1997 Minnesota Statutes

     256L.13 Eligibility for MinnesotaCare for families and 
  children under the MinnesotaCare health care reform waiver. 

    Subdivision 1.    Families with children; in general.  
 Families with children with family income equal to or less than 
 275 percent of the federal poverty guidelines for the applicable 
 family size shall be determined eligible for MinnesotaCare 
 according to this section, and section 256L.04, subdivisions 3 
 to 6, shall no longer apply.  All other provisions of sections 
 256L.01 to 256L.12, including the insurance-related barriers to 
 enrollment under section 256L.07, shall apply unless otherwise 
 specified in sections 256L.13 to 256L.16.  

    Subd. 2.    Children.  For purposes of sections 256L.13 
 to 256L.16, a "child" is an individual under 21 years of age, 
 including the unborn child of a pregnant woman, and including an 
 emancipated minor, and the emancipated minor's spouse.  

    Subd. 3.    Families with children.  For purposes of 
 sections 256L.13 to 256L.16, a "family with children" means a 
 parent or parents and their children, or legal guardians and 
 their wards who are children, and dependent siblings, residing 
 in the same household.  The term includes children and dependent 
 siblings who are temporarily absent from the household in 
 settings such as schools, camps, or visitation with noncustodial 
 parents.  For purposes of this section, a "dependent sibling" 
 means an unmarried child who is a full-time student under the 
 age of 25 years who is financially dependent upon a parent.  
 Proof of school enrollment will be required. 

    Subd. 4.    Children in families with income at or less 
 than 150 percent of federal poverty guidelines.  Children who 
 have gross family incomes that are equal to or less than 150 
 percent of the federal poverty guidelines and who are not 
 otherwise insured for the covered services, are eligible for 
 enrollment under sections 256L.13 to 256L.16.  For the purposes 
 of this section, "not otherwise insured for covered services" 
 has the meaning given in Minnesota Rules, part 9506.0020, 
 subpart 3, item B.  

    Subd. 5.    Residency.  Families and children who are 
 otherwise eligible for enrollment under this section are exempt 
 from the Minnesota residency requirements of section 256L.09, if 
 they meet the residency requirements of the medical assistance 
 program according to chapter 256B.  

    Subd. 6.    Cooperation with medical assistance.  
 Pregnant women and children applying for MinnesotaCare under 
 this section are not required to apply for the medical 
 assistance program as a condition of enrollment.  Other adults 
 enrolled in MinnesotaCare determined by the commissioner to have 
 a basis of eligibility for medical assistance must cooperate in 
 completing an application for medical assistance by the last day 
 of the third month following admission to an inpatient 
 hospital.  If an enrollee fails to complete an application for 
 medical assistance within this time period, the enrollee shall 
 be disenrolled and may not reenroll. 

    Subd. 7.    Cooperation in establishing paternity and 
 other medical support.  Families and children enrolled in the 
 MinnesotaCare program must cooperate with the department of 
 human services and the local agency in establishing paternity of 
 an enrolled child and in obtaining medical care support and 
 payments for the child and any other person for whom the person 
 can legally assign rights, in accordance with applicable laws 
 and rules governing the medical assistance program.  A child 
 shall not be ineligible for or disenrolled from the 
 MinnesotaCare program solely because of the child's parent or 
 caretaker's failure to cooperate in establishing paternity or 
 obtaining medical support. 

    HIST: 1995 c 234 art 6 s 18