Minnesota Session Laws - 2009, Regular Session

CHAPTER 147--S.F.No. 501

An act

relating to human services; expanding the definition of services available under medical assistance for disabled children's services;

amending Minnesota Statutes 2008, section 252.27, subdivision 1a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 252.27, subdivision 1a, is amended to read:

Subd. 1a.

Definitions.

A "related condition" is a condition new text begin : (1) new text end that is found to be closely related to new text begin a new text end developmental disability, including, but not limited to, cerebral palsy, epilepsy, autism, new text begin fetal alcohol spectrum disorder, new text end and Prader-Willi syndrome new text begin ; new text end and new text begin (2) new text end that meets all of the following criteria:

deleted text begin (1) deleted text end new text begin (i) new text end is severe and chronic;

deleted text begin (2) deleted text end new text begin (ii) new text end results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with developmental disabilities;

deleted text begin (3) deleted text end new text begin (iii) new text end requires treatment or services similar to those required for persons with developmental disabilities;

deleted text begin (4) deleted text end new text begin (iv) new text end is manifested before the person reaches 22 years of age;

deleted text begin (5) deleted text end new text begin (v) new text end is likely to continue indefinitely;

deleted text begin (6) deleted text end new text begin (vi) new text end results in substantial functional limitations in three or more of the following areas of major life activity: deleted text begin (i) deleted text end new text begin (A) new text end self-care, deleted text begin (ii) deleted text end new text begin (B) new text end understanding and use of language, deleted text begin (iii) deleted text end new text begin (C) new text end learning, deleted text begin (iv) deleted text end new text begin (D) new text end mobility, deleted text begin (v) deleted text end new text begin (E) new text end self-direction, deleted text begin (vi) deleted text end new text begin (F) new text end capacity for independent living; and

deleted text begin (7) deleted text end new text begin (vii) new text end is not attributable to mental illness as defined in section 245.462, subdivision 20, or an emotional disturbance as defined in section 245.4871, subdivision 15.

For purposes of deleted text begin clause (7) deleted text end new text begin item (vii) new text end , notwithstanding section 245.462, subdivision 20, or 245.4871, subdivision 15, "mental illness" does not include autism or other pervasive developmental disorders.

Presented to the governor May 20, 2009

Signed by the governor May 21, 2009, 5:07 p.m.