1.1 	A bill for an act
1.2 	relating to human services; directing the commissioner of human services to 
1.3 	establish a presumptive eligibility process for home and community-based waiver 
1.4 	services and alternative care applicants;amending Minnesota Statutes 2020, section 
1.5 	256B.057, subdivision 12.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2020, section 256B.057, subdivision 12, is amended to read:
1.8 		Subd. 12.Presumptive eligibility determinations made by qualified hospitals; 
1.9 	presumptive eligibility process for home and community-based waiver services. (a) 
1.10 	The commissioner shall establish a process to qualify hospitals that are participating providers 
1.11 	under the medical assistance program to determine presumptive eligibility for medical 
1.12 	assistance for applicants who may have a basis of eligibility using the modified adjusted 
1.13 	gross income methodology as defined in section 256B.056, subdivision 1a, paragraph (b), 
1.14 	clause (1).
1.15 	(b) The commissioner shall establish a presumptive eligibility process for home and 
1.16 	community-based waiver services applicants and alternative care applicants. The process 
1.17 	must allow counties, home and community-based services providers, hospitals, and other 
1.18 	agencies, including local area agencies on aging, to determine presumptive eligibility under 
1.19 	Medicaid state plan or waiver authorities.

1.20 	EFFECTIVE DATE; FEDERAL APPROVAL. (a) Prior to July 1, 2023, the 
1.21 	commissioner of human services shall seek federal approval for an amendment to the 
1.22 	applicable 1915(c) home and community-based waivers to establish a presumptive eligibility 
1.23 	process for home and community-based waiver services under this section.
2.1 	(b) This section is effective July 1, 2024, or 90 days after federal approval, whichever 
2.2 	is later. The commissioner of human services shall notify the revisor of statutes when federal 
2.3 	approval is obtained.