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Minnesota Legislature

Office of the Revisor of Statutes

256.019 RECOVERY OF MONEY; APPORTIONMENT.
    Subdivision 1. Retention rates. When an assistance recovery amount is collected and posted
by a county agency under the provisions governing public assistance programs including general
assistance medical care, general assistance, and Minnesota supplemental aid, the county may keep
one-half of the recovery made by the county agency using any method other than recoupment.
For medical assistance, if the recovery is made by a county agency using any method other
than recoupment, the county may keep one-half of the nonfederal share of the recovery. For
MinnesotaCare, if the recovery is collected and posted by the county agency, the county may keep
one-half of the nonfederal share of the recovery.
This does not apply to recoveries from medical providers or to recoveries begun by the
Department of Human Services' Surveillance and Utilization Review Division, State Hospital
Collections Unit, and the Benefit Recoveries Division or, by the attorney general's office, or child
support collections. In the food stamp or food support program, the nonfederal share of recoveries
in the federal tax offset program only will be divided equally between the state agency and
the involved county agency.
    Subd. 2. Retention rates for AFDC and MFIP. (a) When an assistance recovery amount
is collected and posted by a county agency under the provisions governing the aid to families
with dependent children program formerly codified in 1996 in sections 256.72 to 256.87 or MFIP
under chapter 256J, the commissioner shall reimburse the county agency from the proceeds of the
recovery using the applicable rate specified in paragraph (b) or (c).
(b) For recoveries of overpayments made on or before September 30, 1996, from the aid
to families with dependent children program including the emergency assistance program, the
commissioner shall reimburse the county agency at a rate of one-quarter of the recovery made by
any method other than recoupment.
(c) For recoveries of overpayments made after September 30, 1996, from the aid to families
with dependent children including the emergency assistance program and programs funded in
whole or in part by the temporary assistance to needy families program under section 256J.02,
subdivision 2
, and recoveries of nonfederally funded food assistance under section 256J.11, the
commissioner shall reimburse the county agency at a rate of one-quarter of the recovery made by
any method other than recoupment.
History: 1988 c 719 art 8 s 29; 1993 c 306 s 2; 1997 c 85 art 5 s 4; 1999 c 159 s 38; 2000 c
488 art 10 s 3; 1Sp2003 c 14 art 1 s 106; 1Sp2005 c 4 art 8 s 7