1999 Minnesota Statutes

     254B.04 Eligibility for chemical dependency fund 
  services. 

    Subdivision 1.    Eligibility.  (a) Persons eligible for 
 benefits under Code of Federal Regulations, title 25, part 20, 
 persons eligible for medical assistance benefits under sections 
 256B.055, 256B.056, and 256B.057, subdivisions 1, 2, 5, and 6, 
 or who meet the income standards of section 256B.056, 
 subdivision 4, and persons eligible for general assistance 
 medical care under section 256D.03, subdivision 3, are entitled 
 to chemical dependency fund services.  State money appropriated 
 for this paragraph must be placed in a separate account 
 established for this purpose.  

    Persons with dependent children who are determined to be in 
 need of chemical dependency treatment pursuant to an assessment 
 under section 626.556, subdivision 10, or a case plan under 
 section 260C.201, subdivision 6, or 260C.212, shall be assisted 
 by the local agency to access needed treatment services.  
 Treatment services must be appropriate for the individual or 
 family, which may include long-term care treatment or treatment 
 in a facility that allows the dependent children to stay in the 
 treatment facility.  The county shall pay for out-of-home 
 placement costs, if applicable. 

    (b) A person not entitled to services under paragraph (a), 
 but with family income that is less than 60 percent of the state 
 median income for a family of like size and composition, shall 
 be eligible to receive chemical dependency fund services within 
 the limit of funds available after persons entitled to services 
 under paragraph (a) have been served.  If notified by the state 
 agency of limited funds, a county must give preferential 
 treatment to persons with dependent children who are in need of 
 chemical dependency treatment pursuant to an assessment under 
 section 626.556, subdivision 10, or a case plan under section 
 260C.201, subdivision 6, or 260C.212.  A county may spend money 
 from its own sources to serve persons under this paragraph.  
 State money appropriated for this paragraph must be placed in a 
 separate account established for this purpose. 

    (c) Persons whose income is between 60 percent and 115 
 percent of the state median income shall be eligible for 
 chemical dependency services on a sliding fee basis, within the 
 limit of funds available, after persons entitled to services 
 under paragraph (a) and persons eligible for services under 
 paragraph (b) have been served.  Persons eligible under this 
 paragraph must contribute to the cost of services according to 
 the sliding fee scale established under subdivision 3.  A county 
 may spend money from its own sources to provide services to 
 persons under this paragraph.  State money appropriated for this 
 paragraph must be placed in a separate account established for 
 this purpose. 

    Subd. 2. Repealed, 1989 c 155 s 5 

    Subd. 3.    Amount of contribution.  The commissioner 
 shall adopt a sliding fee scale to determine the amount of 
 contribution to be required from persons under this section.  
 The commissioner may adopt rules to amend existing fee scales.  
 The commissioner may establish a separate fee scale for 
 recipients of chemical dependency transitional and extended care 
 rehabilitation services that provides for the collection of fees 
 for board and lodging expenses.  The fee schedule shall ensure 
 that employed persons are allowed the income disregards and 
 savings accounts that are allowed residents of community mental 
 illness facilities under section 256D.06, subdivisions 1 and 
 1b.  The fee scale must not provide assistance to persons whose 
 income is more than 115 percent of the state median income.  
 Payments of liabilities under this section are medical expenses 
 for purposes of determining spenddown under sections 256B.055, 
 256B.056, 256B.06, and 256D.01 to 256D.21.  The required amount 
 of contribution established by the fee scale in this subdivision 
 is also the cost of care responsibility subject to collection 
 under section 254B.06, subdivision 1. 

    HIST: 1986 c 394 s 11; 1987 c 299 s 13; 1988 c 689 art 2 s 
 268; 1989 c 282 art 2 s 106; 1990 c 568 art 2 s 59; 1991 c 292 
 art 4 s 14; 1992 c 513 art 9 s 24; 1994 c 529 s 5; 1997 c 203 
 art 4 s 7; 1999 c 139 art 4 s 2; 1999 c 245 art 8 s 4