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254B.04 ELIGIBILITY FOR CHEMICAL DEPENDENCY FUND SERVICES.
    Subdivision 1. Eligibility. (a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, persons eligible for medical assistance benefits under sections
256B.055, 256B.056, and 256B.057, subdivisions 1, 2, 5, and 6, or who meet the income standards
of section 256B.056, subdivision 4, and persons eligible for general assistance medical care under
section 256D.03, subdivision 3, are entitled to chemical dependency fund services. State money
appropriated for this paragraph must be placed in a separate account established for this purpose.
Persons with dependent children who are determined to be in need of chemical dependency
treatment pursuant to an assessment under section 626.556, subdivision 10, or a case plan under
section 260C.201, subdivision 6, or 260C.212, shall be assisted by the local agency to access
needed treatment services. Treatment services must be appropriate for the individual or family,
which may include long-term care treatment or treatment in a facility that allows the dependent
children to stay in the treatment facility. The county shall pay for out-of-home placement costs, if
applicable.
(b) A person not entitled to services under paragraph (a), but with family income that is less
than 215 percent of the federal poverty guidelines for the applicable family size, shall be eligible
to receive chemical dependency fund services within the limit of funds appropriated for this group
for the fiscal year. If notified by the state agency of limited funds, a county must give preferential
treatment to persons with dependent children who are in need of chemical dependency treatment
pursuant to an assessment under section 626.556, subdivision 10, or a case plan under section
260C.201, subdivision 6, or 260C.212. A county may spend money from its own sources to serve
persons under this paragraph. State money appropriated for this paragraph must be placed in a
separate account established for this purpose.
(c) Persons whose income is between 215 percent and 412 percent of the federal poverty
guidelines for the applicable family size shall be eligible for chemical dependency services on a
sliding fee basis, within the limit of funds appropriated for this group for the fiscal year. Persons
eligible under this paragraph must contribute to the cost of services according to the sliding
fee scale established under subdivision 3. A county may spend money from its own sources to
provide services to persons under this paragraph. State money appropriated for this paragraph
must be placed in a separate account established for this purpose.
    Subd. 2.[Repealed, 1989 c 155 s 5]
    Subd. 3. Amount of contribution. The commissioner shall adopt a sliding fee scale to
determine the amount of contribution to be required from persons under this section. The
commissioner may adopt rules to amend existing fee scales. The commissioner may establish
a separate fee scale for recipients of chemical dependency transitional and extended care
rehabilitation services that provides for the collection of fees for board and lodging expenses.
The fee schedule shall ensure that employed persons are allowed the income disregards and
savings accounts that are allowed residents of community mental illness facilities under section
256D.06, subdivisions 1 and 1b. The fee scale must not provide assistance to persons whose
income is more than 115 percent of the state median income. Payments of liabilities under this
section are medical expenses for purposes of determining spenddown under sections 256B.055,
256B.056, 256B.06, and 256D.01 to 256D.21. The required amount of contribution established
by the fee scale in this subdivision is also the cost of care responsibility subject to collection
under section 254B.06, subdivision 1.
History: 1986 c 394 s 11; 1987 c 299 s 13; 1988 c 689 art 2 s 268; 1989 c 282 art 2 s 106;
1990 c 568 art 2 s 59; 1991 c 292 art 4 s 14; 1992 c 513 art 9 s 24; 1994 c 529 s 5; 1997 c 203 art
4 s 7; 1999 c 139 art 4 s 2; 1999 c 245 art 8 s 4; 1Sp2001 c 9 art 3 s 6; 2002 c 379 art 1 s 113