1999 Minnesota Statutes

CHAPTER 256D. General assistance

     256D.01 Declaration of policy; citation. 

    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 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 the policy of this state that eligible households 
 unable to provide for themselves and not otherwise provided for 
 by law 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. 

    Subd. 1a.    Standards.  (a) A principal objective in 
 providing general assistance is to provide for 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 
 as of July 16, 1996. 

    Subd. 1b.    Rules.  The commissioner shall adopt rules 
 to set standards of assistance and methods of calculating 
 payment to conform with subdivision 1a.  The minimum standards 
 of assistance shall authorize the payment of rates negotiated by 
 county agencies for recipients living in a room and board 
 arrangement according to sections 256I.01 to 256I.06.  When a 
 recipient is a resident of a regional treatment center, or a 
 residence with a negotiated rate, the recipient is not eligible 
 for a full general assistance standard.  The state standard of 
 assistance for those recipients is the personal needs allowance 
 authorized for medical assistance recipients under section 
 256B.35.  

    Subd. 1c. Repealed, 1989 c 282 art 5 s 133 

    Subd. 1d. Repealed, 1988 c 411 s 9 

    Subd. 1e.    Rules regarding emergency assistance.  The 
 commissioner shall adopt rules under the terms of sections 
 256D.01 to 256D.21 for general assistance, to require use of the 
 emergency program under MFIP 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. 

    Subd. 2.  Sections 256D.01 to 256D.21 may be cited as the 
 General Assistance Act.  

    HIST: 1973 c 650 art 21 s 1; 1974 c 297 s 1; 1980 c 536 s 1; 
 1981 c 360 art 2 s 31,54; 1Sp1981 c 4 art 4 s 22; 1983 c 312 art 
 1 s 27; art 8 s 3; 1984 c 640 s 32; 1984 c 654 art 5 s 26; 
 1Sp1985 c 9 art 2 s 55,56; 1986 c 444; 1987 c 197 s 5; 1987 c 
 333 s 18; 1987 c 403 art 3 s 27; 1988 c 689 art 2 s 185; 1989 c 
 282 art 5 s 42-44; 1990 c 426 art 2 s 1; 1990 c 568 art 4 s 
 20,21; 1Sp1993 c 1 art 6 s 26; 1995 c 178 art 2 s 17; art 6 s 
 27; 1995 c 233 art 2 s 56; 1996 c 305 art 2 s 54; 1997 c 85 art 
 3 s 23-25; 1997 c 107 s 13; 1999 c 159 s 56,57 

*   NOTE:  Subdivision 1c was also amended by Laws 1989, 
*chapter 282, article 5, section 45, to read as follows: 

*   "Subd. 1c.    General assistance payments.  (a) The 
*commissioner shall authorize the payment of rates negotiated by 
*local agencies for recipients living in a room and board 
*arrangement.  Except for payments made to a secure crisis 
*shelter under section 256D.05, subdivision 3, monthly general 
*assistance payments for rates negotiated by a local agency on 
*behalf of recipients living in a room and board, boarding care, 
*supervised living, or adult foster care arrangement may not 
*exceed the limits established under the Minnesota supplemental 
*aid program.  No payments under this paragraph may be made to a 
*facility licensed after August 1, 1987, that has more than four 
*residents with a diagnosis of mental illness unless the facility 
*is specifically licensed to serve persons with mental illness.  
*The commissioner of health shall monitor newly-licensed 
*facilities and shall report to the commissioner of human 
*services facilities that are not in compliance with this section.

*   (b) 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 as the primary financial resource when 
*available.  

*   (c) 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. 

*   (d) General assistance payments may not be made for foster 
*care, child welfare services, or other social services. 

*   (e) Vendor payments and vouchers may be issued only as 
*authorized in sections 256D.05, subdivision 6, and 256D.09."

     256D.02 Definitions. 

    Subdivision 1.    Scope.  For purposes of sections 
 256D.01 to 256D.21, the terms defined in this section have the 
 meanings given them unless otherwise provided or indicated by 
 the context. 

    Subd. 2.  "Commissioner" means the commissioner of human 
 services or a designee. 

    Subd. 3.  "Department" means the department of human 
 services. 

    Subd. 4.    General assistance.  "General assistance" 
 means cash payments to persons unable to provide themselves with 
 a reasonable subsistence compatible with decency and health and 
 who are not otherwise provided for under the laws of this state 
 or the United States.  

    Subd. 4a.  "General assistance medical care" means payment 
 of all or part of the cost of medical care and services approved 
 by the commissioner pursuant to section 256D.03, subdivision 3, 
 for individuals whose income and resources are insufficient to 
 meet the cost of care.  

    Subd. 5.  Repealed, 1997 c 85 art 3 s 56 

    Subd. 6.  "Child" means an adult 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. 

    Subd. 7.  "Childless couple" means two individuals who are 
 married to each other, live in a place of residence maintained 
 by them as their own home, and are either childless or living 
 apart from their children. 

    Subd. 8.  "Income" means any form of income, including 
 remuneration for services performed as an employee and net 
 earnings from self-employment, reduced by the amount 
 attributable to employment expenses as defined by the 
 commissioner.  The amount attributable to employment expenses 
 shall include amounts paid or withheld for federal and state 
 personal income taxes and federal social security taxes.  

    Income includes any payments received as an annuity, 
 retirement, or disability benefit, including veteran's or 
 workers' compensation; old age, survivors, and disability 
 insurance; railroad retirement benefits; reemployment 
 compensation benefits; and benefits under any federally aided 
 categorical assistance program, supplementary security income, 
 or other assistance program; rents, dividends, interest and 
 royalties; and support and maintenance payments.  Such payments 
 may not be considered as available to meet the needs of any 
 person other than the person for whose benefit they are 
 received, unless that person is a family member or a spouse and 
 the income is not excluded under section 256D.01, subdivision 
 1a.  Goods and services provided in lieu of cash payment shall 
 be excluded from the definition of income, except that payments 
 made for room, board, tuition or fees by a parent, on behalf of 
 a child enrolled as a full-time student in a post-secondary 
 institution, and payments made on behalf of an applicant or 
 recipient which the applicant or recipient could legally demand 
 to receive personally in cash, must be included as income.  
 Benefits of an applicant or recipient, such as those 
 administered by the Social Security Administration, that are 
 paid to a representative payee, and are spent on behalf of the 
 applicant or recipient, are considered available income of the 
 applicant or recipient. 

    Subd. 8a. Repealed, 1983 c 312 art 8 s 18; 1Sp1985 c 14 
 art 9 s 78 subd 1 

    Subd. 9. Repealed, 1981 c 360 art 2 s 52 

    Subd. 10. Repealed, 1981 c 360 art 2 s 52 

    Subd. 11.  "State aid" means state aid to county agencies 
 for general assistance and general assistance medical care 
 expenditures as provided for in section 256D.03, subdivisions 2 
 and 3.  

    Subd. 12.  "County agency" means the agency designated by 
 the county board of commissioners, human services boards, local 
 social services agencies in the several counties of the state or 
 multicounty local social services agencies or departments where 
 those have been established in accordance with law.  

    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 according to Minnesota Rules, 
 part 9500.1219, subpart 3, item C. 

    (c) For general assistance medical care, a county agency 
 shall waive the 30-day residency requirement in cases of medical 
 emergencies.  For general assistance, a county shall waive the 
 30-day residency requirement 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 United States 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 residency requirements of 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. 

    (f) For purposes of eligibility for emergency general 
 assistance, the 30-day residency requirement under this section 
 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. 

    Subd. 13.  "Suitable employment" means an appropriate 
 income producing job including, but not limited to, all publicly 
 subsidized jobs procured through the services administered by or 
 coordinated with the commissioner of economic security.  

    Subd. 14. Repealed, 1983 c 312 art 8 s 17 

    Subd. 15.  "Full-time student" means a student at a 
 post-secondary institution who attends training for a minimum of 
 25 hours per week if the training does not involve shop practice 
 and for a minimum of 30 hours per week if the training involves 
 shop practice, or who registers for and attends a minimum of 12 
 semester hours per semester or 12 quarter hours per quarter.  

    Subd. 16.  "Single adult" means an individual 18 years or 
 older who is childless and unmarried or living apart from the 
 individual's children and spouse. 

    Subd. 17.    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. 18.    Group health plan.  "Group health plan" 
 means any plan of, or contributed to by, an employer, including 
 a self-insured plan, which provides health care directly or 
 otherwise to the employer's employees, former employees, or the 
 families of the employees or former employees, and includes 
 continuation coverage pursuant to title XXII of the Public 
 Health Service Act, section 4980B of the Internal Revenue Code 
 of 1986, or title VI of the Employee Retirement Income Security 
 Act of 1974.  

    Subd. 19.    Cost-effective.  "Cost-effective" means 
 that the amount paid by the state for premiums, coinsurance, 
 deductibles, other cost-sharing obligations under a health 
 insurance plan, and other administrative costs is likely to be 
 less than the amount paid for an equivalent set of services by 
 general assistance medical care. 

    HIST: 1973 c 650 art 21 s 2; 1975 c 359 s 23; 1976 c 2 s 81; 
 1977 c 301 s 1,2; 1978 c 772 s 62; 1980 c 536 s 2-7; 1981 c 360 
 art 2 s 32,33; 1983 c 312 art 8 s 4,5; 1984 c 654 art 5 s 
 27-29,58; 1Sp1985 c 14 art 9 s 28; 1986 c 444; 1987 c 403 art 3 
 s 28,29; 1988 c 689 art 2 s 186,187; 1989 c 282 art 5 s 46-48; 
 1990 c 568 art 4 s 22-24,84; 1990 c 611 s 2; 1991 c 255 s 19; 
 1992 c 513 art 7 s 125,126; art 8 s 16; 1Sp1993 c 1 art 6 s 27; 
 1Sp1993 c 6 s 14; 1994 c 483 s 1; 1994 c 631 s 31; 1995 c 178 
 art 6 s 17; 1995 c 207 art 4 s 3; 1996 c 451 art 2 s 38; 1996 c 
 465 art 3 s 28; 1997 c 66 s 80; 1997 c 85 art 3 s 26,27; 1997 c 
 203 art 12 s 3; 1999 c 107 s 66 

     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 or recipient 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. 

    HIST: 1997 c 85 art 3 s 28; 1997 c 203 art 12 s 15 

     256D.03 Responsibility to provide general assistance. 

    Subdivision 1.  Every county agency shall provide general 
 assistance to persons residing within its jurisdiction who meet 
 the need requirements of sections 256D.01 to 256D.21.  General 
 assistance shall be administered by the county agencies 
 according to law and rules promulgated by the commissioner 
 pursuant to sections 14.001 to 14.69. 

    Subd. 2.  State aid shall be paid for all general 
 assistance and grants up to the standards of section 256D.01, 
 subdivision 1a, and according to procedures established by the 
 commissioner, except as provided for under section 256.017.  

    Subd. 2a.    County agency options.  Any county agency 
 may, from its own resources, make payments of general 
 assistance:  (a) at a standard higher than that established by 
 the commissioner without reference to the standards of section 
 256D.01, subdivision 1; or (b) to persons not meeting the 
 eligibility standards set forth in section 256D.05, subdivision 
 1, but for whom the aid would further the purposes established 
 in the general assistance program according to rules adopted by 
 the commissioner according to the Administrative Procedure Act.  
 The Minnesota department of human services may maintain client 
 records and issue these payments, providing the cost of benefits 
 is paid by the counties to the department of human services 
 according to section 256.01. 

    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, or MinnesotaCare as defined in paragraph (b), 
 except as provided in paragraph (c); and: 

    (1) who is receiving assistance under section 256D.05, 
 except for families with children who are eligible under 
 Minnesota family investment program-statewide (MFIP-S), who is 
 having a payment made on the person's behalf under sections 
 256I.01 to 256I.06, or who resides in group residential housing 
 as defined in chapter 256I and can meet a spenddown using the 
 cost of remedial services received through group residential 
 housing; or 

    (2)(i) who is a resident of Minnesota; and whose equity in 
 assets is not in excess of $1,000 per assistance unit.  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 according to 
 section 256B.056, subdivision 5, using a six-month budget 
 period.  The method for calculating earned income disregards and 
 deductions for a person who resides with a dependent child under 
 age 21 shall follow section 256B.056, subdivision 1a.  However, 
 if a disregard of $30 and one-third of the remainder 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 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; 

    (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; or 

    (4) who is ineligible for medical assistance under chapter 
 256B or general assistance medical care under any other 
 provision of this section, and is receiving care and 
 rehabilitation services from a nonprofit center established to 
 serve victims of torture.  These individuals are eligible for 
 general assistance medical care only for the period during which 
 they are receiving services from the center.  During this period 
 of eligibility, individuals eligible under this clause shall not 
 be required to participate in prepaid general assistance medical 
 care.  

    (b) Beginning January 1, 2000, applicants or recipients who 
 meet all eligibility requirements of MinnesotaCare as defined in 
 sections 256L.01 to 256L.16, and are: 

    (i) adults with dependent children under 21 whose gross 
 family income is equal to or less than 275 percent of the 
 federal poverty guidelines; or 

    (ii) adults without children with earned income and whose 
 family gross income is between 75 percent of the federal poverty 
 guidelines and the amount set by section 256L.04, subdivision 7, 
 shall be terminated from general assistance medical care upon 
 enrollment in MinnesotaCare. 

    (c) For services rendered on or after July 1, 1997, 
 eligibility is limited to one month prior to application if the 
 person is determined eligible in the prior month.  A 
 redetermination of eligibility must occur every 12 months.  
 Beginning January 1, 2000, Minnesota health care program 
 applications completed by recipients and applicants who are 
 persons described in paragraph (b), may be returned to the 
 county agency to be forwarded to the department of human 
 services or sent directly to the department of human services 
 for enrollment in MinnesotaCare.  If all other eligibility 
 requirements of this subdivision are met, eligibility for 
 general assistance medical care shall be available in any month 
 during which a MinnesotaCare eligibility determination and 
 enrollment are pending.  Upon notification of eligibility for 
 MinnesotaCare, notice of termination for eligibility for general 
 assistance medical care shall be sent to an applicant or 
 recipient.  If all other eligibility requirements of this 
 subdivision are met, eligibility for general assistance medical 
 care shall be available until enrollment in MinnesotaCare 
 subject to the provisions of paragraph (e). 

    (d) The date of an initial Minnesota health care program 
 application necessary to begin a determination of eligibility 
 shall be the date the applicant has provided a name, address, 
 and social security number, signed and dated, to the county 
 agency or the department of human services.  If the applicant is 
 unable to provide an initial application when health care is 
 delivered due to a medical condition or disability, a health 
 care provider may act on the person's behalf to complete the 
 initial application.  The applicant must complete the remainder 
 of the application and provide necessary verification before 
 eligibility can be determined.  The county agency must assist 
 the applicant in obtaining verification if necessary.  On the 
 basis of information provided on the completed application, an 
 applicant who meets the following criteria shall be determined 
 eligible beginning in the month of application: 

    (1) has gross income less than 90 percent of the applicable 
 income standard; 

    (2) has liquid assets that total within $300 of the asset 
 standard; 

    (3) does not reside in a long-term care facility; and 

    (4) meets all other eligibility requirements. 

 The applicant must provide all required verifications within 30 
 days' notice of the eligibility determination or eligibility 
 shall be terminated. 

    (e) County agencies are authorized to use all automated 
 databases containing information regarding recipients' or 
 applicants' income in order to determine eligibility for general 
 assistance medical care or MinnesotaCare.  Such use shall be 
 considered sufficient in order to determine eligibility and 
 premium payments by the county agency. 

    (f) 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.  

    (g) 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.  General 
 assistance medical care is limited to payment of emergency 
 services only for applicants or recipients as described in 
 paragraph (b), whose MinnesotaCare coverage is denied or 
 terminated for nonpayment of premiums as required by sections 
 256L.06 and 256L.07.  

    (h) 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. 

    (i) 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, and subsequently set out 
 in federal rules. 

    (j)(1) An undocumented 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 noncitizen is an individual who resides in the 
 United States without the approval or acquiescence of the 
 Immigration and Naturalization Service. 

    (2) This 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 a noncitizen who is 
 aged, blind, or disabled as defined in Code of Federal 
 Regulations, title 42, sections 435.520, 435.530, 435.531, 
 435.540, and 435.541, or effective October 1, 1998, to an 
 individual eligible for general assistance medical care under 
 paragraph (a), clause (4), 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 this paragraph, "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. 

    (k) 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. 

    Subd. 3a.    Claims; assignment of benefits.  Claims 
 must be filed pursuant to section 256D.16.  General assistance 
 medical care applicants and recipients must apply or agree to 
 apply third party health and accident benefits to the costs of 
 medical care.  They must cooperate with the state in 
 establishing paternity and obtaining third party payments.  By 
 signing an application for general assistance, a person assigns 
 to the department of human services all rights to medical 
 support or payments for medical expenses from another person or 
 entity on their own or their dependent's behalf and agrees to 
 cooperate with the state in establishing paternity and obtaining 
 third party payments.  The application shall contain a statement 
 explaining the assignment.  Any rights or amounts assigned shall 
 be applied against the cost of medical care paid for under this 
 chapter.  An assignment is effective on the date general 
 assistance medical care eligibility takes effect.  The 
 assignment shall not affect benefits paid or provided under 
 automobile accident coverage and private health care coverage 
 until the person or organization providing the benefits has 
 received notice of the assignment.  

    Subd. 3b.    Cooperation.  (a) General assistance or 
 general assistance medical care applicants and recipients must 
 cooperate with the state and local agency to identify 
 potentially liable third-party payors and assist the state in 
 obtaining third-party payments.  Cooperation includes 
 identifying any third party who may be liable for care and 
 services provided under this chapter to the applicant, 
 recipient, or any other family member for whom application is 
 made and providing relevant information to assist the state in 
 pursuing a potentially liable third party.  General assistance 
 medical care applicants and recipients must cooperate by 
 providing information about any group health plan in which they 
 may be eligible to enroll.  They must cooperate with the state 
 and local agency in determining if the plan is cost-effective.  
 For purposes of this subdivision, coverage provided by the 
 Minnesota comprehensive health association under chapter 62E 
 shall not be considered group health plan coverage or 
 cost-effective by the state and local agency.  If the plan is 
 determined cost-effective and the premium will be paid by the 
 state or local agency or is available at no cost to the person, 
 they must enroll or remain enrolled in the group health plan.  
 Cost-effective insurance premiums approved for payment by the 
 state agency and paid by the local agency are eligible for 
 reimbursement according to subdivision 6. 

    (b) Effective for all premiums due on or after June 30, 
 1997, general assistance medical care does not cover premiums 
 that a recipient is required to pay under a qualified or 
 Medicare supplement plan issued by the Minnesota comprehensive 
 health association.  General assistance medical care shall 
 continue to cover premiums for recipients who are covered under 
 a plan issued by the Minnesota comprehensive health association 
 on June 30, 1997, for a period of six months following receipt 
 of the notice of termination or until December 31, 1997, 
 whichever is later. 

    Subd. 4.    General assistance medical care; services.  
 (a) For a person who is eligible under subdivision 3, paragraph 
 (a), clause (3), general assistance medical care covers, except 
 as provided in paragraph (c): 

    (1) inpatient hospital services; 

    (2) outpatient hospital services; 

    (3) services provided by Medicare certified rehabilitation 
 agencies; 

    (4) prescription drugs and other products recommended 
 through the process established in section 256B.0625, 
 subdivision 13; 

    (5) equipment necessary to administer insulin and 
 diagnostic supplies and equipment for diabetics to monitor blood 
 sugar level; 

    (6) eyeglasses and eye examinations provided by a physician 
 or optometrist; 

    (7) hearing aids; 

    (8) prosthetic devices; 

    (9) laboratory and X-ray services; 

    (10) physician's services; 

    (11) medical transportation; 

    (12) chiropractic services as covered under the medical 
 assistance program; 

    (13) podiatric services; 

    (14) dental services; 

    (15) outpatient services provided by a mental health center 
 or clinic that is under contract with the county board and is 
 established under section 245.62; 

    (16) day treatment services for mental illness provided 
 under contract with the county board; 

    (17) prescribed medications for persons who have been 
 diagnosed as mentally ill as necessary to prevent more 
 restrictive institutionalization; 

    (18) psychological services, medical supplies and 
 equipment, and Medicare premiums, coinsurance and deductible 
 payments; 

    (19) medical equipment not specifically listed in this 
 paragraph when the use of the equipment will prevent the need 
 for costlier services that are reimbursable under this 
 subdivision; 

    (20) services performed by a certified pediatric nurse 
 practitioner, a certified family nurse practitioner, a certified 
 adult nurse practitioner, a certified obstetric/gynecological 
 nurse practitioner, a certified neonatal nurse practitioner, or 
 a certified geriatric nurse practitioner in independent 
 practice, if (1) the service is otherwise covered under this 
 chapter as a physician service, (2) a service provided on an 
 inpatient basis is not included as part of the cost for 
 inpatient services included in the operating payment rate, and 
 (3) the service is within the scope of practice of the nurse 
 practitioner's license as a registered nurse, as defined in 
 section 148.171; 

    (21) services of a certified public health nurse or a 
 registered nurse practicing in a public health nursing clinic 
 that is a department of, or that operates under the direct 
 authority of, a unit of government, if the service is within the 
 scope of practice of the public health nurse's license as a 
 registered nurse, as defined in section 148.171; and 

    (22) telemedicine consultations, to the extent they are 
 covered under section 256B.0625, subdivision 3b.  

    (b) Except as provided in paragraph (c), for a recipient 
 who is eligible under subdivision 3, paragraph (a), clause (1) 
 or (2), general assistance medical care covers the services 
 listed in paragraph (a) with the exception of special 
 transportation services. 

    (c) Gender reassignment surgery and related services are 
 not covered services under this subdivision unless the 
 individual began receiving gender reassignment services prior to 
 July 1, 1995.  

    (d) In order to contain costs, the commissioner of human 
 services shall select vendors of medical care who can provide 
 the most economical care consistent with high medical standards 
 and shall where possible contract with organizations on a 
 prepaid capitation basis to provide these services.  The 
 commissioner shall consider proposals by counties and vendors 
 for prepaid health plans, competitive bidding programs, block 
 grants, or other vendor payment mechanisms designed to provide 
 services in an economical manner or to control utilization, with 
 safeguards to ensure that necessary services are provided.  
 Before implementing prepaid programs in counties with a county 
 operated or affiliated public teaching hospital or a hospital or 
 clinic operated by the University of Minnesota, the commissioner 
 shall consider the risks the prepaid program creates for the 
 hospital and allow the county or hospital the opportunity to 
 participate in the program in a manner that reflects the risk of 
 adverse selection and the nature of the patients served by the 
 hospital, provided the terms of participation in the program are 
 competitive with the terms of other participants considering the 
 nature of the population served.  Payment for services provided 
 pursuant to this subdivision shall be as provided to medical 
 assistance vendors of these services under sections 256B.02, 
 subdivision 8, and 256B.0625.  For payments made during fiscal 
 year 1990 and later years, the commissioner shall consult with 
 an independent actuary in establishing prepayment rates, but 
 shall retain final control over the rate methodology.  
 Notwithstanding the provisions of subdivision 3, an individual 
 who becomes ineligible for general assistance medical care 
 because of failure to submit income reports or recertification 
 forms in a timely manner, shall remain enrolled in the prepaid 
 health plan and shall remain eligible for general assistance 
 medical care coverage through the last day of the month in which 
 the enrollee became ineligible for general assistance medical 
 care. 

    (e) The commissioner of human services may reduce payments 
 provided under sections 256D.01 to 256D.21 and 261.23 in order 
 to remain within the amount appropriated for general assistance 
 medical care, within the following restrictions: 

    (i) For the period July 1, 1985 to December 31, 1985, 
 reductions below the cost per service unit allowable under 
 section 256.966, are permitted only as follows:  payments for 
 inpatient and outpatient hospital care provided in response to a 
 primary diagnosis of chemical dependency or mental illness may 
 be reduced no more than 30 percent; payments for all other 
 inpatient hospital care may be reduced no more than 20 percent.  
 Reductions below the payments allowable under general assistance 
 medical care for the remaining general assistance medical care 
 services allowable under this subdivision may be reduced no more 
 than ten percent. 

    (ii) For the period January 1, 1986 to December 31, 1986, 
 reductions below the cost per service unit allowable under 
 section 256.966 are permitted only as follows:  payments for 
 inpatient and outpatient hospital care provided in response to a 
 primary diagnosis of chemical dependency or mental illness may 
 be reduced no more than 20 percent; payments for all other 
 inpatient hospital care may be reduced no more than 15 percent.  
 Reductions below the payments allowable under general assistance 
 medical care for the remaining general assistance medical care 
 services allowable under this subdivision may be reduced no more 
 than five percent. 

    (iii) For the period January 1, 1987 to June 30, 1987, 
 reductions below the cost per service unit allowable under 
 section 256.966 are permitted only as follows:  payments for 
 inpatient and outpatient hospital care provided in response to a 
 primary diagnosis of chemical dependency or mental illness may 
 be reduced no more than 15 percent; payments for all other 
 inpatient hospital care may be reduced no more than ten 
 percent.  Reductions below the payments allowable under medical 
 assistance for the remaining general assistance medical care 
 services allowable under this subdivision may be reduced no more 
 than five percent.  

    (iv) For the period July 1, 1987 to June 30, 1988, 
 reductions below the cost per service unit allowable under 
 section 256.966 are permitted only as follows:  payments for 
 inpatient and outpatient hospital care provided in response to a 
 primary diagnosis of chemical dependency or mental illness may 
 be reduced no more than 15 percent; payments for all other 
 inpatient hospital care may be reduced no more than five percent.
 Reductions below the payments allowable under medical assistance 
 for the remaining general assistance medical care services 
 allowable under this subdivision may be reduced no more than 
 five percent. 

    (v) For the period July 1, 1988 to June 30, 1989, 
 reductions below the cost per service unit allowable under 
 section 256.966 are permitted only as follows:  payments for 
 inpatient and outpatient hospital care provided in response to a 
 primary diagnosis of chemical dependency or mental illness may 
 be reduced no more than 15 percent; payments for all other 
 inpatient hospital care may not be reduced.  Reductions below 
 the payments allowable under medical assistance for the 
 remaining general assistance medical care services allowable 
 under this subdivision may be reduced no more than five percent. 

    (f) There shall be no copayment required of any recipient 
 of benefits for any services provided under this subdivision.  A 
 hospital receiving a reduced payment as a result of this section 
 may apply the unpaid balance toward satisfaction of the 
 hospital's bad debts. 

    (g) Any county may, from its own resources, provide medical 
 payments for which state payments are not made. 

    (h) Chemical dependency services that are reimbursed under 
 chapter 254B must not be reimbursed under general assistance 
 medical care. 

    (i) The maximum payment for new vendors enrolled in the 
 general assistance medical care program after the base year 
 shall be determined from the average usual and customary charge 
 of the same vendor type enrolled in the base year. 

    (j) The conditions of payment for services under this 
 subdivision are the same as the conditions specified in rules 
 adopted under chapter 256B governing the medical assistance 
 program, unless otherwise provided by statute or rule. 

    Subd. 5.    Certain county agencies to pay state for 
 county share.  The county agencies that contract with the 
 commissioner of human services for state administration of 
 general assistance medical care payments shall make payment to 
 the state for the county share of those payments in the manner 
 described for medical assistance advances in section 256B.041, 
 subdivision 5.  

    Subd. 6.    Division of costs.  The state share of 
 county agency expenditures for general assistance medical care 
 shall be 100 percent.  Payments made under this subdivision 
 shall be made according to sections 256B.041, subdivision 5 and 
 256B.19, subdivision 1.  In counties where a pilot or 
 demonstration project is operated for general assistance medical 
 care services, the state may pay 100 percent of the costs of 
 administering the pilot or demonstration project.  

    Notwithstanding any provision to the contrary, beginning 
 July 1, 1991, the state shall pay 100 percent of the costs for 
 centralized claims processing by the department of 
 administration relative to claims beginning January 1, 1991, and 
 submitted on behalf of general assistance medical care 
 recipients by vendors in the general assistance medical care 
 program. 

    Beginning July 1, 1991, the state shall reimburse counties 
 up to the limit of state appropriations for general assistance 
 medical care common carrier transportation and related travel 
 expenses provided for medical purposes after December 31, 1990.  
 For purposes of this subdivision, transportation shall have the 
 meaning given it in Code of Federal Regulations, title 42, 
 section 440.170(a), as amended through October 1, 1987, and 
 travel expenses shall have the meaning given in Code of Federal 
 Regulations, title 42, section 440.170(a)(3), as amended through 
 October 1, 1987. 

    The county shall ensure that only the least costly most 
 appropriate transportation and travel expenses are used.  The 
 state may enter into volume purchase contracts, or use a 
 competitive bidding process, whenever feasible, to minimize the 
 costs of transportation services.  If the state has entered into 
 a volume purchase contract or used the competitive bidding 
 procedures of chapter 16C to arrange for transportation 
 services, the county may be required to use such arrangements to 
 be eligible for state reimbursement for general assistance 
 medical care common carrier transportation and related travel 
 expenses provided for medical purposes. 

    In counties where prepaid health plans are under contract 
 to the commissioner to provide services to general assistance 
 medical care recipients, the cost of court ordered treatment 
 that does not include diagnostic evaluation, recommendation, or 
 referral for treatment by the prepaid health plan is the 
 responsibility of the county of financial responsibility. 

    Subd. 7.    Duties of the commissioner.  The 
 commissioner shall promulgate rules as necessary to establish:  

    (a) standards of eligibility, utilization of services, and 
 payment levels; 

    (b) standards for quality assurance, surveillance, and 
 utilization review procedures that conform to those established 
 for the medical assistance program pursuant to chapter 256B, 
 including general criteria and procedures for the identification 
 and prompt investigation of suspected fraud, theft, abuse, 
 presentment of false or duplicate claims, presentment of claims 
 for services not medically necessary, or false statements or 
 representations of material facts by a vendor or recipient of 
 general assistance medical care, and for the imposition of 
 sanctions against such vendor or recipient of medical care.  The 
 rules relating to sanctions shall be consistent with the 
 provisions of section 256B.064, subdivisions 1a and 2; and 

    (c) administrative and fiscal procedures for payment of the 
 state share of the medical costs incurred by the counties under 
 section 256D.02, subdivision 4a.  Rules promulgated pursuant to 
 this clause may include:  (1) procedures by which state 
 liability for the costs of medical care incurred pursuant to 
 section 256D.02, subdivision 4a may be deducted from county 
 liability to the state under any other public assistance program 
 authorized by law; (2) procedures for processing claims of 
 counties for reimbursement by the state for expenditures for 
 medical care made by the counties pursuant to section 256D.02, 
 subdivision 4a; and (3) procedures by which the county agencies 
 may contract with the commissioner of human services for state 
 administration of general assistance medical care payments.  

    Subd. 8.    Private insurance policies.  (a) Private 
 accident and health care coverage for medical services is 
 primary coverage and must be exhausted before general assistance 
 medical care is paid.  When a person who is otherwise eligible 
 for general assistance medical care has private accident or 
 health care coverage, including a prepaid health plan, the 
 private health care benefits available to the person must be 
 used first and to the fullest extent.  General assistance 
 medical care payment will not be made when either covered 
 charges are paid in full by a third party or the provider has an 
 agreement to accept payment for less than charges as payment in 
 full.  Payment for patients that are simultaneously covered by 
 general assistance medical care and a liable third party other 
 than Medicare will be determined as the lesser of clauses (1) to 
 (3): 

    (1) the patient liability according to the provider/insurer 
 agreement; 

    (2) covered charges minus the third party payment amount; 
 or 

    (3) the general assistance medical care rate minus the 
 third party payment amount. 

 A negative difference will not be implemented. 

    (b) When a parent or a person with an obligation of support 
 has enrolled in a prepaid health care plan under section 
 518.171, subdivision 1, the commissioner of human services shall 
 limit the recipient of general assistance medical care to the 
 benefits payable under that prepaid health care plan to the 
 extent that services available under general assistance medical 
 care are also available under the prepaid health care plan.  

    (c) Upon furnishing general assistance medical care or 
 general assistance to any person having private accident or 
 health care coverage, or having a cause of action arising out of 
 an occurrence that necessitated the payment of assistance, the 
 state agency shall be subrogated, to the extent of the cost of 
 medical care, subsistence, or other payments furnished, to any 
 rights the person may have under the terms of the coverage or 
 under the cause of action.  For purposes of this subdivision, 
 "state agency" includes prepaid health plans under contract with 
 the commissioner according to sections 256B.69, 256D.03, 
 subdivision 4, paragraph (d), and 256L.12; children's mental 
 health collaboratives under section 245.493; demonstration 
 projects for persons with disabilities under section 256B.77; 
 nursing homes under the alternative payment demonstration 
 project under section 256B.434; and county-based purchasing 
 entities under section 256B.692. 

    This right of subrogation includes all portions of the 
 cause of action, notwithstanding any settlement allocation or 
 apportionment that purports to dispose of portions of the cause 
 of action not subject to subrogation.  

    (d) To recover under this section, the attorney general may 
 institute or join a civil action to enforce the subrogation 
 rights the commissioner established under this section.  

    Any prepaid health plan providing services under sections 
 256B.69, 256D.03, subdivision 4, paragraph (d), and 256L.12; 
 children's mental health collaboratives under section 245.493; 
 demonstration projects for persons with disabilities under 
 section 256B.77; nursing homes under the alternative payment 
 demonstration project under section 256B.434; or the 
 county-based purchasing entity providing services under section 
 256B.692 may retain legal representation to enforce the 
 subrogation rights created under this section or, if no action 
 has been brought, may initiate and prosecute an independent 
 action on their behalf against a person, firm, or corporation 
 that may be liable to the person to whom the care or payment was 
 furnished. 

    (e) The state agency must be given notice of monetary 
 claims against a person, firm, or corporation that may be liable 
 in damages, or otherwise obligated to pay part or all of the 
 costs related to an injury when the state agency has paid or 
 become liable for the cost of care or payments related to the 
 injury.  Notice must be given as follows:  

    (i) Applicants for general assistance or general assistance 
 medical care shall notify the state or county agency of any 
 possible claims when they submit the application.  Recipients of 
 general assistance or general assistance medical care shall 
 notify the state or county agency of any possible claims when 
 those claims arise.  

    (ii) A person providing medical care services to a 
 recipient of general assistance medical care shall notify the 
 state agency when the person has reason to believe that a third 
 party may be liable for payment of the cost of medical care.  

    (iii) A person who is party to a claim upon which the state 
 agency may be entitled to subrogation under this section shall 
 notify the state agency of its potential subrogation claim 
 before filing a claim, commencing an action, or negotiating a 
 settlement.  A person who is a party to a claim includes the 
 plaintiff, the defendants, and any other party to the cause of 
 action. 

    Notice given to the county agency is not sufficient to meet 
 the requirements of paragraphs (b) and (c).  

    (f) Upon any judgment, award, or settlement of a cause of 
 action, or any part of it, upon which the state agency has a 
 subrogation right, including compensation for liquidated, 
 unliquidated, or other damages, reasonable costs of collection, 
 including attorney fees, must be deducted first.  The full 
 amount of general assistance or general assistance medical care 
 paid to or on behalf of the person as a result of the injury 
 must be deducted next and paid to the state agency.  The rest 
 must be paid to the public assistance recipient or other 
 plaintiff.  The plaintiff, however, must receive at least 
 one-third of the net recovery after attorney fees and collection 
 costs. 

    Subd. 9.    Payment for ambulance services.  Effective 
 for services rendered on or after July 1, 1999, general 
 assistance medical care payments for ambulance services shall be 
 increased by five percent. 

    HIST: 1973 c 650 art 21 s 3; 1975 c 437 art 2 s 8; 1976 c 186 
 s 1; 1979 c 303 art 2 s 2; 1980 c 349 s 9; 1980 c 536 s 8-10; 
 1980 c 607 art 2 s 3; 1981 c 360 art 2 s 2 subd 4,34; 1Sp1981 c 
 2 s 16 subd 2; 1Sp1981 c 4 art 4 s 21; 1982 c 424 s 130; 1982 c 
 623 s 2; 1983 c 312 art 5 s 29-33; 1984 c 640 s 32; 1984 c 654 
 art 5 s 30,58; 1Sp1985 c 9 art 2 s 57,58; 1Sp1985 c 14 art 9 s 
 29; 1986 c 394 s 19; 1987 c 370 art 2 s 15; 1987 c 384 art 2 s 
 1; 1987 c 403 art 2 s 103-105; art 3 s 30; 1988 c 689 art 2 s 
 188,268; 1988 c 719 art 8 s 18,19; 1989 c 209 art 1 s 24; 1989 c 
 282 art 3 s 91,92; art 5 s 49; 1Sp1989 c 1 art 16 s 10,11; 1990 
 c 422 s 10; 1990 c 568 art 3 s 86-89; art 4 s 25,84; 1991 c 292 
 art 4 s 68,69; art 5 s 30,31; 1992 c 513 art 7 s 127,128; art 8 
 s 17; 1993 c 345 art 9 s 15; 1Sp1993 c 1 art 5 s 113,114; art 6 
 s 28; art 8 s 3; 1995 c 178 art 2 s 28; art 6 s 17; 1995 c 207 
 art 6 s 104-106; 1996 c 451 art 5 s 33; 1996 c 465 art 3 s 
 29-31; 1997 c 7 art 5 s 32; 1997 c 85 art 3 s 29; 1997 c 203 art 
 4 s 57; art 11 s 8-10; art 12 s 4; 1997 c 225 art 1 s 19; art 6 
 s 6,8; 1998 c 386 art 2 s 81; 1998 c 407 art 4 s 55,56; art 5 s 6; 1999 
 c 245 art 4 s 86-88; art 10 s 10 

     256D.04 Duties of the commissioner. 

    In addition to any other duties imposed by law, the 
 commissioner shall: 

    (1) Supervise according to section 256.01 the 
 administration of general assistance and general assistance 
 medical care by county agencies as provided in sections 256D.01 
 to 256D.21; 

    (2) Promulgate uniform rules consistent with law for 
 carrying out and enforcing the provisions of sections 256D.01 to 
 256D.21, including section 256D.05, subdivision 3, and section 
 256.01, subdivision 2, paragraph (16), to the end that general 
 assistance may be administered as uniformly as possible 
 throughout the state; rules shall be furnished immediately to 
 all county agencies and other interested persons; in 
 promulgating rules, the provisions of sections 14.001 to 14.69, 
 shall apply; 

    (3) Allocate money appropriated for general assistance and 
 general assistance medical care to county agencies as provided 
 in section 256D.03, subdivisions 2 and 3; 

    (4) 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 general assistance and general 
 assistance medical care; 

    (5) 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 sections 256D.01 
 to 256D.21; 

    (6) Cooperate to the fullest extent with other public 
 agencies empowered by law to provide vocational training, 
 rehabilitation, or similar services; 

    (7) Gather and study current information and report at 
 least annually to the governor on the nature and need for 
 general assistance and general assistance medical care, the 
 amounts expended under the supervision of each county agency, 
 and the activities of each county agency and publish such 
 reports for the information of the public; 

    (8) Specify requirements for general assistance and general 
 assistance medical care reports, including fiscal reports, 
 according to section 256.01, subdivision 2, paragraph (17); and 

    (9) Ensure that every notice of eligibility for general 
 assistance includes a notice that women who are pregnant may be 
 eligible for medical assistance benefits. 

    HIST: 1973 c 650 art 21 s 4; 1977 c 301 s 3; 1980 c 536 s 11; 
 1981 c 360 art 2 s 35; 1982 c 424 s 130; 1987 c 384 art 2 s 1; 
 1988 c 719 art 8 s 20; 1989 c 89 s 12; 1990 c 422 s 10; 1990 c 
 568 art 4 s 84; 1991 c 272 s 1; 1Sp1993 c 1 art 6 s 29; 1995 c 
 178 art 6 s 17; 1997 c 7 art 2 s 45 

     256D.045 Social security number required. 

    To be eligible for general assistance under sections 
 256D.01 to 256D.21, an individual must provide the individual's 
 social security number to the county agency or submit proof that 
 an application has been made.  The provisions of this section do 
 not apply to the determination of eligibility for emergency 
 general assistance under section 256D.06, subdivision 2.  This 
 provision applies to eligible children under the age of 18 
 effective July 1, 1997.  

    HIST: 1995 c 178 art 2 s 29; 1996 c 451 art 2 s 39 

     256D.05 Eligibility for general assistance. 

    Subdivision 1.    Eligibility.  (a) Each assistance unit 
 with income and resources 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 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 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 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, 
 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, 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 the 
 child has failed or refuses to cooperate with the county agency 
 in developing the plan; 

    (11) 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; 

    (12) a person who lives more than four hours round-trip 
 traveling time from any potential suitable employment; 

    (13) 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; 

    (14) a person over age 18 whose primary language is not 
 English and who is attending high school at least half time; or 

    (15) 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, for the 
 individual's shelter costs up to the limit of the grant amount, 
 with the residual, if any, paid according to section 256D.09, 
 subdivision 2a; 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, for the individual's shelter costs, 
 up to the limit of the grant amount, with the residual, if any, 
 paid according to section 256D.09, subdivision 2a. 

    (b) 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.  

    (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. 

    Subd. 1a. Repealed, 1983 c 312 art 8 s 17 

    Subd. 2.    Use of federal funds.  Effective March 31, 
 1998, notwithstanding any law to the contrary, if a single adult 
 or childless couple otherwise eligible for general assistance 
 would, but for state statutory restriction or limitation, be 
 eligible for a federally aided assistance program providing 
 benefits equal to or greater than those of general assistance, 
 the 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. 

    Subd. 3.    Residents of shelter facilities.  
 Notwithstanding the provisions of subdivisions 1 and 2, general 
 assistance payments shall be made for maintenance costs and 
 security costs which are related to providing 24-hour staff 
 coverage at the facility incurred as a result of residence in a 
 secure crisis shelter, a housing network, or other shelter 
 facilities which provide shelter services to women and their 
 children who are being or have been assaulted by their spouses, 
 other male relatives, or other males with whom they are residing 
 or have resided in the past. 

    These payments shall be made directly to the shelter 
 facility from general assistance funds on behalf of women and 
 their children who are receiving, or who are eligible to 
 receive, Minnesota family investment program or general 
 assistance.  

    In determining eligibility of women and children for 
 payment of general assistance under this subdivision, the asset 
 limitations of the Minnesota family investment program shall be 
 applied.  Payments to shelter facilities shall not affect the 
 eligibility of individuals who reside in shelter facilities for 
 the Minnesota family investment program or general assistance or 
 payments made to individuals who reside in shelter facilities 
 through the Minnesota family investment program or general 
 assistance, except when required by federal law or regulation.  

    Subd. 3a.    Shelter facility's right to appeal.  A 
 facility providing shelter for women and their children may 
 appeal a decision of a county agency arising from a request for 
 payment pursuant to subdivision 3.  To appeal, the shelter 
 facility shall submit a written appeal request within 30 days of 
 receiving notice of the commissioner's refusal to issue payment 
 pursuant to section 256.01, subdivision 2, paragraph (16).  The 
 appeal shall be heard by an administrative law judge according 
 to sections 14.48 to 14.62, except that the report of the 
 administrative law judge is binding on all parties.  Within 15 
 days of receipt of a written appeal request from a shelter 
 facility, the county agency shall file a request for assignment 
 of a judge together with a notice of and order for hearing 
 proposed to be issued.  The record in the contested case 
 proceeding shall not include any evidence, including records and 
 documents, developed by the commissioner in the commissioner's 
 review, pursuant to section 256.01, subdivision 2, paragraph 
 (16). 

    Subd. 4.    Consent to review records.  No person shall 
 be eligible for general assistance medical care unless the 
 person has authorized the commissioner of human services in 
 writing to examine all personal medical records developed while 
 receiving general assistance for the purpose of investigating 
 whether or not a vendor has submitted a claim for reimbursement, 
 a cost report or a rate application which the vendor knows to be 
 false in whole or in part, or in order to determine whether or 
 not the medical care provided was medically necessary.  The 
 vendor of medical care shall receive notification from the 
 commissioner at least 24 hours before the commissioner gains 
 access to such records.  A vendor of medical care shall require 
 presentation of this authorization before the state agency can 
 obtain access to such records unless the vendor already has 
 received written authorization.  Notwithstanding any other law 
 to the contrary, a vendor of medical care shall not be subject 
 to any civil or criminal liability for providing access to 
 medical records to the commissioner pursuant to this subdivision.

    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 
 Minnesota family investment program under chapter 256J. 

    Subd. 6.    Assistance for persons without a verified 
 residence.  (a) For applicants or recipients of general 
 assistance or emergency general assistance who do not have a 
 verified residence address, the county agency may provide 
 assistance using one or more of the following methods: 

    (1) the county agency may provide assistance in the form of 
 vouchers or vendor payments and provide separate vouchers or 
 vendor payments for food, shelter, and other needs; 

    (2) the county agency may divide the monthly assistance 
 standard into weekly payments, whether in cash or by voucher or 
 vendor payment.  Nothing in this clause prevents the county 
 agency from issuing voucher or vendor payments for emergency 
 general assistance in an amount less than the standards of 
 assistance; 

    (3) the county agency may determine eligibility and provide 
 assistance on a weekly basis.  Weekly assistance can be issued 
 in cash or by voucher or vendor payment and can be determined 
 either on the basis of actual need or by prorating the monthly 
 assistance standard; and 

    (4) for the purposes of clauses (2) and (3), the county 
 agency may divide the monthly assistance standard as follows:  
 $50 per week for each of the first three weeks, and the 
 remainder for the fourth week. 

    (b) An individual may verify a residence address by 
 providing a driver's license; a state identification card; a 
 statement by the landlord, apartment manager, or homeowner 
 verifying that the individual is residing at the address; or 
 other written documentation approved by the commissioner. 

    (c) Notwithstanding the provisions of section 256D.06, 
 subdivision 1, if the county agency elects to provide assistance 
 on a weekly payment basis, the agency may not provide assistance 
 for a period during which no need is claimed by the individual 
 unless the individual has good cause for failing to claim need.  
 The individual must be notified, each time weekly assistance is 
 provided, that subsequent weekly assistance will not be issued 
 unless the individual claims need.  The advance notice required 
 under section 256D.10 does not apply to weekly assistance that 
 is withheld because the individual failed to claim need without 
 good cause.  

    (d) The county agency may not issue assistance on a weekly 
 basis to an applicant or recipient who has professionally 
 certified mental illness or mental retardation or a related 
 condition, or to an assistance unit that includes minor 
 children, unless requested by the assistance unit. 

    Subd. 7.    Ineligibility for general assistance.  No 
 single adult or childless couple shall be eligible for general 
 assistance during a period of disqualification because of 
 sanctions.  

    Subd. 8.    Citizenship.  (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.  
 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, and subsequently set out in federal rules. 

    (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. 

    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. 

    HIST: 1973 c 650 art 21 s 5; 1974 c 297 s 2; 1977 c 428 s 7; 
 1980 c 349 s 10; 1980 c 544 s 1; 1981 c 360 art 2 s 36,54; 
 1Sp1981 c 4 art 4 s 22,23; 1982 c 633 s 8,9; 1983 c 312 art 1 s 
 27; 1984 c 654 art 5 s 58; 1Sp1985 c 9 art 2 s 59; 1Sp1985 c 14 
 art 9 s 75; 1986 c 444; 1987 c 270 s 2; 1987 c 384 art 3 s 5; 
 1987 c 403 art 2 s 106; art 3 s 31; 1989 c 282 art 5 s 50,51; 
 1990 c 568 art 4 s 84; 1990 c 611 s 3; 1991 c 255 s 19; 1991 c 
 292 art 5 s 32-35; 1992 c 513 art 8 s 18; 1Sp1993 c 1 art 6 s 
 30; 1995 c 178 art 2 s 30; art 6 s 1,17; 1995 c 207 art 5 s 7; 
 1996 c 465 art 3 s 32; 1997 c 85 art 3 s 30-34; 1997 c 203 art 
 12 s 5,6; 1998 c 407 art 6 s 14; 1999 c 159 s 58-60 

*   NOTE: Subdivisions 3 and 3a are repealed by Laws 1999, 
*chapter 216, article 6, section 26, effective July 1, 2000.  
*Laws 1999, chapter 216, article 6, section 27.

     256D.051 Food stamp employment and training program. 

    Subdivision 1.    Food stamp employment and training 
 program.  The commissioner shall implement a food stamp 
 employment and training program in order to meet the food stamp 
 employment and training participation requirements of the United 
 States Department of Agriculture.  Unless exempt under 
 subdivision 3a, each adult recipient in the unit must 
 participate in the food stamp employment and training program 
 each month that the person is eligible for food stamps.  The 
 person's participation in food stamp employment and training 
 services must begin no later than the first day of the calendar 
 month following the determination of eligibility for food 
 stamps.  With the county agency's consent, and to the extent of 
 available resources, the person may voluntarily continue to 
 participate in food stamp employment and training services for 
 up to three additional consecutive months immediately following 
 termination of food stamp benefits in order to complete the 
 provisions of the person's employability development plan.  

    Subd. 1a.    Notices 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 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 
 for failure to meet the requirements.  The notice must ask the 
 reason for the noncompliance and 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 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) If the county agency determines that the participant 
 did not comply during the month with all food stamp employment 
 and training program requirements that were in effect, 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 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. 

    (e) The participant may appeal the termination of food 
 stamp benefits under the provisions of section 256.045. 

    Subd. 1b. Repealed, 1991 c 292 art 5 s 82 

    Subd. 2.    County agency duties.  (a) The county agency 
 shall provide to food stamp recipients a food stamp employment 
 and training program.  The program must include: 

    (1) orientation to the food stamp employment and training 
 program; 

    (2) an individualized employability assessment and an 
 individualized employability development plan that includes 
 assessment of literacy, ability to communicate in the English 
 language, educational and employment history, and that estimates 
 the length of time it will take the participant to obtain 
 employment.  The employability assessment and development plan 
 must be completed in consultation with the participant, must 
 assess the participant's assets, barriers, and strengths, and 
 must identify steps necessary to overcome barriers to 
 employment.  A copy of the employability development plan must 
 be provided to the registrant; 

    (3) referral to available accredited remedial or skills 
 training programs designed to address participant's barriers to 
 employment; 

    (4) referral to available programs that provide subsidized 
 or unsubsidized employment as necessary; 

    (5) a job search program, including job seeking skills 
 training; and 

    (6) other activities, to the extent of available resources 
 designed by the county agency to prepare the participant for 
 permanent employment. 

    In order to allow time for job search, the county agency 
 may not require an individual to participate in the food stamp 
 employment and training program for more than 32 hours a week.  
 The county agency shall require an individual to spend at least 
 eight hours a week in job search or other food stamp employment 
 and training program activities. 

    (b) The county agency shall prepare an annual plan for the 
 operation of its food stamp employment and training program.  
 The plan must be submitted to and approved by the commissioner 
 of economic security.  The plan must include: 

    (1) a description of the services to be offered by the 
 county agency; 

    (2) a plan to coordinate the activities of all public 
 entities providing employment-related services in order to avoid 
 duplication of effort and to provide services more efficiently; 

    (3) a description of the factors that will be taken into 
 account when determining a client's employability development 
 plan; and 

    (4) provisions to ensure that the county agency's 
 employment and training service provider provides each recipient 
 with an orientation, employability assessment, and employability 
 development plan as specified in paragraph (a), clauses (1) and 
 (2), within 30 days of the recipient's eligibility for 
 assistance. 

    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.051, subdivision 6c; 

    (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; 

    (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. 

    Subd. 3.    Participant duties.  In order to receive 
 food stamp assistance, a registrant shall:  (1) cooperate with 
 the county agency in all aspects of the food stamp employment 
 and training program; (2) accept any suitable employment, 
 including employment offered through the Job Training 
 Partnership Act, and other employment and training options; and 
 (3) participate in food stamp employment and training activities 
 assigned by the county agency.  The county agency may terminate 
 assistance to a registrant who fails to cooperate in the food 
 stamp employment and training program, as provided in 
 subdivision 1a. 

    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 Minnesota family 
 investment program, Minnesota supplemental aid program, or the 
 general assistance program; 

    (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. 

    Subd. 3b.    Orientation.  The county agency or its 
 employment and training service provider must provide an 
 orientation to food stamp employment and training services to 
 each nonexempt food stamp recipient within 30 days of the date 
 that food stamp eligibility is determined.  The orientation must 
 inform the participant of the requirement to participate in 
 services, the date, time, and address to report to for services, 
 the name and telephone number of the food stamp employment and 
 training service provider, the consequences for failure without 
 good cause to comply, the services and support services 
 available through food stamp employment and training services 
 and other providers of similar services, and must encourage the 
 participant to view the food stamp program as a temporary means 
 of supplementing the family's food needs until the family 
 achieves self-sufficiency through employment.  The orientation 
 may be provided through audio-visual methods, but the 
 participant must have the opportunity for face-to-face 
 interaction with county agency staff.  

    Subd. 3c. Repealed, 1991 c 292 art 5 s 82 

    Subd. 4. Repealed, 1987 c 403 art 2 s 164 

    Subd. 5. Repealed, 1987 c 403 art 2 s 164 

    Subd. 6. Repealed, 1999 c 245 art 6 s 89 

    Subd. 6a. Repealed, 1Sp1989 c 1 art 16 s 20 subd 3 

    Subd. 6b.    Federal reimbursement.  Federal financial 
 participation from the United States Department of Agriculture 
 for food stamp employment and training expenditures that are 
 eligible for reimbursement through the food stamp employment and 
 training program are dedicated funds and are annually 
 appropriated to the commissioner of human services for the 
 operation of the food stamp employment and training program.  
 Federal financial participation for the nonstate portion of food 
 stamp employment and training costs must be paid to the county 
 agency that incurred the costs.  

    Subd. 6c.    Program funding.  Within the limits of 
 available resources, the commissioner shall reimburse the actual 
 costs of county agencies and their employment and training 
 service providers for the provision of food stamp employment and 
 training services, including participant support services, 
 direct program services, and program administrative activities.  
 The cost of services for each county's food stamp employment and 
 training program shall not exceed an average of $400 per 
 participant.  No more than 15 percent of program funds may be 
 used for administrative activities.  The county agency may 
 expend county funds in excess of the limits of this subdivision 
 without state reimbursement. 

    Program funds shall be allocated based on the county's 
 average number of food stamp cases as compared to the statewide 
 total number of such cases.  The average number of cases shall 
 be based on counts of cases as of March 31, June 30, September 
 30, and December 31 of the previous calendar year.  The 
 commissioner may reallocate unexpended money appropriated under 
 this section to those county agencies that demonstrate a need 
 for additional funds. 

    Subd. 7.    Registrant status.  A registrant under this 
 section is not an employee for the purposes of workers' 
 compensation, reemployment compensation benefits, retirement, or 
 civil service laws, and shall not perform work ordinarily 
 performed by a regular public employee.  

    Subd. 8.    Voluntary quit.  A person who is required to 
 participate in food stamp employment and training services is 
 not eligible for food stamps if, without good cause, the person 
 refuses a legitimate offer of, or quits, suitable employment 
 within 60 days before the date of application.  A person who is 
 required to participate in food stamp employment and training 
 services and, without good cause, voluntarily quits suitable 
 employment or refuses a legitimate offer of suitable employment 
 while receiving food stamps shall be terminated from the food 
 stamp program as specified in subdivision 1a. 

    Subd. 9.    Subcontractors.  A county agency may, at its 
 option, subcontract any or all of the duties under this section 
 to a public or private entity approved by the commissioner of 
 economic security. 

    Subd. 10. Repealed, 1995 c 178 art 6 s 18 

    Subd. 11. Repealed, 1987 c 403 art 2 s 164 

    Subd. 12. Repealed, 1987 c 403 art 2 s 164 

    Subd. 13. Repealed, 1995 c 178 art 6 s 18 

    Subd. 14. Repealed, 1995 c 178 art 6 s 18 

    Subd. 15. Repealed, 1995 c 178 art 6 s 18 

    Subd. 16. Repealed, 1991 c 292 art 5 s 82 

    Subd. 17.    Start work grants.  Within the limit of 
 available appropriations, the county agency may make grants 
 necessary to enable food stamp employment training program 
 participants to accept bona fide offers of employment.  The 
 grants may be made for costs directly related to starting 
 employment, including transportation costs, clothing, tools and 
 equipment, license or other fees, and relocation.  Start work 
 grants are available once in any 12-month period to a 
 participant.  The commissioner shall allocate money appropriated 
 for start work grants to counties based on each county's food 
 stamp employment and training program caseload in the 12 months 
 ending in March for each following state fiscal year and may 
 reallocate any unspent amounts. 

    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. 

    Subd. 19. Repealed, 1999 c 245 art 6 s 89 

    HIST: 1Sp1985 c 9 art 2 s 60; 1Sp1985 c 14 art 9 s 75; 1986 c 
 444; 1987 c 403 art 3 s 33-37; 1989 c 282 art 5 s 52-65,133; 
 1Sp1989 c 1 art 16 s 12,22; 1990 c 568 art 4 s 26-30,84; 1991 c 
 292 art 5 s 36-42; 1992 c 513 art 8 s 19,20; 1Sp1993 c 1 art 6 s 
 31,32; 1Sp1993 c 6 s 15; 1994 c 483 s 1; 1995 c 178 art 6 s 
 2-13,17; 1996 c 465 art 3 s 33,34; 1997 c 66 s 80; 1997 c 85 art 
 3 s 35-38; 1998 c 407 art 6 s 15; 1999 c 107 s 66; 1999 c 159 s 
 61; 1999 c 245 art 6 s 1,2 

  256D.0511 Repealed, 1997 c 85 art 3 s 56 

     256D.0512 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. 

    HIST: 1997 c 85 art 3 s 39 

     256D.0513 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. 

    HIST: 1997 c 85 art 3 s 40 

     256D.052 Literacy training for recipients. 

    Subdivision 1. Repealed, 1995 c 178 art 6 s 18 

    Subd. 2. Repealed, 1995 c 178 art 6 s 18 

    Subd. 3.    Participant literacy transportation costs.  
 Within the limits of the state appropriation the county agency 
 must provide transportation to enable food stamp employment and 
 training participants to participate in literacy training under 
 this section.  The state shall reimburse county agencies for the 
 costs of providing transportation under this section up to the 
 amount of the state appropriation.  Counties must make every 
 effort to ensure that child care is available as needed by 
 recipients who are pursuing literacy training. 

    Subd. 4. Repealed, 1995 c 178 art 6 s 18 

    Subd. 5. Repealed, 1989 c 282 art 5 s 133 subd 3; 
 1Sp1989 c 1 art 16 s 20 

    Subd. 6. Repealed, 1989 c 282 art 5 s 133 subd 3; 
 1Sp1989 c 1 art 16 s 20 

    Subd. 7. Repealed, 1989 c 282 art 5 s 133 subd 3; 
 1Sp1989 c 1 art 16 s 20 

    HIST: 1987 c 403 art 3 s 32; 1989 c 246 s 2; 1989 c 282 art 5 
 s 66-69; 1990 c 568 art 4 s 31,84; 1991 c 292 art 5 s 43,44; 
 1995 c 178 art 6 s 14 

     256D.053 Minnesota food assistance program. 

    Subdivision 1.    Program established.  The Minnesota 
 food assistance program is established to provide food 
 assistance to legal noncitizens residing in this state who are 
 ineligible to participate in the federal Food Stamp Program 
 solely due to the provisions of section 402 or 403 of Public Law 
 Number 104-193, as authorized by Title VII of the 1997 Emergency 
 Supplemental Appropriations Act, Public Law Number 105-18, and 
 as amended by Public Law Number 105-185. 

    Beginning July 1, 2000, the Minnesota food assistance 
 program is limited to those noncitizens described in this 
 subdivision who are 50 years of age or older. 

    Subd. 2.    Eligibility requirements.  To be eligible 
 for the Minnesota food assistance program, all of the following 
 conditions must be met: 

    (1) the applicant must meet the initial and ongoing 
 eligibility requirements for the federal Food Stamp Program, 
 except for the applicant's ineligible immigration status; 

    (2) the applicant must be either a qualified noncitizen as 
 defined in section 256J.08, subdivision 73, or a noncitizen 
 otherwise residing lawfully in the United States; 

    (3) the applicant must be a resident of the state; and 

    (4) the applicant must not be receiving assistance under 
 the MFIP-S or the work first program. 

    Subd. 3.    Program administration.  (a) The rules for 
 the Minnesota food assistance program shall follow exactly the 
 regulations for the federal Food Stamp Program, except for the 
 provisions pertaining to immigration status under section 402 or 
 403 of Public Law Number 104-193. 

    (b) The county agency shall use the income, budgeting, and 
 benefit allotment regulations of the federal Food Stamp Program 
 to calculate an eligible recipient's monthly Minnesota food 
 assistance program benefit.  Until September 30, 1998, eligible 
 recipients under this subdivision shall receive the average per 
 person food stamp issuance in Minnesota in the fiscal year 
 ending June 30, 1997.  Beginning October 1, 1998, eligible 
 recipients shall receive the same level of benefits as those 
 provided by the federal Food Stamp Program to similarly situated 
 citizen recipients.  The monthly Minnesota food assistance 
 program benefits shall not exceed an amount equal to the amount 
 of federal Food Stamp Program benefits the household would 
 receive if all members of the household were eligible for the 
 federal Food Stamp Program. 

    (c) Minnesota food assistance program benefits must be 
 disregarded as income in all programs that do not count food 
 stamps as income. 

    (d) The county agency must redetermine a Minnesota food 
 assistance program recipient's eligibility for the federal Food 
 Stamp Program when the agency receives information that the 
 recipient's legal immigration status has changed in such a way 
 that would make the recipient potentially eligible for the 
 federal Food Stamp Program. 

    (e) Until October 1, 1998, the commissioner may provide 
 benefits under this section in cash. 

    Subd. 4. Repealed, 1999 c 245 art 6 s 89 

    HIST: 1998 c 407 art 6 s 16; 1999 c 245 art 6 s 3 

     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 the Minnesota family investment 
 program 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.  

    If the plan is approved by the commissioner, the county may 
 implement the plan.  

    HIST: 1995 c 178 art 2 s 32; 1996 c 465 art 3 s 35; 1997 c 85 
 art 3 s 41; 1999 c 159 s 62 

  256D.057 Repealed, 3Sp1997 c 1 s 3 

     256D.06 Amount of assistance. 

    Subdivision 1.  General assistance shall be granted in an 
 amount that when added to the nonexempt income actually 
 available to the assistance unit, the total amount equals the 
 applicable standard of assistance for general assistance.  In 
 determining eligibility for and the amount of assistance for an 
 individual or married couple, the county agency shall disregard 
 the first $50 of earned income per month.  

    Subd. 1a. Repealed, 1983 c 312 art 8 s 17 

    Subd. 1b.    Earned income savings account.  In addition 
 to the $50 disregard required under subdivision 1, the county 
 agency shall disregard an additional earned income up to a 
 maximum of $150 per month for:  (1) persons residing in 
 facilities licensed under Minnesota Rules, parts 9520.0500 to 
 9520.0690 and 9530.2500 to 9530.4000, and for whom discharge and 
 work are part of a treatment plan; (2) persons living in 
 supervised apartments with services funded under Minnesota 
 Rules, parts 9535.0100 to 9535.1600, and for whom discharge and 
 work are part of a treatment plan; and (3) persons residing in 
 group residential housing, as that term is defined in section 
 256I.03, subdivision 3, for whom the county agency has approved 
 a discharge plan which includes work.  The additional amount 
 disregarded must be placed in a separate savings account by the 
 eligible individual, to be used upon discharge from the 
 residential facility into the community.  For individuals 
 residing in a chemical dependency program licensed under 
 Minnesota Rules, part 9530.4100, subpart 22, item D, withdrawals 
 from the savings account require the signature of the individual 
 and for those individuals with an authorized representative 
 payee, the signature of the payee.  A maximum of $1,000, 
 including interest, of the money in the savings account must be 
 excluded from the resource limits established by section 
 256D.08, subdivision 1, clause (1).  Amounts in that account in 
 excess of $1,000 must be applied to the resident's cost of 
 care.  If excluded money is removed from the savings account by 
 the eligible individual at any time before the individual is 
 discharged from the facility into the community, the money is 
 income to the individual in the month of receipt and a resource 
 in subsequent months.  If an eligible individual moves from a 
 community facility to an inpatient hospital setting, the 
 separate savings account is an excluded asset for up to 18 
 months.  During that time, amounts that accumulate in excess of 
 the $1,000 savings limit must be applied to the patient's cost 
 of care.  If the patient continues to be hospitalized at the 
 conclusion of the 18-month period, the entire account must be 
 applied to the patient's cost of care. 

    Subd. 1c. Repealed, 1990 c 568 art 4 s 85 

    Subd. 2.  Notwithstanding the provisions of subdivision 1, 
 a grant of general assistance shall be made to an eligible 
 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; 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 according to this 
 subdivision.  

    Subd. 3. Repealed, 1989 c 282 art 5 s 133; 1Sp1989 c 1 
 art 16 s 20 

    Subd. 4. Repealed, 1989 c 282 art 5 s 133; 1Sp1989 c 1 
 art 16 s 20 

    Subd. 5.  Any applicant, otherwise eligible for general 
 assistance and possibly eligible for maintenance benefits from 
 any other source shall (a) make application for those benefits 
 within 30 days of the general assistance application; and (b) 
 execute an interim assistance authorization agreement on a form 
 as directed by the commissioner.  The commissioner shall review 
 a denial of an application for other maintenance benefits and 
 may require a recipient of general assistance to file an appeal 
 of the denial if appropriate.  If found eligible for benefits 
 from other sources, and a payment received from another source 
 relates to the period during which general assistance was also 
 being received, the recipient shall be required to reimburse the 
 county agency for the interim assistance paid.  Reimbursement 
 shall not exceed the amount of general assistance paid during 
 the time period to which the other maintenance benefits apply 
 and shall not exceed the state standard applicable to that time 
 period.  The commissioner shall adopt rules authorizing county 
 agencies or other client representatives to retain from the 
 amount recovered under an interim assistance agreement 25 
 percent plus actual reasonable fees, costs, and disbursements of 
 appeals and litigation, of providing special assistance to the 
 recipient in processing the recipient's claim for maintenance 
 benefits from another source.  The money retained under this 
 section shall be from the state share of the recovery.  The 
 commissioner or the county agency may contract with qualified 
 persons to provide the special assistance.  The rules adopted by 
 the commissioner shall include the methods by which county 
 agencies shall identify, refer, and assist recipients who may be 
 eligible for benefits under federal programs for the disabled.  
 This subdivision does not require repayment of per diem payments 
 made to shelters for battered women pursuant to section 256D.05, 
 subdivision 3. 

    Subd. 6. Repealed, 1989 c 282 art 5 s 133; 1Sp1989 c 1 
 art 16 s 20 

    Subd. 7.    SSI conversions and back claims.  (a)    
 SSI conversions.  The commissioner of human services shall 
 contract with agencies or organizations capable of ensuring that 
 clients who are presently receiving assistance under sections 
 256D.01 to 256D.21, and who may be eligible for benefits under 
 the federal Supplemental Security Income program, apply and, 
 when eligible, are converted to the federal income assistance 
 program and made eligible for health care benefits under the 
 medical assistance program.  The commissioner shall ensure that 
 money owing to the state under interim assistance agreements is 
 collected.  

    (b)    Back claims for federal health care benefits.  
 The commissioner shall also directly or through contract 
 implement procedures for collecting federal Medicare and medical 
 assistance funds for which clients converted to SSI are 
 retroactively eligible. 

    (c)    Additional requirements.  The commissioner shall 
 begin contracting with agencies to ensure implementation of this 
 section within 14 days after April 29, 1992.  County contracts 
 with providers for residential services shall include the 
 requirement that providers screen residents who may be eligible 
 for federal benefits and provide that information to the local 
 agency.  The commissioner shall modify the MAXIS computer system 
 to provide information on clients who have been on general 
 assistance for two years or longer.  The list of clients shall 
 be provided to local services for screening under this section. 

    (d)    Report.  The commissioner shall report to the 
 legislature by January 15, 1993, on the implementation of this 
 section.  The report shall contain information on the following: 

    (1) the number of clients converted from general assistance 
 to SSI, by county; 

    (2) information on the organizations involved; 

    (3) the amount of money collected through interim 
 assistance agreements; 

    (4) the amount of money collected in federal Medicare or 
 Medicaid funds; 

    (5) problems encountered in processing conversions and back 
 claims; and 

    (6) recommended changes to enhance recoveries and maximize 
 the receipt of federal money in the most efficient way possible. 

    Subd. 8.    Recovery of ATM errors.  For recipients 
 receiving benefits via electronic benefit transfer, if the 
 recipient is overpaid as 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. 

    HIST: 1973 c 650 art 21 s 6; 1977 c 301 s 4; 1980 c 536 s 
 12,13; 1980 c 614 s 131; 1981 c 360 art 2 s 37,38; 1983 c 312 
 art 8 s 7; 1984 c 640 s 32; 1984 c 641 s 25; 1984 c 654 art 5 s 
 31; 1985 c 252 s 25; 1987 c 403 art 3 s 38-40; 1988 c 689 art 2 
 s 189-191; 1990 c 568 art 4 s 32,84; 1991 c 292 art 4 s 70; 1992 
 c 406 s 1; 1992 c 513 art 8 s 21,22; 1994 c 465 art 1 s 30; 1995 
 c 233 art 2 s 56; 1996 c 465 art 3 s 36; 1997 c 85 art 3 s 43; 
 1999 c 245 art 6 s 4 

  256D.065 Repealed, 1997 c 85 art 3 s 56 

     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. 

    HIST: 1997 c 85 art 3 s 44 

     256D.07 Time of payment of assistance. 

    An applicant for general assistance or general assistance 
 medical care authorized by section 256D.03, subdivision 3, shall 
 be deemed eligible if the application and the verification of 
 the statement on that application demonstrate that the applicant 
 is within the eligibility criteria established by sections 
 256D.01 to 256D.21 and any applicable rules of the 
 commissioner.  Any person requesting general assistance or 
 general assistance medical care shall be permitted by the county 
 agency to make an application for assistance as soon as 
 administratively possible and in no event later than the fourth 
 day following the date on which assistance is first requested, 
 and no county agency shall require that a person requesting 
 assistance appear at the offices of the county agency more than 
 once prior to the date on which the person is permitted to make 
 the application.  The application shall be in writing in the 
 manner and upon the form prescribed by the commissioner and 
 attested to by the oath of the applicant or in lieu thereof 
 shall contain the following declaration which shall be signed by 
 the applicant:  "I declare that this application has been 
 examined by me and to the best of my knowledge and belief is a 
 true and correct statement of every material point."  On the 
 date that general assistance is first requested, the county 
 agency shall inquire and determine whether the person requesting 
 assistance is in immediate need of food, shelter, clothing, 
 assistance for necessary transportation, or other emergency 
 assistance pursuant to section 256D.06, subdivision 2.  A person 
 in need of emergency assistance shall be granted emergency 
 assistance immediately, and necessary emergency assistance shall 
 continue for up to 30 days following the date of application.  A 
 determination of an applicant's eligibility for general 
 assistance shall be made by the county agency as soon as the 
 required verifications are received by the county agency and in 
 no event later than 30 days following the date that the 
 application is made.  Any verifications required of the 
 applicant shall be reasonable, and the commissioner shall by 
 rule establish reasonable verifications.  General assistance 
 shall be granted to an eligible applicant without the necessity 
 of first securing action by the board of the county agency.  The 
 first month's grant must be computed to cover the time period 
 starting with the date a signed application form is received by 
 the county agency or from the date that the applicant meets all 
 eligibility factors, whichever occurs later.  

    If upon verification and due investigation it appears that 
 the applicant provided false information and the false 
 information materially affected the applicant's eligibility for 
 general assistance or general assistance medical care provided 
 pursuant to section 256D.03, subdivision 3, or the amount of the 
 applicant's general assistance grant, the county agency may 
 refer the matter to the county attorney.  The county attorney 
 may commence a criminal prosecution or a civil action for the 
 recovery of any general assistance wrongfully received, or both. 

    HIST: 1973 c 650 art 21 s 7; 1979 c 237 s 1; 1980 c 536 s 14; 
 1981 c 40 s 1; 1986 c 444; 1988 c 689 art 2 s 192; 1990 c 568 
 art 4 s 84; 1991 c 292 art 5 s 46 

     256D.08 Exclusion from resources. 

    Subdivision 1.  In determining eligibility of an assistance 
 unit, the following resources shall be excluded: 

    (1) real or personal property or liquid assets which do not 
 exceed $1,000; and 

    (2) other property which has been determined, according to 
 limitations contained in rules promulgated by the commissioner, 
 to be essential to 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 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 assistance unit where there 
 is a reasonable probability that in the foreseeable future the 
 property will be used for the self-support of the assistance 
 unit; and 

    (3) payments, made 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. 

    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 assistance unit by the forced disposal of 
 the property.  

    HIST: 1973 c 650 art 21 s 8; 1979 c 250 s 2; 1980 c 536 s 
 15,16; 1987 c 403 art 3 s 41; 1997 c 85 art 3 s 45,46 

     256D.09 Form of payment; requiring chemical health 
  assessment payments; recovery of overpayments. 

    Subdivision 1.    Presumptive eligibility; payments.  
 Until the county agency has determined the initial eligibility 
 of the applicant in accordance with section 256D.07, grants for 
 emergency general assistance must be in the form of vouchers or 
 vendor payments unless the county agency determines that a cash 
 grant will best resolve the applicant's need for emergency 
 assistance.  Thereafter, grants of general assistance must be 
 paid in cash, by electronic benefit transfer, or by direct 
 deposit into the recipient's account in a financial institution, 
 on the first day of the month, except as allowed in this section.

    Subd. 2.  Notwithstanding the provisions of subdivision 1, 
 the commissioner shall provide by rule for situations in which 
 vouchers or vendor payments may be issued by county agencies 
 because of the inability of the recipient to manage a general 
 assistance grant for personal or family benefit.  

    Subd. 2a.    Vendor payments for drug dependent persons. 
  If, at the time of application or at any other time, there is 
 a reasonable basis for questioning whether a person applying for 
 or receiving financial assistance is drug dependent, as defined 
 in section 254A.02, subdivision 5, the person shall be referred 
 for a chemical health assessment, and only emergency assistance 
 payments or general assistance vendor payments may be provided 
 until the assessment is complete and the results of the 
 assessment made available to the county agency.  A reasonable 
 basis for referring an individual for an assessment exists when: 

    (1) the person has required detoxification two or more 
 times in the past 12 months; 

    (2) the person appears intoxicated at the county agency as 
 indicated by two or more of the following: 

    (i) the odor of alcohol; 

    (ii) slurred speech; 

    (iii) disconjugate gaze; 

    (iv) impaired balance; 

    (v) difficulty remaining awake; 

    (vi) consumption of alcohol; 

    (vii) responding to sights or sounds that are not actually 
 present; 

    (viii) extreme restlessness, fast speech, or unusual 
 belligerence; 

    (3) the person has been involuntarily committed for drug 
 dependency at least once in the past 12 months; or 

    (4) the person has received treatment, including 
 domiciliary care, for drug abuse or dependency at least twice in 
 the past 12 months.  

    The assessment and determination of drug dependency, if 
 any, must be made by an assessor qualified under Minnesota 
 Rules, part 9530.6615, subpart 2, to perform an assessment of 
 chemical use.  The county shall only provide emergency general 
 assistance or vendor payments to an otherwise eligible applicant 
 or recipient who is determined to be drug dependent, except up 
 to 15 percent of the grant amount the person would otherwise 
 receive may be paid in cash.  Notwithstanding subdivision 1, the 
 commissioner of human services shall also require county 
 agencies to provide assistance only in the form of vendor 
 payments to all eligible recipients who assert chemical 
 dependency as a basis for eligibility under section 256D.05, 
 subdivision 1, paragraph (a), clauses (1) and (6). 

    The determination of drug dependency shall be reviewed at 
 least every 12 months.  If the county determines a recipient is 
 no longer drug dependent, the county may cease vendor payments 
 and provide the recipient payments in cash. 

    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. 

    Subd. 3. Repealed, 1992 c 513 art 8 s 59 

    Subd. 4. Repealed, 1991 c 292 art 5 s 82 

    Subd. 5.    Vendor payments to landlords.  The affected 
 county may require that assistance paid under the emergency 
 general assistance program in the form of a 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. 

    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. 

    (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. 

    HIST: 1973 c 650 art 21 s 9; 1980 c 536 s 17; 1981 c 40 s 2; 
 1983 c 312 art 8 s 8,9; 1984 c 640 s 32; 1Sp1985 c 9 art 2 s 
 61,62; 1Sp1985 c 14 art 9 s 30; 1986 c 444; 1988 c 506 s 1; 1990 
 c 568 art 4 s 33,84; 1995 c 178 art 2 s 33-35; art 6 s 17; 1995 
 c 233 art 2 s 56; 1996 c 465 art 3 s 37; 1997 c 85 art 3 s 47; 
 art 5 s 23 

  256D.091 Repealed, 1995 c 178 art 6 s 18 

     256D.10 Hearings prior to reduction; termination; 
  suspension of general assistance grants. 

    No grant of general assistance except one made pursuant to 
 section 256D.06, subdivision 2; or 256D.08, subdivision 2, shall 
 be reduced, terminated, or suspended unless the recipient 
 receives notice and is afforded an opportunity to be heard prior 
 to any action by the county agency. 

    Nothing herein shall deprive a recipient of the right to 
 full administrative and judicial review of an order or 
 determination of a county agency as provided for in section 
 256.045 subsequent to any action taken by a county agency after 
 a prior hearing. 

    HIST: 1973 c 650 art 21 s 10; 1980 c 509 s 103; 1980 c 536 s 
 18; 1986 c 444; 1990 c 568 art 4 s 84; 1991 c 292 art 5 s 47; 
 1996 c 465 art 3 s 38 

  256D.101 Repealed, 1995 c 178 art 6 s 18 

  256D.11 Repealed, 1981 c 360 art 2 s 52 

  256D.111 Repealed, 1995 c 178 art 6 s 18 

  256D.112 Repealed, 1983 c 312 art 8 s 18; 1Sp1985 c 14 art 
  9 s 78 subd 1 

  256D.113 Repealed, 1995 c 178 art 6 s 18 

  256D.12 Repealed, 1976 c 131 s 2 

     256D.13 Mandamus to compel payment of general assistance.

    Subdivision 1.  Notwithstanding the provisions of section 
 256.045 providing for administrative and judicial review of 
 county agency determinations, a person denied general assistance 
 by the county agency may apply to the district court of the 
 county in which the person's application was filed and the 
 district court shall order the payment of general assistance if 
 the person establishes: 

    (1) The substantial likelihood of eligibility for and 
 entitlement to general assistance, and 

    (2) The person or family will suffer irreparable injury if 
 general assistance is not granted without delay. 

    Subd. 2.  The denial by a district court of a writ of 
 mandamus shall not affect the right or scope of administrative 
 or judicial review as set forth in section 256.045. 

    HIST: 1973 c 650 art 21 s 13; 1980 c 509 s 104; 1980 c 536 s 
 27; 1986 c 444; 1990 c 568 art 4 s 84 

     256D.14 Violations. 

    Whoever obtains or attempts to obtain, or aids or abets any 
 person to obtain by means of a willfully false statement or 
 representation, or by the intentional withholding or concealment 
 of a material fact, or by impersonation, or other fraudulent 
 device: 

    (1) Assistance to which the person is not entitled; or 

    (2) Assistance greater than that to which the person is 
 reasonably entitled; 

    shall be considered to have violated section 256.98, and 
 shall be subject to both the criminal and civil penalties 
 provided therein.  

    HIST: 1973 c 650 art 21 s 14; 1981 c 360 art 2 s 39; 1986 c 
 444 

     256D.15 Relative's responsibility. 

    The financial responsibility of a relative for an applicant 
 for or recipient of general assistance shall not extend beyond 
 the relationship of a spouse or a parent of an adult child who 
 resides with the parent, or the parent of a minor child 
 regardless of where the minor child resides, or a family member 
 who resides with the applicant or recipient.  

    HIST: 1973 c 650 art 21 s 15; 1984 c 654 art 5 s 37; 1987 c 
 403 art 3 s 43; 1995 c 178 art 6 s 17 

     256D.16 General assistance to be allowed as claim in 
  court. 

    On the death of any person who received any general 
 assistance under sections 256D.01 to 256D.21, or on the death of 
 the survivor of a married couple, either or both of whom 
 received general assistance, the total amount paid as general 
 assistance to either or both, without interest, shall be allowed 
 as a claim against the estate of such person or persons by the 
 court having jurisdiction to probate the estate. 

    HIST: 1973 c 650 art 21 s 16; 1980 c 536 s 28 

     256D.17 Data processing procedures.  

    The county agency shall, to the extent permitted by federal 
 law or regulation, in addition to any other necessary records 
 and procedures, provide for the inclusion of all general 
 assistance records in any data processing system established for 
 the medical assistance program, in accordance with procedures 
 established by the commissioner.  

    HIST: 1973 c 650 art 21 s 17; 1990 c 568 art 4 s 84 

  256D.18 Repealed, 1987 c 363 s 14 

     256D.19 Abolition of township system of poor relief.  

    Subdivision 1.  The town system for caring for the poor in 
 each of the counties in which it is in effect is hereby 
 abolished.  The local social services agency of each county 
 shall administer general assistance under the provisions of Laws 
 1973, chapter 650, article 21.  

    Subd. 2.  All local social services agencies affected by 
 Laws 1973, chapter 650, article 21 are hereby authorized to take 
 over for the county as of January 1, 1974, the ownership of all 
 case records relating to the administration of poor relief.  

    HIST: 1973 c 650 art 21 s 19; 1994 c 631 s 31 

     256D.20 Transfer of town employees.  

    Subdivision 1.  The term "merit system" as used herein 
 shall mean the rules for a merit system of personnel 
 administration for employees of local social services agencies 
 adopted by the commissioner of human services in accordance with 
 the provisions of section 393.07, including the merit system 
 established for Hennepin county pursuant to Laws 1965, chapter 
 855, as amended, the federal social security article as amended, 
 and merit system standards and regulations issued by the federal 
 Social Security Board and the United States Children's Bureau.  

    Subd. 2.  All employees of any municipality or town who are 
 engaged full time in poor relief work therein on January 1, 1974 
 shall be retained as employees of the county and placed under 
 the jurisdiction of its local social services agency.  

    All transferred employees shall be blanketed into the merit 
 system with comparable status, classification, longevity, and 
 seniority, and subject to the administrative requirements of the 
 local social services agency.  Employees with permanent status 
 under any civil service provision on January 1, 1974, shall be 
 granted permanent status under the merit system at comparable 
 classifications and in accordance with work assignments made 
 under the authority of the local social services agency as 
 provided by the merit system rules.  

    The determination of proper job allocation shall be the 
 responsibility of the personnel officer or director as provided 
 under merit system rules applicable to the county involved with 
 the right of appeal of allocation to the merit system council or 
 personnel board by any employee affected by this transfer.  

    All transferred employees shall receive salaries for the 
 classification to which they are allocated in accordance with 
 the schedule in effect for local social services agency 
 employees and at a salary step which they normally would have 
 received had they been employed by the local social services 
 agency for the same period of service they had previously served 
 under the civil service provisions of any municipality or town; 
 provided, however, that no salary shall be reduced as a result 
 of the transfer.  

    All accumulated sick leave of transferred employees in the 
 amount of 60 days or less shall be transferred to the records of 
 the local social services agency and such accumulated sick leave 
 shall be the legal liability of the local social services 
 agency.  All accumulated sick leave in excess of 60 days shall 
 be paid in cash to transferred employees by the municipality or 
 town by which they were employed prior to their transfer, at the 
 time of transfer.  In lieu of the cash payment, the municipality 
 or town shall, at the option of the employee concerned, allow a 
 leave of absence with pay, prior to transfer, for all or part of 
 the accumulated sick leave.  

    Subd. 3.  Employees of municipalities and towns engaged in 
 the work of administering poor relief who are not covered by 
 civil service provisions shall be blanketed into the merit 
 system subject to a qualifying examination.  Employees with one 
 year or more service shall be subject to a qualifying 
 examination and those with less than one year's service shall be 
 subject to an open competitive examination.  

    Subd. 4.  All vacation leave of employees referred to in 
 subdivision 2, accumulated prior to their transfer to county 
 employment shall be paid in cash to them by the municipality or 
 town by which they were employed prior to their transfer, and at 
 the time of their transfer.  In lieu of the cash payment, the 
 municipality or town shall, at the option of the employee 
 concerned, allow a leave of absence with pay, prior to such 
 transfer, for all or part of the accumulated vacation time.  

    HIST: 1973 c 650 art 21 s 20; 1984 c 654 art 5 s 58; 1994 c 
 631 s 31 

     256D.21 Continuation of retirement system for former 
  Minneapolis employees. 

    Subdivision 1.  Each employee of the city of Minneapolis 
 who is transferred to and employed by the county under the 
 provisions of section 256D.20 and who is a contributing member 
 of a retirement system organized under the provisions of chapter 
 422A, shall continue to be a member of that system and entitled 
 to all of the benefits conferred thereby and subject to all the 
 restrictions of chapter 422A, unless the member applies to 
 cancel membership within six months after January 1, 1974. 

    Subd. 2.  The cost to the public of that portion of the 
 retirement allowances or other benefits accrued while any such 
 employee was in the service of the city of Minneapolis shall 
 remain an obligation of the city and a tax shall be levied and 
 collected by it to discharge its obligation as provided by 
 chapter 422A. 

    Subd. 3.  The cost to the public of the retirement 
 allowances or other benefits accruing to employees so 
 transferred to and employed by the county shall be the 
 obligation of and paid by the county at such time as the 
 retirement board shall fix and determine in accordance with 
 chapter 422A.  The county shall pay to the municipal retirement 
 fund an amount certified to the county auditor of the county by 
 the retirement board as the cost of the retirement allowances 
 and other benefits accruing and owing to such county employees.  
 The cost to the public of the retirement allowances as herein 
 provided shall be paid from the county revenue fund by the 
 county auditor upon receipt of certification from the retirement 
 board as herein provided, and the county board is authorized to 
 levy and collect such taxes as may be necessary to pay such 
 costs. 

    HIST: 1973 c 650 art 21 s 21; 1976 c 239 s 82; 1986 c 444 

  256D.22 Repealed, 1988 c 719 art 8 s 33 

     256D.23 Temporary county assistance program. 

    Subdivision 1.    Program established.  Minnesota 
 residents who meet the income and resource standards of section 
 256D.01, subdivision 1a, but do not qualify for cash benefits 
 under sections 256D.01 to 256D.21, may qualify for a county 
 payment under this section. 

    Subd. 2.    Payment amount, duration, and method.  (a) A 
 county may make a payment of up to $203 for a single individual 
 and up to $260 for a married couple under the terms of this 
 subdivision. 

    (b) Payments to an individual or married couple may only be 
 made once in a calendar year.  If the applicant qualifies for a 
 payment as a result of an emergency, as defined by the county, 
 the payment shall be made within ten working days of the date of 
 application.  If the applicant does not qualify under the county 
 definition of emergency, the payment shall be made at the 
 beginning of the second month following the month of 
 application, and the applicant must receive the payment in 
 person at the local agency office. 

    (c) Payments may be made in the form of cash or as vendor 
 payments for rent and utilities.  If vendor payments are made, 
 they shall be equal to $203 for a single individual or $260 for 
 a married couple, or the actual amount of rent and utilities, 
 whichever is less. 

    (d) Each county must develop policies and procedures as 
 necessary to implement this section. 

    (e) Payments under this section are not an entitlement.  No 
 county is required to make a payment in excess of the amount 
 available to the county under subdivision 3. 

    Subd. 3.    State allocation to counties.  The 
 commissioner shall allocate to each county on an annual basis 
 the amount specifically appropriated for payments under this 
 section.  The allocation shall be based on each county's 
 proportionate share of state fiscal year 1994 work readiness 
 expenditures. 

    HIST: 1995 c 178 art 6 s 15; 1999 c 159 s 63 

     256D.33 Citation. 

    Sections 256D.33 to 256D.54 may be cited as the Minnesota 
 Supplemental Aid Act.  

    HIST: 1989 c 282 art 5 s 72 

     256D.34 Policy. 

    The purpose of sections 256D.33 to 256D.54 is to (1) 
 provide a sound administrative structure for public assistance 
 programs; (2) maximize the use of federal funds for public 
 assistance purposes; and (3) provide an integrated public 
 assistance program for all Minnesota residents who are 
 recipients of supplemental security income or who, except for 
 excess income, would be receiving supplemental security income 
 and who are found to have maintenance needs as determined by 
 application of state standards of assistance according to 
 section 256D.44. 

    HIST: 1989 c 282 art 5 s 73 

     256D.35 Definitions. 

    Subdivision 1.    Scope.  The terms defined in this 
 section shall have the meanings given them.  The definitions in 
 this section apply to sections 256D.33 to 256D.54.  

    Subd. 2. Repealed, 1989 c 282 art 5 s 133 

    Subd. 2a.    Aged.  "Aged" means having reached age 65 
 or reaching the age of 65 during the month of application.  

    Subd. 3. Repealed, 1989 c 282 art 5 s 133 

    Subd. 3a.    Assistance unit.  "Assistance unit" means 
 the individual applicant or recipient or an eligible applicant 
 married couple or recipient married couple who live together. 

    Subd. 4. Repealed, 1989 c 282 art 5 s 133 

    Subd. 4a.    Blind.  "Blind" means the condition of a 
 person whose central visual acuity does not exceed 20/200 in the 
 better eye with correcting lenses, or, if visual acuity is 
 greater than 20/200, the condition is accompanied by limitation 
 in the fields of vision such that the widest diameter of the 
 visual field subtends an angle no greater than 20 degrees.  A 
 person who receives supplemental security income based on other 
 visual disabilities may also be eligible for the Minnesota 
 supplemental aid program. 

    Subd. 5.  "Commissioner" means the commissioner of human 
 services or a designee.  

    Subd. 6.  "Department" means the department of human 
 services.  

    Subd. 7.  "County agency" means the local social services 
 agencies in the several counties of the state except that it may 
 also include any multicounty local social services agencies 
 where those have been established in accordance with law.  

    Subd. 8. Repealed, 1989 c 282 art 5 s 133 

    Subd. 8a.    Disability.  "Disability" means disability 
 as determined under the criteria used by the Title II program of 
 the Social Security Act.  

    Subd. 8b.    Emergency.  "Emergency" means circumstances 
 that demand immediate action to safeguard against threats to 
 health or safety of an individual.  

    Subd. 8c.    Financially responsible relative.  
 "Financially responsible relative" means a spouse or a parent of 
 a minor child. 

    Subd. 8d.    Good cause.  "Good cause" means a reason 
 for taking an action or failing to take an action that is 
 reasonable and justified when viewed in the context of 
 surrounding circumstances.  

    Subd. 9.    Homestead.  "Homestead" means a shelter in 
 which the individual or the spouse with whom the individual 
 lives has an ownership interest, and that is the principal 
 residence of the individual, spouse, or the individual's minor 
 or disabled child.  The home may be either real or personal 
 property, fixed or mobile, and located on land or water.  The 
 home includes all the land that appertains to it and buildings 
 located on that land. 

    Subd. 10.    Gross income.  "Gross income" means the 
 total amount of earned and unearned money received in a month 
 before any deductions or disregards are applied.  

    Subd. 11.    In-kind income.  "In-kind income" means 
 income, benefits, or payments that are provided in a form other 
 than money or liquid asset.  In-kind income includes goods, 
 produce, services, privileges, or payments on behalf of a person 
 by a third party; except benefits of the recipient, such as 
 those administered by the Social Security Administration, that 
 are paid to a representative payee, and are spent on behalf of 
 the applicant or recipient, are not in-kind income, but are 
 considered available income of the applicant or recipient. 

    Subd. 12.    Lump sum.  "Lump sum" means money received 
 on an irregular or unexpected basis.  

    Subd. 13.    Maintenance benefit.  "Maintenance benefit" 
 means cash payments, other than Minnesota supplemental aid, 
 provided under law or rule.  Maintenance benefit includes 
 workers' compensation, reemployment compensation, railroad 
 retirement, veterans benefits, supplemental security income, 
 social security disability insurance, or other benefits 
 identified by the county agency that provide periodic benefits 
 that can be used to meet the basic needs of the assistance unit. 

    Subd. 14. Repealed, 1995 c 207 art 5 s 40 

    Subd. 15.    Net income.  "Net income" means monthly 
 income remaining after allowable deductions and disregards are 
 subtracted from gross income. 

    Subd. 16.    Overpayment.  "Overpayment" means an amount 
 of Minnesota supplemental aid paid to a recipient that exceeds 
 the amount to which the recipient is entitled for that month.  

    Subd. 17.    Potential eligibility.  "Potential 
 eligibility" means a determination by a county agency that an 
 assistance unit or a financially responsible relative appears to 
 meet the eligibility requirements of another maintenance benefit 
 program. 

    Subd. 18.    Retirement, survivors, and disability 
 insurance.  "Retirement, survivors, and disability insurance" 
 means benefits paid under the federal program for retired, 
 disabled, and surviving spouses of retired or disabled 
 individuals under Title II of the Social Security Act.  

    Subd. 19. Repealed, 1995 c 207 art 5 s 40 

    Subd. 20.    Supplemental security income.  
 "Supplemental security income" means benefits paid under the 
 federal program of supplemental security income for the aged, 
 blind, and disabled under Title XVI of the Social Security Act. 

    HIST: 1974 c 487 s 1; 1984 c 654 art 5 s 58; 1985 c 248 s 70; 
 1986 c 444; 1988 c 689 art 2 s 193; 1989 c 282 art 5 s 74-93; 
 1990 c 426 art 2 s 1; 1992 c 513 art 8 s 24; 1Sp1993 c 1 art 8 s 
 4; 1994 c 488 s 8; 1994 c 631 s 31; 1999 c 107 s 66 

     256D.36 State participation. 

    Subdivision 1.    State participation.  The state share 
 of aid paid shall be 100 percent. 

    Subd. 1a. Repealed, 1995 c 207 art 5 s 40 

    Subd. 2. Repealed, 1989 c 282 art 5 s 133 

    HIST: 1974 c 487 s 2; 1979 c 303 art 2 s 3; 1980 c 607 art 2 s 
 4; 1986 c 444; 1988 c 719 art 8 s 21; 1989 c 282 art 5 s 94,95; 
 1Sp1989 c 1 art 16 s 13; 1990 c 426 art 2 s 1; 1990 c 568 art 4 
 s 84; 1991 c 292 art 5 s 51; 1995 c 207 art 5 s 8; 1997 c 203 
 art 11 s 11 

  256D.37 Repealed, 1995 c 207 art 5 s 40 

  256D.38 Repealed, 1989 c 282 art 5 s 133 

     256D.385 Residence. 

    To be eligible for Minnesota supplemental aid, a person 
 must be a resident of Minnesota and (1) a citizen of the United 
 States, or (2) an alien eligible to receive benefits from the 
 supplemental security income program.  

    HIST: 1989 c 282 art 5 s 97; 1995 c 207 art 5 s 9 

  256D.39 Repealed, 1989 c 282 art 5 s 133 

     256D.395 Application procedures. 

    Subdivision 1.    Information.  The county agency shall 
 provide information about the program and application procedures 
 to a person who inquires about Minnesota supplemental aid.  

    Subd. 2.    Filing of application.  The county agency 
 must immediately provide an application form to any person 
 requesting Minnesota supplemental aid.  Application for 
 Minnesota supplemental aid must be in writing on a form 
 prescribed by the commissioner.  The county agency must 
 determine an applicant's eligibility for Minnesota supplemental 
 aid as soon as the required verifications are received by the 
 county agency and within 30 days after a signed application is 
 received by the county agency for the aged or blind or within 60 
 days for the disabled.  The amount of the first grant of 
 Minnesota supplemental aid awarded to an applicant must be 
 computed to cover the time period starting with the first day of 
 the month in which the county agency received the signed and 
 dated application or the first day of the month in which all 
 eligibility factors were met, whichever is later.  

    HIST: 1989 c 282 art 5 s 98 

  256D.40 Repealed, 1976 c 131 s 2 

     256D.405 Verification and reporting requirements. 

    Subdivision 1.    Verification.  The county agency shall 
 request, and applicants and recipients shall provide and verify, 
 all information necessary to determine initial and continuing 
 eligibility and assistance payment amounts.  If necessary, the 
 county agency shall assist the applicant or recipient in 
 obtaining verifications.  If the applicant or recipient refuses 
 or fails without good cause to provide the information or 
 verification, the county agency shall deny or terminate 
 assistance.  

    Subd. 1a.    Exemption.  Recipients who maintain 
 supplemental security income eligibility are exempt from the 
 reporting requirements of subdivision 1, except that the 
 policies and procedures of transfers of assets are those used by 
 the medical assistance program under section 256B.0595. 

    Subd. 2.    Redetermination of eligibility.  The 
 eligibility of each recipient must be redetermined at least once 
 every 12 months.  

    Subd. 3.    Reports.  Recipients must report changes in 
 circumstances that affect eligibility or assistance payment 
 amounts within ten days of the change.  Recipients who do not 
 receive SSI because of excess income must complete a monthly 
 report form if they have earned income, if they have income 
 deemed to them from a financially responsible relative with whom 
 the recipient resides, or if they have income deemed to them by 
 a sponsor.  If the report form is not received before the end of 
 the month in which it is due, the county agency must terminate 
 assistance.  The termination shall be effective on the first day 
 of the month following the month in which the report was due.  
 If a complete report is received within the month the assistance 
 was terminated, the assistance unit is considered to have 
 continued its application for assistance, effective the first 
 day of the month the assistance was terminated. 

    HIST: 1989 c 282 art 5 s 99; 1995 c 207 art 5 s 10; 1995 c 248 
 art 17 s 5 

  256D.41 Repealed, 1989 c 282 art 5 s 133 

     256D.415 Residence; county of financial responsibility. 

    The county of financial responsibility is the county 
 specified in section 256G.02, subdivision 4.  

    HIST: 1989 c 282 art 5 s 100 

  256D.42 Repealed, 1989 c 282 art 5 s 133 

     256D.425 Eligibility criteria. 

    Subdivision 1.    Persons entitled to receive aid.  A 
 person receiving supplemental security benefits under Title XVI 
 on the basis of age, blindness, or disability (or would be 
 eligible for such benefits except for excess income) is eligible 
 for a payment under the Minnesota supplemental aid program, if 
 the person's net income is less than the standards in section 
 256D.44.  Persons who are not receiving supplemental security 
 income benefits under Title XVI of the Social Security Act or 
 disability insurance benefits under Title II of the Social 
 Security Act due to exhausting time limited benefits are not 
 eligible to receive benefits under the MSA program.  Persons who 
 are not receiving social security or other maintenance benefits 
 for failure to meet or comply with the social security or other 
 maintenance program requirements are not eligible to receive 
 benefits under the MSA program.  Persons who are found 
 ineligible for supplemental security income because of excess 
 income, but whose income is within the limits of the Minnesota 
 supplemental aid program, must have blindness or disability 
 determined by the state medical review team.  

    Subd. 2.    Resource standards.  The resource standards 
 and restrictions for supplemental aid under this section shall 
 be those used to determine eligibility for disabled individuals 
 in the supplemental security income program.  

    Subd. 3. Repealed, 1995 c 207 art 5 s 40; 1995 c 248 art 
 17 s 7 

    Subd. 4.    Cooperation.  To be eligible for the 
 Minnesota supplemental aid program, applicants and recipients 
 must cooperate with the state and local agency to identify 
 potentially liable third-party payors and assist the state in 
 obtaining third-party payments.  Cooperation includes 
 identifying any third party who may be liable for benefits 
 provided under this chapter to the applicant, recipient, or any 
 other family member for whom application is made, and providing 
 relevant information to assist the state in pursuing a 
 potentially liable third party. 

    HIST: 1989 c 282 art 5 s 101; 1990 c 568 art 3 s 90; 1995 c 
 207 art 5 s 11; art 6 s 107 

  256D.43 Repealed, 1989 c 282 art 5 s 133 

     256D.435 Income. 

    Subdivision 1.    Income.  For persons receiving 
 supplemental security income benefits, the countable income used 
 to determine eligibility and benefits for Minnesota supplemental 
 aid is the gross amount of the Federal Benefit Rate (FBR) after 
 allowing for the general income disregard in subdivision 5.  For 
 persons who have been denied a supplemental security income 
 benefit due to excess income, and have had their blindness or 
 disability determined through the state medical review team, the 
 countable income is the gross amount of earned and unearned 
 income, minus the exclusions and disregards listed in 
 subdivisions 4a, 5, and 6. 

    Subd. 2. Repealed, 1995 c 207 art 5 s 40 

    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 the 
 Minnesota family investment program and any other federally 
 funded benefits.  

    Subd. 4.    Allocation and deeming of income.  The 
 county agency shall apply the supplemental security income rules 
 regarding financial responsibility when determining the amount 
 of income to allocate or deem. 

    Subd. 4a.    Exclusions.  The income exclusions used to 
 determine eligibility for Minnesota supplemental aid are those 
 used to determine benefits for supplemental security income. 

    Subd. 5.    General income disregard.  The county agency 
 shall disregard the first $20 of the assistance unit's unearned 
 or earned income. 

    Subd. 6.    Earned income disregards.  The earned income 
 disregards used to determine eligibility for Minnesota 
 supplemental aid are those used to determine benefits for 
 supplemental security income.  

    Subd. 7. Repealed, 1995 c 207 art 5 s 40 

    Subd. 8. Repealed, 1995 c 207 art 5 s 40 

    Subd. 9. Repealed, 1995 c 207 art 5 s 40 

    Subd. 10. Repealed, 1995 c 207 art 5 s 40 

    HIST: 1989 c 282 art 5 s 102; 1990 c 568 art 4 s 84; 1995 c 
 207 art 5 s 12-17; 1997 c 85 art 3 s 48; 1999 c 159 s 64 

     256D.44 Standards of assistance. 

    Subdivision 1.    Use of standards; increases.  The 
 state standards of assistance for basic needs, plus special need 
 items establish the total amount of need for an applicant for or 
 recipient of Minnesota supplemental aid, used to determine the 
 assistance unit's eligibility for Minnesota supplemental aid.  
 The state standards of assistance for basic needs must increase 
 by an amount equal to the dollar value, rounded up to the 
 nearest dollar, of any cost of living increases in the 
 supplemental security income program. 

    Subd. 2.    Standard of assistance for persons eligible 
 for medical assistance waivers or at risk of placement in a 
 group residential housing facility.  The state standard of 
 assistance for a person who is eligible for a medical assistance 
 home and community-based services waiver or a person who has 
 been determined by the local agency to meet the plan 
 requirements for placement in a group residential housing 
 facility under section 256I.04, subdivision 1a, is the standard 
 established in subdivision 3, paragraph (a) or (b). 

    Subd. 3.    Standard of assistance for basic needs.  
 Except as provided in subdivision 4, the monthly state standard 
 of assistance for basic needs is as follows:  

    (a) If an applicant or recipient does not reside with 
 another person or persons, the state standard of assistance is 
 $519.  

    (b) If an applicant married couple or recipient married 
 couple who live together, does not reside with others, the state 
 standard of assistance is $778. 

    (c) If an applicant or recipient resides with another 
 person or persons, the state standard of assistance is $395. 

    (d) If an applicant married couple or recipient married 
 couple who live together, resides with others, the state 
 standard of assistance is $519. 

    (e) Married couples, living together who do not reside with 
 others and were receiving MSA prior to January 1, 1994, and 
 whose eligibility has not been terminated a full calendar month, 
 the state standard of assistance is $793. 

    (f) Married couples living together who reside with others 
 and were receiving MSA prior to January 1, 1994, and whose 
 eligibility has not been terminated a full calendar month, the 
 state standard of assistance is $782. 

    (g) For an individual who is a resident of a nursing home, 
 a regional treatment center or a group residential housing 
 facility, the state standard of assistance is the personal needs 
 allowance for medical assistance recipients under section 
 256B.35. 

    Subd. 4.    Temporary absence due to illness.  For the 
 purposes of this subdivision, "home" means a residence owned or 
 rented by a recipient or the recipient's spouse.  Home does not 
 include a group residential housing facility.  Assistance 
 payments for recipients who are temporarily absent from their 
 home due to hospitalization for illness must continue at the 
 same level of payment during their absence if the following 
 criteria are met:  

    (1) a physician certifies that the absence is not expected 
 to continue for more than three months; 

    (2) a physician certifies that the recipient will be able 
 to return to independent living; and 

    (3) the recipient has expenses associated with maintaining 
 a residence in the community.  

    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 Minnesota family 
 investment program 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. 

    Subd. 6.    County agency standards of assistance.  The 
 county agency may establish standards of assistance for basic 
 needs, special needs, and clothing and personal needs that 
 exceed the corresponding state standards of assistance.  State 
 aid is not available for costs above state standards.  

    Subd. 7. Repealed, 1995 c 207 art 5 s 40 

    HIST: 1989 c 282 art 5 s 103; 1990 c 568 art 4 s 84; 1991 c 
 292 art 7 s 21; 1Sp1993 c 1 art 8 s 5,6; 1994 c 465 art 1 s 31; 
 1995 c 207 art 5 s 18-23; 1995 c 263 s 4; 1997 c 85 art 3 s 49; 
 1999 c 159 s 65 

     256D.45 Payment period. 

    Subdivision 1.    Budgeting.  The payment period and 
 budgeting cycle for Minnesota supplemental aid are those of the 
 supplemental security income program. 

    Subd. 2.    Gross income test.  The county agency shall 
 apply a gross income test prospectively for each month of 
 program eligibility.  An assistance unit is ineligible when 
 nonexcluded income, before applying any disregards or 
 deductions, exceeds 300 percent of the supplemental security 
 income standard for an individual. 

    Subd. 3.    Amount of assistance.  The amount of 
 assistance is the difference between the recipient's net income 
 and the applicable standards of assistance in section 256D.44, 
 subdivisions 2 to 4, for persons living independently.  

    HIST: 1989 c 282 art 5 s 104; 1990 c 568 art 4 s 84; 1995 c 
 207 art 5 s 24 

     256D.46 Emergency Minnesota supplemental aid. 

    Subdivision 1.    Eligibility.  Emergency Minnesota 
 supplemental aid must be granted if the recipient is without 
 adequate resources to resolve an emergency that, if unresolved, 
 will threaten the health or safety of the recipient.  For the 
 purposes of this section, the term "recipient" includes persons 
 for whom a group residential housing benefit is being paid under 
 sections 256I.01 to 256I.06. 

    Subd. 2.    Income and resource test.  All income and 
 resources available to the recipient must be considered in 
 determining the recipient's ability to meet the emergency need.  
 Property that can be liquidated in time to resolve the emergency 
 and income, excluding an amount equal to the Minnesota 
 supplemental aid standard of assistance, that is normally 
 disregarded or excluded under the Minnesota supplemental aid 
 program must be considered available to meet the emergency need. 

    Subd. 3.    Payment amount.  The amount of assistance 
 granted under emergency Minnesota supplemental aid is limited to 
 the amount necessary to resolve the emergency.  

    HIST: 1989 c 282 art 5 s 105; 1995 c 207 art 5 s 25,26; 1998 c 
 407 art 6 s 17 

     256D.47 Payment methods. 

    Minnesota supplemental aid payments must be issued to the 
 recipient, a protective payee, or a conservator or guardian of 
 the recipient's estate in the form of county warrants 
 immediately redeemable in cash, electronic benefits transfer, or 
 by direct deposit into the recipient's account in a financial 
 institution.  Minnesota supplemental aid payments must be issued 
 regularly on the first day of the month.  The supplemental aid 
 warrants must be mailed only to the address at which the 
 recipient resides, unless another address has been approved in 
 advance by the county agency.  Vendor payments must not be 
 issued by the county agency except for nonrecurring emergency 
 need payments; at the request of the recipient; for special 
 needs, other than special diets; or when the agency determines 
 the need for protective payments exist.  

    HIST: 1989 c 282 art 5 s 106; 1990 c 568 art 4 s 84 

     256D.48 Protective payments. 

    Subdivision 1.    Need for protective payee.  The county 
 agency shall determine whether a recipient needs a protective 
 payee when a physical or mental condition renders the recipient 
 unable to manage funds and when payments to the recipient would 
 be contrary to the recipient's welfare.  Protective payments 
 must be issued when there is evidence of:  (1) repeated 
 inability to plan the use of income to meet necessary 
 expenditures; (2) repeated observation that the recipient is not 
 properly fed or clothed; (3) repeated failure to meet 
 obligations for rent, utilities, food, and other essentials; (4) 
 evictions or a repeated incurrence of debts; (5) lost or stolen 
 checks; or (6) use of emergency Minnesota supplemental aid more 
 than twice in a calendar year.  The determination of 
 representative payment by the Social Security Administration for 
 the recipient is sufficient reason for protective payment of 
 Minnesota supplemental aid payments.  

    Subd. 2.    Establishing protective payment.  When the 
 county agency determines that a recipient needs a protective 
 payee, the county agency shall appoint a payee according to the 
 procedures in paragraphs (a) and (b). 

    (a) The county agency shall consider the recipient's 
 preference of protective payee.  The protective payee must have 
 an interest in or concern for the welfare of the recipient.  The 
 protective payee must be capable of and willing to provide the 
 required assistance.  A vendor of goods or services, including 
 the recipient's landlord, shall not serve as protective payee.  

    (b) The county agency shall reconsider the need for a 
 protective payee at least annually.  The criteria used to 
 determine a person's continuing need for a protective payee are 
 the criteria used in the supplemental security income program to 
 determine if a person is incapable of managing or directing the 
 management of the person's money.  If the need for protective 
 payment is likely to continue beyond two years, the county 
 agency shall seek judicial appointment of a guardian or other 
 legal representative.  

    Subd. 3.    Protective payee for payments made by the 
 Social Security Administration.  If the assistance unit 
 receives benefits from the Social Security Administration, the 
 county agency shall also petition the Social Security 
 Administration to establish a representative payee for those 
 benefits. 

    HIST: 1989 c 282 art 5 s 107; 1995 c 207 art 5 s 27 

     256D.49 Payment correction. 

    Subdivision 1.    When.  When the county agency finds 
 that the recipient has received less than or more than the 
 correct payment of Minnesota supplemental aid benefits, the 
 county agency shall issue a corrective payment or initiate 
 recovery under subdivision 3, as appropriate.  

    Subd. 2.    Underpayment of monthly grants.  When the 
 county agency determines that an underpayment of the recipient's 
 monthly payment has occurred, it shall, during that same month, 
 issue a corrective payment.  Corrective payments must be 
 excluded when determining the applicant's or recipient's income 
 and resources for the month of payment.  

    Subd. 3.    Overpayment of monthly grants and recovery of 
 ATM errors.  When the county agency determines that an 
 overpayment of the recipient's monthly payment of Minnesota 
 supplemental aid has occurred, it shall issue a notice of 
 overpayment to the recipient.  If the person is no longer 
 receiving Minnesota supplemental aid, the county agency may 
 request voluntary repayment or pursue civil recovery.  If the 
 person is receiving Minnesota supplemental aid, the county 
 agency shall recover the overpayment by withholding an amount 
 equal to three percent of the standard of assistance for the 
 recipient or the total amount of the monthly grant, whichever is 
 less.  For recipients receiving benefits via electronic benefit 
 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.  Residents of nursing homes, 
 regional treatment centers, and facilities with negotiated rates 
 shall not have overpayments recovered from their personal needs 
 allowance. 

    HIST: 1989 c 282 art 5 s 108; 1996 c 465 art 3 s 39 

     256D.50 Notice. 

    Subdivision 1.    Ten-day notice.  The county agency 
 shall give recipients ten days' advance notice when the agency 
 intends to terminate, suspend, or reduce a grant.  The ten-day 
 notice must be in writing on a form prescribed by the 
 commissioner.  The notice must be mailed or given to the 
 recipient not later than ten days before the effective date of 
 the action.  The notice must clearly state the action the county 
 agency intends to take, the reasons for the action, the right to 
 appeal the action, and the conditions under which assistance can 
 be continued while an appeal is pending.  

    Subd. 2.    Five-day notice.  Five days' advance notice 
 is sufficient when the county agency has verified and documented 
 that the case facts require termination, suspension, or 
 reduction of the grant for probable fraud by a recipient.  If 
 the last day of the five-day period falls on a weekend or 
 holiday, the effective date of the action is the next working 
 day.  

    Subd. 3.    Adequate notice.  Notice must be given no 
 later than the effective date of the action when:  (1) the 
 county agency has factual information confirming the death of a 
 person included in the grant; (2) the county agency receives a 
 clear written statement, signed by a recipient, that the 
 recipient no longer wishes assistance; (3) the county agency 
 receives a clear statement, signed by a recipient, reporting 
 information that the recipient acknowledges will require 
 termination of or a reduction in the grant; (4) a recipient has 
 been placed in a skilled nursing home, intermediate care, or a 
 long-term hospitalization facility; (5) a recipient has been 
 admitted to or committed to an institution; or (6) a recipient's 
 whereabouts are unknown and the county agency mail to the 
 recipient has been returned by the post office showing no 
 forwarding address.  

    HIST: 1989 c 282 art 5 s 109 

     256D.51 Appeals. 

    Subdivision 1.    Right to appeal.  Applicants and 
 recipients may appeal under section 256.045 if they are 
 aggrieved by an action or by inaction of the county agency.  

    Subd. 2.    Continuation of payment pending appeal 
 decision.  When assistance is reduced, suspended, or 
 terminated, the client has the right to choose to have the grant 
 continued while an appeal is pending if the appellant files the 
 appeal within ten days after the date the notice is mailed or 
 before the effective date of the proposed action, whichever is 
 later.  

    HIST: 1989 c 282 art 5 s 110 

     256D.52 Fraud. 

    A person who obtains or tries to obtain, or aids or abets 
 any person in obtaining assistance to which the person is not 
 entitled by a willfully false statement or representation, or by 
 the intentional withholding or concealment of a material fact, 
 or by impersonation, or other fraudulent device, violates 
 section 256.98 and is subject to both the criminal and civil 
 penalties in that section.  

    HIST: 1989 c 282 art 5 s 111 

     256D.53 Duties of the commissioner. 

    In addition to other duties imposed by law, the 
 commissioner shall: 

    (1) supervise the administration of Minnesota supplemental 
 aid by county agencies as provided in sections 256D.33 to 
 256D.54; 

    (2) adopt permanent rules consistent with law for carrying 
 out and enforcing the provisions of sections 256D.33 to 256D.54, 
 so that Minnesota supplemental aid may be administered as 
 uniformly as possible throughout the state; 

    (3) immediately upon adoption, give rules to all county 
 agencies and other interested persons; 

    (4) establish necessary administrative and fiscal 
 procedures; and 

    (5) allocate money appropriated for Minnesota supplemental 
 aid to county agencies. 

    HIST: 1989 c 282 art 5 s 112 

     256D.54 Application for other benefits. 

    Subdivision 1.    Potential eligibility.  An applicant 
 or recipient who is otherwise eligible for supplemental aid and 
 who is potentially eligible for maintenance benefits from any 
 other source shall (1) apply for those benefits within 30 days 
 of the county's determination of potential eligibility for those 
 benefits; and (2) execute an interim assistance authorization 
 agreement on a form as directed by the commissioner.  

    Subd. 2.    Recovery of supplemental aid under an interim 
 assistance agreement.  If a recipient is eligible for benefits 
 from other sources, and receives a payment from another source 
 for a period during which supplemental aid was also issued, the 
 recipient shall reimburse the county agency for the interim 
 assistance paid.  Reimbursement shall not exceed the amount of 
 supplemental aid paid during the time period to which the other 
 maintenance benefits apply.  Reimbursement shall not exceed the 
 state standard that applies to that time period.  Reimbursement 
 may be sought directly from the other source of maintenance 
 income but remains the primary obligation of the recipient when 
 an interim assistance agreement has been executed.  

    Subd. 3.    Interim assistance advocacy incentive program. 
  From the amount recovered under an interim assistance 
 agreement, county agencies may retain 25 percent plus actual 
 reasonable fees, costs, and disbursements of appeals, 
 litigation, and advocacy assistance given to the recipient for 
 the recipient's claim for supplemental security income.  The 
 money kept under this section is from the state share of the 
 recovery.  The commissioner or the county agency may contract 
 with qualified persons to provide the special assistance.  The 
 methods by which a county agency identifies, refers, and assists 
 recipients who may be eligible for benefits under federal 
 programs for the aged, blind, or disabled are those methods used 
 by the general assistance interim assistance advocacy incentive 
 program. 

    HIST: 1989 c 282 art 5 s 113; 1992 c 513 art 8 s 25