2008 Minnesota Statutes
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Chapter 256L
Section 256L.05
Recent History
- 2023 Subd. 1 Revisor Instruction 2023 c 55 art 9 s 19
- 2021 Subd. 3a Amended 2021 c 30 art 1 s 21
- 2016 Subd. 3a Amended 2016 c 189 art 19 s 25
- 2015 Subd. 1b Repealed 2015 c 71 art 11 s 65
- 2015 Subd. 1c Repealed 2015 c 71 art 11 s 65
- 2015 Subd. 2a New 2015 c 71 art 11 s 51
- 2015 Subd. 3 Amended 2015 c 71 art 11 s 52
- 2015 Subd. 3a Amended 2015 c 71 art 11 s 53
- 2015 Subd. 3c Repealed 2015 c 71 art 11 s 65
- 2015 Subd. 4 Amended 2015 c 71 art 11 s 54
- 2015 Subd. 5 Repealed 2015 c 71 art 11 s 65
- 2013 Subd. 1 Amended 2013 c 108 art 1 s 49
- 2013 Subd. 2 Amended 2013 c 108 art 1 s 50
- 2013 Subd. 3 Amended 2013 c 108 art 1 s 51
- 2013 Subd. 3b Repealed 2013 c 108 art 1 s 68
- 2013 Subd. 3c Amended 2013 c 108 art 1 s 52
- 2012 Subd. 3 Amended 2012 c 216 art 13 s 17
- 2011 Subd. 3a Amended 2011 c 9 art 6 s 76
- 2011 Subd. 6 New 2011 c 9 art 6 s 77
- 2010 Subd. 1b Amended 2010 c 200 art 1 s 13
- 2010 Subd. 3 Amended 2010 c 200 art 1 s 14
- 2010 Subd. 3a Amended 2010 c 200 art 1 s 15
- 2010 Subd. 3c Amended 2010 c 200 art 1 s 16
- 2009 Subd. 1 Amended 2009 c 79 art 5 s 59
- 2009 Subd. 1c Amended 2009 c 173 art 1 s 37
- 2009 Subd. 1c New 2009 c 79 art 5 s 60
- 2009 Subd. 3 Amended 2009 c 79 art 5 s 61
- 2009 Subd. 3a Amended 2009 c 79 art 5 s 62
- 2008 Subd. 3a Amended 2008 c 358 art 3 s 8
- 2007 Subd. 1 Amended 2007 c 147 art 5 s 24
- 2007 Subd. 1b Amended 2007 c 147 art 5 s 25
- 2007 Subd. 2 Amended 2007 c 147 art 5 s 26
- 2007 Subd. 3a Amended 2007 c 147 art 5 s 27
- 2005 Subd. 1b New 2005 c 4 art 8 s 64
- 2005 Subd. 2 Amended 2005 c 4 art 8 s 65
- 2005 Subd. 3 Amended 2005 c 4 art 8 s 66
- 2005 Subd. 3a Amended 2005 c 4 art 8 s 67
- 2003 Subd. 3a Amended 2003 c 14 art 12 s 75
- 2003 Subd. 4 Amended 2003 c 14 art 12 s 76
- 2002 Subd. 3 Amended 2002 c 277 s 28
- 2001 Subd. 2 Amended 2001 c 9 art 2 s 61
- 2000 Subd. 5 Amended 2000 c 488 art 9 s 27
- 1999 Subd. 3c New 1999 c 245 art 4 s 95
- 1999 Subd. 4 Amended 1999 c 245 art 4 s 96
- 1998 Subd. 1a New 1998 c 407 art 5 s 26
- 1998 Subd. 2 Amended 1998 c 407 art 5 s 27
- 1998 Subd. 3 Amended 1998 c 407 art 5 s 28
- 1998 Subd. 3a New 1998 c 407 art 5 s 29
- 1998 Subd. 3b New 1998 c 407 art 5 s 30
- 1998 Subd. 4 Amended 1998 c 407 art 5 s 31
256L.05 APPLICATION PROCEDURES.
Subdivision 1.Application and information availability.
Applications and application assistance must be made available at provider offices, local human services agencies, school districts, public and private elementary schools in which 25 percent or more of the students receive free or reduced price lunches, community health offices, Women, Infants and Children (WIC) program sites, Head Start program sites, public housing councils, crisis nurseries, child care centers, early childhood education and preschool program sites, legal aid offices, and libraries. These sites may accept applications and forward the forms to the commissioner or local county human services agencies that choose to participate as an enrollment site. Otherwise, applicants may apply directly to the commissioner or to participating local county human services agencies.
Subd. 1a.Person authorized to apply on applicant's behalf.
Beginning January 1, 1999, a family member who is age 18 or over or who is an authorized representative, as defined in the medical assistance program, may apply on an applicant's behalf.
Subd. 1b.MinnesotaCare enrollment by county agencies.
Beginning September 1, 2006, county agencies shall enroll single adults and households with no children formerly enrolled in general assistance medical care in MinnesotaCare according to section 256D.03, subdivision 3. County agencies shall perform all duties necessary to administer the MinnesotaCare program ongoing for these enrollees, including the redetermination of MinnesotaCare eligibility at renewal.
Subd. 2.Commissioner's duties.
The commissioner or county agency shall use electronic verification as the primary method of income verification. If there is a discrepancy between reported income and electronically verified income, an individual may be required to submit additional verification. In addition, the commissioner shall perform random audits to verify reported income and eligibility. The commissioner may execute data sharing arrangements with the Department of Revenue and any other governmental agency in order to perform income verification related to eligibility and premium payment under the MinnesotaCare program.
Subd. 3.Effective date of coverage.
(a) The effective date of coverage is the first day of the month following the month in which eligibility is approved and the first premium payment has been received. As provided in section 256B.057, coverage for newborns is automatic from the date of birth and must be coordinated with other health coverage. The effective date of coverage for eligible newly adoptive children added to a family receiving covered health services is the month of placement. The effective date of coverage for other new members added to the family is the first day of the month following the month in which the change is reported. All eligibility criteria must be met by the family at the time the new family member is added. The income of the new family member is included with the family's gross income and the adjusted premium begins in the month the new family member is added.
(b) The initial premium must be received by the last working day of the month for coverage to begin the first day of the following month.
(c) Benefits are not available until the day following discharge if an enrollee is hospitalized on the first day of coverage.
(d) Notwithstanding any other law to the contrary, benefits under sections 256L.01 to 256L.18 are secondary to a plan of insurance or benefit program under which an eligible person may have coverage and the commissioner shall use cost avoidance techniques to ensure coordination of any other health coverage for eligible persons. The commissioner shall identify eligible persons who may have coverage or benefits under other plans of insurance or who become eligible for medical assistance.
(e) The effective date of coverage for single adults and households with no children formerly enrolled in general assistance medical care and enrolled in MinnesotaCare according to section 256D.03, subdivision 3, is the first day of the month following the last day of general assistance medical care coverage.
Subd. 3a.Renewal of eligibility.
(a) Beginning July 1, 2007, an enrollee's eligibility must be renewed every 12 months. The 12-month period begins in the month after the month the application is approved.
(b) Each new period of eligibility must take into account any changes in circumstances that impact eligibility and premium amount. An enrollee must provide all the information needed to redetermine eligibility by the first day of the month that ends the eligibility period. If there is no change in circumstances, the enrollee may renew eligibility at designated locations that include community clinics and health care providers' offices. The designated sites shall forward the renewal forms to the commissioner. The commissioner may establish criteria and timelines for sites to forward applications to the commissioner or county agencies. The premium for the new period of eligibility must be received as provided in section 256L.06 in order for eligibility to continue.
(c) For single adults and households with no children formerly enrolled in general assistance medical care and enrolled in MinnesotaCare according to section 256D.03, subdivision 3, the first period of eligibility begins the month the enrollee submitted the application or renewal for general assistance medical care.
(d) An enrollee who fails to submit renewal forms and related documentation necessary for verification of continued eligibility in a timely manner shall remain eligible for one additional month beyond the end of the current eligibility period before being disenrolled. The enrollee remains responsible for MinnesotaCare premiums for the additional month.
Subd. 3b.Reapplication.
Beginning January 1, 1999, families and individuals must reapply after a lapse in coverage of one calendar month or more and must meet all eligibility criteria.
Subd. 3c.Retroactive coverage.
Notwithstanding subdivision 3, the effective date of coverage shall be the first day of the month following termination from medical assistance or general assistance medical care for families and individuals who are eligible for MinnesotaCare and who submitted a written request for retroactive MinnesotaCare coverage with a completed application within 30 days of the mailing of notification of termination from medical assistance or general assistance medical care. The applicant must provide all required verifications within 30 days of the written request for verification. For retroactive coverage, premiums must be paid in full for any retroactive month, current month, and next month within 30 days of the premium billing.
Subd. 4.Application processing.
The commissioner of human services shall determine an applicant's eligibility for MinnesotaCare no more than 30 days from the date that the application is received by the Department of Human Services. Beginning January 1, 2000, this requirement also applies to local county human services agencies that determine eligibility for MinnesotaCare.
Subd. 5.Availability of private insurance.
The commissioner, in consultation with the commissioners of health and commerce, shall provide information regarding the availability of private health insurance coverage and the possibility of disenrollment under section 256L.07, subdivision 1, paragraphs (b) and (c), to all: (1) families enrolled in the MinnesotaCare program whose gross family income is equal to or more than 225 percent of the federal poverty guidelines; and (2) single adults and households without children enrolled in the MinnesotaCare program whose gross family income is equal to or more than 165 percent of the federal poverty guidelines. This information must be provided upon initial enrollment and annually thereafter. The commissioner shall also include information regarding the availability of private health insurance coverage in the notice of ineligibility provided to persons subject to disenrollment under section 256L.07, subdivision 1, paragraphs (b) and (c).
History:
1986 c 444; 1987 c 403 art 2 s 63; 1988 c 689 art 2 s 137; 1992 c 549 art 4 s 6,19; 1993 c 247 art 4 s 6; 1994 c 625 art 8 s 72; art 13 s 3; 1995 c 234 art 6 s 10; 1996 c 451 art 5 s 10; 1997 c 225 art 1 s 9-11; 1997 c 251 s 26; 1998 c 407 art 5 s 26-31; 1999 c 245 art 4 s 95,96; 2000 c 488 art 9 s 27; 1Sp2001 c 9 art 2 s 61; 2002 c 277 s 28; 2002 c 379 art 1 s 113; 1Sp2003 c 14 art 12 s 75,76; 1Sp2005 c 4 art 8 s 64-67; 2007 c 147 art 5 s 24-27; 2008 c 358 art 3 s 8
NOTE: The amendments to subdivisions 3, paragraph (a), and 3a, paragraph (b), by Laws 2005, First Special Session chapter 4, article 8, sections 66 and 67, are effective August 1, 2007, or upon HealthMatch implementation, whichever is later. Laws 2005, First Special Session chapter 4, article 8, sections 66 and 67, the effective dates.
NOTE: The amendment to subdivision 3a by Laws 2007, chapter 147, article 5, section 27, is effective July 1, 2007, or upon federal approval, whichever is later. Laws 2007, chapter 147, article 5, section 27, the effective date.
NOTE: The amendment to subdivision 3a by Laws 2008, chapter 358, article 3, section 8, is effective January 1, 2009, or upon federal approval, whichever is later. The commissioner shall notify the revisor of statutes when federal approval is obtained. Laws 2008, chapter 358, article 3, section 8, the effective date.
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