Minnesota Session Laws - 1999, Regular Session

                             CHAPTER 10-S.F.No. 73 
                  An act relating to human services; modifying financial 
                  eligibility criteria for the consumer support program; 
                  requiring maximum use of federal funds for the 
                  program; amending Minnesota Statutes 1998, section 
                  256.476, subdivisions 3, 7, and 8. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 256.476, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ELIGIBILITY TO APPLY FOR GRANTS.] (a) A person 
        is eligible to apply for a consumer support grant if the person 
        meets all of the following criteria: 
           (1) the person is eligible for and has been approved to 
        receive services under medical assistance as determined under 
        sections 256B.055 and 256B.056 or the person is eligible for and 
        has been approved to receive services under alternative care 
        services as determined under section 256B.0913 or the person has 
        been approved to receive a grant under the developmental 
        disability family support program under section 252.32; 
           (2) the person is able to direct and purchase the person's 
        own care and supports, or the person has a family member, legal 
        representative, or other authorized representative who can 
        purchase and arrange supports on the person's behalf; 
           (3) the person has functional limitations, requires ongoing 
        supports to live in the community, and is at risk of or would 
        continue institutionalization without such supports; and 
           (4) the person will live in a home.  For the purpose of 
        this section, "home" means the person's own home or home of a 
        person's family member.  These homes are natural home settings 
        and are not licensed by the department of health or human 
        services. 
           (b) Persons may not concurrently receive a consumer support 
        grant if they are: 
           (1) receiving home and community-based services under 
        United States Code, title 42, section 1396h(c); personal care 
        attendant and home health aide services under section 256B.0625; 
        a developmental disability family support grant; or alternative 
        care services under section 256B.0913; or 
           (2) residing in an institutional or congregate care setting.
           (c) A person or person's family receiving a consumer 
        support grant shall not be charged a fee or premium by a local 
        agency for participating in the program.  A person or person's 
        family is not eligible for a consumer support grant if their 
        income is at a level where they are required to pay a parental 
        fee under sections 252.27, 256B.055, subdivision 12, and 256B.14 
        and rules adopted under those sections for medical assistance 
        services to a disabled child living with at least one parent.  
           (d) The commissioner may limit the participation of nursing 
        facility residents, residents of intermediate care facilities 
        for persons with mental retardation, and the recipients of 
        services from federal waiver programs in the consumer support 
        grant program if the participation of these individuals will 
        result in an increase in the cost to the state. 
           (e) The commissioner shall establish a budgeted 
        appropriation each fiscal year for the consumer support grant 
        program.  The number of individuals participating in the program 
        will be adjusted so the total amount allocated to counties does 
        not exceed the amount of the budgeted appropriation.  The 
        budgeted appropriation will be adjusted annually to accommodate 
        changes in demand for the consumer support grants. 
           Sec. 2.  Minnesota Statutes 1998, section 256.476, 
        subdivision 7, is amended to read: 
           Subd. 7.  [FEDERAL FUNDS.] The commissioner and the 
        counties shall make reasonable efforts to maximize the use of 
        federal funds including funds available through grants and 
        federal waivers.  If federal funds are made available to the 
        consumer support grant program, the money shall be allocated to 
        the responsible county agency's consumer support grant fund. 
           Sec. 3.  Minnesota Statutes 1998, section 256.476, 
        subdivision 8, is amended to read: 
           Subd. 8.  [COMMISSIONER RESPONSIBILITIES.] The commissioner 
        shall: 
           (1) transfer and allocate funds pursuant to this section; 
           (2) determine allocations based on projected and actual 
        local agency use; 
           (3) monitor and oversee overall program spending; 
           (4) evaluate the effectiveness of the program; 
           (5) provide training and technical assistance for local 
        agencies and consumers to help identify potential applicants to 
        the program; and 
           (6) develop guidelines for local agency program 
        administration and consumer information; and 
           (7) apply for a federal waiver or take any other action 
        necessary to maximize federal funding for the program by June 1, 
        1999. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective the day following final 
        enactment. 
           Presented to the governor March 11, 1999 
           Signed by the governor March 15, 1999, 2:34 p.m.