asserted by a financial institution. For the purposes of this
chapter, relief based on need includes AFDC, MFIP, MFIP-R,
MFIP-S, Work First, general assistance medical care,
supplemental security income, medical assistance, Minnesota
supplemental assistance, and general assistance. The salary or
earnings of any debtor who is or has been an eligible recipient
of relief based on need, or an inmate of a correctional
institution shall, upon the debtor's return to private
employment or farming after having been an eligible recipient of
relief based on need, or an inmate of a correctional
institution, be exempt from attachment, garnishment, or levy of
execution for a period of six months after the debtor's return
to employment or farming and after all public assistance for
which eligibility existed has been terminated. The exemption
provisions contained in this subdivision also apply for 60 days
after deposit in any financial institution, whether in a single
or joint account. In tracing the funds, the first-in first-out
method of accounting shall be used. The burden of establishing
that funds are exempt rests upon the debtor. Agencies
distributing relief and the correctional institutions shall, at
the request of creditors, inform them whether or not any debtor
has been an eligible recipient of relief based on need, or an
inmate of a correctional institution, within the preceding six
months.
Sec. 38. [REVISOR INSTRUCTION.]
The revisor of statutes shall identify in Minnesota
Statutes and Minnesota Rules all references to aid to families
with dependent children, AFDC, aid to dependent children, family
general assistance, and FGA, and to Minnesota Statutes, section
256.12, or any of the sections of Minnesota Statutes from
sections 256.72 to 256.87.
The revisor shall prepare a report by January 1, 1998, for
the 1998 legislature showing where these references are located.
Sec. 39. [EFFECTIVE DATE.]
This article is effective July 1, 1997.
ARTICLE 5
PROGRAM INTEGRITY INITIATIVES
Section 1. Minnesota Statutes 1996, section 13.82,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] This section shall apply to
agencies which carry on a law enforcement function, including
but not limited to municipal police departments, county sheriff
departments, fire departments, the bureau of criminal
apprehension, the Minnesota state patrol, the board of peace
officer standards and training, the department of commerce, and
the department of labor and industry fraud investigation unit,
the program integrity section of, and county human service
agency client and provider fraud prevention and control units
operated or supervised by the department of human services.
Sec. 2. Minnesota Statutes 1996, section 256.01,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
section 241.021, subdivision 2, the commissioner of human
services shall:
(1) Administer and supervise all forms of public assistance
provided for by state law and other welfare activities or
services as are vested in the commissioner. Administration and
supervision of human services activities or services includes,
but is not limited to, assuring timely and accurate distribution
of benefits, completeness of service, and quality program
management. In addition to administering and supervising human
services activities vested by law in the department, the
commissioner shall have the authority to:
(a) require county agency participation in training and
technical assistance programs to promote compliance with
statutes, rules, federal laws, regulations, and policies
governing human services;
(b) monitor, on an ongoing basis, the performance of county
agencies in the operation and administration of human services,
enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote
excellence of administration and program operation;
(c) develop a quality control program or other monitoring
program to review county performance and accuracy of benefit
determinations;
(d) require county agencies to make an adjustment to the
public assistance benefits issued to any individual consistent
with federal law and regulation and state law and rule and to
issue or recover benefits as appropriate;
(e) delay or deny payment of all or part of the state and
federal share of benefits and administrative reimbursement
according to the procedures set forth in section 256.017; and
(f) make contracts with and grants to public and private
agencies and organizations, both profit and nonprofit, and
individuals, using appropriated funds.
(2) Inform county agencies, on a timely basis, of changes
in statute, rule, federal law, regulation, and policy necessary
to county agency administration of the programs.
(3) Administer and supervise all child welfare activities;
promote the enforcement of laws protecting handicapped,
dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the
times of the conception nor at the births of the children;
license and supervise child-caring and child-placing agencies
and institutions; supervise the care of children in boarding and
foster homes or in private institutions; and generally perform
all functions relating to the field of child welfare now vested
in the state board of control.
(4) Administer and supervise all noninstitutional service
to handicapped persons, including those who are visually
impaired, hearing impaired, or physically impaired or otherwise
handicapped. The commissioner may provide and contract for the
care and treatment of qualified indigent children in facilities
other than those located and available at state hospitals when
it is not feasible to provide the service in state hospitals.
(5) Assist and actively cooperate with other departments,
agencies and institutions, local, state, and federal, by
performing services in conformity with the purposes of Laws
1939, chapter 431.
(6) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in
conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the
state to aid in the performance of any functions of the
commissioner as specified in Laws 1939, chapter 431, and
including the promulgation of rules making uniformly available
medical care benefits to all recipients of public assistance, at
such times as the federal government increases its participation
in assistance expenditures for medical care to recipients of
public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(7) Establish and maintain any administrative units
reasonably necessary for the performance of administrative
functions common to all divisions of the department.
(8) Act as designated guardian of both the estate and the
person of all the wards of the state of Minnesota, whether by
operation of law or by an order of court, without any further
act or proceeding whatever, except as to persons committed as
mentally retarded.
(9) Act as coordinating referral and informational center
on requests for service for newly arrived immigrants coming to
Minnesota.
(10) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a
limitation upon the general transfer of powers herein contained.
(11) Establish county, regional, or statewide schedules of
maximum fees and charges which may be paid by county agencies
for medical, dental, surgical, hospital, nursing and nursing
home care and medicine and medical supplies under all programs
of medical care provided by the state and for congregate living
care under the income maintenance programs.
(12) Have the authority to conduct and administer
experimental projects to test methods and procedures of
administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental
projects, it is further provided that the commissioner of human
services is authorized to waive the enforcement of existing
specific statutory program requirements, rules, and standards in
one or more counties. The order establishing the waiver shall
provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or
benefits provided by law, and in no event shall the duration of
a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the
provisions of this section shall become effective until the
following conditions have been met:
(a) The proposed comprehensive plan, including estimated
project costs and the proposed order establishing the waiver,
shall be filed with the secretary of the senate and chief clerk
of the house of representatives at least 60 days prior to its
effective date.
(b) The secretary of health, education, and welfare of the
United States has agreed, for the same project, to waive state
plan requirements relative to statewide uniformity.
(c) A comprehensive plan, including estimated project
costs, shall be approved by the legislative advisory commission
and filed with the commissioner of administration.
(13) In accordance with According to federal requirements,
establish procedures to be followed by local welfare boards in
creating citizen advisory committees, including procedures for
selection of committee members.
(14) Allocate federal fiscal disallowances or sanctions
which are based on quality control error rates for the aid to
families with dependent children, Minnesota family investment
program-statewide, medical assistance, or food stamp program in
the following manner:
(a) One-half of the total amount of the disallowance shall
be borne by the county boards responsible for administering the
programs. For the medical assistance, MFIP-S, and AFDC
programs, disallowances shall be shared by each county board in
the same proportion as that county's expenditures for the
sanctioned program are to the total of all counties'
expenditures for the AFDC, MFIP-S, and medical assistance
programs. For the food stamp program, sanctions shall be shared
by each county board, with 50 percent of the sanction being
distributed to each county in the same proportion as that
county's administrative costs for food stamps are to the total
of all food stamp administrative costs for all counties, and 50
percent of the sanctions being distributed to each county in the
same proportion as that county's value of food stamp benefits
issued are to the total of all benefits issued for all
counties. Each county shall pay its share of the disallowance
to the state of Minnesota. When a county fails to pay the
amount due hereunder, the commissioner may deduct the amount
from reimbursement otherwise due the county, or the attorney
general, upon the request of the commissioner, may institute
civil action to recover the amount due.
(b) Notwithstanding the provisions of paragraph (a), if the
disallowance results from knowing noncompliance by one or more
counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the
commissioner may require payment or recover from the county or
counties, in the manner prescribed in paragraph (a), an amount
equal to the portion of the total disallowance which resulted
from the noncompliance, and may distribute the balance of the
disallowance according to paragraph (a).
(15) Develop and implement special projects that maximize
reimbursements and result in the recovery of money to the
state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any
recoveries that result from projects or contracts entered into
under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the
account reaches $1,000,000. When the balance in the account
exceeds $1,000,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated
to the commissioner for the purposes of this paragraph.
(16) Have the authority to make direct payments to
facilities providing shelter to women and their children
pursuant according to section 256D.05, subdivision 3. Upon the
written request of a shelter facility that has been denied
payments under section 256D.05, subdivision 3, the commissioner
shall review all relevant evidence and make a determination
within 30 days of the request for review regarding issuance of
direct payments to the shelter facility. Failure to act within
30 days shall be considered a determination not to issue direct
payments.
(17) Have the authority to establish and enforce the
following county reporting requirements:
(a) The commissioner shall establish fiscal and statistical
reporting requirements necessary to account for the expenditure
of funds allocated to counties for human services programs.
When establishing financial and statistical reporting
requirements, the commissioner shall evaluate all reports, in
consultation with the counties, to determine if the reports can
be simplified or the number of reports can be reduced.
(b) The county board shall submit monthly or quarterly
reports to the department as required by the commissioner.
Monthly reports are due no later than 15 working days after the
end of the month. Quarterly reports are due no later than 30
calendar days after the end of the quarter, unless the
commissioner determines that the deadline must be shortened to
20 calendar days to avoid jeopardizing compliance with federal
deadlines or risking a loss of federal funding. Only reports
that are complete, legible, and in the required format shall be
accepted by the commissioner.
(c) If the required reports are not received by the
deadlines established in clause (b), the commissioner may delay
payments and withhold funds from the county board until the next
reporting period. When the report is needed to account for the
use of federal funds and the late report results in a reduction
in federal funding, the commissioner shall withhold from the
county boards with late reports an amount equal to the reduction
in federal funding until full federal funding is received.
(d) A county board that submits reports that are late,
illegible, incomplete, or not in the required format for two out
of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant,
the commissioner shall notify the county board of the reason the
county board is considered noncompliant and request that the
county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective
action plan must be submitted to the commissioner within 45 days
after the date the county board received notice of noncompliance.
(e) The final deadline for fiscal reports or amendments to
fiscal reports is one year after the date the report was
originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding
associated with the report for that reporting period and the
county board must repay any funds associated with the report
received for that reporting period.
(f) The commissioner may not delay payments, withhold
funds, or require repayment under paragraph (c) or (e) if the
county demonstrates that the commissioner failed to provide
appropriate forms, guidelines, and technical assistance to
enable the county to comply with the requirements. If the
county board disagrees with an action taken by the commissioner
under paragraph (c) or (e), the county board may appeal the
action according to sections 14.57 to 14.69.
(g) Counties subject to withholding of funds under
paragraph (c) or forfeiture or repayment of funds under
paragraph (e) shall not reduce or withhold benefits or services
to clients to cover costs incurred due to actions taken by the
commissioner under paragraph (c) or (e).
(18) Allocate federal fiscal disallowances or sanctions for
audit exceptions when federal fiscal disallowances or sanctions
are based on a statewide random sample for the foster care
program under title IV-E of the Social Security Act, United
States Code, title 42, in direct proportion to each county's
title IV-E foster care maintenance claim for that period.
(19) Be responsible for ensuring the detection, prevention,
investigation, and resolution of fraudulent activities or
behavior by applicants, recipients, and other participants in
the human services programs administered by the department.
(20) Require county agencies to identify overpayments,
establish claims, and utilize all available and cost-beneficial
methodologies to collect and recover these overpayments in the
human services programs administered by the department.
Sec. 3. Minnesota Statutes 1996, section 256.017,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] The following terms have the
meanings given for the purpose purposes of this section.
(a) "Administrative penalty" means an adjustment against
the county agency's state and federal benefit and federal
administrative reimbursement when the commissioner determines
that the county agency is not in compliance with the policies
and procedures established by the commissioner.
(b) "Quality control case penalty" means an adjustment
against the county agency's federal administrative reimbursement
and state and federal benefit reimbursement when the
commissioner determines through a quality control review that
the county agency has made incorrect payments, terminations, or
denials of benefits as determined by state quality control
procedures for the aid to families with dependent children,
Minnesota family investment program-statewide, food stamp, or
medical assistance programs, or any other programs for which the
commissioner has developed a quality control system. Quality
control case penalties apply only to agency errors as defined by
state quality control procedures.
(c) "Quality control control/quality assurance" means a
review system of a statewide random sample of cases, designed to
provide data on program outcomes and the accuracy with which
state and federal policies are being applied in issuing benefits
and as a fiscal audit to ensure the accuracy of expenditures.
The quality control control/quality assurance system is
administered by the department. For the aid to families with
dependent children, Minnesota family investment
program-statewide, food stamp, and medical assistance programs,
the quality control system is that required by federal
regulation, or those developed by the commissioner.
Sec. 4. Minnesota Statutes 1996, section 256.019, is
amended to read:
256.019 [RECOVERY OF MONEY; APPORTIONMENT.]
When an amount is recovered from any source for assistance
given under the provisions governing public assistance programs
including aid to families with dependent children, MFIP-S,
general assistance medical care, emergency assistance, general
assistance, work readiness, and Minnesota supplemental aid,
there shall be paid to the United States the amount due under
the terms of the Social Security Act and the balance must be
paid into the treasury of the state or county in accordance with
current rates of financial participation; except the county may
keep one-half of recovery made by the county agency using any
method other than recoupment. For medical assistance, if the
recovery is made by a county agency using any method other than
recoupment, the county may keep one-half of the nonfederal share
of the recovery. This does not apply to recoveries from medical
providers or to recoveries begun by the department of human
services' surveillance and utilization review division, state
hospital collections unit, and the benefit recoveries division
or, by the attorney general's office, or child support
collections. In the food stamp program, the nonfederal share of
recoveries in the federal tax refund offset program (FTROP) only
will be divided equally between the state agency and the
involved county agency.
Sec. 5. Minnesota Statutes 1996, section 256.045,
subdivision 3, is amended to read:
Subd. 3. [STATE AGENCY HEARINGS.] (a) State agency
hearings are available for the following: (1) any person
applying for, receiving or having received public assistance,
medical care, or a program of social services granted by the
state agency or a county agency under sections 252.32, 256.031
to 256.036, and 256.72 to 256.879, chapters 256B, 256D, 256E,
261, or the federal Food Stamp Act whose application for
assistance is denied, not acted upon with reasonable promptness,
or whose assistance is suspended, reduced, terminated, or
claimed to have been incorrectly paid; (2) any patient or
relative aggrieved by an order of the commissioner under section
252.27; (3) a party aggrieved by a ruling of a prepaid health
plan; (4) any individual or facility determined by a lead agency
to have maltreated a vulnerable adult under section 626.557
after they have exercised their right to administrative
reconsideration under section 626.557; (5) any person whose
claim for foster care payment pursuant according to a placement
of the child resulting from a child protection assessment under
section 626.556 is denied or not acted upon with reasonable
promptness, regardless of funding source; (6) any person to whom
a right of appeal pursuant according to this section is given by
other provision of law; or (7) an applicant aggrieved by an
adverse decision to an application for a hardship waiver under
section 256B.15. The failure to exercise the right to an
administrative reconsideration shall not be a bar to a hearing
under this section if federal law provides an individual the
right to a hearing to dispute a finding of maltreatment.
Individuals and organizations specified in this section may
contest the specified action, decision, or final disposition
before the state agency by submitting a written request for a
hearing to the state agency within 30 days after receiving
written notice of the action, decision, or final disposition, or
within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause why the request
was not submitted within the 30-day time limit.
The hearing for an individual or facility under clause (4)
is the only administrative appeal to the final lead agency
disposition specifically, including a challenge to the accuracy
and completeness of data under section 13.04. Hearings
requested under clause (4) apply only to incidents of
maltreatment that occur on or after October 1, 1995. Hearings
requested by nursing assistants in nursing homes alleged to have
maltreated a resident prior to October 1, 1995, shall be held as
a contested case proceeding under the provisions of chapter 14.
For purposes of this section, bargaining unit grievance
procedures are not an administrative appeal.
The scope of hearings involving claims to foster care
payments under clause (5) shall be limited to the issue of
whether the county is legally responsible for a child's
placement under court order or voluntary placement agreement
and, if so, the correct amount of foster care payment to be made
on the child's behalf and shall not include review of the
propriety of the county's child protection determination or
child placement decision.
(b) Except for a prepaid health plan, a vendor of medical
care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services
under section 256E.08, subdivision 4, is not a party and may not
request a hearing under this section, except if assisting a
recipient as provided in subdivision 4.
(c) An applicant or recipient is not entitled to receive
social services beyond the services included in the amended
community social services plan developed under section 256E.081,
subdivision 3, if the county agency has met the requirements in
section 256E.081.
(d) The commissioner may summarily affirm the county or
state agency's proposed action without a hearing when the sole
issue is an automatic change due to a change in state or federal
law.
Sec. 6. Minnesota Statutes 1996, section 256.046, is
amended to read:
256.046 [ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS.]
Subdivision 1. [HEARING AUTHORITY.] A local agency may
shall initiate an administrative fraud disqualification hearing
for individuals accused of wrongfully obtaining assistance or
intentional program violations, in lieu of a criminal action, in
the aid to families with dependent children, MFIP-S, child care,
general assistance, family general assistance, Minnesota
supplemental aid, medical care, or food stamp programs. The
hearing is subject to the requirements of section 256.045 and
the requirements in Code of Federal Regulations, title 7,
section 273.16, for the food stamp program and title 45, section
235.112, as of September 30, 1995, for the aid to families with
dependent children program cash grant and medical care programs.
Subd. 2. [COMBINED HEARING.] The referee may combine a
fair hearing and administrative fraud disqualification hearing
into a single hearing if the factual issues arise out of the
same, or related, circumstances and the individual receives
prior notice that the hearings will be combined. If the
administrative fraud disqualification hearing and fair hearing
are combined, the time frames for administrative fraud
disqualification hearings set forth specified in Code of Federal
Regulations, title 7, section 273.16, and title 45, section
235.112, as of September 30, 1995, apply. If the individual
accused of wrongfully obtaining assistance is charged under
section 256.98 for the same act or acts which are the subject of
the hearing, the individual may request that the hearing be
delayed until the criminal charge is decided by the court or
withdrawn.
Sec. 7. [256.0471] [OVERPAYMENTS BECOME JUDGMENTS BY
OPERATION OF LAW.]
Subdivision 1. [QUALIFYING OVERPAYMENT.] Any overpayment
for assistance granted under sections 256.031 to 256.0361,
256.72 to 256.871, and 256H.05; chapters 256B, 256D, 256I, 256J,
and 256K; and the food stamp program, except agency error
claims, become a judgment by operation of law 90 days after the
notice of overpayment is personally served upon the recipient in
a manner that is sufficient under rule 4.03(a) of the Rules of
Civil Procedure for district courts, or by certified mail,
return receipt requested. This judgment shall be entitled to
full faith and credit in this and any other state.
Subd. 2. [OVERPAYMENTS INCLUDED.] This section is limited
to overpayments for which notification is issued within the time
period specified under section 541.05.
Subd. 3. [NOTIFICATION REQUIREMENTS.] A judgment is only
obtained after:
(1) a notice of overpayment has been personally served on
the recipient or former recipient in a manner sufficient under
rule 4.03(a) of the Rules of Civil Procedure for district
courts, or mailed to the recipient or former recipient certified
mail return receipt requested; and
(2) the time period under section 256.045, subdivision 3,
has elapsed without a request for a hearing, or a hearing
decision has been rendered under section 256.045 or 256.046
which concludes the existence of an overpayment that meets the
requirements of this section.
Subd. 4. [NOTICE OF OVERPAYMENT.] The notice of
overpayment shall include the amount and cause of the
overpayment, appeal rights, and an explanation of the
consequences of the judgment that will be established if an
appeal is not filed timely or if the administrative hearing
decision establishes that there is an overpayment which
qualifies for judgment.
Subd. 5. [JUDGMENTS ENTERED AND DOCKETED.] A judgment
shall be entered and docketed under section 548.09 only after at
least three months have elapsed since:
(1) the notice of overpayment was served on the recipient
pursuant to subdivision 3; and
(2) the last time a monthly recoupment was applied to the
overpayment.
Subd. 6. [DOCKETING OF OVERPAYMENTS.] On or after the date
an unpaid overpayment becomes a judgment by operation of law
under subdivision 1, the agency or public authority may file
with the court administrator:
(1) a statement identifying, or a copy of, the overpayment
notice which provides for an appeal process and requires payment
of the overpayment;
(2) proof of service of the notice of overpayment;
(3) an affidavit of default, stating the full name,
occupation, place of residence, and last known post office
address of the debtor; the name and post office address of the
agency or public authority; the date or dates the overpayment
was incurred; the program that was overpaid; and the total
amount of the judgment; and
(4) an affidavit of service of a notice of entry of
judgment shall be made by first class mail at the address where
the debtor was served with the notice of overpayment. Service
is completed upon mailing in the manner designated.
Subd. 7. [DOES NOT IMPEDE OTHER METHODS.] Nothing in this
section shall be construed to impede or restrict alternative
recovery methods for these overpayments or overpayments which do
not meet the requirements of this section.
Sec. 8. Minnesota Statutes 1996, section 256.98,
subdivision 1, is amended to read:
Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person
who commits any of the following acts or omissions is guilty of
theft and shall be sentenced under section 609.52, subdivision
3, clauses (1) to (5):
(1) obtains, or attempts to obtain, or aids or abets any
person to obtain by means of a willfully false statement or
representation, by intentional concealment of a any material
fact, or by impersonation or other fraudulent device, assistance
or the continued receipt of assistance, to include child care or
vouchers produced according to sections 145.891 to 145.897 and
MinnesotaCare services according to sections 256.9351 to
256.966, to which the person is not entitled or assistance
greater than that to which the person is entitled, or who;
(2) knowingly aids or abets in buying or in any way
disposing of the property of a recipient or applicant of
assistance without the consent of the county agency with intent
to defeat the purposes of sections 145.891 to 145.897, 256.12,
256.031 to 256.0361, 256.72 to 256.871, and 256.9351 to 256.966,
child care, the MFIP-S, chapter 256B, 256D, 256J, or 256K, or
all of these sections is guilty of theft and shall be sentenced
pursuant to section 609.52, subdivision 3, clauses (2), (3)(a)
and (c), (4), and (5).
The continued receipt of assistance to which the person is
not entitled or greater than that to which the person is
entitled as a result of any of the acts, failure to act, or
concealment described in this subdivision shall be deemed to be
continuing offenses from the date that the first act or failure
to act occurred.
Sec. 9. Minnesota Statutes 1996, section 256.98,
subdivision 4, is amended to read:
Subd. 4. [RECOVERY OF ASSISTANCE.] The amount of
assistance determined to have been incorrectly paid is
recoverable from:
(1) the recipient or the recipient's estate by the county
or the state as a debt due the county or the state or both in
proportion to the contribution of each.; and
(2) any person found to have taken independent action to
establish eligibility for, conspired with, or aided and abetted,
any recipient of public assistance found to have been
incorrectly paid.
The obligations established under this subdivision shall be
joint and several and shall extend to all cases involving client
error as well as cases involving wrongfully obtained assistance.
Sec. 10. Minnesota Statutes 1996, section 256.98,
subdivision 8, is amended to read:
Subd. 8. [DISQUALIFICATION FROM PROGRAM.] Any person found
to be guilty of wrongfully obtaining assistance by a federal or
state court or by an administrative hearing determination, or
waiver thereof, through a disqualification consent agreement, or
as part of any approved diversion plan under section 401.065, or
any court-ordered stay which carries with it any probationary or
other conditions, in the aid to families with dependent children
program, the Minnesota family assistance program-statewide, the
food stamp program, the Minnesota family investment plan, child
care program, the general assistance or family general
assistance program, or the Minnesota supplemental aid program,
or the work readiness program shall be disqualified from that
program. The needs of that individual shall not be taken into
consideration in determining the grant level for that assistance
unit:
(1) for six months one year after the first offense;
(2) for 12 months two years after the second offense; and
(3) permanently after the third or subsequent offense.
The period of program disqualification shall begin on the
date stipulated on the advance notice of disqualification
without possibility of postponement for administrative stay or
administrative hearing and shall continue through completion
unless and until the findings upon which the sanctions were
imposed are reversed by a court of competent jurisdiction. The
period for which sanctions are imposed is not subject to
review. The sanctions provided under this subdivision are in
addition to, and not in substitution for, any other sanctions
that may be provided for by law for the offense involved. A
disqualification established through hearing or waiver shall
result in the disqualification period beginning immediately
unless the person has become otherwise ineligible for
assistance. If the person is ineligible for assistance, the
disqualification period begins when the person again meets the
eligibility criteria of the program from which they were
disqualified and makes application for that program.
Sec. 11. Minnesota Statutes 1996, 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 maintenance of
budget neutral fraud prevention investigation programs in the
seven counties participating in the fraud prevention
investigation pilot project established under this section, 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. 12. Minnesota Statutes 1996, section 256.983,
subdivision 4, is amended to read:
Subd. 4. [FUNDING.] (a) Every involved county agency shall
either have in place or obtain an approved contract which meets
all federal requirements necessary to obtain enhanced federal
funding for its welfare fraud control and fraud prevention
investigation programs. County agency reimbursement shall be
made through the settlement provisions applicable to the aid to
families with dependent children and program, food stamp
programs program, Minnesota family investment program-statewide,
and medical assistance program and other federal and
state-funded programs.
(b) After allowing an opportunity to establish compliance,
The commissioner will deny administrative reimbursement maintain
program compliance if for any three-month three consecutive
month period during any grant year, a county agency fails to
comply with fraud prevention investigation program guidelines,
or fails to meet the cost-effectiveness standards developed by
the commissioner. This result is contingent on the commissioner
providing written notice, including an offer of technical
assistance, within 30 days of the end of the third or subsequent
month of noncompliance. The county agency shall be required to
submit a corrective action plan to the commissioner within 30
days of receipt of a notice of noncompliance. Failure to submit
a corrective action plan or, continued deviation from standards
of more than ten percent after submission of a corrective action
plan, will result in denial of funding for each subsequent month
during the grant year, or billing the county agency for fraud
prevention investigation (FPI) service provided by the
commissioner, or reallocation of program grant funds, or
investigative resources, or both, to other counties. The denial
of funding shall apply to the general settlement received by the
county agency on a quarterly basis and shall not reduce the
grant amount applicable to the FPI project.
Sec. 13. Minnesota Statutes 1996, section 256.984,
subdivision 1, is amended to read:
Subdivision 1. [DECLARATION.] Every application for public
assistance under this chapter and/or chapters 256B, 256D, 256K,
MFIP-S program, and food stamps under chapter 393 shall be in
writing or reduced to writing as prescribed by the state agency
and shall contain the following declaration which shall be
signed by the applicant:
"I declare under the penalties of perjury that this
application has been examined by me and to the best of my
knowledge is a true and correct statement of every material
point. I understand that a person convicted of perjury may
be sentenced to imprisonment of not more than five years or
to payment of a fine of not more than $10,000, or both."
Sec. 14. Minnesota Statutes 1996, section 256.986, is
amended to read:
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 April 30 of each
state fiscal 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 April 30,
1998.
(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. 15. Minnesota Statutes 1996, section 256.9861,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHED.] Within the limits of
available state and federal appropriations, and to the extent
required or authorized by applicable federal regulations, the
commissioner of human services shall make funding available to
county agencies for the establishment of program integrity
reinvestment initiatives. The project shall initially be
limited to those county agencies participating in federally
funded optional fraud control programs as of January 1,
1995 fraud control efforts and require the maintenance of county
efforts and financial contribution that were in place during
fiscal year 1996.
Sec. 16. Minnesota Statutes 1996, section 256.9861,
subdivision 2, is amended to read:
Subd. 2. [COUNTY PROPOSALS.] Each included county shall
develop and submit annual funding, staffing, and operating grant
proposals to the commissioner no later than April 30 of each
year for the purpose of allocating federal and state funding and
appropriations. For the first operating year only, the proposal
shall be submitted no later than October 30. Each proposal
shall provide information on:
(1) the staffing and funding of the fraud investigation and
prosecution operations;
(2) job descriptions for agency fraud control staff;
(3) contracts covering outside investigative agencies;
(4) operational methods to integrate the use of fraud
prevention investigation techniques; and
(5) implementation and utilization of administrative
disqualification hearings and diversions into by the existing
county fraud control and prosecution procedures.
Sec. 17. Minnesota Statutes 1996, section 256.9861,
subdivision 4, is amended to read:
Subd. 4. [STANDARDS.] The commissioner shall, after
consultation with the involved counties, establish standards
governing the performance levels of involved county
investigative units based on grant agreements negotiated with
the involved county agencies. The standards shall take into
consideration and may include investigative caseloads, grant
savings levels, the comparison of fraud prevention and
prosecution directed investigations, utilization levels of
administrative disqualification hearings, the timely reporting
and implementation of disqualifications, and the timeliness
of the submission of statistical reports received from
prosecutors.
Sec. 18. Minnesota Statutes 1996, section 256.9861,
subdivision 5, is amended to read:
Subd. 5. [FUNDING.] (a) Grant funds are intended to help
offset the reduction in federal financial participation to 50
percent and may be apportioned to the participating counties
whenever feasible, and within the commissioner's discretion, to
achieve this goal. State funding shall be made available
contingent on counties submitting a plan that is approved by the
department of human services. Failure or delay in obtaining
that approval shall not, however, eliminate the obligation to
maintain fraud control efforts at the January 1, 1995 June 30,
1996, level. Additional counties may be added to the project to
the extent that funds are subsequently made available. Every
involved county must meet all federal requirements necessary to
obtain federal funding for its welfare fraud control and
prevention programs. County agency reimbursement shall be made
through the settlement provisions applicable to the AFDC and,
MFIP-S, food stamp, and medical assistance programs.
(b) Should a county agency fail to comply with the
standards set, or fail to meet cost-effectiveness standards
developed by the commissioner for three months during any grant
year any three-month period, the commissioner shall deny
reimbursement or administrative costs, after allowing an
opportunity to establish compliance.
(c) Any denial of reimbursement under paragraph (b) is
contingent on the commissioner providing written notice,
including an offer of technical assistance, within 30 days of
the end of the third or subsequent months of noncompliance. The
county agency shall be required to submit a corrective action
plan to the commissioner within 30 days of receipt of a notice
of noncompliance. Failure to submit a corrective action plan or
continued deviation from standards of more than ten percent
after submission of corrective action plan, will result in
denial of funding for each such month during the grant year, or
billing of the county agency for program integrity reinvestment
project services provided by the commissioner or reallocation of
grant funds to other counties. The denial of funding shall
apply to the general settlement received by the county agency on
a quarterly basis and shall not reduce the grant amount
applicable to the program integrity reinvestment project.
Sec. 19. [256.9863] [ASSISTANCE TRANSACTION CARD;
PRESUMPTION OF RECEIPT OF BENEFITS.]
Any person in whose name an assistance transaction card has
been issued shall be presumed to have received the benefit of
all transactions involving that card. This presumption applies
in all situations unless the card in question has been reported
lost or stolen by the cardholder. This presumption may be
overcome by a preponderance of evidence indicating that the card
was neither used by nor with the consent of the cardholder.
Overcoming this presumption does not create any new or
additional payment obligation not otherwise established in law,
rule, or regulation.
Sec. 20. [256.9864] [REPORTS BY RECIPIENT.]
(a) An assistance unit with a recent work history or with
earned income shall report monthly to the county agency on
income received and other circumstances affecting eligibility or
assistance amounts. All other assistance units shall report on
income and other circumstances affecting eligibility and
assistance amounts, as specified by the state agency.
(b) An assistance unit required to submit a report on the
form designated by the commissioner and within ten days of the
due date or the date of the significant change, whichever is
later, or otherwise report significant changes which would
affect eligibility or assistance amounts, is considered to have
continued its application for assistance effective the date the
required report is received by the county agency, if a complete
report is received within a calendar month in which assistance
was received, except that no assistance shall be paid for the
period beginning with the end of the month in which the report
was due and ending with the date the report was received by the
county agency.
Sec. 21. [256.9865] [RECOVERY OF OVERPAYMENTS AND ATM
ERRORS.]
Subdivision 1. [OBLIGATION TO RECOVER.] If an amount of
MFIP-S assistance is paid to a recipient in excess of the
payment due, it shall be recoverable by the county agency. This
recovery authority also extends to preexisting claims or newly
discovered claims established under the AFDC program in effect
on January 1, 1997. The agency shall give written notice to the
recipient of its intention to recover the overpayment. County
agency efforts and financial contributions shall be maintained
at the level in place during fiscal year 1996.
Subd. 2. [RECOUPMENT.] 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 in nonfraud cases and ten percent where fraud
has occurred. For recipients receiving benefits via electronic
benefits transfer, if the overpayment is a result of an
automated teller machine (ATM) dispensing funds in error to the
recipient, the agency may recover the ATM error by immediately
withdrawing funds from the recipient's electronic benefit
transfer account, up to the amount of the error. In cases where
there is both an overpayment and underpayment, the county agency
shall offset one against the other in correcting the payment.
Subd. 3. [VOLUNTARY REPAYMENTS.] Overpayments may also be
voluntarily repaid, in part or in full, by the individual, in
addition to the aid reductions in subdivision 2, to include
further voluntary reductions in the grant level agreed to in
writing by the individual, until the total amount of the
overpayment is repaid.
Subd. 4. [CLOSED CASE RECOVERIES.] The county agency shall
make reasonable efforts to recover overpayments to persons no
longer on assistance according to standards adopted by 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 unless the individual has
been convicted of fraud under section 256.98.
Sec. 22. [256.9866] [COMMUNITY SERVICE AS A COUNTY
OBLIGATION.]
Community service shall be an acceptable sentencing option
but shall not reduce the state or federal share of any amount to
be repaid or any subsequent recovery. Any reduction or offset
of any such amount ordered by a court shall be treated as
follows:
(1) any reduction in an overpayment amount, to include the
amount ordered as restitution, shall not reduce the underlying
amount established as an overpayment by the state or county
agency;
(2) total overpayments shall continue as a debt owed and
may be recovered by any civil or administrative means otherwise
available to the state or county agency; and
(3) any amount ordered to be offset against any overpayment
shall be deducted from the county share only of any recovery and
shall be based on the prevailing state minimum wage. To the
extent that any deduction is in fact made against any state or
county share, it shall be reimbursed from the county share of
payments to be made under section 256.025.
Sec. 23. Minnesota Statutes 1996, section 256D.09,
subdivision 6, is amended to read:
Subd. 6. [RECOVERY OF OVERPAYMENTS.] (a) If an amount of
general assistance or family general 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 in nonfraud
cases and ten percent where fraud has occurred, 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, to include further voluntary
reductions in the grant level agreed to in writing by the
individual, 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. 24. Minnesota Statutes 1996, section 270A.03,
subdivision 5, is amended to read:
Subd. 5. [DEBT.] "Debt" means a legal obligation of a
natural person to pay a fixed and certain amount of money, which
equals or exceeds $25 and which is due and payable to a claimant
agency. The term includes criminal fines imposed under section
609.10 or 609.125 and restitution. A debt may arise under a
contractual or statutory obligation, a court order, or other
legal obligation, but need not have been reduced to judgment.
A debt does not include includes any legal obligation of a
current recipient of assistance which is based on overpayment of
an assistance grant where that payment is based on a client
waiver or an administrative or judicial finding of an
intentional program violation; or where the debt is owed to a
program wherein the debtor is not a client at the time
notification is provided to initiate recovery under this chapter
and the debtor is not a current recipient of food stamps,
transitional child care, or transitional medical assistance.
A debt does not include any legal obligation to pay a
claimant agency for medical care, including hospitalization if
the income of the debtor at the time when the medical care was
rendered does not exceed the following amount:
(1) for an unmarried debtor, an income of $6,400 or less;
(2) for a debtor with one dependent, an income of $8,200 or
less;
(3) for a debtor with two dependents, an income of $9,700
or less;
(4) for a debtor with three dependents, an income of
$11,000 or less;
(5) for a debtor with four dependents, an income of $11,600
or less; and
(6) for a debtor with five or more dependents, an income of
$12,100 or less.
The income amounts in this subdivision shall be adjusted
for inflation for debts incurred in calendar years 1991 and
thereafter. The dollar amount of each income level that applied
to debts incurred in the prior year shall be increased in the
same manner as provided in section 290.06, subdivision 2d, for
the expansion of the tax rate brackets.
Sec. 25. Minnesota Statutes 1996, section 388.23,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The county attorney, or any
deputy or assistant county attorney whom the county attorney
authorizes in writing, has the authority to subpoena and require
the production of any records of telephone companies, cellular
phone companies, paging companies, electric companies, gas
companies, water utilities, chemical suppliers, hotels and
motels, pawn shops, airlines, buses, taxis, and other entities
engaged in the business of transporting people, and freight
companies, warehousing companies, self-service storage
facilities, package delivery companies, and other entities
engaged in the businesses of transport, storage, or delivery,
and records of the existence of safe deposit box account numbers
and customer savings and checking account numbers maintained by
financial institutions and safe deposit companies, insurance
records relating to the monetary payment or settlement of
claims, and wage and employment records of an applicant or
recipient of public assistance who is the subject of a welfare
fraud investigation relating to eligibility information for
public assistance programs. Subpoenas may only be issued for
records that are relevant to an ongoing legitimate law
enforcement investigation. Administrative subpoenas may only be
issued in welfare fraud cases if there is probable cause to
believe a crime has been committed. This provision applies only
to the records of business entities and does not extend to
private individuals or their dwellings. Subpoenas may only be
served by peace officers as defined by section 626.84,
subdivision 1, paragraph (c).
Sec. 26. Minnesota Statutes 1996, section 393.07,
subdivision 10, is amended to read:
Subd. 10. [FEDERAL FOOD STAMP PROGRAM AND THE MATERNAL AND
CHILD NUTRITION ACT.] (a) The local social services agency shall
establish and administer the food stamp program pursuant
according to rules of the commissioner of human services, the
supervision of the commissioner as specified in section 256.01,
and all federal laws and regulations. The commissioner of human
services shall monitor food stamp program delivery on an ongoing
basis to ensure that each county complies with federal laws and
regulations. Program requirements to be monitored include, but
are not limited to, number of applications, number of approvals,
number of cases pending, length of time required to process each
application and deliver benefits, number of applicants eligible
for expedited issuance, length of time required to process and
deliver expedited issuance, number of terminations and reasons
for terminations, client profiles by age, household composition
and income level and sources, and the use of phone certification
and home visits. The commissioner shall determine the
county-by-county and statewide participation rate.
(b) On July 1 of each year, the commissioner of human
services shall determine a statewide and county-by-county food
stamp program participation rate. The commissioner may
designate a different agency to administer the food stamp
program in a county if the agency administering the program
fails to increase the food stamp program participation rate
among families or eligible individuals, or comply with all
federal laws and regulations governing the food stamp program.
The commissioner shall review agency performance annually to
determine compliance with this paragraph.
(c) A person who commits any of the following acts has
violated section 256.98 or 609.821, or both, and is subject to
both the criminal and civil penalties provided under those
sections:
(1) obtains or attempts to obtain, or aids or abets any
person to obtain by means of a willfully false willful statement
or representation misrepresentation, or intentional concealment
of a material fact, food stamps or vouchers issued according to
sections 145.891 to 145.897 to which the person is not entitled
or in an amount greater than that to which that person is
entitled or which specify nutritional supplements to which that
person is not entitled; or
(2) presents or causes to be presented, coupons or vouchers
issued according to sections 145.891 to 145.897 for payment or
redemption knowing them to have been received, transferred or
used in a manner contrary to existing state or federal law; or
(3) willfully uses, possesses, or transfers food stamp
coupons or, authorization to purchase cards or vouchers issued
according to sections 145.891 to 145.897 in any manner contrary
to existing state or federal law, rules, or regulations; or
(4) buys or sells food stamp coupons, authorization to
purchase cards or, other assistance transaction devices,
vouchers issued according to sections 145.891 to 145.897, or any
food obtained through the redemption of vouchers issued
according to sections 145.891 to 145.897 for cash or
consideration other than eligible food.
(d) A peace officer or welfare fraud investigator may
confiscate food stamps, authorization to purchase cards, or
other assistance transaction devices found in the possession of
any person who is neither a recipient of the food stamp program
nor otherwise authorized to possess and use such materials.
Confiscated property shall be disposed of as the commissioner
may direct and consistent with state and federal food stamp
law. The confiscated property must be retained for a period of
not less than 30 days to allow any affected person to appeal the
confiscation under section 256.045.
(e) Food stamp overpayment claims which are due in whole or
in part to client error shall be established by the county
agency for a period of six years from the date of any resultant
overpayment.
(f) With regard to the federal tax revenue offset program
only, recovery incentives authorized by the federal food and
consumer service shall be retained at the rate of 50 percent by
the state agency and 50 percent by the certifying county agency.
(g) A peace officer, welfare fraud investigator, federal
law enforcement official, or the commissioner of health may
confiscate vouchers found in the possession of any person who is
neither issued vouchers under sections 145.891 to 145.897, nor
otherwise authorized to possess and use such vouchers.
Confiscated property shall be disposed of as the commissioner of
health may direct and consistent with state and federal law.
The confiscated property must be retained for a period of not
less than 30 days.
Sec. 27. [FUNDING AVAILABILITY.]
Unexpended funds appropriated for the provision of program
integrity activities for fiscal year 1998 will also be available
to the commissioner to fund fraud prevention and control
initiatives and do not cancel but are available to the
commissioner for these purposes for fiscal year 1999.
Unexpended funds may be transferred between the fraud prevention
investigation program and fraud control programs to promote the
provisions of sections 256.983 and 256.9861.
Sec. 28. [EFFECTIVE DATE.]
Sections 1 to 27 are effective July 1, 1997.
Presented to the governor April 29, 1997
Signed by the governor April 30, 1997, 2:12 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes