2007 Minnesota Statutes

256D.44 STANDARDS OF ASSISTANCE.
    Subdivision 1. Use of standards; increases. The state standards of assistance for basic
needs, plus special need items establish the total amount of need for an applicant for or recipient
of Minnesota supplemental aid, used to determine the assistance unit's eligibility for Minnesota
supplemental aid. The state standards of assistance for basic needs must increase by an amount
equal to the dollar value, rounded up to the nearest dollar, of any cost of living increases in
the supplemental security income program.
    Subd. 2. Standard of assistance for persons eligible for medical assistance waivers or at
risk of placement in a group residential housing facility. The state standard of assistance for a
person who is eligible for a medical assistance home and community-based services waiver or a
person who has been determined by the local agency to meet the plan requirements for placement
in a group residential housing facility under section 256I.04, subdivision 1a, is the standard
established in subdivision 3, paragraph (a) or (b).
    Subd. 3. Standard of assistance for basic needs. Except as provided in subdivision 4, the
monthly state standard of assistance for basic needs is as follows:
(a) If an applicant or recipient does not reside with another person or persons, the state
standard of assistance is $519.
(b) If an applicant married couple or recipient married couple who live together, does not
reside with others, the state standard of assistance is $778.
(c) If an applicant or recipient resides with another person or persons, the state standard
of assistance is $395.
(d) If an applicant married couple or recipient married couple who live together, resides with
others, the state standard of assistance is $519.
(e) Married couples, living together who do not reside with others and were receiving MSA
prior to January 1, 1994, and whose eligibility has not been terminated a full calendar month, the
state standard of assistance is $793.
(f) Married couples living together who reside with others and were receiving MSA prior
to January 1, 1994, and whose eligibility has not been terminated a full calendar month, the
state standard of assistance is $782.
(g) For an individual who is a resident of a nursing home, a regional treatment center or a
group residential housing facility, the state standard of assistance is the personal needs allowance
for medical assistance recipients under section 256B.35.
    Subd. 4. Temporary absence due to illness. For the purposes of this subdivision, "home"
means a residence owned or rented by a recipient or the recipient's spouse. Home does not include
a group residential housing facility. Assistance payments for recipients who are temporarily
absent from their home due to hospitalization for illness must continue at the same level of
payment during their absence if the following criteria are met:
(1) a physician certifies that the absence is not expected to continue for more than three
months;
(2) a physician certifies that the recipient will be able to return to independent living; and
(3) the recipient has expenses associated with maintaining a residence in the community.
    Subd. 5. Special needs. In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment center,
or a group residential housing facility.
(a) The county agency shall pay a monthly allowance for medically prescribed diets if the
cost of those additional dietary needs cannot be met through some other maintenance benefit.
The need for special diets or dietary items must be prescribed by a licensed physician. Costs for
special diets shall be determined as percentages of the allotment for a one-person household under
the thrifty food plan as defined by the United States Department of Agriculture. The types of diets
and the percentages of the thrifty food plan that are covered are as follows:
(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
of thrifty food plan;
(3) controlled protein diet, less than 40 grams and requires special products, 125 percent
of thrifty food plan;
(4) low cholesterol diet, 25 percent of thrifty food plan;
(5) high residue diet, 20 percent of thrifty food plan;
(6) pregnancy and lactation diet, 35 percent of thrifty food plan;
(7) gluten-free diet, 25 percent of thrifty food plan;
(8) lactose-free diet, 25 percent of thrifty food plan;
(9) antidumping diet, 15 percent of thrifty food plan;
(10) hypoglycemic diet, 15 percent of thrifty food plan; or
(11) ketogenic diet, 25 percent of thrifty food plan.
(b) Payment for nonrecurring special needs must be allowed for necessary home repairs
or necessary repairs or replacement of household furniture and appliances using the payment
standard of the AFDC program in effect on July 16, 1996, for these expenses, as long as other
funding sources are not available.
(c) A fee for guardian or conservator service is allowed at a reasonable rate negotiated by the
county or approved by the court. This rate shall not exceed five percent of the assistance unit's
gross monthly income up to a maximum of $100 per month. If the guardian or conservator is a
member of the county agency staff, no fee is allowed.
(d) The county agency shall continue to pay a monthly allowance of $68 for restaurant
meals for a person who was receiving a restaurant meal allowance on June 1, 1990, and who
eats two or more meals in a restaurant daily. The allowance must continue until the person
has not received Minnesota supplemental aid for one full calendar month or until the person's
living arrangement changes and the person no longer meets the criteria for the restaurant meal
allowance, whichever occurs first.
(e) A fee of ten percent of the recipient's gross income or $25, whichever is less, is allowed
for representative payee services provided by an agency that meets the requirements under SSI
regulations to charge a fee for representative payee services. This special need is available to all
recipients of Minnesota supplemental aid regardless of their living arrangement.
(f) Notwithstanding the language in this subdivision, an amount equal to the maximum
allotment authorized by the federal Food Stamp Program for a single individual which is in
effect on the first day of January of the previous year will be added to the standards of assistance
established in subdivisions 1 to 4 for individuals under the age of 65 who are relocating from
an institution, or an adult mental health residential treatment program under section 256B.0622,
and who are shelter needy. An eligible individual who receives this benefit prior to age 65 may
continue to receive the benefit after the age of 65.
"Shelter needy" means that the assistance unit incurs monthly shelter costs that exceed 40
percent of the assistance unit's gross income before the application of this special needs standard.
"Gross income" for the purposes of this section is the applicant's or recipient's income as defined
in section 256D.35, subdivision 10, or the standard specified in subdivision 3, whichever is
greater. A recipient of a federal or state housing subsidy, that limits shelter costs to a percentage
of gross income, shall not be considered shelter needy for purposes of this paragraph.
    Subd. 6. County agency standards of assistance. The county agency may establish
standards of assistance for basic needs, special needs, and clothing and personal needs that exceed
the corresponding state standards of assistance. State aid is not available for costs above state
standards.
    Subd. 7.[Repealed, 1995 c 207 art 5 s 40]
History: 1989 c 282 art 5 s 103; 1990 c 568 art 4 s 84; 1991 c 292 art 7 s 21; 1Sp1993
c 1 art 8 s 5,6; 1994 c 465 art 1 s 31; 1995 c 207 art 5 s 18-23; 1995 c 263 s 4; 1997 c 85 art
3 s 49; 1999 c 159 s 65; 1Sp2001 c 9 art 3 s 70; 2002 c 379 art 1 s 113; 1Sp2003 c 14 art 1 s
4; 1Sp2005 c 4 art 2 s 16