2000 Minnesota Statutes

     256B.35 Personal allowance, persons in skilled nursing 
  homes or intermediate care facilities. 

    Subdivision 1.    Personal needs allowance.  (a) 
 Notwithstanding any law to the contrary, welfare allowances for 
 clothing and personal needs for individuals receiving medical 
 assistance while residing in any skilled nursing home, 
 intermediate care facility, or medical institution including 
 recipients of supplemental security income, in this state shall 
 not be less than $45 per month from all sources.  When benefit 
 amounts for social security or supplemental security income 
 recipients are increased pursuant to United States Code, title 
 42, sections 415(i) and 1382f, the commissioner shall, effective 
 in the month in which the increase takes effect, increase by the 
 same percentage to the nearest whole dollar the clothing and 
 personal needs allowance for individuals receiving medical 
 assistance while residing in any skilled nursing home, medical 
 institution, or intermediate care facility.  The commissioner 
 shall provide timely notice to local agencies, providers, and 
 recipients of increases under this provision. 

    (b) The personal needs allowance may be paid as part of the 
 Minnesota supplemental aid program, notwithstanding the 
 provisions of section 256D.37, subdivision 2, and payments to 
 recipients of Minnesota supplemental aid may be made once each 
 three months covering liabilities that accrued during the 
 preceding three months. 

    (c) The personal needs allowance shall be increased to 
 include income garnished for child support under a court order, 
 up to a maximum of $250 per month but only to the extent that 
 the amount garnished is not deducted as a monthly allowance for 
 children under section 256B.0575, paragraph (a), clause (5). 

    Subd. 2.  Neither the skilled nursing home, the 
 intermediate care facility, the medical institution, nor the 
 department of human services shall withhold or deduct any amount 
 of this allowance for any purpose contrary to this section. 

    Subd. 3.  The nursing home may not commingle the patient's 
 funds with nursing home funds or in any way use the funds for 
 nursing home purposes. 

    Subd. 4.  The commissioner of human services shall conduct 
 field audits at the same time as cost report audits required 
 under section 256B.27, subdivision 2a, and at any other time but 
 at least once every four years, without notice, to determine 
 whether this section was complied with and that the funds 
 provided residents for their personal needs were actually 
 expended for that purpose. 

    Subd. 5.  The nursing home may transfer the personal 
 allowance to someone other than the recipient only when the 
 recipient or the recipient's guardian or conservator designates 
 that person in writing to receive or expend funds on behalf of 
 the recipient and that person certifies in writing that the 
 allowance is spent for the well-being of the recipient.  
 Persons, other than the recipient, in possession of the personal 
 allowance, may use the allowance only for the well-being of the 
 recipient.  Any person, other than the recipient, who, with 
 intent to defraud, uses the personal needs allowance for 
 purposes other than the well-being of the recipient shall be 
 guilty of theft and shall be sentenced pursuant to section 
 609.52, subdivision 3, clauses (2), (3)(a) and (c), (4), and 
 (5).  To prosecute under this subdivision, the attorney general 
 or the appropriate county attorney, acting independently or at 
 the direction of the attorney general, may institute a criminal 
 action.  A nursing home that transfers personal needs allowance 
 funds to a person other than the recipient in good faith and in 
 compliance with this section shall not be held liable under this 
 subdivision.  

    Subd. 6.  In addition to the remedies otherwise provided by 
 law, any person injured by a violation of any of the provisions 
 of this section, may bring a civil action and recover damages, 
 together with costs and disbursements, including costs of 
 investigation and reasonable attorney's fees, and receive other 
 equitable relief as determined by the court.  

    HIST: 1974 c 575 s 15; 1977 c 271 s 1,2; 1980 c 563 s 1; 1982 
 c 476 s 2; 1984 c 534 s 25; 1984 c 654 art 5 s 58; 1986 c 444; 
 1987 c 254 s 7; 1987 c 403 art 2 s 86,87; 1988 c 689 art 2 s 
 153; 1990 c 566 s 7; 1996 c 451 art 2 s 31