STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2003
_____________________
FORTIETH DAY
Saint Paul, Minnesota, Tuesday, April 22, 2003
The House of Representatives convened at 12:00 noon and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Pastor Walter Glucklich, Elim Mission
Church, Cokato, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Erhardt, Fuller and Walker were excused.
Entenza was excused until 1:10 p.m. Beard was excused until 2:05 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. DeLaForest moved that further
reading of the Journal be suspended and that the Journal be approved as
corrected by the Chief Clerk. The
motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 28 and H. F. No. 155,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical.
Kohls moved that S. F. No. 28 be substituted for
H. F. No. 155 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 233 and H. F. No. 496,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Abeler moved that the rules be so far suspended that
S. F. No. 233 be substituted for H. F. No. 496
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 272 and H. F. No. 572,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Samuelson moved that the rules be so far suspended that
S. F. No. 272 be substituted for H. F. No. 572
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 421 and H. F. No. 389,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hornstein moved that the rules be so far suspended that
S. F. No. 421 be substituted for H. F. No. 389
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 433 and H. F. No. 410,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical.
Abeler moved that S. F. No. 433 be substituted
for H. F. No. 410 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 727 and H. F. No. 653,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical.
Olsen, S., moved that S. F. No. 727 be
substituted for H. F. No. 653 and that the House File be
indefinitely postponed. The motion
prevailed.
S. F. No. 872 and
H. F. No. 1114, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Kohls moved that the rules be so far suspended that
S. F. No. 872 be substituted for H. F. No. 1114
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 907 and H. F. No. 920,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Fuller moved that the rules be so far suspended that
S. F. No. 907 be substituted for H. F. No. 920
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 941 and H. F. No. 1066,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Zellers moved that the rules be so far suspended that
S. F. No. 941 be substituted for H. F. No. 1066
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 942 and H. F. No. 909,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical.
Lipman moved that S. F. No. 942 be substituted
for H. F. No. 909 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1158 and
H. F. No. 1035, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Strachan moved that the rules be so far suspended that
S. F. No. 1158 be substituted for H. F. No. 1035
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1176 and
H. F. No. 1326, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Latz moved that the rules be so far suspended that
S. F. No. 1176 be substituted for H. F. No. 1326
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Act
of the 2003 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2003 |
Date Filed 2003 |
112 12 5:45
p.m. April 11 April
14
Sincerely,
Mary
Kiffmeyer
Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Act
of the 2003 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2003 |
Date Filed 2003 |
187 14 4:45
p.m. April 14 April
14
Sincerely,
Mary
Kiffmeyer
Secretary
of State
REPORTS OF STANDING COMMITTEES
Bradley from the Committee on Health and Human Services Finance
to which was referred:
H. F. No. 437, A bill for an act relating to human services;
expanding the alternative quality assurance licensing system; extending a
sunset; appropriating money; amending Minnesota Statutes 2002, sections
256B.095; 256B.0951, subdivisions 1, 2, 3, 5, 7, 9; 256B.0952, subdivision 1;
256B.0953, subdivision 2; 256B.0955.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
WELFARE
REFORM; PUBLIC ASSISTANCE MODIFICATIONS
Section 1. Minnesota
Statutes 2002, section 256.984, subdivision 1, is amended to read:
Subdivision 1.
[DECLARATION.] Every application for public assistance under this
chapter and/or or chapters 256B, 256D, 256K, MFIP program 256J,
and food stamps or food support under chapter 393 shall be in writing or
reduced to writing as prescribed by the state agency and shall contain the
following declaration which shall be signed by the applicant:
"I
declare under the penalties of perjury that this application has been examined
by me and to the best of my knowledge is a true and correct statement of every
material point. I understand that a
person convicted of perjury may be sentenced to imprisonment of not more than
five years or to payment of a fine of not more than $10,000, or both."
Sec. 2. Minnesota
Statutes 2002, section 256D.06, subdivision 2, is amended to read:
Subd. 2. [EMERGENCY
NEED.] Notwithstanding the provisions of subdivision 1, a grant of emergency
general assistance shall, to the extent funds are available, be
made to an eligible single adult, married couple, or family for an emergency
need, as defined in rules promulgated by the commissioner, where the recipient
requests temporary assistance not exceeding 30 days if an emergency situation
appears to exist and family is (a) until March 31, 1998, the individual is ineligible
for the program of emergency assistance under aid to families with dependent
children and is not a recipient of aid to families with dependent children at
the time of application; or (b) the individual or (i) ineligible
for MFIP or is not a participant of MFIP; and (ii) is ineligible for
emergency assistance under section 256J.48. If an applicant or recipient relates facts to the county agency
which may be sufficient to constitute an emergency situation, the county agency
shall, to the extent funds are available, advise the person of the
procedure for applying for assistance according to this subdivision. An emergency general assistance grant
is available to a recipient not more than once in any 12-month
period. Funding for an emergency
general assistance program is limited to the appropriation. Each fiscal year, the commissioner
shall allocate to counties the money appropriated for emergency general
assistance grants based on each county agency's average share of state's
emergency general expenditures for the immediate past three fiscal years
as determined by the commissioner, and may reallocate any unspent
amounts to other counties. Any
emergency general assistance expenditures by a county above the amount
of the commissioner's allocation to the county must be made from county
funds.
Sec. 3. Minnesota
Statutes 2002, section 256D.44, subdivision 5, is amended to read:
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 payable under the Minnesota family investment
program 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 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.
Sec. 4. Minnesota
Statutes 2002, section 256D.46, subdivision 1, is amended to read:
Subdivision 1.
[ELIGIBILITY.] A county agency must grant emergency Minnesota
supplemental aid must be granted, to the extent funds are
available, if the recipient is without adequate resources to resolve an
emergency that, if unresolved, will threaten the health or safety of the
recipient. For the purposes of this
section, the term "recipient" includes persons for whom a group
residential housing benefit is being paid under sections 256I.01 to 256I.06.
Sec. 5. Minnesota
Statutes 2002, section 256D.46, subdivision 3, is amended to read:
Subd. 3. [PAYMENT
AMOUNT.] The amount of assistance granted under emergency Minnesota
supplemental aid is limited to the amount necessary to resolve the
emergency. An emergency Minnesota
supplemental aid grant is available to a recipient no more than once in
any 12-month period. Funding for
emergency Minnesota supplemental aid is limited to the appropriation.
Each fiscal year, the commissioner shall allocate to counties the
money appropriated for emergency Minnesota supplemental aid grants based
on each county agency's average share of state's emergency Minnesota
supplemental aid expenditures for the immediate past three fiscal years
as determined by the commissioner, and may reallocate any unspent
amounts to other counties. Any
emergency Minnesota supplemental aid expenditures by a county above the
amount of the commissioner's allocation to the county must be made from
county funds.
Sec. 6. Minnesota
Statutes 2002, section 256D.48, subdivision 1, is amended to read:
Subdivision 1. [NEED
FOR PROTECTIVE PAYEE.] The county agency shall determine whether a recipient
needs a protective payee when a physical or mental condition renders the
recipient unable to manage funds and when payments to the recipient would be
contrary to the recipient's welfare.
Protective payments must be issued when
there is evidence of: (1) repeated
inability to plan the use of income to meet necessary expenditures; (2)
repeated observation that the recipient is not properly fed or clothed; (3)
repeated failure to meet obligations for rent, utilities, food, and other
essentials; (4) evictions or a repeated incurrence of debts; or (5) lost
or stolen checks; or (6) use of emergency Minnesota supplemental aid more
than twice in a calendar year. The
determination of representative payment by the Social Security Administration
for the recipient is sufficient reason for protective payment of Minnesota
supplemental aid payments.
Sec. 7. Minnesota
Statutes 2002, section 256J.01, subdivision 5, is amended to read:
Subd. 5. [COMPLIANCE
SYSTEM.] The commissioner shall administer a compliance system for the state's
temporary assistance for needy families (TANF) program, the food stamp program,
emergency assistance, general assistance, medical assistance, general
assistance medical care, emergency general assistance, Minnesota supplemental
aid, preadmission screening, child support program, and alternative care grants
under the powers and authorities named in section 256.01, subdivision 2. The
purpose of the compliance system is to permit the commissioner to supervise the
administration of public assistance programs and to enforce timely and accurate
distribution of benefits, completeness of service and efficient and effective
program management and operations, to increase uniformity and consistency in
the administration and delivery of public assistance programs throughout the
state, and to reduce the possibility of sanction and fiscal disallowances for
noncompliance with federal regulations and state statutes.
Sec. 8. Minnesota
Statutes 2002, section 256J.02, subdivision 2, is amended to read:
Subd. 2. [USE OF
MONEY.] State money appropriated for purposes of this section and TANF block
grant money must be used for:
(1) financial assistance to or on behalf of any minor child who
is a resident of this state under section 256J.12;
(2) employment and training services under this chapter or
chapter 256K;
(3) emergency financial assistance and services under
section 256J.48;
(4) diversionary assistance under section 256J.47;
(5) the health care and human services training and
retention program under chapter 116L, for costs associated with families with
children with incomes below 200 percent of the federal poverty guidelines;
(6) (3) the pathways program under section
116L.04, subdivision 1a;
(7) welfare-to-work extended employment services for MFIP
participants with severe impairment to employment as defined in section
268A.15, subdivision 1a;
(8) the family homeless prevention and assistance program
under section 462A.204;
(9) the rent assistance for family stabilization
demonstration project under section 462A.205;
(10) (4) welfare to work transportation
authorized under Public Law Number 105-178;
(11) (5) reimbursements for the federal share of
child support collections passed through to the custodial parent;
(12) (6) reimbursements for the working family
credit under section 290.0671;
(13) intensive ESL grants under
Laws 2000, chapter 489, article 1;
(14) transitional housing programs under section 119A.43;
(15) programs and pilot projects under chapter 256K; and
(16) (7) program administration under this
chapter;
(8) the diversionary work program under section 256J.95;
(9) the MFIP consolidated fund under section 256J.626; and
(10) the Minnesota department of health consolidated fund
under Laws 2001, First Special Session chapter 9, article 17, section
3, subdivision 2.
Sec. 9. Minnesota
Statutes 2002, section 256J.021, is amended to read:
256J.021 [SEPARATE STATE PROGRAM FOR USE OF STATE MONEY.]
Beginning October 1, 2001, and each year thereafter, the
commissioner of human services must treat financial assistance MFIP
expenditures made to or on behalf of any minor child under section 256J.02,
subdivision 2, clause (1), who is a resident of this state under section
256J.12, and who is part of a two-parent eligible household as expenditures
under a separately funded state program and report those expenditures to the
federal Department of Health and Human Services as separate state program
expenditures under Code of Federal Regulations, title 45, section 263.5.
Sec. 10. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 11a.
[CHILD ONLY CASE.] "Child only case" means a case
that would be part of the child only TANF program under section 256J.88.
Sec. 11. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 24b.
[DIVERSIONARY WORK PROGRAM OR DWP.] "Diversionary work
program" or "DWP" has the meaning given in section
256J.95.
Sec. 12. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 28b.
[EMPLOYABLE.] "Employable" means a person is capable
of performing existing positions in the local labor market, regardless
of the current availability of openings for those positions.
Sec. 13. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 34a.
[FAMILY VIOLENCE.] (a) "Family violence" means the
following, if committed against a family or household member by a family
or household member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm, bodily
injury, or assault; or
(3) terroristic threats, within the
meaning of section 609.713, subdivision 1; criminal sexual conduct,
within the meaning of section 609.342, 609.343, 609.344, 609.345, or
609.3451; or interference with an emergency call within the meaning
of section 609.78, subdivision 2.
(b) For the purposes of family violence, "family or
household member" means:
(1) spouses and former spouses;
(2) parents and children;
(3) persons related by blood;
(4) persons who are residing together or who have resided
together in the past;
(5) persons who have a child in common regardless of whether
they have been married or have lived together at any time;
(6) a man and woman if the woman is pregnant and the man is
alleged to be the father, regardless of whether they have been married
or have lived together at anytime; and
(7) persons involved in a current or past significant romantic
or sexual relationship.
Sec. 14. Minnesota
Statutes, section 256J.08, is amended by adding a subdivision to read:
Subd. 34b.
[FAMILY VIOLENCE WAIVER.] "Family violence waiver"
means a waiver of the 60-month time limit for victims of family violence
who meet the criteria in section 256J.545 and are complying with an
employment plan in section 256J.521, subdivision 3.
Sec. 15. Minnesota
Statutes 2002, section 256J.08, subdivision 35, is amended to read:
Subd. 35. [FAMILY WAGE
LEVEL.] "Family wage level" means 110 percent of the transitional
standard as specified in section 256J.24, subdivision 7.
Sec. 16. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 51b.
[LEARNING DISABLED.] "Learning disabled," for purposes
of an extension to the 60-month time limit under section 256J.425,
subdivision 3, clause (3), means the person has a disorder in one or
more of the psychological processes involved in perceiving,
understanding, or using concepts through verbal language or nonverbal
means. Learning disabled does not include
learning problems that are primarily the result of visual, hearing, or
motor handicaps, mental retardation, emotional disturbance, or due to
environmental, cultural, or economic disadvantage.
Sec. 17. Minnesota
Statutes 2002, section 256J.08, subdivision 65, is amended to read:
Subd. 65.
[PARTICIPANT.] "Participant" means a person who is currently
receiving cash assistance or the food portion available through MFIP coupons
and is subsequently determined to be ineligible for assistance for that period
of time is a participant, regardless whether that assistance is repaid. The term "participant" includes
the caregiver relative and the minor child whose needs are included in the
assistance payment. A person in an
assistance unit who does not receive a cash and food assistance payment because
the as
funded by TANF and the food stamp program.
A person who fails to withdraw or access electronically any portion of
the person's cash and food assistance payment by the end of the payment month,
who makes a written request for closure before the first of a payment month and
repays cash and food assistance electronically issued for that payment month
within that payment month, or who returns any uncashed assistance check and
food coupons and withdraws from the program is not a participant. A person who withdraws a cash or food
assistance payment by electronic transfer or receives and cashes an MFIP
assistance check or food person case has been suspended from MFIP is a
participant. A person who
receives cash payments under the diversionary work program under section
256J.95 is a participant.
Sec. 18. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 65a.
[PARTICIPATION REQUIREMENTS OF TANF.] "Participation
requirements of TANF" means activities and hourly requirements
allowed under title IV-A of the federal Social Security Act.
Sec. 19. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 73a.
[QUALIFIED PROFESSIONAL.] (a) For physical illness, injury, or
incapacity, a "qualified professional" means a licensed
physician, a physician's assistant, a nurse practitioner, or in the case
of spinal subluxation, a licensed chiropractor.
(b) For mental retardation and intelligence testing, a "qualified
professional" means an individual qualified by training and
experience to administer the tests necessary to make determinations,
such as tests of intellectual functioning, assessments of adaptive
behavior, adaptive skills, and developmental functioning. These professionals include licensed psychologists,
certified school psychologists, or certified psychometrists working
under the supervision of a licensed psychologist.
(c) For learning disabilities, a "qualified
professional" means a licensed psychologist or school psychologist
with experience determining learning disabilities.
(d) For mental health, a "qualified professional"
means a licensed physician or a qualified mental health
professional. A "qualified
mental health professional" means:
(1) for children, in psychiatric nursing, a registered nurse
who is licensed under sections 148.171 to 148.285, and who is certified
as a clinical specialist in child and adolescent psychiatric or mental
health nursing by a national nurse certification organization or who has
a master's degree in nursing or one of the behavioral sciences or
related fields from an accredited college or university or its
equivalent, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services in the treatment of
mental illness;
(2) for adults, in psychiatric nursing, a registered nurse
who is licensed under sections 148.171 to 148.285, and who is certified
as a clinical specialist in adult psychiatric and mental health nursing
by a national nurse certification organization or who has a master's
degree in nursing or one of the behavioral sciences or related fields
from an accredited college or university or its equivalent, with at
least 4,000 hours of post-master's supervised experience in the delivery
of clinical services in the treatment of mental illness;
(3) in clinical social work, a person licensed as an independent
clinical social worker under section 148B.21, subdivision 6, or a person
with a master's degree in social work from an accredited college or
university, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services in the treatment of mental
illness;
(4) in psychology, an individual licensed by the board of
psychology under sections 148.88 to 148.98, who has stated to the
board of psychology competencies in the diagnosis and treatment of
mental illness;
(5) in psychiatry, a physician licensed under chapter
147 and certified by the American Board of Psychiatry and Neurology or
eligible for board certification in psychiatry; and
(6) in marriage and family therapy, the mental health professional
must be a marriage and family therapist licensed under sections 148B.29
to 148B.39, with at least two years of post-master's supervised
experience in the delivery of clinical services in the treatment of
mental illness.
Sec. 20. Minnesota
Statutes 2002, section 256J.08, subdivision 82, is amended to read:
Subd. 82. [SANCTION.]
"Sanction" means the reduction of a family's assistance payment by a
specified percentage of the MFIP standard of need because: a nonexempt participant fails to comply with
the requirements of sections 256J.52 256J.515 to 256J.55 256J.57;
a parental caregiver fails without good cause to cooperate with the child
support enforcement requirements; or a participant fails to comply with the
insurance, tort liability, or other requirements of this chapter.
Sec. 21. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 84a. [SSI
RECIPIENT.] "SSI recipient" means a person who receives at
least $1 in SSI benefits, or who is not receiving an SSI benefit due to
recoupment or a one month suspension by the Social Security
Administration due to excess income.
Sec. 22. Minnesota
Statutes 2002, section 256J.08, subdivision 85, is amended to read:
Subd. 85. [TRANSITIONAL
STANDARD.] "Transitional standard" means the basic standard for a
family with no other income or a nonworking family without earned
income and is a combination of the cash assistance needs portion
and food assistance needs for a family of that size portion as
specified in section 256J.24, subdivision 5.
Sec. 23. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 90.
[SEVERE FORMS OF TRAFFICKING IN PERSONS.] "Severe forms of
trafficking in persons" means: (1)
sex trafficking in which a commercial sex act is induced by force,
fraud, or coercion, or in which the person induced to perform the act
has not attained 18 years of age; or (2) the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or
services through the use of force, fraud, or coercion for the purposes
of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
Sec. 24. Minnesota
Statutes 2002, section 256J.09, subdivision 2, is amended to read:
Subd. 2. [COUNTY AGENCY
RESPONSIBILITY TO PROVIDE INFORMATION.] When a person inquires about
assistance, a county agency must:
(1) explain the eligibility requirements of, and how to apply
for, diversionary assistance as provided in section 256J.47; emergency
assistance as provided in section 256J.48; MFIP as provided in section 256J.10;
or any other assistance for which the person may be eligible; and
(2) offer the person brochures developed or approved by the
commissioner that describe how to apply for assistance.
Sec. 25. Minnesota
Statutes 2002, section 256J.09, subdivision 3, is amended to read:
Subd. 3. [SUBMITTING
THE APPLICATION FORM.] (a) A county agency must offer, in person or by mail,
the application forms prescribed by the commissioner as soon as a person makes
a written or oral inquiry. At that
time, the county agency must:
(1) inform the person that assistance begins with the date the
signed application is received by the county agency or the date all eligibility
criteria are met, whichever is later;
(2) inform the person that any delay in submitting the
application will reduce the amount of assistance paid for the month of
application;
(3) inform a person that the person may submit the application
before an interview;
(4) explain the information that will be verified during the application
process by the county agency as provided in section 256J.32;
(5) inform a person about the county agency's average
application processing time and explain how the application will be processed
under subdivision 5;
(6) explain how to contact the county agency if a person's
application information changes and how to withdraw the application;
(7) inform a person that the next step in the application
process is an interview and what a person must do if the application is
approved including, but not limited to, attending orientation under section
256J.45 and complying with employment and training services requirements in
sections 256J.52 256J.515 to 256J.55 256J.57;
(8) explain the child care and transportation services that are
available under paragraph (c) to enable caregivers to attend the interview,
screening, and orientation; and
(9) identify any language barriers and arrange for translation
assistance during appointments, including, but not limited to, screening under
subdivision 3a, orientation under section 256J.45, and the initial
assessment under section 256J.52 256J.521.
(b) Upon receipt of a signed application, the county agency
must stamp the date of receipt on the face of the application. The county
agency must process the application within the time period required under
subdivision 5. An applicant may
withdraw the application at any time by giving written or oral notice to the
county agency. The county agency must
issue a written notice confirming the withdrawal. The notice must inform the applicant of the county agency's
understanding that the applicant has withdrawn the application and no longer
wants to pursue it. When, within ten
days of the date of the agency's notice, an applicant informs a county agency,
in writing, that the applicant does not wish to withdraw the application, the
county agency must reinstate the application and finish processing the
application.
(c) Upon a participant's request, the county agency must
arrange for transportation and child care or reimburse the participant for
transportation and child care expenses necessary to enable participants to
attend the screening under subdivision 3a and orientation under section
256J.45.
Sec. 26. Minnesota
Statutes 2002, section 256J.09, subdivision 3a, is amended to read:
Subd. 3a. [SCREENING.]
The county agency, or at county option, the county's employment and training
service provider as defined in section 256J.49, must screen each applicant to
determine immediate needs and to determine if the applicant may be eligible for:
(1) another program that is not partially funded through
the federal temporary assistance to needy families block grant under Title I of
Public Law Number 104-193, including the expedited issuance of food
stamps under section 256J.28, subdivision 1.
If the applicant may be eligible for another program, a county
caseworker must provide the appropriate referral to the program;
(2) the diversionary assistance program under section
256J.47; or
(3) the emergency assistance program under section 256J.48. If the applicant appears eligible for
another program, including any program funded by the MFIP consolidated
fund, the county must make a referral to the appropriate program.
Sec. 27. Minnesota
Statutes 2002, section 256J.09, subdivision 3b, is amended to read:
Subd. 3b. [INTERVIEW TO
DETERMINE REFERRALS AND SERVICES.] If the applicant is not diverted from
applying for MFIP, and if the applicant meets the MFIP eligibility
requirements, then a county agency must:
(1) identify an applicant who is under the age of 20 without
a high school diploma or its equivalent and explain to the applicant the
assessment procedures and employment plan requirements for minor parents
under section 256J.54;
(2) explain to the applicant the eligibility criteria in
section 256J.545 for an exemption under the family violence provisions
in section 256J.52, subdivision 6 waiver, and explain what an
applicant should do to develop an alternative employment plan;
(3) determine if an applicant qualifies for an exemption under
section 256J.56 from employment and training services requirements, explain how
a person should report to the county agency any status changes, and explain
that an applicant who is exempt may volunteer to participate in employment and
training services;
(4) for applicants who are not exempt from the requirement to
attend orientation, arrange for an orientation under section 256J.45 and an initial
assessment under section 256J.52 256J.521;
(5) inform an applicant who is not exempt from the requirement
to attend orientation that failure to attend the orientation is considered an
occurrence of noncompliance with program requirements and will result in an
imposition of a sanction under section 256J.46; and
(6) explain how to contact the county agency if an applicant
has questions about compliance with program requirements.
Sec. 28. Minnesota
Statutes 2002, section 256J.09, subdivision 8, is amended to read:
Subd. 8. [ADDITIONAL
APPLICATIONS.] Until a county agency issues notice of approval or denial,
additional applications submitted by an applicant are void. However, an application for monthly
assistance or other benefits funded under section 256J.626 and an
application for have been appealed to the
commissioner, and the applicant asserts that a change in circumstances has
occurred that would allow eligibility.
A county agency must require additional application forms or
supplemental forms as prescribed by the commissioner when a payee's name
changes, or when a caregiver requests the addition of another person to the
assistance unit. emergency assistance or emergency general assistance may
exist concurrently. More than one
application for monthly assistance, emergency assistance, or emergency
general assistance may exist concurrently when the county agency decisions on
one or more earlier applications
Sec. 29. Minnesota
Statutes 2002, section 256J.09, subdivision 10, is amended to read:
Subd. 10. [APPLICANTS
WHO DO NOT MEET ELIGIBILITY REQUIREMENTS FOR MFIP OR THE DIVERSIONARY WORK
PROGRAM.] When an applicant is not eligible for MFIP or the diversionary
work program under section 256J.95 because the applicant does not
meet eligibility requirements, the county agency must determine whether the
applicant is eligible for food stamps, medical assistance, diversionary
assistance, or has a need for emergency assistance when the applicant meets the
eligibility requirements for those programs or health care
programs. The county must also
inform applicants about resources available through the county or other
agencies to meet short-term emergency needs.
Sec. 30. Minnesota
Statutes 2002, section 256J.14, is amended to read:
256J.14 [ELIGIBILITY FOR PARENTING OR PREGNANT MINORS.]
(a) The definitions in this paragraph only apply to this
subdivision.
(1) "Household of a parent, legal guardian, or other adult
relative" means the place of residence of:
(i) a natural or adoptive parent;
(ii) a legal guardian according to appointment or acceptance under
section 260C.325, 525.615, or 525.6165, and related laws;
(iii) a caregiver as defined in section 256J.08, subdivision
11; or
(iv) an appropriate adult relative designated by a county
agency.
(2) "Adult-supervised supportive living arrangement"
means a private family setting which assumes responsibility for the care and
control of the minor parent and minor child, or other living arrangement, not
including a public institution, licensed by the commissioner of human services
which ensures that the minor parent receives adult supervision and supportive
services, such as counseling, guidance, independent living skills training, or
supervision.
(b) A minor parent and the minor child who is in the care of
the minor parent must reside in the household of a parent, legal guardian,
other adult relative, or in an adult-supervised supportive living arrangement
in order to receive MFIP unless:
(1) the minor parent has no living parent, other adult
relative, or legal guardian whose whereabouts is known;
(2) no living parent, other adult relative, or legal guardian
of the minor parent allows the minor parent to live in the parent's, other
adult relative's, or legal guardian's home;
(3) the minor parent lived apart from the minor parent's own
parent or legal guardian for a period of at least one year before either the
birth of the minor child or the minor parent's application for MFIP;
(4) the physical or emotional health or safety of the minor
parent or minor child would be jeopardized if the minor parent and the minor
child resided in the same residence with the minor parent's parent, other adult
relative, or legal guardian; or
(5) an adult supervised supportive living arrangement is not
available for the minor parent and child in the county in which the minor
parent and child currently reside. If
an adult supervised supportive living arrangement becomes available within the
county, the minor parent and child must reside in that arrangement.
(c) The county agency shall inform minor applicants both orally
and in writing about the eligibility requirements, their rights and obligations
under the MFIP program, and any other applicable orientation information. The county must advise the minor of the
possible exemptions under section 256J.54, subdivision 5, and
specifically ask whether one or more of these exemptions is applicable. If the minor alleges one or more of these
exemptions, then the county must assist the minor in obtaining the necessary
verifications to determine whether or not these exemptions apply.
(d) If the county worker has reason to suspect that the
physical or emotional health or safety of the minor parent or minor child would
be jeopardized if they resided with the minor parent's parent, other adult
relative, or legal guardian, then the county worker must make a referral to
child protective services to determine if paragraph (b), clause (4),
applies. A new determination by the
county worker is not necessary if one has been made within the last six months,
unless there has been a significant change in circumstances which justifies a
new referral and determination.
(e) If a minor parent is not living with a parent, legal
guardian, or other adult relative due to paragraph (b), clause (1), (2), or
(4), the minor parent must reside, when possible, in a living arrangement that
meets the standards of paragraph (a), clause (2).
(f) Regardless of living arrangement, MFIP must be paid, when
possible, in the form of a protective payment on behalf of the minor parent and
minor child according to section 256J.39, subdivisions 2 to 4.
Sec. 31. Minnesota
Statutes 2002, section 256J.20, subdivision 3, is amended to read:
Subd. 3. [OTHER
PROPERTY LIMITATIONS.] To be eligible for MFIP, the equity value of all
nonexcluded real and personal property of the assistance unit must not exceed
$2,000 for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to (19)
must be excluded when determining the equity value of real and personal
property:
(1) a licensed vehicle up to a loan value of less than or equal
to $7,500. The county agency shall
apply any excess loan value as if it were equity value to the asset limit
described in this section. If the
assistance unit owns more than one licensed vehicle, the county agency shall
determine the vehicle with the highest loan value and count only the loan value
over $7,500, excluding: (i) the value
of one vehicle per physically disabled person when the vehicle is needed to transport
the disabled unit member; this exclusion does not apply to mentally disabled
people; (ii) the value of special equipment for a handicapped member of the
assistance unit; and (iii) any vehicle used for long-distance travel, other
than daily commuting, for the employment of a unit member.
The county agency shall count the loan value of all other
vehicles and apply this amount as if it were equity value to the asset limit
described in this section. To establish
the loan value of vehicles, a county agency must use the N.A.D.A. Official Used
Car Guide, Midwest Edition, for newer model cars. When a vehicle is not listed
in the guidebook, or when the applicant or participant disputes the loan value
listed in the guidebook as unreasonable given the condition of the particular
vehicle, the county agency may require the applicant or participant document the
loan value by securing a written statement from a motor vehicle dealer licensed
under section 168.27, stating the amount that the dealer would pay to purchase
the vehicle. The county agency shall
reimburse the applicant or participant for the cost of a written statement that
documents a lower loan value;
(2) the value of life insurance policies for members of the
assistance unit;
(3) one burial plot per member of an assistance unit;
(4) the value of personal property needed to produce earned
income, including tools, implements, farm animals, inventory, business loans,
business checking and savings accounts used at least annually and used
exclusively for the operation of a self-employment business, and any motor
vehicles if at least 50 percent of the vehicle's use is to produce income and
if the vehicles are essential for the self-employment business;
(5) the value of personal property not otherwise specified
which is commonly used by household members in day-to-day living such as
clothing, necessary household furniture, equipment, and other basic maintenance
items essential for daily living;
(6) the value of real and personal property owned by a
recipient of Supplemental Security Income or Minnesota supplemental aid;
(7) the value of corrective payments, but only for the month in
which the payment is received and for the following month;
(8) a mobile home or other vehicle used by an applicant or
participant as the applicant's or participant's home;
(9) money in a separate escrow account that is needed to pay
real estate taxes or insurance and that is used for this purpose;
(10) money held in escrow to cover employee FICA, employee tax
withholding, sales tax withholding, employee worker compensation, business
insurance, property rental, property taxes, and other costs that are paid at
least annually, but less often than monthly;
(11) monthly assistance, emergency assistance, and
diversionary payments for the current month's needs or short-term
emergency needs under section 256J.626, subdivision 2;
(12) the value of school loans, grants, or scholarships for the
period they are intended to cover;
(13) payments listed in section 256J.21, subdivision 2, clause
(9), which are held in escrow for a period not to exceed three months to
replace or repair personal or real property;
(14) income received in a budget month through the end of the
payment month;
(15) savings from earned income of a minor child or a minor
parent that are set aside in a separate account designated specifically for
future education or employment costs;
(16) the federal earned income credit, Minnesota working family
credit, state and federal income tax refunds, state homeowners and renters
credits under chapter 290A, property tax rebates and other federal or state tax
rebates in the month received and the following month;
(17) payments excluded under federal law as long as those
payments are held in a separate account from any nonexcluded funds;
(18) the assets of children ineligible
to receive MFIP benefits because foster care or adoption assistance payments
are made on their behalf; and
(19) the assets of persons whose income is excluded under
section 256J.21, subdivision 2, clause (43).
Sec. 32. Minnesota
Statutes 2002, section 256J.21, subdivision 1, is amended to read:
Subdivision 1. [INCOME
INCLUSIONS.] To determine MFIP eligibility, the county agency must evaluate
income received by members of an assistance unit, or by other persons whose
income is considered available to the assistance unit, and only count income
that is available to the member of the assistance unit. Income is available if
the individual has legal access to the income.
All payments, unless specifically excluded in subdivision 2, must be
counted as income. The county agency
shall verify the income of all MFIP recipients and applicants.
Sec. 33. Minnesota
Statutes 2002, section 256J.21, subdivision 2, is amended to read:
Subd. 2. [INCOME
EXCLUSIONS.] The following must be excluded in determining a family's available
income:
(1) payments for basic care, difficulty of care, and clothing
allowances received for providing family foster care to children or adults
under Minnesota Rules, parts 9545.0010 to 9545.0260 and 9555.5050 to 9555.6265,
and payments received and used for care and maintenance of a third-party
beneficiary who is not a household member;
(2) reimbursements for employment training received through the
Job Training Partnership Workforce Investment Act 1998,
United States Code, title 29 20, chapter 19 73, sections
1501 to 1792b section 9201;
(3) reimbursement for out-of-pocket expenses incurred while
performing volunteer services, jury duty, employment, or informal carpooling
arrangements directly related to employment;
(4) all educational assistance, except the county agency must
count graduate student teaching assistantships, fellowships, and other similar
paid work as earned income and, after allowing deductions for any unmet and necessary
educational expenses, shall count scholarships or grants awarded to graduate
students that do not require teaching or research as unearned income;
(5) loans, regardless of purpose, from public or private
lending institutions, governmental lending institutions, or governmental
agencies;
(6) loans from private individuals, regardless of purpose,
provided an applicant or participant documents that the lender expects
repayment;
(7)(i) state income tax refunds; and
(ii) federal income tax refunds;
(8)(i) federal earned income credits;
(ii) Minnesota working family credits;
(iii) state homeowners and renters credits under chapter 290A;
and
(iv) federal or state tax rebates;
(9) funds received for reimbursement,
replacement, or rebate of personal or real property when these payments are
made by public agencies, awarded by a court, solicited through public appeal,
or made as a grant by a federal agency, state or local government, or disaster
assistance organizations, subsequent to a presidential declaration of disaster;
(10) the portion of an insurance settlement that is used to pay
medical, funeral, and burial expenses, or to repair or replace insured
property;
(11) reimbursements for medical expenses that cannot be paid by
medical assistance;
(12) payments by a vocational rehabilitation program
administered by the state under chapter 268A, except those payments that are
for current living expenses;
(13) in-kind income, including any payments directly made by a
third party to a provider of goods and services;
(14) assistance payments to correct underpayments, but only for
the month in which the payment is received;
(15) emergency assistance payments for short-term
emergency needs under section 256J.626, subdivision 2;
(16) funeral and cemetery payments as provided by section
256.935;
(17) nonrecurring cash gifts of $30 or less, not exceeding $30
per participant in a calendar month;
(18) any form of energy assistance payment made through Public
Law Number 97-35, Low-Income Home Energy Assistance Act of 1981,
payments made directly to energy providers by other public and private
agencies, and any form of credit or rebate payment issued by energy providers;
(19) Supplemental Security Income (SSI), including retroactive
SSI payments and other income of an SSI recipient, except as
described in section 256J.37, subdivision 3b;
(20) Minnesota supplemental aid, including retroactive
payments;
(21) proceeds from the sale of real or personal property;
(22) adoption assistance payments under section 259.67;
(23) state-funded family subsidy program payments made under
section 252.32 to help families care for children with mental retardation or
related conditions, consumer support grant funds under section 256.476, and
resources and services for a disabled household member under one of the home
and community-based waiver services programs under chapter 256B;
(24) interest payments and dividends from property that is not
excluded from and that does not exceed the asset limit;
(25) rent rebates;
(26) income earned by a minor caregiver, minor child through
age 6, or a minor child who is at least a half-time student in an approved
elementary or secondary education program;
(27) income earned by a caregiver under age 20 who is at least
a half-time student in an approved elementary or secondary education program;
(28) MFIP child care payments under
section 119B.05;
(29) all other payments made through MFIP to support a
caregiver's pursuit of greater self-support economic stability;
(30) income a participant receives related to shared living
expenses;
(31) reverse mortgages;
(32) benefits provided by the Child Nutrition Act of 1966,
United States Code, title 42, chapter 13A, sections 1771 to 1790;
(33) benefits provided by the women, infants, and children
(WIC) nutrition program, United States Code, title 42, chapter 13A,
section 1786;
(34) benefits from the National School Lunch Act, United States
Code, title 42, chapter 13, sections 1751 to 1769e;
(35) relocation assistance for displaced persons under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, United States Code, title 42, chapter 61, subchapter II, section 4636, or
the National Housing Act, United States Code, title 12, chapter 13, sections
1701 to 1750jj;
(36) benefits from the Trade Act of 1974, United States Code,
title 19, chapter 12, part 2, sections 2271 to 2322;
(37) war reparations payments to Japanese Americans and Aleuts
under United States Code, title 50, sections 1989 to 1989d;
(38) payments to veterans or their dependents as a result of
legal settlements regarding Agent Orange or other chemical exposure under
Public Law Number 101-239, section 10405, paragraph (a)(2)(E);
(39) income that is otherwise specifically excluded from MFIP
consideration in federal law, state law, or federal regulation;
(40) security and utility deposit refunds;
(41) American Indian tribal land settlements excluded under
Public Law Numbers Laws 98-123, 98-124, and 99-377 to the
Mississippi Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs
reservations and payments to members of the White Earth Band, under United
States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;
(42) all income of the minor parent's parents and stepparents
when determining the grant for the minor parent in households that include a
minor parent living with parents or stepparents on MFIP with other children;
(43) income of the minor parent's parents and stepparents equal
to 200 percent of the federal poverty guideline for a family size not including
the minor parent and the minor parent's child in households that include a
minor parent living with parents or stepparents not on MFIP when determining
the grant for the minor parent. The
remainder of income is deemed as specified in section 256J.37, subdivision 1b;
(44) payments made to children eligible for relative custody
assistance under section 257.85;
(45) vendor payments for goods and services made on behalf
of a client unless the client has the option of receiving the payment in cash;
and
(46) the principal portion of a contract for deed payment.
Sec. 34. Minnesota
Statutes 2002, section 256J.24, subdivision 3, is amended to read:
Subd. 3. [INDIVIDUALS
WHO MUST BE EXCLUDED FROM AN ASSISTANCE UNIT.] (a) The following individuals
who are part of the assistance unit determined under subdivision 2 are
ineligible to receive MFIP:
(1) individuals receiving who are recipients of
Supplemental Security Income or Minnesota supplemental aid;
(2) individuals disqualified from the food stamp program or
MFIP, until the disqualification ends;
(3) children on whose behalf federal, state or local foster
care payments are made, except as provided in sections 256J.13, subdivision 2,
and 256J.74, subdivision 2; and
(4) children receiving ongoing monthly adoption assistance
payments under section 259.67.
(b) The exclusion of a person under this subdivision does not
alter the mandatory assistance unit composition.
Sec. 35. Minnesota
Statutes 2002, section 256J.24, subdivision 5, is amended to read:
Subd. 5. [MFIP
TRANSITIONAL STANDARD.] The following table represents the MFIP
transitional standard table when all members of is based on the
number of persons in the assistance unit are eligible for both food
and cash assistance unless the restrictions in subdivision 6 on the
birth of a child apply. The following table represents the transitional
standards effective October 1, 2002.
Number of Transitional Cash Food
Eligible People
Standard
Portion Portion
1 $351 $370: $250 $120
2 $609 $658: $437 $221
3 $763 $844: $532 $312
4 $903 $998: $621 $377
5 $1,025 $1,135: $697 $438
6 $1,165 $1,296: $773 $523
7 $1,273 $1,414: $850 $564
8 $1,403 $1,558: $916 $642
9 $1,530 $1,700: $980 $720
10 $1,653 $1,836: $1,035 $801
over 10 add $121 $136: $53 $83
per additional member.
The commissioner shall annually publish in the State
Register the transitional standard for an assistance unit sizes 1 to 10 including
a breakdown of the cash and food portions.
Sec. 36. Minnesota
Statutes 2002, section 256J.24, subdivision 6, is amended to read:
Subd. 6. [APPLICATION
OF ASSISTANCE STANDARDS FAMILY CAP.] The standards apply to the
number of eligible persons in the assistance unit. (a) MFIP assistance units shall not
receive an increase in the cash portion of the transitional standard as
a result of the birth of a child, unless one of the conditions under
paragraph (b) is met. The child shall
be considered a member of the assistance unit according to subdivisions
1 to 3, but shall be excluded in determining family size for purposes of
determining the amount of the cash portion of the transitional standard
under subdivision 5. The child shall be
included in determining family size for purposes of determining the food
portion of the transitional standard.
The transitional standard under this subdivision shall be the
total of the cash and food portions as specified in this paragraph. The family wage level under this
subdivision shall be based on the family size used to determine the food
portion of the transitional standard.
(b) A child shall be included in determining family size
for purposes of determining the amount of the cash portion of the
MFIP transitional standard when at least one of the following conditions
is met:
(1) for families receiving MFIP assistance on July 1, 2003,
the child is born to the adult parent before May 1, 2004;
(2) for families who apply for the diversionary work program
under section 256J.95 or MFIP assistance on or after July 1, 2003, the
child is born to the adult parent within ten months of the date the
family is eligible for assistance;
(3) the child was conceived as a result of a sexual assault
or incest, provided that:
(i) the incident has been reported to a law enforcement agency
which determines that there is probable cause to believe the crime
occurred; and
(ii) a physician verifies that there is reason to believe
the pregnancy or birth resulted from the reported incident;
(4) the child's mother is a minor caregiver as defined in
section 256J.08, subdivision 59, and the child, or multiple children,
are the mother's first birth; or
(5) any child previously excluded in determining family size
under paragraph (a) shall be included if the adult parent or parents
have not received benefits from the diversionary work program under
section 256J.95 or MFIP assistance in the previous ten months. An adult parent or parents who reapply and
have received benefits from the diversionary work program or MFIP assistance
in the past ten months shall be under the ten-month grace period of
their previous application under clause (2).
(c) Income and resources of a child excluded under this subdivision
must be considered using the same policies as for other children when
determining the grant amount of the assistance unit.
(d) The caregiver must assign support and cooperate with
the child support enforcement agency to establish paternity and collect
child support on behalf of the excluded child.
Failure to cooperate results in the sanction specified in section
256J.46, subdivisions 2 and 2a.
Current support paid on behalf of the excluded child shall be
distributed according to section 256.741, subdivision 15, and counted to
determine the grant amount of the assistance unit.
(e) County agencies must inform applicants of the provisions
under this subdivision at the time of each application and at
recertification.
(f) Children excluded under this provision shall be deemed
MFIP recipients for purposes of child care under chapter 119B.
Sec. 37. Minnesota
Statutes 2002, section 256J.24, subdivision 7, is amended to read:
Subd. 7. [FAMILY WAGE
LEVEL STANDARD.] The family wage level standard is 110 percent of
the transitional standard under subdivision 5 or 6, when applicable, and
is the standard used when there is earned income in the assistance unit. As specified in section 256J.21, earned
income is subtracted from the family wage level to determine the amount of the
assistance payment. Not including
The family wage level standard, assistance payments payment
may not exceed the MFIP standard of need transitional standard under
subdivision 5 or 6, or the shared household standard under subdivision
9, whichever is applicable, for the assistance unit.
Sec. 38. Minnesota
Statutes 2002, section 256J.24, subdivision 10, is amended to read:
Subd. 10. [MFIP EXIT LEVEL.]
The commissioner shall adjust the MFIP earned income disregard to ensure that
most participants do not lose eligibility for MFIP until their income reaches
at least 120 115 percent of the federal poverty guidelines in
effect in October of each fiscal year.
The adjustment to the disregard shall be based on a household size of
three, and the resulting earned income disregard percentage must be applied to
all household sizes. The adjustment
under this subdivision must be implemented at the same time as the October food
stamp cost-of-living adjustment is reflected in the food portion of MFIP
transitional standard as required under subdivision 5a.
Sec. 39. Minnesota
Statutes 2002, section 256J.30, subdivision 9, is amended to read:
Subd. 9. [CHANGES THAT
MUST BE REPORTED.] A caregiver must report the changes or anticipated changes
specified in clauses (1) to (17) (16) within ten days of the date
they occur, at the time of the periodic recertification of eligibility under
section 256J.32, subdivision 6, or within eight calendar days of a reporting
period as in subdivision 5 or 6, whichever occurs first. A caregiver must report other changes at the
time of the periodic recertification of eligibility under section 256J.32,
subdivision 6, or at the end of a reporting period under subdivision 5 or 6, as
applicable. A caregiver must make these
reports in writing to the county agency.
When a county agency could have reduced or terminated assistance for one
or more payment months if a delay in reporting a change specified under clauses
(1) to (16) (15) had not occurred, the county agency must
determine whether a timely notice under section 256J.31, subdivision 4, could
have been issued on the day that the change occurred. When a timely notice could have been issued, each month's
overpayment subsequent to that notice must be considered a client error
overpayment under section 256J.38.
Calculation of overpayments for late reporting under clause (17) (16)
is specified in section 256J.09, subdivision 9. Changes in circumstances which must be reported within ten days
must also be reported on the MFIP household report form for the reporting
period in which those changes occurred.
Within ten days, a caregiver must report:
(1) a change in initial employment;
(2) a change in initial receipt of unearned income;
(3) a recurring change in unearned income;
(4) a nonrecurring change of unearned income that exceeds $30;
(5) the receipt of a lump sum;
(6) an increase in assets that may cause the assistance
unit to exceed asset limits;
(7) a change in the physical or mental status of an
incapacitated member of the assistance unit if the physical or mental status is
the basis of exemption from an MFIP employment services program under
section 256J.56, or as the basis for reducing the hourly participation
requirements under section 256J.55, subdivision 1, or the type of
activities included in an employment plan under section 256J.521,
subdivision 2;
(8) a change in employment status;
(9) information affecting an exception under section 256J.24,
subdivision 9;
(10) a change in health insurance coverage;
(11) the marriage or divorce of an assistance unit
member;
(12) (11) the death of a parent, minor child, or
financially responsible person;
(13) (12) a change in address or living quarters
of the assistance unit;
(14) (13) the sale, purchase, or other transfer
of property;
(15) (14) a change in school attendance of a custodial
parent caregiver under age 20 or an employed child;
(16) (15) filing a lawsuit, a workers'
compensation claim, or a monetary claim against a third party; and
(17) (16) a change in household composition,
including births, returns to and departures from the home of assistance unit
members and financially responsible persons, or a change in the custody of a
minor child.
Sec. 40. Minnesota
Statutes 2002, section 256J.32, subdivision 2, is amended to read:
Subd. 2.
[DOCUMENTATION.] The applicant or participant must document the
information required under subdivisions 4 to 6 or authorize the county agency
to verify the information. The
applicant or participant has the burden of providing documentary evidence to
verify eligibility. The county agency
shall assist the applicant or participant in obtaining required documents when
the applicant or participant is unable to do so. When an applicant or participant and the county agency are
unable to obtain documents needed to verify information, the county agency may
accept an affidavit from an applicant or participant as sufficient
documentation. The county agency
may accept an affidavit only for factors specified under subdivision 8.
Sec. 41. Minnesota
Statutes 2002, section 256J.32, subdivision 4, is amended to read:
Subd. 4. [FACTORS TO BE
VERIFIED.] The county agency shall verify the following at application:
(1) identity of adults;
(2) presence of the minor child in the home, if questionable;
(3) relationship of a minor child to caregivers in the
assistance unit;
(4) age, if necessary to determine MFIP eligibility;
(5) immigration status;
(6) social security number according to the requirements of
section 256J.30, subdivision 12;
(7) income;
(8) self-employment expenses used as a deduction;
(9) source and purpose of deposits and withdrawals from
business accounts;
(10) spousal support and child support payments made to persons
outside the household;
(11) real property;
(12) vehicles;
(13) checking and savings accounts;
(14) savings certificates, savings bonds, stocks, and
individual retirement accounts;
(15) pregnancy, if related to eligibility;
(16) inconsistent information, if related to eligibility;
(17) medical insurance;
(18) burial accounts;
(19) (18) school attendance, if related to
eligibility;
(20) (19) residence;
(21) (20) a claim of family violence if used as a
basis for a to qualify for the family violence waiver from the
60-month time limit in section 256J.42 and regular employment and training
services requirements in section 256J.56;
(22) (21) disability if used as the basis for
an exemption from employment and training services requirements under section
256J.56 or as the basis for reducing the hourly participation requirements
under section 256J.55, subdivision 1, or the type of activity included
in an employment plan under section 256J.521, subdivision 2; and
(23) (22) information needed to establish an
exception under section 256J.24, subdivision 9.
Sec. 42. Minnesota
Statutes 2002, section 256J.32, subdivision 5a, is amended to read:
Subd. 5a. [INCONSISTENT
INFORMATION.] When the county agency verifies inconsistent information under
subdivision 4, clause (16), or 6, clause (4) (5), the reason for
verifying the information must be documented in the financial case record.
Sec. 43. Minnesota
Statutes 2002, section 256J.32, is amended by adding a subdivision to read:
Subd. 8.
[AFFIDAVIT.] The county agency may accept an affidavit from
the applicant or recipient as sufficient documentation at the time of
application or recertification only for the following factors:
(1) a claim of family violence if used as a basis to qualify
for the family violence waiver;
(2) information needed to establish
an exception under section 256J.24, subdivision 9;
(3) relationship of a minor child to caregivers in the assistance
unit; and
(4) citizenship status from a noncitizen who reports to be,
or is identified as, a victim of severe forms of trafficking in persons,
if the noncitizen reports that the noncitizen's immigration documents
are being held by an individual or group of individuals against the
noncitizen's will. The noncitizen must
follow up with the Office of Refugee Resettlement (ORR) to pursue
certification. If verification that
certification is being pursued is not received within 30 days, the MFIP
case must be closed and the agency shall pursue overpayments. The ORR documents certifying the
noncitizen's status as a victim of severe forms of trafficking in
persons, or the reason for the delay in processing, must be received
within 90 days, or the MFIP case must be closed and the agency shall
pursue overpayments.
Sec. 44. Minnesota
Statutes 2002, section 256J.37, is amended by adding a subdivision to read:
Subd. 3a.
[RENTAL SUBSIDIES; UNEARNED INCOME.] (a) Effective July 1,
2003, the county agency shall count $100 of the value of public and
assisted rental subsidies provided through the Department of Housing and
Urban Development (HUD) as unearned income to the cash portion of the
MFIP grant. The full amount of
the subsidy must be counted as unearned income when the subsidy is less
than $100. For the purposes of initial
implementation of this subdivision, the county shall budget the income
from the subsidy prospectively in the months of July and August
2003. This shall be done regardless of
whether the case is in the retrospective or prospective budgeting cycle.
Thereafter, the income from this subsidy shall be budgeted according
to section 256J.34.
(b) The provisions of this subdivision shall not apply to
an MFIP assistance unit which includes a participant who is:
(1) age 60 or older;
(2) a caregiver who is suffering from an illness, injury,
or incapacity that has been certified by a qualified professional
when the illness, injury, or incapacity is expected to continue for more
than 30 days and prevents the person from obtaining or retaining
employment; or
(3) a caregiver whose presence in the home is required due
to the illness or incapacity of another member in the assistance unit,
a relative in the household, or a foster child in the household when the
illness or incapacity and the need for the participant's presence in the
home has been certified by a qualified professional and is expected to
continue for more than 30 days.
(c) The provisions of this subdivision shall not apply to
an MFIP assistance unit where the parental caregiver is an SSI recipient.
Sec. 45. Minnesota
Statutes 2002, section 256J.37, is amended by adding a subdivision to read:
Subd. 3b.
[TREATMENT OF SUPPLEMENTAL SECURITY INCOME.] Effective July 1, 2003,
the county shall reduce the cash portion of the MFIP grant by $175 per
SSI recipient who resides in the household, and who would otherwise be
included in the MFIP assistance unit under section 256J.24, subdivision
2, but is excluded solely due to the SSI recipient status under section
256J.24, subdivision 3, paragraph (a), clause (1). If the SSI recipient receives less than $175 of SSI, only
the amount received shall be used in calculating the MFIP cash assistance
payment. This provision does not apply
to relative caregivers who could elect to be included in the MFIP
assistance unit under section 256J.24, subdivision 4, unless the caregiver's
children or stepchildren are included in the MFIP assistance unit.
Sec. 46. Minnesota Statutes 2002, section 256J.37, subdivision 9, is
amended to read:
Subd. 9. [UNEARNED
INCOME.] (a) The county agency must apply unearned income to the MFIP
standard of need. When determining the
amount of unearned income, the county agency must deduct the costs necessary to
secure payments of unearned income.
These costs include legal fees, medical fees, and mandatory deductions
such as federal and state income taxes.
(b) Effective July 1, 2003, the county agency shall count $100
of the value of public and assisted rental subsidies provided through the
Department of Housing and Urban Development (HUD) as unearned income. The full amount of the subsidy must be
counted as unearned income when the subsidy is less than $100.
(c) The provisions of paragraph (b) shall not apply to MFIP
participants who are exempt from the employment and training services component
because they are:
(i) individuals who are age 60 or older;
(ii) individuals who are suffering from a professionally
certified permanent or temporary illness, injury, or incapacity which is
expected to continue for more than 30 days and which prevents the person from
obtaining or retaining employment; or
(iii) caregivers whose presence in the home is required because
of the professionally certified illness or incapacity of another member in the
assistance unit, a relative in the household, or a foster child in the
household.
(d) The provisions of paragraph (b) shall not apply to an
MFIP assistance unit where the parental caregiver receives supplemental
security income.
Sec. 47. Minnesota
Statutes 2002, section 256J.38, subdivision 3, is amended to read:
Subd. 3. [RECOVERING
OVERPAYMENTS FROM FORMER PARTICIPANTS.] A county agency must initiate
efforts to recover overpayments paid to a former participant or caregiver. Adults Caregivers, both parental
and nonparental, and minor caregivers of an assistance unit at the time an
overpayment occurs, whether receiving assistance or not, are jointly and
individually liable for repayment of the overpayment. The county agency must request repayment from the former
participants and caregivers. When an agreement for repayment is not
completed within six months of the date of discovery or when there is a default
on an agreement for repayment after six months, the county agency must initiate
recovery consistent with chapter 270A, or section 541.05. When a person has been convicted of fraud
under section 256.98, recovery must be sought regardless of the amount of
overpayment. When an overpayment is
less than $35, and is not the result of a fraud conviction under section
256.98, the county agency must not seek recovery under this subdivision. The
county agency must retain information about all overpayments regardless of the
amount. When an adult, adult
caregiver, or minor caregiver reapplies for assistance, the overpayment
must be recouped under subdivision 4.
Sec. 48. Minnesota
Statutes 2002, section 256J.38, subdivision 4, is amended to read:
Subd. 4. [RECOUPING OVERPAYMENTS
FROM PARTICIPANTS.] A participant may voluntarily repay, in part or in full, an
overpayment even if assistance is reduced under this subdivision, until the
total amount of the overpayment is repaid.
When an overpayment occurs due to fraud, the county agency must recover from
the overpaid assistance unit, including child only cases, ten
percent of the applicable standard or the amount of the monthly assistance
payment, whichever is less. When a nonfraud overpayment occurs, the county
agency must recover from the overpaid assistance unit, including child only
cases, three percent of the MFIP standard of need or the amount of the
monthly assistance payment, whichever is less.
Sec. 49. Minnesota Statutes 2002, section 256J.40, is amended to read:
256J.40 [FAIR HEARINGS.]
Caregivers receiving a notice of intent to sanction or a notice
of adverse action that includes a sanction, reduction in benefits, suspension
of benefits, denial of benefits, or termination of benefits may request a fair
hearing. A request for a fair hearing
must be submitted in writing to the county agency or to the commissioner and
must be mailed within 30 days after a participant or former participant
receives written notice of the agency's action or within 90 days when a
participant or former participant shows good cause for not submitting the
request within 30 days. A former
participant who receives a notice of adverse action due to an overpayment may
appeal the adverse action according to the requirements in this section. Issues that may be appealed are:
(1) the amount of the assistance payment;
(2) a suspension, reduction, denial, or termination of
assistance;
(3) the basis for an overpayment, the calculated amount of an
overpayment, and the level of recoupment;
(4) the eligibility for an assistance payment; and
(5) the use of protective or vendor payments under section
256J.39, subdivision 2, clauses (1) to (3).
Except for benefits issued under section 256J.95, a
county agency must not reduce, suspend, or terminate payment when an aggrieved
participant requests a fair hearing prior to the effective date of the adverse
action or within ten days of the mailing of the notice of adverse action,
whichever is later, unless the participant requests in writing not to receive
continued assistance pending a hearing decision. An appeal request cannot extend benefits for the
diversionary work program under section 256J.95 beyond the four-month
time limit. Assistance issued pending a fair hearing is subject to recovery
under section 256J.38 when as a result of the fair hearing decision the
participant is determined ineligible for assistance or the amount of the
assistance received. A county agency
may increase or reduce an assistance payment while an appeal is pending when
the circumstances of the participant change and are not related to the issue on
appeal. The commissioner's order is
binding on a county agency. No
additional notice is required to enforce the commissioner's order.
A county agency shall reimburse appellants for reasonable and
necessary expenses of attendance at the hearing, such as child care and
transportation costs and for the transportation expenses of the appellant's
witnesses and representatives to and from the hearing. Reasonable and necessary expenses do not
include legal fees. Fair hearings must
be conducted at a reasonable time and date by an impartial referee employed by
the department. The hearing may be
conducted by telephone or at a site that is readily accessible to persons with
disabilities.
The appellant may introduce new or additional evidence relevant
to the issues on appeal.
Recommendations of the appeals referee and decisions of the commissioner
must be based on evidence in the hearing record and are not limited to a review
of the county agency action.
Sec. 50. Minnesota
Statutes 2002, section 256J.42, subdivision 4, is amended to read:
Subd. 4. [VICTIMS OF
FAMILY VIOLENCE.] Any cash assistance received by an assistance unit in a month
when a caregiver complied with a safety plan, an alternative employment
plan, or an employment plan or after October 1, 2001, complied or
is complying with an alternative employment plan under section 256J.49
256J.521, subdivision 1a 3, does not count toward the
60-month limitation on assistance.
Sec. 51. Minnesota Statutes 2002, section 256J.42, subdivision 5, is
amended to read:
Subd. 5. [EXEMPTION FOR
CERTAIN FAMILIES.] (a) Any cash assistance received by an assistance unit does
not count toward the 60-month limit on assistance during a month in which the
caregiver is in the category in age 60 or older, including months
during which the caregiver was exempt under section 256J.56, paragraph (a),
clause (1).
(b) From July 1, 1997, until the date MFIP is operative in the
caregiver's county of financial responsibility, any cash assistance received by
a caregiver who is complying with Minnesota Statutes 1996, section 256.73,
subdivision 5a, and Minnesota Statutes 1998, section 256.736, if applicable,
does not count toward the 60-month limit on assistance. Thereafter, any cash assistance received by
a minor caregiver who is complying with the requirements of sections 256J.14
and 256J.54, if applicable, does not count towards the 60-month limit on
assistance.
(c) Any diversionary assistance or emergency assistance
received prior to July 1, 2003, does not count toward the 60-month
limit.
(d) Any cash assistance received by an 18- or 19-year-old
caregiver who is complying with the requirements of an employment
plan that includes an education option under section 256J.54 does not count
toward the 60-month limit.
(e) Payments provided to meet short-term emergency needs
under section 256J.626 and diversionary work program benefits provided
under section 256J.95 do not count toward the 60-month time limit.
Sec. 52. Minnesota
Statutes 2002, section 256J.42, subdivision 6, is amended to read:
Subd. 6. [CASE REVIEW.]
(a) Within 180 days, but not less than 60 days, before the end of the
participant's 60th month on assistance, the county agency or job counselor must
review the participant's case to determine if the employment plan is still
appropriate or if the participant is exempt under section 256J.56 from the
employment and training services component, and attempt to meet with the
participant face-to-face.
(b) During the face-to-face meeting, a county agency or the job
counselor must:
(1) inform the participant how many months of counted
assistance the participant has accrued and when the participant is expected to
reach the 60th month;
(2) explain the hardship extension criteria under section
256J.425 and what the participant should do if the participant thinks a
hardship extension applies;
(3) identify other resources that may be available to the
participant to meet the needs of the family; and
(4) inform the participant of the right to appeal the case
closure under section 256J.40.
(c) If a face-to-face meeting is not possible, the county
agency must send the participant a notice of adverse action as provided in
section 256J.31, subdivisions 4 and 5.
(d) Before a participant's case is closed under this section,
the county must ensure that:
(1) the case has been reviewed by the job counselor's
supervisor or the review team designated in by the county's
approved local service unit plan county to determine if the criteria
for a hardship extension, if requested, were applied appropriately; and
(2) the county agency or the job counselor attempted to meet
with the participant face-to-face.
Sec. 53. Minnesota Statutes 2002, section 256J.425, subdivision 1, is
amended to read:
Subdivision 1.
[ELIGIBILITY.] (a) To be eligible for a hardship extension, a
participant in an assistance unit subject to the time limit under section
256J.42, subdivision 1, in which any participant has received 60 counted
months of assistance, must be in compliance in the participant's 60th
counted month the participant is applying for the extension. For purposes of determining eligibility for
a hardship extension, a participant is in compliance in any month that the
participant has not been sanctioned.
(b) If one participant in a two-parent assistance unit is
determined to be ineligible for a hardship extension, the county shall
give the assistance unit the option of disqualifying the ineligible
participant from MFIP. In that case,
the assistance unit shall be treated as a one-parent assistance unit and
the assistance unit's MFIP grant shall be calculated using the shared
household standard under section 256J.08, subdivision 82a.
Sec. 54. Minnesota
Statutes 2002, section 256J.425, subdivision 1a, is amended to read:
Subd. 1a. [REVIEW.] If
a county grants a hardship extension under this section, a county agency shall
review the case every six or 12 months, whichever is appropriate based on the
participant's circumstances and the extension category. More frequent reviews shall be required
if eligibility for an extension is based on a condition that is subject
to change in less than six months.
Sec. 55. Minnesota Statutes
2002, section 256J.425, subdivision 2, is amended to read:
Subd. 2. [ILL OR
INCAPACITATED.] (a) An assistance unit subject to the time limit in section
256J.42, subdivision 1, in which any participant has received 60 counted
months of assistance, is eligible to receive months of assistance under a
hardship extension if the participant who reached the time limit belongs
to any of the following groups:
(1) participants who are suffering from a professionally
certified an illness, injury, or incapacity which has been certified
by a qualified professional when the illness, injury, or incapacity
is expected to continue for more than 30 days and which prevents the
person from obtaining or retaining employment and who are following. These participants must follow
the treatment recommendations of the health care provider qualified
professional certifying the illness, injury, or incapacity;
(2) participants whose presence in the home is required as a
caregiver because of a professionally certified the illness or
incapacity of another member in the assistance unit, a relative in the
household, or a foster child in the household and when the
illness or incapacity and the need for the participant's presence in
the home has been certified by a qualified professional and is
expected to continue for more than 30 days; or
(3) caregivers with a child or an adult in the household who
meets the disability or medical criteria for home care services under section
256B.0627, subdivision 1, paragraph (c) (f), or a home and
community-based waiver services program under chapter 256B, or meets the
criteria for severe emotional disturbance under section 245.4871, subdivision
6, or for serious and persistent mental illness under section 245.462,
subdivision 20, paragraph (c).
Caregivers in this category are presumed to be prevented from obtaining
or retaining employment.
(b) An assistance unit receiving assistance under a hardship
extension under this subdivision may continue to receive assistance as long as
the participant meets the criteria in paragraph (a), clause (1), (2), or (3).
Sec. 56. Minnesota
Statutes 2002, section 256J.425, subdivision 3, is amended to read:
Subd. 3.
[HARD-TO-EMPLOY PARTICIPANTS.] An assistance unit subject to the time
limit in section 256J.42, subdivision 1, in which any participant has
received 60 counted months of assistance, is eligible to receive months of
assistance under a hardship extension if the participant who reached the
time limit belongs to any of the following groups:
(1) a person who is diagnosed by a licensed physician,
psychological practitioner, or other qualified professional, as mentally
retarded or mentally ill, and that condition prevents the person from obtaining
or retaining unsubsidized employment;
(2) a person who:
(i) has been assessed by a vocational specialist or the county
agency to be unemployable for purposes of this subdivision; or
(ii) has an IQ below 80 who has been assessed by a vocational
specialist or a county agency to be employable, but not at a level that makes
the participant eligible for an extension under subdivision 4 or,. The determination of IQ level must be
made by a qualified professional.
In the case of a non-English-speaking person for whom it is not
possible to provide a determination due to language barriers or absence of
culturally appropriate assessment tools, is determined by a qualified
professional to have an IQ below 80. A
person is considered employable if positions of employment in the local labor
market exist, regardless of the current availability of openings for those
positions, that the person is capable of performing: (A) the determination must be made by a
qualified professional with experience conducting culturally appropriate
assessments, whenever possible; (B) the county may accept reports
that identify an IQ range as opposed to a specific score; (C) these
reports must include a statement of confidence in the results;
(3) a person who is determined by the county agency a
qualified professional to be learning disabled or, and the
disability severely limits the person's ability to obtain, perform,
or maintain suitable employment. For
purposes of the initial approval of a learning disability extension, the
determination must have been made or confirmed within the previous 12
months. In the case of a
non-English-speaking person for whom it is not possible to provide a medical
diagnosis due to language barriers or absence of culturally appropriate
assessment tools, is determined by a qualified professional to have a learning
disability. If a rehabilitation plan
for the person is developed or approved by the county agency, the plan must be
incorporated into the employment plan. However, a rehabilitation plan does not
replace the requirement to develop and comply with an employment plan under
section 256J.52. For purposes of this
section, "learning disabled" means the applicant or recipient has a
disorder in one or more of the psychological processes involved in perceiving,
understanding, or using concepts through verbal language or nonverbal
means. The disability must severely
limit the applicant or recipient in obtaining, performing, or maintaining
suitable employment. Learning disabled
does not include learning problems that are primarily the result of visual,
hearing, or motor handicaps; mental retardation; emotional disturbance; or due
to environmental, cultural, or economic disadvantage: (i) the determination must be made by a
qualified professional with experience conducting culturally appropriate
assessments, whenever possible; and (ii) these reports must include a
statement of confidence in the results.
If a rehabilitation plan for a participant extended as learning
disabled is developed or approved by the county agency, the plan must
be incorporated into the employment plan.
However, a rehabilitation plan does not replace the requirement
to develop and comply with an employment plan under section 256J.521;
or
(4) a person who is a victim of has been granted a
family violence as defined in section 256J.49, subdivision 2 waiver,
and who is participating in complying with an alternative
employment plan under section 256J.49 256J.521, subdivision 1a
3.
Sec. 57. Minnesota
Statutes 2002, section 256J.425, subdivision 4, is amended to read:
Subd. 4. [EMPLOYED
PARTICIPANTS.] (a) An assistance unit subject to the time limit under section
256J.42, subdivision 1, in which any participant has received 60 months of
assistance, is eligible to receive assistance under a hardship extension if
the participant who reached the time limit belongs to:
(1) a one-parent assistance unit in which the participant is
participating in work activities for at least 30 hours per week, of which an
average of at least 25 hours per week every month are spent participating in
employment;
(2) a two-parent assistance unit in which the participants are
participating in work activities for at least 55 hours per week, of which an
average of at least 45 hours per week every month are spent participating in
employment; or
(3) an assistance unit in which a participant is participating
in employment for fewer hours than those specified in clause (1), and the
participant submits verification from a health care provider qualified
professional, in a form acceptable to the commissioner, stating that the
number of hours the participant may work is limited due to illness or
disability, as long as the participant is participating in employment for at
least the number of hours specified by the health care provider qualified
professional. The participant must
be following the treatment recommendations of the health care provider qualified
professional providing the verification.
The commissioner shall develop a form to be completed and signed by the health
care provider qualified professional, documenting the
diagnosis and any additional information necessary to document the functional
limitations of the participant that limit work hours. If the participant is part of a two-parent assistance unit, the other
parent must be treated as a one-parent assistance unit for purposes of meeting
the work requirements under this subdivision.
(b) For purposes of this section, employment means:
(1) unsubsidized employment under section 256J.49, subdivision
13, clause (1);
(2) subsidized employment under section 256J.49, subdivision
13, clause (2);
(3) on-the-job training under section 256J.49, subdivision 13,
clause (4) (2);
(4) an apprenticeship under section 256J.49, subdivision 13,
clause (19) (1);
(5) supported work.
For purposes of this section, "supported work" means services
supporting a participant on the job which include, but are not limited to,
supervision, job coaching, and subsidized wages under section 256J.49,
subdivision 13, clause (2);
(6) a combination of clauses (1) to (5); or
(7) child care under section 256J.49, subdivision 13, clause (25)
(7), if it is in combination with paid employment.
(c) If a participant is complying with a child protection plan
under chapter 260C, the number of hours required under the child protection
plan count toward the number of hours required under this subdivision.
(d) The county shall provide the opportunity for subsidized
employment to participants needing that type of employment within available
appropriations.
(e) To be eligible for a hardship extension for employed
participants under this subdivision, a participant assistance unit fails to be in
compliance ten out of the 12 months immediately preceding the participant's
61st month, the county shall give the assistance unit the option of
disqualifying the noncompliant parent.
If the noncompliant participant is disqualified, the assistance unit
must be treated as a one-parent assistance unit for the purposes of meeting the
work requirements under this subdivision and the assistance unit's MFIP grant
shall be calculated using the shared household standard under section 256J.08,
subdivision 82a. in a one-parent
assistance unit or both parents in a two-parent assistance unit must be in
compliance for at least ten out of the 12 months immediately preceding the
participant's 61st month on assistance.
If only one parent in a two-parent
(f) The employment plan developed under section 256J.52 256J.521,
subdivision 5 2, for participants under this subdivision must
contain the number of hours specified in paragraph (a) related to employment
and work activities. The job counselor
and the participant must sign the employment plan to indicate agreement between
the job counselor and the participant on the contents of the plan.
(g) Participants who fail to meet the requirements in paragraph
(a), without good cause under section 256J.57, shall be sanctioned or
permanently disqualified under subdivision 6. Good cause may only be granted
for that portion of the month for which the good cause reason applies. Participants must meet all remaining
requirements in the approved employment plan or be subject to sanction or
permanent disqualification.
(h) If the noncompliance with an employment plan is due to the
involuntary loss of employment, the participant is exempt from the hourly
employment requirement under this subdivision for one month. Participants must meet all remaining
requirements in the approved employment plan or be subject to sanction or
permanent disqualification. This
exemption is available to one-parent assistance units a participant
two times in a 12-month period, and two-parent assistance units, two times
per parent in a 12-month period.
(i) This subdivision expires on June 30, 2004.
Sec. 58. Minnesota Statutes
2002, section 256J.425, subdivision 6, is amended to read:
Subd. 6. [SANCTIONS FOR
EXTENDED CASES.] (a) If one or both participants in an assistance unit
receiving assistance under subdivision 3 or 4 are not in compliance with the
employment and training service requirements in sections 256J.52 256J.521
to 256J.55 256J.57, the sanctions under this subdivision
apply. For a first occurrence of
noncompliance, an assistance unit must be sanctioned under section 256J.46,
subdivision 1, paragraph (d) (c), clause (1). For a second or third occurrence of
noncompliance, the assistance unit must be sanctioned under section 256J.46,
subdivision 1, paragraph (d) (c), clause (2). For a fourth occurrence of noncompliance,
the assistance unit is disqualified from MFIP. If a participant is determined
to be out of compliance, the participant may claim a good cause exception under
section 256J.57, however, the participant may not claim an exemption under
section 256J.56.
(b) If both participants in a two-parent assistance unit are
out of compliance at the same time, it is considered one occurrence of
noncompliance.
Sec. 59. Minnesota
Statutes 2002, section 256J.425, subdivision 7, is amended to read:
Subd. 7. [STATUS OF
DISQUALIFIED PARTICIPANTS.] (a) An assistance unit that is disqualified under
subdivision 6, paragraph (a), may be approved for MFIP if the participant
complies with MFIP program requirements and demonstrates compliance for up to
one month. No assistance shall be paid
during this period.
(b) An assistance unit that is disqualified under subdivision
6, paragraph (a), and that reapplies under paragraph (a) is subject to sanction
under section 256J.46, subdivision 1, paragraph (d) (c), clause
(1), for a first occurrence of noncompliance. A subsequent occurrence of noncompliance results in a permanent
disqualification.
(c) If one participant in a two-parent assistance unit
receiving assistance under a hardship extension under subdivision 3 or 4 is
determined to be out of compliance with the employment and training services
requirements under sections 256J.52 256J.521 to 256J.55 256J.57,
the county shall give the assistance unit the option of disqualifying the
noncompliant participant from MFIP. In
that case, the assistance unit shall be treated as a one-parent assistance unit
for the purposes of meeting the work requirements under subdivision 4 and the
assistance unit's MFIP grant shall be calculated using the shared household
standard under section 256J.08, subdivision 82a. An applicant who is disqualified from receiving assistance under
this paragraph may reapply under paragraph (a). If a participant is disqualified from MFIP under this subdivision
a second time, the participant is permanently disqualified from MFIP.
(d) Prior to a disqualification under this subdivision, a
county agency must review the participant's case to determine if the employment
plan is still appropriate and attempt to meet with the participant
face-to-face. If a face-to-face meeting
is not conducted, the county agency must send the participant a notice of
adverse action as provided in section 256J.31.
During the face-to-face meeting, the county agency must:
(1) determine whether the continued noncompliance can be
explained and mitigated by providing a needed preemployment activity, as
defined in section 256J.49, subdivision 13, clause (16), or services under a
local intervention grant for self-sufficiency under section 256J.625 (9);
(2) determine whether the participant qualifies for a good
cause exception under section 256J.57;
(3) inform the participant of the family violence waiver
criteria and make appropriate referrals if the waiver is requested;
(4) inform the participant of the participant's sanction
status and explain the consequences of continuing noncompliance;
(4) (5) identify other resources that may be
available to the participant to meet the needs of the family; and
(5) (6) inform the participant of the right to
appeal under section 256J.40.
Sec. 60. Minnesota
Statutes 2002, section 256J.45, subdivision 2, is amended to read:
Subd. 2. [GENERAL
INFORMATION.] The MFIP orientation must consist of a presentation that informs
caregivers of:
(1) the necessity to obtain immediate employment;
(2) the work incentives under MFIP, including the availability
of the federal earned income tax credit and the Minnesota working family tax
credit;
(3) the requirement to comply with the employment plan and
other requirements of the employment and training services component of MFIP, including
a description of the range of work and training activities that are allowable
under MFIP to meet the individual needs of participants;
(4) the consequences for failing to comply with the employment
plan and other program requirements, and that the county agency may not impose
a sanction when failure to comply is due to the unavailability of child care or
other circumstances where the participant has good cause under subdivision 3;
(5) the rights, responsibilities, and obligations of participants;
(6) the types and locations of child
care services available through the county agency;
(7) the availability and the benefits of the early childhood
health and developmental screening under sections 121A.16 to 121A.19; 123B.02,
subdivision 16; and 123B.10;
(8) the caregiver's eligibility for transition year child care
assistance under section 119B.05;
(9) the caregiver's eligibility for extended medical
assistance when the caregiver loses eligibility for MFIP due to increased
earnings or increased child or spousal support the availability
of all health care programs, including transitional medical assistance;
(10) the caregiver's option to choose an employment and
training provider and information about each provider, including but not limited
to, services offered, program components, job placement rates, job placement
wages, and job retention rates;
(11) the caregiver's option to request approval of an education
and training plan according to section 256J.52 256J.53;
(12) the work study programs available under the higher
education system; and
(13) effective October 1, 2001, information about the
60-month time limit exemption and waivers of regular employment and training
requirements for family violence victims exemptions under the
family violence waiver and referral information about shelters and programs
for victims of family violence.
Sec. 61. Minnesota
Statutes 2002, section 256J.46, subdivision 1, is amended to read:
Subdivision 1.
[PARTICIPANTS NOT COMPLYING WITH PROGRAM REQUIREMENTS.] (a) A
participant who fails without good cause under section 256J.57 to comply
with the requirements of this chapter, and who is not subject to a sanction
under subdivision 2, shall be subject to a sanction as provided in this
subdivision. Prior to the imposition of
a sanction, a county agency shall provide a notice of intent to sanction under
section 256J.57, subdivision 2, and, when applicable, a notice of adverse
action as provided in section 256J.31.
(b) A participant who fails to comply with an alternative
employment plan must have the plan reviewed by a person trained in domestic
violence and a job counselor or the county agency to determine if components of
the alternative employment plan are still appropriate. If the activities are no longer appropriate,
the plan must be revised with a person trained in domestic violence and
approved by a job counselor or the county agency. A participant who fails to
comply with a plan that is determined not to need revision will lose their exemption
and be required to comply with regular employment services activities.
(c) A sanction under this subdivision becomes effective
the month following the month in which a required notice is given. A sanction
must not be imposed when a participant comes into compliance with the
requirements for orientation under section 256J.45 or third-party liability
for medical services under section 256J.30, subdivision 10, prior to the
effective date of the sanction. A
sanction must not be imposed when a participant comes into compliance with the
requirements for employment and training services under sections 256J.49
256J.515 to 256J.55 256J.57 ten days prior to the
effective date of the sanction. For
purposes of this subdivision, each month that a participant fails to comply
with a requirement of this chapter shall be considered a separate occurrence of
noncompliance. A participant who has
had one or more sanctions imposed must remain in compliance with the provisions
of this chapter for six months in order for a subsequent occurrence of
noncompliance to be considered a first occurrence. If both participants in a two-parent
assistance unit are out of compliance at the same time, it is considered
one occurrence of noncompliance.
(d) (c) Sanctions for
noncompliance shall be imposed as follows:
(1) For the first occurrence of noncompliance by a participant
in an assistance unit, the assistance unit's grant shall be reduced by ten
percent of the MFIP standard of need for an assistance unit of the same size with
the residual grant paid to the participant.
The reduction in the grant amount must be in effect for a minimum of one
month and shall be removed in the month following the month that the
participant returns to compliance.
(2) For a second or subsequent, third, fourth, fifth,
or sixth occurrence of noncompliance by a participant in an
assistance unit, or when each of the participants in a two-parent assistance
unit have a first occurrence of noncompliance at the same time, the
assistance unit's shelter costs shall be vendor paid up to the amount of the
cash portion of the MFIP grant for which the assistance unit is eligible. At county option, the assistance unit's
utilities may also be vendor paid up to the amount of the cash portion of the
MFIP grant remaining after vendor payment of the assistance unit's shelter
costs. The residual amount of the grant
after vendor payment, if any, must be reduced by an amount equal to 30 percent
of the MFIP standard of need for an assistance unit of the same size before the
residual grant is paid to the assistance unit.
The reduction in the grant amount must be in effect for a minimum of one
month and shall be removed in the month following the month that the
participant in a one-parent assistance unit returns to compliance. In a two-parent assistance unit, the grant
reduction must be in effect for a minimum of one month and shall be removed in
the month following the month both participants return to compliance. The vendor payment of shelter costs and, if
applicable, utilities shall be removed six months after the month in which the
participant or participants return to compliance. If an assistance unit is sanctioned under this clause, the
participant's case file must be reviewed as required under paragraph (e)
to determine if the employment plan is still appropriate.
(e) When a sanction under paragraph (d), clause (2), is in
effect (d) For a seventh occurrence of noncompliance by a participant
in an assistance unit, or when the participants in a two-parent assistance
unit have a total of seven occurrences of noncompliance, the county
agency shall close the MFIP assistance unit's financial assistance case,
both the cash and food portions.
The case must remain closed for a minimum of one full month. Closure under this paragraph does not make a
participant automatically ineligible for food support, if otherwise
eligible. Before the case is closed, the county agency must review
the participant's case to determine if the employment plan is still appropriate
and attempt to meet with the participant face-to-face. The participant may bring an advocate to the
face-to-face meeting. If a face-to-face
meeting is not conducted, the county agency must send the participant a written
notice that includes the information required under clause (1).
(1) During the face-to-face meeting, the county agency must:
(i) determine whether the continued noncompliance can be
explained and mitigated by providing a needed preemployment activity, as
defined in section 256J.49, subdivision 13, clause (16), or services under a
local intervention grant for self-sufficiency under section 256J.625 (9);
(ii) determine whether the participant qualifies for a good
cause exception under section 256J.57, or if the sanction is for noncooperation
with child support requirements, determine if the participant qualifies
for a good cause exemption under section 256.741, subdivision 10;
(iii) determine whether the participant qualifies for an
exemption under section 256J.56 or the work activities in the employment
plan are appropriate based on the criteria in section 256J.521,
subdivision 2 or 3;
(iv) determine whether the participant qualifies for an
exemption from regular employment services requirements for victims of family
violence under section 256J.52, subdivision 6 determine whether the
participant qualifies for the family violence waiver;
(v) inform the participant of the participant's sanction status
and explain the consequences of continuing noncompliance;
(vi) identify other resources that may
be available to the participant to meet the needs of the family; and
(vii) inform the participant of the right to appeal under
section 256J.40.
(2) If the lack of an identified activity or service can
explain the noncompliance, the county must work with the participant to provide
the identified activity, and the county must restore the participant's grant
amount to the full amount for which the assistance unit is eligible. The grant must be restored retroactively to
the first day of the month in which the participant was found to lack
preemployment activities or to qualify for an exemption under section 256J.56,
a good cause exception under section 256J.57, or an exemption for victims of
family violence under section 256J.52, subdivision 6.
(3) If the participant is found to qualify for a good cause
exception or an exemption, the county must restore the participant's grant to
the full amount for which the assistance unit is eligible. The grant must be restored to the full
amount for which the assistance unit is eligible retroactively to the
first day of the month in which the participant was found to lack
preemployment activities or to qualify for an exemption under section
256J.56, a family violence waiver, or for a good cause exemption under
section 256.741, subdivision 10, or 256J.57.
(e) For the purpose of applying sanctions under this section,
only occurrences of noncompliance that occur after the effective date of
this section shall be considered. If
the participant is in 30 percent sanction in the month this section takes
effect, that month counts as the first occurrence for purposes of
applying the sanctions under this section, but the sanction shall remain
at 30 percent for that month.
(f) An assistance unit whose case is closed under paragraph
(d) or (g), or under an approved county option sanction plan under
section 256J.462 in effect June 30, 2003, or a county pilot project
under Laws 2000, chapter 488, article 10, section 29, in effect June 30,
2003, may reapply for MFIP and shall be eligible if the participant
complies with MFIP program requirements and demonstrates compliance for
up to one month. No assistance shall be paid during this period.
(g) An assistance unit whose case has been closed for noncompliance,
that reapplies under paragraph (f) is subject to sanction under
paragraph (c), clause (2), for a first occurrence of noncompliance. Any subsequent occurrence of noncompliance
shall result in case closure under paragraph (d).
Sec. 62. Minnesota
Statutes 2002, section 256J.46, subdivision 2, is amended to read:
Subd. 2. [SANCTIONS FOR
REFUSAL TO COOPERATE WITH SUPPORT REQUIREMENTS.] The grant of an MFIP caregiver
who refuses to cooperate, as determined by the child support enforcement
agency, with support requirements under section 256.741, shall be subject to
sanction as specified in this subdivision and subdivision 1. For a first occurrence of noncooperation,
the assistance unit's grant must be reduced by 25 30 percent of
the applicable MFIP standard of need. Subsequent
occurrences of noncooperation shall be subject to sanction under
subdivision 1, paragraphs (c), clause (2), and (d). The residual amount of the grant, if any,
must be paid to the caregiver. A
sanction under this subdivision becomes effective the first month following the
month in which a required notice is given.
A sanction must not be imposed when a caregiver comes into compliance
with the requirements under section 256.741 prior to the effective date of the
sanction. The sanction shall be removed
in the month following the month that the caregiver cooperates with the support
requirements. Each month that an MFIP
caregiver fails to comply with the requirements of section 256.741 must be
considered a separate occurrence of noncompliance for the purpose of
applying sanctions under subdivision 1, paragraphs (c), clause (2), and
(d). An MFIP caregiver who has
had one or more sanctions imposed must remain in compliance with the
requirements of section 256.741 for six months in order for a subsequent
sanction to be considered a first occurrence.
Sec. 63. Minnesota Statutes 2002, section 256J.46, subdivision 2a, is
amended to read:
Subd. 2a. [DUAL
SANCTIONS.] (a) Notwithstanding the provisions of subdivisions 1 and 2, for a
participant subject to a sanction for refusal to comply with child support
requirements under subdivision 2 and subject to a concurrent sanction for
refusal to cooperate with other program requirements under subdivision 1,
sanctions shall be imposed in the manner prescribed in this subdivision.
A participant who has had one or more sanctions imposed
under this subdivision must remain in compliance with the provisions of this
chapter for six months in order for a subsequent occurrence of noncompliance to
be considered a first occurrence.
Any vendor payment of shelter costs or utilities under this subdivision
must remain in effect for six months after the month in which the participant
is no longer subject to sanction under subdivision 1.
(b) If the participant was subject to sanction for:
(i) noncompliance under subdivision 1 before being subject to
sanction for noncooperation under subdivision 2; or
(ii) noncooperation under subdivision 2 before being subject to
sanction for noncompliance under subdivision 1, the participant is considered
to have a second occurrence of noncompliance and shall be sanctioned as
provided in subdivision 1, paragraph (d) (c), clause (2). Each subsequent occurrence of noncompliance
shall be considered one additional occurrence and shall be subject to the
applicable level of sanction under subdivision 1, paragraph (d), or section
256J.462. The requirement that the
county conduct a review as specified in subdivision 1, paragraph (e) (d),
remains in effect.
(c) A participant who first becomes subject to sanction under
both subdivisions 1 and 2 in the same month is subject to sanction as follows:
(i) in the first month of noncompliance and noncooperation, the
participant's grant must be reduced by 25 30 percent of the
applicable MFIP standard of need, with any residual amount paid to the
participant;
(ii) in the second and subsequent months of noncompliance and
noncooperation, the participant shall be subject to the applicable level of
sanction under subdivision 1, paragraph (d), or section 256J.462.
The requirement that the county conduct a review as specified
in subdivision 1, paragraph (e) (d), remains in effect.
(d) A participant remains subject to sanction under subdivision
2 if the participant:
(i) returns to compliance and is no longer subject to sanction under
subdivision 1 or section 256J.462 for noncompliance with section
256J.45 or sections 256J.515 to 256J.57; or
(ii) has the sanction under subdivision 1, paragraph (d), or
section 256J.462 for noncompliance with section 256J.45 or sections
256J.515 to 256J.57 removed upon completion of the review under subdivision
1, paragraph (e).
A participant remains subject to the applicable level of
sanction under subdivision 1, paragraph (d), or section 256J.462 if the
participant cooperates and is no longer subject to sanction under subdivision
2.
Sec. 64. Minnesota
Statutes 2002, section 256J.49, subdivision 4, is amended to read:
Subd. 4. [EMPLOYMENT
AND TRAINING SERVICE PROVIDER.] "Employment and training service
provider" means:
(1) a public, private, or nonprofit
employment and training agency certified by the commissioner of economic
security under sections 268.0122, subdivision 3, and 268.871, subdivision 1, or
is approved under section 256J.51 and is included in the county plan service
agreement submitted under section 256J.50 256J.626,
subdivision 7 4;
(2) a public, private, or nonprofit agency that is not
certified by the commissioner under clause (1), but with which a county has
contracted to provide employment and training services and which is included in
the county's plan service agreement submitted under
section 256J.50 256J.626, subdivision 7 4; or
(3) a county agency, if the county has opted to provide
employment and training services and the county has indicated that fact in the plan
service agreement submitted under section 256J.50 256J.626,
subdivision 7 4.
Notwithstanding section 268.871, an employment and training
services provider meeting this definition may deliver employment and training
services under this chapter.
Sec. 65. Minnesota
Statutes 2002, section 256J.49, subdivision 5, is amended to read:
Subd. 5. [EMPLOYMENT
PLAN.] "Employment plan" means a plan developed by the job counselor
and the participant which identifies the participant's most direct path to
unsubsidized employment, lists the specific steps that the caregiver will take
on that path, and includes a timetable for the completion of each step. The plan should also identify any
subsequent steps that support long-term economic stability. For participants who request and
qualify for a family violence waiver, an employment plan must be
developed by the job counselor, the participant, and a person trained in
domestic violence and follow the employment plan provisions in section
256J.521, subdivision 3.
Sec. 66. Minnesota
Statutes 2002, section 256J.49, is amended by adding a subdivision to read:
Subd. 6a.
[FUNCTIONAL WORK LITERACY.] "Functional work literacy"
means an intensive English as a second language program that is work
focused and offers at least 20 hours of class time per week.
Sec. 67. Minnesota
Statutes 2002, section 256J.49, subdivision 9, is amended to read:
Subd. 9. [PARTICIPANT.]
"Participant" means a recipient of MFIP assistance who participates
or is required to participate in employment and training services under
sections 256J.515 to 256J.57 and 256J.95.
Sec. 68. Minnesota
Statutes 2002, section 256J.49, is amended by adding a subdivision to read:
Subd. 12a.
[SUPPORTED WORK.] "Supported work" means a subsidized
or unsubsidized work experience placement with a public or private
sector employer, which may include services such as individualized
supervision and job coaching to support the participant on the job.
Sec. 69. Minnesota
Statutes 2002, section 256J.49, subdivision 13, is amended to read:
Subd. 13. [WORK
ACTIVITY.] "Work activity" means any activity in a participant's
approved employment plan that is tied to the participant's leads to
employment goal. For purposes of
the MFIP program, any activity that is included in a participant's approved
employment plan meets this includes activities that meet the
definition of work activity as counted under the federal
participation standards requirements of TANF. Work activity
includes, but is not limited to:
(1) unsubsidized employment, including work study and paid
apprenticeships or internships;
(2) subsidized private sector or public sector employment,
including grant diversion as specified in section 256J.69, on-the-job
training as specified in section 256J.66, the self-employment investment
demonstration program (SEID) as specified in section 256J.65, paid work
experience, and supported work when a wage subsidy is provided;
(3) unpaid work experience, including CWEP community
service, volunteer work, the community work experience program as
specified in section 256J.67, unpaid apprenticeships or internships,
and including work associated with the refurbishing of publicly assisted
housing if sufficient private sector employment is not available supported
work when a wage subsidy is not provided;
(4) on-the-job training as specified in section 256J.66 job
search including job readiness assistance, job clubs, job placement,
job-related counseling, and job retention services;
(5) job search, either supervised or unsupervised;
(6) job readiness assistance;
(7) job clubs, including job search workshops;
(8) job placement;
(9) job development;
(10) job-related counseling;
(11) job coaching;
(12) job retention services;
(13) job-specific training or education;
(14) job skills training directly related to employment;
(15) the self-employment investment demonstration (SEID), as
specified in section 256J.65;
(16) preemployment activities, based on availability and
resources, such as volunteer work, literacy programs and related activities,
citizenship classes, English as a second language (ESL) classes as limited by
the provisions of section 256J.52, subdivisions 3, paragraph (d), and 5,
paragraph (c), or participation in dislocated worker services, chemical
dependency treatment, mental health services, peer group networks, displaced
homemaker programs, strength-based resiliency training, parenting education, or
other programs designed to help families reach their employment goals and
enhance their ability to care for their children;
(17) community service programs;
(18) vocational educational training or educational programs
that can reasonably be expected to lead to employment, as limited by the
provisions of section 256J.53;
(19) apprenticeships;
(20) satisfactory attendance in general educational
development diploma classes or an adult diploma program;
(21) satisfactory attendance at secondary school, if the
participant has not received a high school diploma;
(22) adult basic education classes;
(23) internships;
(24) bilingual employment and training services;
(25) providing child care services to a participant who is
working in a community service program; and
(26) activities included in an alternative employment plan
that is developed under section 256J.52, subdivision 6.
(5) job readiness education, including English as a second
language (ESL) or functional work literacy classes as limited by the provisions
of section 256J.531, subdivision 2, general educational development
(GED) course work, high school completion, and adult basic education as
limited by the provisions of section 256J.531, subdivision 1;
(6) job skills training directly related to employment, including
education and training that can reasonably be expected to lead to
employment, as limited by the provisions of section 256J.53;
(7) providing child care services to a participant who is
working in a community service program;
(8) activities included in the employment plan that is developed
under section 256J.521, subdivision 3; and
(9) preemployment activities including chemical and mental
health assessments, treatment, and services; learning disabilities
services; child protective services; family stabilization services; or
other programs designed to enhance employability.
Sec. 70. Minnesota
Statutes 2002, section 256J.50, subdivision 1, is amended to read:
Subdivision 1.
[EMPLOYMENT AND TRAINING SERVICES COMPONENT OF MFIP.] (a) By January
1, 1998, Each county must develop and implement provide an
employment and training services component of MFIP which is designed to
put participants on the most direct path to unsubsidized employment. Participation in these services is mandatory
for all MFIP caregivers, unless the caregiver is exempt under section 256J.56.
(b) A county must provide employment and training services
under sections 256J.515 to 256J.74 within 30 days after the caregiver's
participation becomes mandatory under subdivision 5 or within 30 days of
receipt of a request for services from a caregiver who under section 256J.42 is
no longer eligible to receive MFIP but whose income is below 120 percent of the
federal poverty guidelines for a family of the same size. The request must be made within 12 months of
the date the caregivers' MFIP case was closed caregiver is determined
eligible for MFIP, or within five days when the caregiver participated
in the diversionary work program under section 256J.95 within the past
12 months.
Sec. 71. Minnesota
Statutes 2002, section 256J.50, subdivision 8, is amended to read:
Subd. 8. [COUNTY DUTY
TO ENSURE EMPLOYMENT AND TRAINING CHOICES FOR PARTICIPANTS.] Each county, or
group of counties working cooperatively, shall make available to participants
the choice of at least two employment and training service providers as defined
under section 256J.49, subdivision 4, except in counties utilizing workforce
centers that use multiple employment and training services, offer multiple
services options under a collaborative effort and can document that
participants have choice among employment and training services designed to
meet specialized needs. The
requirements of this subdivision do not apply to the diversionary work program
under section 256J.95.
Sec. 72. Minnesota
Statutes 2002, section 256J.50, subdivision 9, is amended to read:
Subd. 9. [EXCEPTION;
FINANCIAL HARDSHIP.] Notwithstanding subdivision 8, a county that explains in
the plan service agreement required under section
256J.626, subdivision 7 4, that the provision of alternative
employment and training service providers would result in financial hardship
for the county is not required to make available more than one employment and
training provider.
Sec. 73. Minnesota
Statutes 2002, section 256J.50, subdivision 10, is amended to read:
Subd. 10. [REQUIRED
NOTIFICATION TO VICTIMS OF FAMILY VIOLENCE.] (a) County agencies and
their contractors must provide universal notification to all applicants and recipients
of MFIP that:
(1) referrals to counseling and supportive services are
available for victims of family violence;
(2) nonpermanent resident battered individuals married to
United States citizens or permanent residents may be eligible to petition for
permanent residency under the federal Violence Against Women Act, and that
referrals to appropriate legal services are available;
(3) victims of family violence are exempt from the 60-month
limit on assistance while the individual is if they are complying
with an approved safety plan or, after October 1, 2001, an alternative
employment plan, as defined in under section 256J.49 256J.521,
subdivision 1a 3; and
(4) victims of family violence may choose to have regular work
requirements waived while the individual is complying with an alternative
employment plan as defined in under section 256J.49 256J.521,
subdivision 1a 3.
(b) If an alternative employment plan under
section 256J.521, subdivision 3, is denied, the county or a job
counselor must provide reasons why the plan is not approved and document how
the denial of the plan does not interfere with the safety of the participant or
children.
Notification must be in writing and orally at the time of
application and recertification, when the individual is referred to the title
IV-D child support agency, and at the beginning of any job training or work
placement assistance program.
Sec. 74. Minnesota
Statutes 2002, section 256J.51, subdivision 1, is amended to read:
Subdivision 1. [PROVIDER
APPLICATION.] An employment and training service provider that is not included
in a county's plan service agreement under section 256J.50
256J.626, subdivision 7 4, because the county has
demonstrated financial hardship under section 256J.50, subdivision 9 of
that section, may appeal its exclusion to the commissioner of economic
security under this section.
Sec. 75. Minnesota
Statutes 2002, section 256J.51, subdivision 2, is amended to read:
Subd. 2. [APPEAL;
ALTERNATE APPROVAL.] (a) An employment and training service provider that is
not included by a county agency in the plan service agreement
under section 256J.50 256J.626, subdivision 7 4,
and that meets the criteria in paragraph (b), may appeal its exclusion to the
commissioner of economic security, and may request alternative approval by the
commissioner of economic security to provide services in the county.
(b) An employment and training services provider that is
requesting alternative approval must demonstrate to the commissioner that the
provider meets the standards specified in section 268.871, subdivision 1,
paragraph (b), except that the provider's past experience may be in services
and programs similar to those specified in section 268.871, subdivision 1,
paragraph (b).
Sec. 76. Minnesota
Statutes 2002, section 256J.51, subdivision 3, is amended to read:
Subd. 3.
[COMMISSIONER'S REVIEW.] (a) The commissioner must act on a request for
alternative approval under this section within 30 days of the receipt of the
request. If after reviewing the
provider's request, and the county's plan service agreement
submitted under section 256J.50 256J.626, subdivision 7 4,
the commissioner determines that the provider meets the criteria under
subdivision 2, paragraph (b), and that approval of the provider would not cause
financial hardship to the county, the county must submit a revised plan service
agreement under subdivision 4 that includes the approved provider.
(b) If the commissioner determines that the approval of the
provider would cause financial hardship to the county, the commissioner must
notify the provider and the county of this determination. The alternate approval process under this
section shall be closed to other requests for alternate approval to provide
employment and training services in the county for up to 12 months from the
date that the commissioner makes a determination under this paragraph.
Sec. 77. Minnesota
Statutes 2002, section 256J.51, subdivision 4, is amended to read:
Subd. 4. [REVISED PLAN
SERVICE AGREEMENT REQUIRED.] The commissioner of economic security must
notify the county agency when the commissioner grants an alternative approval
to an employment and training service provider under subdivision 2. Upon
receipt of the notice, the county agency must submit a revised plan service
agreement under section 256J.50 256J.626, subdivision 7
4, that includes the approved provider.
The county has 90 days from the receipt of the commissioner's notice to
submit the revised plan service agreement.
Sec. 78. [256J.521]
[ASSESSMENT; EMPLOYMENT PLANS.]
Subdivision 1.
[ASSESSMENTS.] (a) For purposes of MFIP employment services,
assessment is a continuing process of gathering information related to
employability for the purpose of identifying both participant's
strengths and strategies for coping with issues that interfere with
employment. The job counselor
must use information from the assessment process to develop and update
the employment plan under subdivision 2.
(b) The scope of assessment must cover at least the following
areas:
(1) basic information about the participant's ability to
obtain and retain employment, including:
a review of the participant's education level; interests, skills,
and abilities; prior employment or work experience; transferable work
skills; child care and transportation needs;
(2) identification of personal and family circumstances that
impact the participant's ability to obtain and retain employment,
including: any special needs of the
children, the level of English proficiency, family violence issues, and
any involvement with social services or the legal system;
(3) the results of a mental and chemical health screening
tool designed by the commissioner and results of the brief screening
tool for special learning needs.
Screening for mental and chemical health and special learning
needs must be completed by participants who are unable to find suitable
employment after six weeks of job search under subdivision 2, paragraph
(b), and participants who are determined to have barriers to employment
under subdivision 2, paragraph (d).
Failure to complete the screens will result in sanction under
section 256J.46; and
(4) a comprehensive review of participation and progress
for participants who have received MFIP assistance and have not worked
in unsubsidized employment during the past 12 months. The purpose of the
review is to determine the need for additional services and supports,
including placement in subsidized employment or unpaid work experience
under section 256J.49, subdivision 13.
(c) Information gathered during a caregiver's
participation in the diversionary work program under section 256J.95
must be incorporated into the assessment process.
(d) The job counselor may require the participant to complete
a professional chemical use assessment to be performed according to the
rules adopted under section 254A.03, subdivision 3, including provisions
in the administrative rules which recognize the cultural background of
the participant, or a professional psychological assessment as a
component of the assessment process, when the job counselor has a
reasonable belief, based on objective evidence, that a participant's
ability to obtain and retain suitable employment is impaired by a
medical condition. The job counselor
may assist the participant with arranging services, including child care
assistance and transportation, necessary to meet needs identified by
the assessment. Data gathered as part
of a professional assessment must be classified and disclosed according
to the provisions in section 13.46.
Subd. 2.
[EMPLOYMENT PLAN; CONTENTS.] (a) Based on the assessment under
subdivision 1, the job counselor and the participant must develop an
employment plan that includes participation in activities and hours that
meet the requirements of section 256J.55, subdivision 1. The purpose of the employment plan is
to identify for each participant the most direct path to unsubsidized
employment and any subsequent steps that support long-term economic
stability. The employment plan should
be developed using the highest level of activity appropriate for the
participant. Activities must be chosen
from clauses (1) to (6), which are listed in order of preference. The
employment plan must also list the specific steps the participant will
take to obtain employment, including steps necessary for the participant
to progress from one level of activity to another, and a timetable for
completion of each step. Levels
of activity include:
(1) unsubsidized employment;
(2) job search;
(3) subsidized employment or unpaid work experience;
(4) unsubsidized employment and job readiness education or
job skills training;
(5) unsubsidized employment or unpaid work experience, and
activities related to a family violence waiver or preemployment needs;
and
(6) activities related to a family violence waiver or preemployment
needs.
(b) Participants who are determined able to work in unsubsidized
employment must job search at least 30 hours per week for up to six
weeks, and accept any offer of suitable employment. The remaining hours necessary to meet the
requirements of section 256J.55, subdivision 1, may be met through
participation in other work activities under section 256J.49,
subdivision 13. The participant's
employment plan must specify, at a minimum: (1) whether the job search is supervised or unsupervised;
(2) support services that will be provided; and (3) how frequently the
participant must report to the job counselor. Participants who are unable to find suitable employment
after six weeks must meet with the job counselor to determine whether
other activities in paragraph (a) should be incorporated into the
employment plan. Job search activities
which are continued after six weeks must be structured and supervised.
(c) Beginning July 1, 2004, activities and hourly requirements
in the employment plan may be adjusted as necessary to accommodate the
personal and family circumstances of participants identified under
section 256J.561, subdivision 2, paragraph (d). Participants who no longer meet the
provisions of section 256J.561, subdivision 2, paragraph (d), must meet
with the job counselor within ten days of the determination to revise
the employment plan.
(d) Participants who are determined
to have barriers to obtaining or retaining employment that will not be
overcome during six weeks of job search under paragraph (b) must work
with the job counselor to develop an employment plan that addresses
those barriers by incorporating appropriate activities from paragraph (a),
clauses (1) to (6). The employment plan
must include enough hours to meet the participation requirements in
section 256J.55, subdivision 1, unless a compelling reason to require
fewer hours is noted in the participant's file.
(e) The job counselor and the participant must sign the employment
plan to indicate agreement on the contents.
Failure to develop or comply with activities in the plan, or
voluntarily quitting suitable employment without good cause, will result
in the imposition of a sanction under section 256J.46.
(f) Employment plans must be reviewed at least every three
months to determine whether activities and hourly requirements should
be revised.
Subd. 3.
[EMPLOYMENT PLAN; FAMILY VIOLENCE WAIVER.] (a) A participant
who requests and qualifies for a family violence waiver shall develop or
revise the employment plan as specified in this subdivision with a job
counselor or county, and a person trained in domestic violence. The revised or new employment plan
must be approved by the county or the job counselor. The plan may address safety, legal, or emotional issues,
and other demands on the family as a result of the family violence. Information
in section 256J.515, clauses (1) to (8), must be included as part of the
development of the plan.
(b) The primary goal of an employment plan developed under
this subdivision is to ensure the safety of the caregiver and children. To the extent it is consistent with ensuring
safety, the plan shall also include activities that are designed to lead
to economic stability. An activity
is inconsistent with ensuring safety if, in the opinion of a person
trained in domestic violence, the activity would endanger the safety of
the participant or children. A
plan under this subdivision may not automatically include a provision
that requires a participant to obtain an order for protection or to
attend counseling.
(c) If at any time there is a disagreement over whether the
activities in the plan are appropriate or the participant is not complying
with activities in the plan under this subdivision, the participant must
receive the assistance of a person trained in domestic violence to help
resolve the disagreement or noncompliance with the county or job
counselor. If the person trained
in domestic violence recommends that the activities are still
appropriate, the county or a job counselor must approve the activities
in the plan or provide written reasons why activities in the plan are
not approved and document how denial of the activities do not endanger
the safety of the participant or children.
Subd. 4.
[SELF-EMPLOYMENT.] (a) Self-employment activities may be
included in an employment plan contingent on the development of a
business plan which establishes a timetable and earning goals that will
result in the participant exiting MFIP assistance. Business plans must be developed with
assistance from an individual or organization with expertise in small
business as approved by the job counselor.
(b) Participants with an approved plan that includes self-employment
must meet the participation requirements in section 256J.55, subdivision
1. Only hours where the participant
earns at least minimum wage shall be counted toward the
requirement. Additional activities and
hours necessary to meet the participation requirements in section
256J.55, subdivision 1, must be included in the employment plan.
(c) Employment plans which include self-employment activities
must be reviewed every three months.
Participants who fail, without good cause, to make satisfactory
progress as established in the business plan must revise the employment
plan to replace the self-employment with other approved work activities.
(d) The requirements of this subdivision may be waived for
participants who are enrolled in the self-employment investment demonstration
program (SEID) under section 256J.65, and who make satisfactory progress
as determined by the job counselor and the SEID provider.
Subd. 5. [TRANSITION FROM THE DIVERSIONARY WORK
PROGRAM.] Participants who become eligible for MFIP assistance after
completing the diversionary work program under section 256J.95 must
comply with all requirements of subdivisions 1 and 2. Participants who become eligible for MFIP
assistance after being determined unable to benefit from the
diversionary work program must comply with the requirements of
subdivisions 1 and 2, with the exception of subdivision 2, paragraph
(b).
Subd. 6. [LOSS
OF EMPLOYMENT.] Participants who are laid off, quit with good cause,
or are terminated from employment through no fault of their own must
meet with the job counselor within ten working days to ascertain the
reason for the job loss and to revise the employment plan as necessary
to address the problem.
Sec. 79. Minnesota
Statutes 2002, section 256J.53, subdivision 1, is amended to read:
Subdivision 1. [LENGTH
OF PROGRAM.] (a) In order for a post-secondary education or training
program to be an approved work activity as defined in section 256J.49,
subdivision 13, clause (18) (6), it must be a program lasting 24
12 months or less, and the participant must meet the requirements of
subdivisions 2 and, 3, and 5.
(b) The 12 months of allowable postsecondary education or
training may be used to complete the final 12 months of a longer program,
provided the program does not exceed the undergraduate level.
(c) All course work must be completed within 18 months of
enrollment in the program.
Sec. 80. Minnesota
Statutes 2002, section 256J.53, subdivision 2, is amended to read:
Subd. 2. [DOCUMENTATION
SUPPORTING PROGRAM APPROVAL OF POSTSECONDARY EDUCATION OR
TRAINING.] (a) In order for a post-secondary education or training
program to be an approved activity in a participant's an
employment plan, the participant or the employment and training service
provider must provide documentation that: be working in
unsubsidized employment at least 25 hours per week.
(b) Participants seeking approval of a postsecondary education
or training plan must provide documentation that:
(1) the participant's employment plan identifies
specific goals that goal can only be met with the additional
education or training;
(2) there are suitable employment opportunities that require
the specific education or training in the area in which the participant resides
or is willing to reside;
(3) the education or training will result in significantly
higher wages for the participant than the participant could earn without the
education or training;
(4) the participant can meet the requirements for admission
into the program; and
(5) there is a reasonable expectation that the participant will
complete the training program based on such factors as the participant's MFIP
assessment, previous education, training, and work history; current motivation;
and changes in previous circumstances.
(c) The hourly unsubsidized employment requirement may be
reduced for intensive education or training programs lasting 12 weeks
or less when full-time attendance is required.
(d) Participants with an approved employment plan in place
on July 1, 2003, which includes more than 12 months of postsecondary
education or training shall be allowed to complete that plan provided
that hourly requirements in section 256J.55, subdivision 1, and
conditions specified in paragraph (b), and subdivisions 3 and 5 are met.
Sec. 81. Minnesota Statutes 2002, section 256J.53, subdivision 5, is
amended to read:
Subd. 5. [JOB SEARCH
AFTER COMPLETION OF WORK ACTIVITY REQUIREMENTS AFTER POSTSECONDARY
EDUCATION OR TRAINING.] If a participant's employment plan includes a
post-secondary educational or training program, the plan must include an
anticipated completion date for those activities. At the time the education or training is completed, the
participant must participate in job search.
If, after three months of job search, the participant does not find a
job that is consistent with the participant's employment goal, the participant
must accept any offer of suitable employment. Upon completion of an approved education or training
program, a participant who does not meet the participation requirements
in section 256J.55, subdivision 1, through unsubsidized employment must
participate in job search. If,
after six weeks of job search, the participant does not find a full-time
job consistent with the employment goal, the participant must accept any
offer of full-time suitable employment, or meet with the job counselor
to revise the employment plan to include additional work activities necessary
to meet hourly requirements.
Sec. 82. [256J.531]
[BASIC EDUCATION; ENGLISH AS A SECOND LANGUAGE.]
Subdivision 1.
[APPROVAL OF ADULT BASIC EDUCATION.] With the exception of
classes related to obtaining a general educational development
credential (GED), a participant must have reading or mathematics
proficiency below a ninth grade level in order for adult basic education
classes to be an approved work activity. The employment plan must also specify that the participant
fulfill no more than one-half of the participation requirements in
section 256J.55, subdivision 1, through attending adult basic
educational or general educational development classes.
Subd. 2.
[APPROVAL OF ENGLISH AS A SECOND LANGUAGE.] In order for
English as a second language (ESL) classes to be an approved work
activity in an employment plan, a participant must be below a spoken
language proficiency level of SPL6 or its equivalent, as measured by a
nationally recognized test. In approving
ESL as a work activity, the job counselor must give preference to
enrollment in a functional work literacy program, if one is available,
over a regular ESL program. A
participant may not be approved for more than a combined total of 24
months of ESL classes while participating in the diversionary work program
and the employment and training services component of MFIP. The employment plan must also specify that
the participant fulfill no more than one-half of the participation requirements
in section 256J.55, subdivision 1, through attending ESL classes.
Sec. 83. Minnesota
Statutes 2002, section 256J.54, subdivision 1, is amended to read:
Subdivision 1.
[ASSESSMENT OF EDUCATIONAL PROGRESS AND NEEDS.] (a) The county
agency must document the educational level of each MFIP caregiver who is under
the age of 20 and determine if the caregiver has obtained a high school diploma
or its equivalent. If the caregiver has
not obtained a high school diploma or its equivalent, and is not exempt from
the requirement to attend school under subdivision 5, the county agency
must complete an individual assessment for the caregiver unless the
caregiver is exempt from the requirement to attend school under
subdivision 5 or has chosen to have an employment plan under section
256J.521, subdivision 2, as allowed in paragraph (b). The assessment must be performed as soon as
possible but within 30 days of determining MFIP eligibility for the
caregiver. The assessment must provide
an initial examination of the caregiver's educational progress and needs,
literacy level, child care and supportive service needs, family circumstances,
skills, and work experience. In the
case of a caregiver under the age of 18, the assessment must also consider the
results of either the caregiver's or the caregiver's minor child's child and
teen checkup under Minnesota Rules, parts 9505.0275 and 9505.1693 to 9505.1748,
if available, and the effect of a child's development and educational needs on
the caregiver's ability to participate in the program. The county agency must advise the caregiver
that the caregiver's first goal must be to complete an appropriate educational
education option if one is identified for the caregiver through the
assessment and, in consultation with educational agencies, must review the
various school completion options with the caregiver and assist in selecting
the most appropriate option.
(b) The county agency must give a
caregiver, who is age 18 or 19 and has not obtained a high school
diploma or its equivalent, the option to choose an employment plan with
an education option under subdivision 3 or an employment plan under section
256J.521, subdivision 2.
Sec. 84. Minnesota
Statutes 2002, section 256J.54, subdivision 2, is amended to read:
Subd. 2.
[RESPONSIBILITY FOR ASSESSMENT AND EMPLOYMENT PLAN.] For caregivers who
are under age 18 without a high school diploma or its equivalent, the
assessment under subdivision 1 and the employment plan under subdivision 3 must
be completed by the social services agency under section 257.33. For caregivers who are age 18 or 19 without
a high school diploma or its equivalent who choose to have an employment
plan with an education option under subdivision 3, the assessment
under subdivision 1 and the employment plan under subdivision 3 must be
completed by the job counselor or, at county option, by the social services
agency under section 257.33. Upon
reaching age 18 or 19 a caregiver who received social services under section
257.33 and is without a high school diploma or its equivalent has the option to
choose whether to continue receiving services under the caregiver's plan from
the social services agency or to utilize an MFIP employment and training
service provider. The social services
agency or the job counselor shall consult with representatives of educational
agencies that are required to assist in developing educational plans under
section 124D.331.
Sec. 85. Minnesota
Statutes 2002, section 256J.54, subdivision 3, is amended to read:
Subd. 3. [EDUCATIONAL
EDUCATION OPTION DEVELOPED.] If the job counselor or county social
services agency identifies an appropriate educational education
option for a minor caregiver under the age of 20 without a high
school diploma or its equivalent, or a caregiver age 18 or 19 without a high
school diploma or its equivalent who chooses an employment plan with an
education option, the job counselor or agency must develop an employment
plan which reflects the identified option.
The plan must specify that participation in an educational activity is
required, what school or educational program is most appropriate, the services
that will be provided, the activities the caregiver will take part in,
including child care and supportive services, the consequences to the caregiver
for failing to participate or comply with the specified requirements, and the
right to appeal any adverse action. The
employment plan must, to the extent possible, reflect the preferences of the
caregiver.
Sec. 86. Minnesota
Statutes 2002, section 256J.54, subdivision 5, is amended to read:
Subd. 5. [SCHOOL
ATTENDANCE REQUIRED.] (a) Notwithstanding the provisions of section 256J.56,
minor parents, or 18- or 19-year-old parents without a high school diploma or
its equivalent who chooses an employment plan with an education option
must attend school unless:
(1) transportation services needed to enable the caregiver to
attend school are not available;
(2) appropriate child care services needed to enable the
caregiver to attend school are not available;
(3) the caregiver is ill or incapacitated seriously enough to
prevent attendance at school; or
(4) the caregiver is needed in the home because of the illness
or incapacity of another member of the household. This includes a caregiver of a child who is younger than six
weeks of age.
(b) The caregiver must be enrolled in a secondary school and
meeting the school's attendance requirements.
The county, social service agency, or job counselor must verify at least
once per quarter that the caregiver is meeting the school's attendance
requirements. An enrolled caregiver is
considered to be meeting the attendance requirements when the school is not in
regular session, including during holiday and summer breaks.
Sec. 87. [256J.545]
[FAMILY VIOLENCE WAIVER CRITERIA.]
(a) In order to qualify for a family violence waiver, an
individual must provide documentation of past or current family violence
which may prevent the individual from participating in certain
employment activities. A claim of
family violence must be documented by the applicant or participant
providing a sworn statement which is supported by collateral
documentation.
(b) Collateral documentation may consist of:
(1) police, government agency, or court records;
(2) a statement from a battered women's shelter staff with
knowledge of the circumstances or credible evidence that supports the
sworn statement;
(3) a statement from a sexual assault or domestic violence
advocate with knowledge of the circumstances or credible evidence
that supports the sworn statement;
(4) a statement from professionals from whom the applicant
or recipient has sought assistance for the abuse; or
(5) a sworn statement from any other individual with knowledge
of circumstances or credible evidence that supports the sworn statement.
Sec. 88. Minnesota
Statutes 2002, section 256J.55, subdivision 1, is amended to read:
Subdivision 1. [COMPLIANCE
WITH JOB SEARCH OR EMPLOYMENT PLAN; SUITABLE EMPLOYMENT PARTICIPATION
REQUIREMENTS.] (a) Each MFIP participant must comply with the terms of
the participant's job search support plan or employment plan. When the participant has completed the steps
listed in the employment plan, the participant must comply with section
256J.53, subdivision 5, if applicable, and then the participant must not refuse
any offer of suitable employment. The
participant may choose to accept an offer of suitable employment before the
participant has completed the steps of the employment plan.
(b) For a participant under the age of 20 who is without a
high school diploma or general educational development diploma, the requirement
to comply with the terms of the employment plan means the participant must meet
the requirements of section 256J.54.
(c) Failure to develop or comply with a job search support
plan or an employment plan, or quitting suitable employment without good cause,
shall result in the imposition of a sanction as specified in sections 256J.46
and 256J.57.
(a) All caregivers must participate in employment services
under sections 256J.515 to 256J.57 concurrent with receipt of MFIP
assistance.
(b) Until July 1, 2004, participants who meet the requirements
of section 256J.56 are exempt from participation requirements.
(c) Participants under paragraph (a) must develop and comply
with an employment plan under section 256J.521, or section 256J.54 in
the case of a participant under the age of 20 who has not obtained a
high school diploma or its equivalent.
(d) With the exception of participants under the age of
20 who must meet the education requirements of section 256J.54, all participants
must meet the hourly participation requirements of TANF or the hourly
requirements listed in clauses (1) to (3), whichever is higher.
(1) In single-parent families with no children under six
years of age, the job counselor and the caregiver must develop an
employment plan that includes 30 to 35 hours per week of work activities.
(2) In single-parent families with a child under six years
of age, the job counselor and the caregiver must develop an employment
plan that includes 20 to 35 hours per week of work activities.
(3) In two-parent families, the job counselor and the caregivers
must develop employment plans which result in a combined total of at
least 55 hours per week of work activities.
(e) Failure to participate in employment services, including
the requirement to develop and comply with an employment plan, including
hourly requirements, without good cause under section 256J.57, shall
result in the imposition of a sanction under section 256J.46.
Sec. 89. Minnesota
Statutes 2002, section 256J.55, subdivision 2, is amended to read:
Subd. 2. [DUTY TO
REPORT.] The participant must inform the job counselor within three ten
working days regarding any changes related to the participant's employment
status.
Sec. 90. Minnesota
Statutes 2002, section 256J.56, is amended to read:
256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT;
EXEMPTIONS.]
(a) An MFIP participant is exempt from the requirements of
sections 256J.52 256J.515 to 256J.55 256J.57 if the
participant belongs to any of the following groups:
(1) participants who are age 60 or older;
(2) participants who are suffering from a professionally
certified permanent or temporary illness, injury, or incapacity which has
been certified by a qualified professional when the illness, injury, or
incapacity is expected to continue for more than 30 days and which
prevents the person from obtaining or retaining employment. Persons in this category with a temporary
illness, injury, or incapacity must be reevaluated at least quarterly;
(3) participants whose presence in the home is required as a
caregiver because of a professionally certified the illness or
incapacity of another member in the assistance unit, a relative in the
household, or a foster child in the household and when the
illness or incapacity and the need for the participant's presence in
the home has been certified by a qualified professional and is
expected to continue for more than 30 days;
(4) women who are pregnant, if the pregnancy has resulted in a
professionally certified an incapacity that prevents the woman from
obtaining or retaining employment, and the incapacity has been
certified by a qualified professional;
(5) caregivers of a child under the age of one year who
personally provide full-time care for the child. This exemption may be used for only 12 months in a lifetime. In two-parent households, only one parent or
other relative may qualify for this exemption;
(6) participants experiencing a personal or family crisis that
makes them incapable of participating in the program, as determined by the
county agency. If the participant does
not agree with the county agency's determination, the participant may seek professional
certification from a qualified professional, as defined in
section 256J.08, that the participant is incapable of participating in the
program.
Persons in this exemption category must be reevaluated
every 60 days. A personal or family
crisis related to family violence, as determined by the county or a job
counselor with the assistance of a person trained in domestic violence, should
not result in an exemption, but should be addressed through the development or
revision of an alternative employment plan under section 256J.52 256J.521,
subdivision 6 3; or
(7) caregivers with a child or an adult in the household who
meets the disability or medical criteria for home care services under section
256B.0627, subdivision 1, paragraph (c) (f), or a home and
community-based waiver services program under chapter 256B, or meets the
criteria for severe emotional disturbance under section 245.4871, subdivision
6, or for serious and persistent mental illness under section 245.462,
subdivision 20, paragraph (c).
Caregivers in this exemption category are presumed to be prevented from
obtaining or retaining employment.
A caregiver who is exempt under clause (5) must enroll in and
attend an early childhood and family education class, a parenting class, or
some similar activity, if available, during the period of time the caregiver is
exempt under this section. Notwithstanding section 256J.46, failure to attend
the required activity shall not result in the imposition of a sanction.
(b) The county agency must provide employment and training
services to MFIP participants who are exempt under this section, but who
volunteer to participate. Exempt
volunteers may request approval for any work activity under section 256J.49,
subdivision 13. The hourly
participation requirements for nonexempt participants under section 256J.50
256J.55, subdivision 5 1, do not apply to exempt participants
who volunteer to participate.
(c) This section expires on June 30, 2004.
Sec. 91. [256J.561]
[UNIVERSAL PARTICIPATION REQUIRED.]
Subdivision 1.
[IMPLEMENTATION OF UNIVERSAL PARTICIPATION REQUIREMENTS.] (a) All
caregivers whose applications were received July 1, 2004, or after, are
immediately subject to the requirements in subdivision 2.
(b) For all MFIP participants who were exempt from participating
in employment services under section 256J.56 as of June 30, 2004,
between July 1, 2004, and June 30, 2005, the county, as part of the
participant's recertification under section 256J.32, subdivision 6,
shall determine whether a new employment plan is required to meet the
requirements in subdivision 2.
Counties shall notify each participant who is in need of an
employment plan that the participant must meet with a job counselor
within ten days to develop an employment plan. Until a participant's
employment plan is developed, the participant shall be considered in
compliance with the participation requirements in this section if the
participant continues to meet the criteria for an exemption under
section 256J.56 as in effect on June 30, 2004, and is cooperating in the
development of the new plan.
Subd. 2.
[PARTICIPATION REQUIREMENTS.] (a) All MFIP caregivers, except
caregivers who meet the criteria in subdivision 3, must participate in
employment services. Except as
specified in paragraphs (b) to (d), the employment plan must meet the
requirements of section 256J.521, subdivision 2, contain allowable work
activities, as defined in section 256J.49, subdivision 13, and, include
at a minimum, the number of participation hours required under section
256J.55, subdivision 1.
(b) Minor caregivers and caregivers who are less than age
20 who have not completed high school or obtained a GED are required
to comply with section 256J.54.
(c) A participant who has a family violence waiver shall
develop and comply with an employment plan under section 256J.521,
subdivision 3.
(d) As specified in section 256J.521, subdivision 2,
paragraph (c), a participant who meets any one of the following criteria
may work with the job counselor to develop an employment plan that
contains less than the number of participation hours under section
256J.55, subdivision 1. Employment plans for participants covered under
this paragraph must be tailored to recognize the special circumstances
of caregivers and families including limitations due to illness or disability
and caregiving needs:
(1) a participant who is age 60 or older;
(2) a participant who has been diagnosed by a qualified professional
as suffering from an illness or incapacity that is expected to last for
30 days or more, including a pregnant participant who is determined to
be unable to obtain or retain employment due to the pregnancy; or
(3) a participant who is determined by a qualified professional
as being needed in the home to care for an ill or incapacitated family
member, including caregivers with a child or an adult in the household
who meets the disability or medical criteria for home care services
under section 256B.0627, subdivision 1, paragraph (f), or a home and
community-based waiver services program under chapter 256B, or meets the
criteria for severe emotional disturbance under section 245.4871,
subdivision 6, or for serious and persistent mental illness under
section 245.462, subdivision 20, paragraph (c).
(e) For participants covered under paragraphs (c) and (d),
the county shall review the participant's employment services status
every three months to determine whether conditions have changed. When it is determined that the participant's
status is no longer covered under paragraph (c) or (d), the county shall
notify the participant that a new or revised employment plan is needed. The participant and job counselor shall meet
within ten days of the determination to revise the employment plan.
Subd. 3. [CHILD
UNDER 12 WEEKS OF AGE.] (a) A participant who has a natural born
child who is less than 12 weeks of age who meets the criteria in clauses
(1) and (2) is not required to participate in employment services until
the child reaches 12 weeks of age.
To be eligible for this provision, the following conditions must
be met:
(1) the child must have been born within ten months of the
caregiver's application for the diversionary work program or MFIP;
and
(2) the assistance unit must not have already used this provision
or the previously allowed child under age one exemption. However, an assistance unit that has an
approved child under age one exemption at the time this provision
becomes effective may continue to use that exemption until the child
reaches one year of age.
(b) The provision in paragraph (a) ends the first full month
after the child reaches 12 weeks of age.
This provision is available only once in a caregiver's
lifetime. In a two-parent
household, only one parent shall be allowed to use this provision. The participant and job counselor must meet
within ten days after the child reaches 12 weeks of age to revise the
participant's employment plan.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 92. Minnesota
Statutes 2002, section 256J.57, is amended to read:
256J.57 [GOOD CAUSE; FAILURE TO COMPLY; NOTICE; CONCILIATION
CONFERENCE.]
Subdivision 1. [GOOD
CAUSE FOR FAILURE TO COMPLY.] The county agency shall not impose the sanction
under section 256J.46 if it determines that the participant has good cause for
failing to comply with the requirements of sections 256J.52 256J.515
to 256J.55 256J.57. Good
cause exists when:
(1) appropriate child care is not available;
(2) the job does not meet the definition of suitable
employment;
(3) the participant is ill or injured;
(4) a member of the assistance unit, a relative in the household,
or a foster child in the household is ill and needs care by the participant
that prevents the participant from complying with the job search support
plan or employment plan;
(5) the parental caregiver is unable to secure necessary
transportation;
(6) the parental caregiver is in an emergency situation that
prevents compliance with the job search support plan or employment plan;
(7) the schedule of compliance with the job search support
plan or employment plan conflicts with judicial proceedings;
(8) a mandatory MFIP meeting is scheduled during a time that
conflicts with a judicial proceeding or a meeting related to a juvenile court
matter, or a participant's work schedule;
(9) the parental caregiver is already participating in
acceptable work activities;
(10) the employment plan requires an educational program for a
caregiver under age 20, but the educational program is not available;
(11) activities identified in the job search support plan or
employment plan are not available;
(12) the parental caregiver is willing to accept suitable
employment, but suitable employment is not available; or
(13) the parental caregiver documents other verifiable
impediments to compliance with the job search support plan or employment
plan beyond the parental caregiver's control.
The job counselor shall work with the participant to reschedule
mandatory meetings for individuals who fall under clauses (1), (3), (4), (5),
(6), (7), and (8).
Subd. 2. [NOTICE OF
INTENT TO SANCTION.] (a) When a participant fails without good cause to comply
with the requirements of sections 256J.52 256J.515 to 256J.55
256J.57, the job counselor or the county agency must provide a notice of
intent to sanction to the participant specifying the program requirements that
were not complied with, informing the participant that the county agency will
impose the sanctions specified in section 256J.46, and informing the
participant of the opportunity to request a conciliation conference as
specified in paragraph (b). The notice
must also state that the participant's continuing noncompliance with the
specified requirements will result in additional sanctions under section
256J.46, without the need for additional notices or conciliation conferences
under this subdivision. The notice,
written in English, must include the department of human services language
block, and must be sent to every applicable participant. If the participant does not request a
conciliation conference within ten calendar days of the mailing of the notice
of intent to sanction, the job counselor must notify the county agency that the
assistance payment should be reduced.
The county must then send a notice of adverse action to the participant
informing the participant of the sanction that will be imposed, the reasons for
the sanction, the effective date of the sanction, and the participant's right
to have a fair hearing under section 256J.40.
(b) The participant may request a conciliation conference by
sending a written request, by making a telephone request, or by making an
in-person request. The request must be
received within ten calendar days of the date the county agency mailed the
ten-day notice of intent to sanction.
If a timely request for a conciliation is received, the county
agency's service provider must conduct the conference within five days of the
request. The job counselor's
supervisor, or a designee of the supervisor, must review the outcome of the
conciliation conference. If the
conciliation conference resolves the noncompliance, the job counselor must
promptly inform the county agency and request withdrawal of the sanction
notice.
(c) Upon receiving a sanction notice, the participant may
request a fair hearing under section 256J.40, without exercising the option of
a conciliation conference. In such
cases, the county agency shall not require the participant to engage in a
conciliation conference prior to the fair hearing.
(d) If the participant requests a fair hearing or a
conciliation conference, sanctions will not be imposed until there is a
determination of noncompliance.
Sanctions must be imposed as provided in section 256J.46.
Sec. 93. Minnesota
Statutes 2002, section 256J.62, subdivision 9, is amended to read:
Subd. 9. [CONTINUATION
OF CERTAIN SERVICES.] Only if services were approved as part of an
employment plan prior to June 30, 2003, at the request of the
participant, the county may continue to provide case management, counseling, or
other support services to a participant:
(a) (1) who has achieved the employment goal; or
(b) (2) who under section 256J.42 is no longer
eligible to receive MFIP but whose income is below 115 percent of the federal
poverty guidelines for a family of the same size.
These services may be provided for up to 12 months following
termination of the participant's eligibility for MFIP.
Sec. 94. [256J.626]
[MFIP CONSOLIDATED FUND.]
Subdivision 1.
[CONSOLIDATED FUND.] The consolidated fund is established to
support counties and tribes in meeting their duties under this chapter. Counties and tribes must use funds from
the consolidated fund to develop programs and services that are designed
to improve participant outcomes as measured in section 256J.751,
subdivision 2. Counties may use the
funds for any allowable expenditures under subdivision 2. Tribes may use the funds for any
allowable expenditures under subdivision 2, except those in clauses (1)
and (6).
Subd. 2.
[ALLOWABLE EXPENDITURES.] (a) The commissioner must restrict
expenditures under the consolidated fund to benefits and services
allowed under title IV-A of the federal Social Security Act. Allowable expenditures under the consolidated
fund may include, but are not limited to:
(1) short-term, nonrecurring shelter and utility needs that
are excluded from the definition of assistance under Code of Federal
Regulations, title 45, section 260.31, for families who meet the
residency requirement in section 256J.12, subdivisions 1 and 1a. Payments under this subdivision are not
considered TANF cash assistance and are not counted towards the 60-month
time limit;
(2) transportation needed to obtain or retain employment or
to participate in other approved work activities;
(3) direct and administrative costs of staff to deliver employment
services for MFIP or the diversionary work program, to administer
financial assistance, and to provide specialized services intended to
assist hard-to-employ participants to transition to work;
(4) costs of education and training including functional
work literacy and English as a second language;
(5) cost of work supports including
tools, clothing, boots, and other work-related expenses;
(6) county administrative expenses as defined in Code of
Federal Regulations, title 45, section 260(b);
(7) services to parenting and pregnant teens;
(8) supported work;
(9) wage subsidies;
(10) child care needed for MFIP or diversionary work program
participants to participate in social services;
(11) child care to ensure that families leaving MFIP or diversionary
work program will continue to receive child care assistance from the
time the family no longer qualifies for transition year child care until
an opening occurs under the basic sliding fee child care program; and
(12) services to help noncustodial parents who live in Minnesota
and have minor children receiving MFIP or DWP assistance, but do not
live in the same household as the child, obtain or retain employment.
(b) Administrative costs that are not matched with county
funds as provided in subdivision 8 may not exceed 7.5 percent of a
county's or 15 percent of a tribe's reimbursement under this section. The commissioner shall define administrative
costs for purposes of this subdivision.
Subd. 3.
[ELIGIBILITY FOR SERVICES.] Families with a minor child, a
pregnant woman, or a noncustodial parent of a minor child receiving
assistance, with incomes below 200 percent of the federal poverty
guideline for a family of the applicable size, are eligible for services
funded under the consolidated fund.
Counties and tribes must give priority to families currently
receiving MFIP or diversionary work program, and families at risk of
receiving MFIP or diversionary work program.
Subd. 4. [COUNTY
AND TRIBAL BIENNIAL SERVICE AGREEMENTS.] (a) Effective January 1, 2004, and
each two-year period thereafter, each county and tribe must have in
place an approved biennial service agreement related to the services and
programs in this chapter. Counties
may collaborate to develop multicounty, multitribal, or regional service
agreements.
(b) The service agreements will be completed in a form prescribed
by the commissioner. The agreement must
include:
(1) a statement of the needs of the service population and
strengths and resources in the community;
(2) numerical goals for participant outcomes measures to be
accomplished during the biennial period.
The commissioner may identify outcomes from section 256J.751,
subdivision 2, as core outcomes for all counties and tribes;
(3) strategies the county or tribe will pursue to achieve
the outcome targets. Strategies must
include specification of how funds under this section will be used and
may include community partnerships that will be established or
strengthened; and
(4) other items prescribed by the commissioner in consultation
with counties and tribes.
(c) The commissioner shall provide
each county and tribe with information needed to complete an agreement,
including: (1) information on MFIP cases in the county or tribe; (2)
comparisons with the rest of the state; (3) baseline performance on
outcome measures; and (4) promising program practices.
(d) The service agreement must be submitted to the commissioner
by October 15, 2003, and October 15 of each second year thereafter. The county or tribe must allow a period of
not less than 30 days prior to the submission of the agreement to solicit
comments from the public on the contents of the agreement.
(e) The commissioner must, within 60 days of receiving each
county or tribal service agreement, inform the county or tribe if the
service agreement is approved. If the
service agreement is not approved, the commissioner must inform the
county or tribe of any revisions needed prior to approval.
(f) The service agreement in this subdivision supersedes
the plan requirements of section 268.88.
Subd. 5.
[INNOVATION PROJECTS.] Beginning January 1, 2005, no more than
$3,000,000 of the funds annually appropriated to the commissioner for
use in the consolidated fund shall be available to the commissioner for
projects testing innovative approaches to improving outcomes for MFIP
participants, and persons at risk of receiving MFIP as detailed in
subdivision 3. Projects shall be targeted to geographic areas with poor
outcomes as specified in section 256J.751, subdivision 5, or to subgroups
within the MFIP case load who are experiencing poor outcomes.
Subd. 6. [BASE
ALLOCATION TO COUNTIES AND TRIBES.] (a) For purposes of this section,
the following terms have the meanings given them:
(1) "2002 historic spending base" means the commissioner's
determination of the sum of the reimbursement related to fiscal year
2002 of county or tribal agency expenditures for the base programs
listed in clause (4), items (i) to (iv), and earnings related to
calendar year 2002 in the base program listed in clause (4), item (v),
and the amount of spending in fiscal year 2002 in the base program
listed in clause (4), item (vi), issued to or on behalf of persons
residing in the county or tribal service delivery area.
(2) "Initial allocation" means the amount
potentially available to each county or tribe based on the formula in
paragraphs (b) to (d).
(3) "Final allocation" means the amount available
to each county or tribe based on the formula in paragraphs (b) to (d),
after adjustment by subdivision 7.
(4) "Base programs" means the:
(i) MFIP employment and training services under section 256J.62,
subdivision 1, in effect June 30, 2002;
(ii) bilingual employment and training services to refugees
under section 256J.62, subdivision 6, in effect June 30, 2002;
(iii) work literacy language programs under section 256J.62,
subdivision 7, in effect June 30, 2002;
(iv) supported work program authorized in Laws 2001, First
Special Session chapter 9, article 17, section 2, in effect June 30,
2002;
(v) administrative aid program under section 256J.76 in effect
December 31, 2002; and
(vi) emergency assistance program under section 256J.48 in
effect June 30, 2002.
(b)(1) Beginning July 1, 2003, the
commissioner shall determine the initial allocation of funds available
under this section according to clause (2).
(2)(i) Ninety percent of the funds available for the period
beginning July 1, 2003, and ending December 31, 2004, shall be allocated
to each county or tribe in proportion to the county's or tribe's share
of the statewide 2002 historic spending base;
(ii) the remaining funds for the period beginning July 1,
2003, and ending December 31, 2004, shall be allocated to each county
or tribe in proportion to the average number of MFIP cases:
(A) the average number of cases must be based upon counts
of MFIP or tribal TANF cases as of March 31, June 30, September 30,
and December 31 using the most recent available data, less the number of
child only cases. Two-parent cases,
with the exception of those with a caregiver age 60 or over, will be
multiplied by a factor of two;
(B) the MFIP or tribal TANF case count for each eligible
tribal provider shall be based upon the number of MFIP or tribal TANF
cases with participating adults who are enrolled in, or are eligible for
enrollment in, the tribe; and to be counted, the case must be an active
MFIP case, and the case members must reside within the tribal program's
service delivery area;
(C) the MFIP or tribal TANF case count for each eligible
tribal provider shall be further adjusted by multiplying the count by
the proportion of base program spending in paragraph (a), clause (4),
item (i), compared to paragraph (a), clause (4), items (i) to (vi); and
(D) to prevent duplicate counts, MFIP or tribal TANF cases
counted for determining allocations to tribal providers in clause (C)
shall be removed from the case counts of the respective counties where
they reside.
(c)(1) Beginning January 1, 2005, the commissioner shall
determine the initial allocation of funds to be made available under
this section according to clause (2).
(2)(i) Seventy percent of the funds available for the calendar
year shall be allocated to each county or tribe in proportion to the
county's or tribe's share of the statewide 2002 historic spending base;
(ii) the remaining funds shall be allocated to each county
or tribe in proportion to the sum of the average number of MFIP cases
and the average monthly count of diversionary work program cases. The commissioner shall determine the count
of MFIP and diversionary work program cases according to subitems (A) to
(C):
(A) the average number of cases must be based upon counts
of MFIP, tribal TANF, or diversionary work program cases as of March
31, June 30, September 30, and December 31 using the most recent
available data, less the number of child only cases. Two-parent cases,
with the exception of those with a caregiver age 60 or over, will be
multiplied by a factor of two;
(B) the case count for each eligible tribal provider shall
be based upon the number of MFIP, tribal TANF, or diversionary work
program cases with participating adults who are enrolled in, or are
eligible for enrollment in, the tribe; and to be counted, the case must
be an active MFIP or diversionary work program case, and the case
members must reside within the tribal program's service delivery area;
(C) the MFIP or tribal TANF case count, including diversionary
work program cases, for each eligible tribal provider shall be further
adjusted by multiplying the count by the proportion of base program
spending in paragraph (a), clause (4), item (i), compared to paragraph
(a), clause (4), items (i) to (vi); and
(D) to prevent duplicate counts, MFIP, tribal TANF, or
diversionary work program cases counted for determining allocations
to tribal providers under clause (C) shall be removed from the case
counts of the respective counties where they reside.
(d)(1) Beginning January 1, 2006, and effective January 1
of each subsequent year, the commissioner shall determine the initial
allocation of funds available under this section according to clause
(2).
(2)(i) Fifty percent of the funds available for the calendar
year shall be allocated to each county or tribe in proportion to the
county's or tribe's share of the statewide 2002 historic spending base;
(ii) the remaining funds shall be allocated to each county
or tribe in proportion to the sum of the average number of MFIP cases
and the average monthly count of diversionary work program cases. The commissioner shall determine the count
of MFIP and diversionary work program cases according to subitems (A) to
(C):
(A) the average number of cases must be based upon counts
of MFIP, tribal TANF, or diversionary work program cases as of March
31, June 30, September 30, and December 31 using the most recent
available data, less the number of child only cases. Two-parent cases,
with the exception of those with a caregiver age 60 or over, will be
multiplied by a factor of two;
(B) the case count for each eligible tribal provider shall
be based upon the number of MFIP, tribal TANF, or diversionary work
program cases with participating adults who are enrolled in, or are
eligible for, enrollment in the tribe; and to be counted, the case must
be an active MFIP or diversionary work program case, and the case
members must reside within the tribal program's service delivery area;
(C) the MFIP or tribal TANF case count, including diversionary
work program cases, for each eligible tribal provider shall be further
adjusted by multiplying the count by the proportion of base program
spending in paragraph (a), clause (4), item (i), compared to paragraph
(a), clause (4), items (i) to (vi); and
(D) to prevent duplicate counts, MFIP, tribal TANF, or diversionary
work program cases counted for determining allocations to tribal
providers in clause (C) shall be removed from the case counts of the
respective counties where they reside.
(e) Before November 30, 2003, a county or tribe may ask for
a review of the commissioner's determination of the historic base
spending when the county or tribe believes the 2002 information was
inaccurate or incomplete. By January 1,
2004, the commissioner must adjust that county's or tribe's base when
the commissioner has determined that inaccurate or incomplete information
was used to develop that base. The
commissioner shall adjust each county's or tribe's initial allocation
under paragraph (c) and final allocation under subdivision 7 to reflect
the base change.
(f) Effective January 1, 2005, and effective January 1 of
each succeeding year, counties and tribes will have their final allocations
adjusted based on the performance provisions of subdivision 7.
Subd. 7.
[PERFORMANCE BASE FUNDS.] (a) Beginning with allocations for calendar
year 2005, each county and tribe will be allocated 95 percent of their
initial allocation. Counties and
tribes will be allocated additional funds based on performance as
follows:
(1) a county or tribe that achieves a 50 percent rate or
higher on the MFIP participation rate under section 256J.751, subdivision
2, clause (8), as averaged across the four quarterly measurements for
the most recent year for which the measurements are available, will
receive an additional allocation equal to 2.5 percent of its initial
allocation; and
(2) a county or tribe that performs above the top of its
range of expected performance on the three-year self-support index
under section 256J.751, subdivision 2, clause (7), in both measurements
in the preceding year will receive an additional allocation equal to
five percent of its initial allocation; or
(3) a county or tribe that performs within its range of expected
performance on the three-year self-support index under section 256J.751,
subdivision 2, clause (7), in both measurements in the preceding year,
or above the top of its range of expected performance in one measurement
and within its expected range of performance in the other measurement,
will receive an additional allocation equal to 2.5 percent of its initial
allocation.
(b) Funds remaining unallocated after the performance-based
allocations in paragraph (a) are available to the commissioner for
innovation projects under subdivision 5.
(c)(1) If available funds are insufficient to meet county
and tribal allocations under paragraph (a), the commissioner may make
available for allocation funds that are unobligated and available from
the innovation projects through the end of the current biennium.
(2) If after the application of clause (1) funds remain insufficient
to meet county and tribal allocations under paragraph (a), the
commissioner must proportionally reduce the allocation of each county
and tribe with respect to their maximum allocation available under
paragraph (a).
Subd. 8.
[REPORTING REQUIREMENT AND REIMBURSEMENT.] (a) The
commissioner shall specify requirements for reporting according to
section 256.01, subdivision 2, clause (17).
Each county or tribe shall be reimbursed for eligible
expenditures up to the limit of its allocation and subject to
availability of funds.
(b) Reimbursements for county administrative-related expenditures
determined through the income maintenance random moment time study shall
be reimbursed at a rate of 50 percent of eligible expenditures.
(c) The commissioner of human services shall review county
and tribal agency expenditures of the MFIP consolidated fund as appropriate
and may reallocate unencumbered or unexpended money appropriated under
this section to those county and tribal agencies that can demonstrate a
need for additional money.
Subd. 9.
[REPORT.] The commissioner shall, in consultation with
counties and tribes:
(1) determine how performance-based allocations under subdivision
7, paragraph (a), clauses (2) and (3), will be allocated to groupings of
counties and tribes when groupings are used to measure expected
performance ranges for the self-support index under section 256J.751,
subdivision 2, clause (7); and
(2) determine how performance-based allocations under subdivision
7, paragraph (a), clauses (2) and (3), will be allocated to tribes.
The commissioner shall
report to the legislature on the formulas developed in clauses (1) and (2) by
January 1, 2004.
Sec. 95. Minnesota
Statutes 2002, section 256J.645, subdivision 3, is amended to read:
Subd. 3. [FUNDING.] If
the commissioner and an Indian tribe are parties to an agreement under this
subdivision, the agreement shall annually provide to the Indian tribe the
funding allocated in section 256J.62, subdivisions 1 and 2a 256J.626.
Sec. 96. Minnesota
Statutes 2002, section 256J.66, subdivision 2, is amended to read:
Subd. 2. [TRAINING AND
PLACEMENT.] (a) County agencies shall limit the length of training based on the
complexity of the job and the caregiver's previous experience and training.
Placement in an on-the-job training position with an employer is for the
purpose of training and employment with the same employer who has agreed to
retain the person upon satisfactory completion of training.
(b) Placement of any participant in an on-the-job training
position must be compatible with the participant's assessment and employment
plan under section 256J.52 256J.521.
Sec. 97. Minnesota
Statutes 2002, section 256J.67, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHING THE COMMUNITY WORK EXPERIENCE PROGRAM.] To the
extent of available resources, each county agency may establish and operate a
work experience component for MFIP caregivers who are participating in employment
and training services. This option for
county agencies supersedes the requirement in section 402(a)(1)(B)(iv) of the
Social Security Act that caregivers who have received assistance for two months
and who are not exempt from work requirements must participate in a work
experience program. The purpose of the
work experience component is to enhance the caregiver's employability and
self-sufficiency and to provide meaningful, productive work activities. The county shall use this program for an
individual after exhausting all other unsubsidized employment
opportunities. The county agency
shall not require a caregiver to participate in the community work experience
program unless the caregiver has been given an opportunity to participate in
other work activities.
Sec. 98. Minnesota
Statutes 2002, section 256J.67, subdivision 3, is amended to read:
Subd. 3. [EMPLOYMENT
OPTIONS.] (a) Work sites developed under this section are limited to projects
that serve a useful public service such as:
health, social service, environmental protection, education, urban and
rural development and redevelopment, welfare, recreation, public facilities,
public safety, community service, services to aged or disabled citizens, and
child care. To the extent possible, the
prior training, skills, and experience of a caregiver must be considered in
making appropriate work experience assignments.
(b) Structured, supervised volunteer work with an agency or
organization, which is monitored by the county service provider, may, with the
approval of the county agency, be used as a work experience placement.
(c) As a condition of placing a caregiver in a program under
this section, the county agency shall first provide the caregiver the
opportunity:
(1) for placement in suitable subsidized or
unsubsidized employment through participation in a job search; or
(2) for placement in suitable employment through
participation in on-the-job training, if such employment is available.
Sec. 99. Minnesota
Statutes 2002, section 256J.69, subdivision 2, is amended to read:
Subd. 2. [TRAINING AND
PLACEMENT.] (a) County agencies shall limit the length of training to nine
months. Placement in a grant diversion
training position with an employer is for the purpose of training and
employment with the same employer who has agreed to retain the person upon
satisfactory completion of training.
(b) Placement of any participant in a grant diversion
subsidized training position must be compatible with the assessment and
employment plan or employability development plan established for the recipient
under section 256J.52 or 256K.03, subdivision 8 256J.521.
Sec. 100. Minnesota
Statutes 2002, section 256J.75, subdivision 3, is amended to read:
Subd. 3.
[RESPONSIBILITY FOR INCORRECT ASSISTANCE PAYMENTS.] A county of residence,
when different from the county of financial responsibility, will be charged by
the commissioner for the value of incorrect assistance payments and medical
assistance paid to or on behalf of a person who was not eligible to receive
that amount. Incorrect payments include
payments to an ineligible person or family resulting from decisions, failures
to act, miscalculations, or overdue recertification. However, financial
responsibility does not accrue for a county when the recertification is overdue
at the time the referral is received by the county of residence or when the
county of financial responsibility does not act on the recommendation of the
county of residence. When federal or
state law requires that medical assistance continue after assistance ends, this
subdivision also governs financial responsibility for the extended medical
assistance.
Sec. 101. Minnesota
Statutes 2002, section 256J.751, subdivision 1, is amended to read:
Subdivision 1. [QUARTERLY
MONTHLY COUNTY CASELOAD REPORT.] The commissioner shall report quarterly
monthly to each county on the county's performance on the
following measures following caseload information:
(1) number of cases receiving only the food portion of
assistance;
(2) number of child-only cases;
(3) number of minor caregivers;
(4) number of cases that are exempt from the 60-month time
limit by the exemption category under section 256J.42;
(5) number of participants who are exempt from employment
and training services requirements by the exemption category under section
256J.56;
(6) number of assistance units receiving assistance under a
hardship extension under section 256J.425;
(7) number of participants and number of months spent in
each level of sanction under section 256J.46, subdivision 1;
(8) number of MFIP cases that have left assistance;
(9) federal participation requirements as specified in title
1 of Public Law Number 104-193;
(10) median placement wage rate; and
(11) of each county's total MFIP caseload less the number of
cases in clauses (1) to (6):
(i) number of one-parent cases;
(ii) number of two-parent cases;
(iii) percent of one-parent cases that are working more than
20 hours per week;
(iv) percent of two-parent cases that are working more
than 20 hours per week; and
(v) percent of cases that have received more than 36 months
of assistance.
(1) total number of cases receiving MFIP, and subtotals of
cases with one eligible parent, two eligible parents, and an eligible
caregiver who is not a parent;
(2) total number of child only assistance cases;
(3) total number of eligible adults and children receiving
an MFIP grant, and subtotals for cases with one eligible parent, two
eligible parents, an eligible caregiver who is not a parent, and child
only cases;
(4) number of cases with an exemption from the 60-month time
limit based on a family violence waiver;
(5) number of MFIP cases with work hours, and subtotals for
cases with one eligible parent, two eligible parents, and an eligible
caregiver who is not a parent;
(6) number of employed MFIP cases, and subtotals for cases
with one eligible parent, two eligible parents, and an eligible caregiver
who is not a parent;
(7) average monthly gross earnings, and averages for subgroups
of cases with one eligible parent, two eligible parents, and an eligible
caregiver who is not a parent;
(8) number of employed cases receiving only the food portion
of assistance;
(9) number of parents or caregivers exempt from work activity
requirements, with subtotals for each exemption type; and
(10) number of cases with a sanction, with subtotals by level
of sanction for cases with one eligible parent, two eligible parents,
and an eligible caregiver who is not a parent.
Sec. 102. Minnesota
Statutes 2002, section 256J.751, subdivision 2, is amended to read:
Subd. 2. [QUARTERLY
COMPARISON REPORT.] The commissioner shall report quarterly to all counties on
each county's performance on the following measures:
(1) percent of MFIP caseload working in paid employment;
(2) percent of MFIP caseload receiving only the food portion of
assistance;
(3) number of MFIP cases that have left assistance;
(4) federal participation requirements as specified in Title 1
of Public Law Number 104-193;
(5) median placement wage rate; and
(6) caseload by months of TANF assistance;
(7) percent of MFIP cases off cash assistance or working 30
or more hours per week at one-year, two-year, and three-year follow-up
points from a base line quarter. This
measure is called the self-support index. Twice annually, the commissioner shall report an expected
range of performance for each county, county grouping, and tribe on the self-support
index. The expected range shall
be derived by a statistical methodology developed by the commissioner in
consultation with the counties and tribes. The statistical methodology shall control differences
across counties in economic conditions and demographics of the MFIP case
load; and
(8) the MFIP work participation rate, defined as the participation
requirements specified in title 1 of Public Law 104-193 applied to all
MFIP cases except child only cases and cases exempt under section
256J.56.
Sec. 103. Minnesota
Statutes 2002, section 256J.751, subdivision 5, is amended to read:
Subd. 5. [FAILURE TO
MEET FEDERAL PERFORMANCE STANDARDS.] (a) If sanctions occur for failure to meet
the performance standards specified in title 1 of Public Law Number
104-193 of the Personal Responsibility and Work Opportunity Act of 1996, the
state shall pay 88 percent of the sanction.
The remaining 12 percent of the sanction will be paid by the
counties. The county portion of the
sanction will be distributed across all counties in proportion to each county's
percentage of the MFIP average monthly caseload during the period for which the
sanction was applied.
(b) If a county fails to meet the performance standards
specified in title 1 of Public Law Number 104-193 of the Personal
Responsibility and Work Opportunity Act of 1996 for any year, the commissioner
shall work with counties to organize a joint state-county technical assistance
team to work with the county. The
commissioner shall coordinate any technical assistance with other departments
and agencies including the departments of economic security and children,
families, and learning as necessary to achieve the purpose of this paragraph.
(c) For state performance measures, a low-performing county
is one that:
(1) performs below the bottom of their expected range for
the measure in subdivision 2, clause (7), in both measurements during
the year; or
(2) performs below 40 percent for the measure in subdivision
2, clause (8), as averaged across the four quarterly measurements for
the year, or the ten counties with the lowest rates if more than ten are
below 40 percent.
(d) Low-performing counties under paragraph (c) must engage
in corrective action planning as defined by the commissioner. The
commissioner may coordinate technical assistance as specified in
paragraph (b) for low-performing counties under paragraph (c).
Sec. 104. [256J.95]
[DIVERSIONARY WORK PROGRAM.]
Subdivision 1.
[ESTABLISHING A DIVERSIONARY WORK PROGRAM (DWP).] (a) The Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, Public
Law 104-193, establishes block grants to states for temporary assistance
for needy families (TANF). TANF
provisions allow states to use TANF dollars for nonrecurrent, short-term
diversionary benefits. The diversionary
work program established on July 1, 2003, is Minnesota's TANF program to
provide short-term diversionary benefits to eligible recipients of the
diversionary work program.
(b) The goal of the diversionary work program is to provide
short-term, necessary services and supports to families which will
lead to unsubsidized employment, increase economic stability, and reduce
the risk of those families needing longer term assistance, under the
Minnesota family investment program (MFIP).
(c) When a family unit meets the eligibility criteria in
this section, the family must receive a diversionary work program
grant and is not eligible for MFIP.
(d) A family unit is eligible for
the diversionary work program for a maximum of four months only once in
a 12-month period. The 12-month
period begins at the date of application or the date eligibility is met,
whichever is later. During the four-month
period, family maintenance needs as defined in subdivision 2, shall be
vendor paid, up to the cash portion of the MFIP standard of need for the
same size household. To the extent
there is a balance available between the amount paid for family
maintenance needs and the cash portion of the transitional standard, a
personal needs allowance of up to $70 per DWP recipient in the family
unit shall be issued. The personal
needs allowance payment plus the family maintenance needs shall not
exceed the cash portion of the MFIP standard of need. Counties may provide supportive and other
allowable services funded by the MFIP consolidated fund under section
256J.626 to eligible participants during the four-month diversionary
period.
Subd. 2.
[DEFINITIONS.] The terms used in this section have the
following meanings.
(a) "Diversionary Work Program (DWP)" means the
program established under this section.
(b) "Employment plan" means a plan developed by
the job counselor and the participant which identifies the participant's
most direct path to unsubsidized employment, lists the specific steps
that the caregiver will take on that path, and includes a timetable for
the completion of each step. For
participants who request and qualify for a family violence waiver in
section 256J.521, subdivision 3, an employment plan must be developed by
the job counselor, the participant and a person trained in domestic
violence and follow the employment plan provisions in section 256J.521,
subdivision 3. Employment plans under
this section shall be written for a period of time not to exceed four
months.
(c) "Employment services" means programs,
activities, and services in this section that are designed to assist
participants in obtaining and retaining employment.
(d) "Family maintenance needs" means current
housing costs including rent, manufactured home lot rental costs, or
monthly principal, interest, insurance premiums, and property taxes due
for mortgages or contracts for deed, association fees required for
homeownership, utility costs for current month expenses of gas and
electric, garbage, water and sewer, and a flat rate of $35 for telephone
services.
(e) "Family unit" means a group of people applying
for or receiving DWP benefits together.
For the purposes of determining eligibility for this program, the
unit includes the relationships in section 256J.24, subdivisions 2 and
4.
(f) "Minnesota family investment program (MFIP)"
means the assistance program as defined in section 256J.08, subdivision
57.
(g) "Personal needs allowance" means an allowance
of up to $70 per month per DWP unit member to pay for expenses such as
household products and personal products.
(h) "Work activities" means allowable work
activities as defined in section 256J.49, subdivision 13.
Subd. 3.
[ELIGIBILITY FOR DIVERSIONARY WORK PROGRAM.] (a) Except for
the categories of family units listed below, all family units who apply
for cash benefits and who meet MFIP eligibility as required in sections
256J.11 to 256J.15 are eligible and must participate in the diversionary
work program. Family units that are not eligible for the diversionary
work program include:
(1) child only cases;
(2) a single-parent family unit that includes a child under
12 weeks of age. A parent is
eligible for this exception once in a parent's lifetime and is not
eligible if the parent has already used the previously allowed child
under age one exemption from MFIP employment services;
(3) a minor parent without a high
school diploma or its equivalent;
(4) a caregiver 18 or 19 years of age without a high school
diploma or its equivalent who chooses to have an employment plan with
an education option;
(5) a caregiver age 60 or over;
(6) family units with a parent who received DWP benefits
within a 12-month period as defined in subdivision 1, paragraph (d);
and
(7) family units with a parent who received MFIP within the
past 12 months.
(b) A two-parent family must participate in DWP unless both
parents meet the criteria for an exception under paragraph (a), clauses
(1) through (5), or the family unit includes a parent who meets the
criteria in paragraph (a), clause (6) or (7).
Subd. 4.
[COOPERATION WITH PROGRAM REQUIREMENTS.] (a) To be eligible
for DWP, an applicant must comply with the requirements of paragraphs
(b) to (d).
(b) Applicants and participants must cooperate with the requirements
of the child support enforcement program, but will not be charged a fee
under section 518.551, subdivision 7.
(c) The applicant must provide each member of the family
unit's social security number to the county agency. This requirement is satisfied when
each member of the family unit cooperates with the procedures for
verification of numbers, issuance of duplicate cards, and issuance of
new numbers which have been established jointly between the Social
Security Administration and the commissioner.
(d) Before DWP benefits can be issued to a family unit, the
caregiver must, in conjunction with a job counselor, develop and sign
an employment plan. In two-parent
family units, both parents must develop and sign employment plans before
benefits can be issued. Food
support and health care benefits are not contingent on the requirement
for a signed employment plan.
Subd. 5.
[SUBMITTING APPLICATION FORM.] The eligibility date for the
diversionary work program begins with the date the signed combined
application form (CAF) is received by the county agency or the date
diversionary work program eligibility criteria are met, whichever is
later. The county agency must inform
the applicant that any delay in submitting the application will reduce
the benefits paid for the month of application. The county agency must inform a person that
an application may be submitted before the person has an interview appointment. Upon receipt of a signed application, the
county agency must stamp the date of receipt on the face of the application. The applicant may withdraw the application
at any time prior to approval by giving written or oral notice to the
county agency. The county agency
must follow the notice requirements in section 256J.09, subdivision 3,
when issuing a notice confirming the withdrawal.
Subd. 6.
[INITIAL SCREENING OF APPLICATIONS.] Upon receipt of the
application, the county agency must determine if the applicant may be
eligible for other benefits as required in sections 256J.09, subdivision
3a, and 256J.28, subdivisions 1 and 5.
The county must also follow the provisions in section 256J.09,
subdivision 3b, clause (2).
Subd. 7.
[PROGRAM AND PROCESSING STANDARDS.] (a) The interview to
determine financial eligibility for the diversionary work program must
be conducted within five working days of the receipt of the cash
application form. During the intake
interview the financial worker must discuss:
(1) the goals, requirements, and
services of the diversionary work program;
(2) the availability of child care assistance. If child care is needed, the worker
must obtain a completed application for child care from the applicant
before the interview is terminated.
The same day the application for child care is received, the
application must be forwarded to the appropriate child care worker. For purposes of eligibility for child care
assistance under chapter 119B, DWP participants shall be eligible for
the same benefits as MFIP recipients; and
(3) if the applicant has not requested food support and health
care assistance on the application, the county agency shall, during the
interview process, talk with the applicant about the availability of
these benefits.
(b) The county shall follow section 256J.74, subdivision 2,
paragraph (b), clauses (1) and (2), when an applicant or a recipient
of DWP has a person who is a member of more than one assistance unit in
a given payment month.
(c) If within 30 days the county agency cannot determine
eligibility for the diversionary work program, the county must deny
the application and inform the applicant of the decision according to
the notice provisions in section 256J.31.
A family unit is eligible for a fair hearing under section
256J.40.
Subd. 8.
[VERIFICATION REQUIREMENTS.] (a) A county agency must only
require verification of information necessary to determine DWP
eligibility and the amount of the payment.
The applicant or participant must document the information
required or authorize the county agency to verify the information. The applicant or participant has the
burden of providing documentary evidence to verify eligibility. The county agency shall assist the
applicant or participant in obtaining required documents when the
applicant or participant is unable to do so.
(b) A county agency must not request information about an
applicant or participant that is not a matter of public record from a
source other than county agencies, the department of human services, or
the United States Department of Health and Human Services without the
person's prior written consent. An applicant's
signature on an application form constitutes consent for contact with
the sources specified on the application.
A county agency may use a single consent form to contact a group
of similar sources, but the sources to be contacted must be identified
by the county agency prior to requesting an applicant's consent.
(c) Factors to be verified shall follow section 256J.32,
subdivision 4. Except for personal
needs, family maintenance needs must be verified before the expense can
be allowed in the calculation of the DWP grant.
Subd. 9.
[PROPERTY AND INCOME LIMITATIONS.] The asset limits and
exclusions in section 256J.20, apply to applicants and recipients of
DWP. All payments, unless excluded in
section 256J.21, must be counted as income to determine eligibility for
the diversionary work program. The
county shall treat income as outlined in section 256J.37, except for
subdivision 3a. The initial
income test and the disregards in section 256J.21, subdivision 3, shall
be followed for determining eligibility for the diversionary work
program.
Subd. 10.
[DIVERSIONARY WORK PROGRAM GRANT.] (a) The amount of cash
benefits that a family unit is eligible for under the diversionary work
program is based on the number of persons in the family unit, the family
maintenance needs, personal needs allowance, and countable income. The county agency shall evaluate the
income of the family unit that is requesting payments under the
diversionary work program. Countable
income means gross earned and unearned income not excluded or disregarded
under MFIP. The same disregards for
earned income that are allowed under MFIP are allowed for the
diversionary work program.
(b) The DWP grant is based on the family maintenance needs
for which the DWP family unit is responsible plus a personal needs
allowance. Housing and utilities,
except for telephone service, shall be vendor paid. Unless otherwise stated in this section,
actual housing and utility expenses shall be used when determining the
amount of the DWP grant.
(c) The maximum monthly benefit amount available under
the diversionary work program is the difference between the family unit's
family maintenance needs under paragraph (b) and the family unit's
countable income not to exceed the cash portion of the MFIP standard of
need as defined in section 256J.08, subdivision 55a, for the family
unit's size. The family wage level
as defined in section 256J.08, subdivision 35, shall be used when
determining the amount of countable income for working members.
(d) Once the county has determined a grant amount, the DWP
grant amount will not be decreased if the determination is based on
the best information available at the time of approval and shall not be
decreased because of any additional income to the family unit. The grant can be increased if a participant
later verifies an increase in family maintenance needs or family unit
size. The minimum cash benefit
amount, if income and asset tests are met, is $10. Benefits of $10 shall not be vendor paid.
(e) When all criteria are met, including the development of
an employment plan as described in subdivision 14 and eligibility
exists for the month of application, the amount of benefits for the
diversionary work program retroactive to the date of application is as
specified in section 256J.35, paragraph (a).
(f) Any month during the four-month DWP period that a person
receives a DWP benefit directly or through a vendor payment made on the
person's behalf, that person is ineligible for MFIP or any other TANF
cash assistance program except for benefits defined in section 256J.626,
subdivision 2, clause (1).
If during the four-month period a family unit that receives
DWP benefits moves to a county that has not established a diversionary
work program, the family unit may be eligible for MFIP the month
following the last month of the issuance of the DWP benefit.
Subd. 11.
[UNIVERSAL PARTICIPATION REQUIRED.] (a) All DWP caregivers,
except caregivers who meet the criteria in paragraph (d), are required
to participate in DWP employment services. Except as specified in
paragraphs (b) and (c), employment plans under DWP must, at a minimum,
meet the requirements in section 256J.55, subdivision 1.
(b) A caregiver who is a member of a two-parent family that
is required to participate in DWP who would otherwise be ineligible
for DWP under subdivision 3 may be allowed to develop an employment plan
under section 256J.521, subdivision 2, paragraph (c), that may contain
alternate activities and reduced hours.
(c) A participant who has a family violence waiver shall be
allowed to develop an employment plan under section 256J.521, subdivision
3.
(d) One parent in a two-parent family unit that has a natural
born child under 12 weeks of age is not required to have an employment
plan until the child reaches 12 weeks of age unless the family unit has
already used the exclusion under section 256J.561, subdivision 2, or the
previously allowed child under age one exemption under section 256J.56,
paragraph (a), clause (5).
(e) The provision in paragraph (d) ends the first full month
after the child reaches 12 weeks of age.
This provision is allowable only once in a caregiver's
lifetime. In a two-parent
household, only one parent shall be allowed to use this category.
(f) The participant and job counselor must meet within ten
working days after the child reaches 12 weeks of age to revise the
participant's employment plan. The
employment plan for a family unit that has a child under 12 weeks of age
that has already used the exclusion in section 256J.561 or the
previously allowed child under age one exemption under section 256J.56,
paragraph (a), clause (5), must be tailored to recognize the caregiving
needs of the parent.
Subd. 12.
[CONVERSION OR REFERRAL TO MFIP.] (a) If at any time during
the DWP application process or during the four-month DWP eligibility
period, it is determined that a participant is unlikely to benefit from
the diversionary work program, the county shall convert or refer the
participant to MFIP as specified in paragraph (d). Participants who are determined to be
unlikely to benefit from the diversionary work program must develop and
sign an employment plan. Participants
who meet the criteria in paragraph (b) shall be considered to be
unlikely to benefit from DWP, provided the necessary documentation is
available to support the determination.
(b) A participant who:
(1) has been determined by a qualified professional as being
unable to obtain or retain employment due to an illness, injury, or
incapacity that is expected to last at least 60 days;
(2) is determined by a qualified professional as being needed
in the home to care for a family member, or a relative in the household,
or a foster child, due to an illness, injury, or incapacity that is
expected to last at least 60 days;
(3) is determined by a qualified professional as being needed
in the home to care for a child meeting the special medical criteria in
section 256J.425, subdivision 2, clause (3);
(4) is pregnant and is determined by a qualified professional
as being unable to obtain or retain employment due to the pregnancy; and
(5) has applied for SSI or RSDI.
(c) In a two-parent family unit, both parents must be determined
to be unlikely to benefit from the diversionary work program before the
family unit can be converted or referred to MFIP.
(d) A participant who is determined to be unlikely to benefit
from the diversionary work program shall be converted to MFIP and, if
the determination was made within 30 days of the initial application for
benefits, a new combined application form will not be required. A participant who is determined to be
unlikely to benefit from the diversionary work program shall be referred
to MFIP and, if the determination is made more than 30 days after the
initial application, the participant must submit a new combined
application form. The county agency
shall process the combined application form by the first of the following
month to ensure that no gap in benefits is due to delayed action by the
county agency.
Subd. 13.
[IMMEDIATE REFERRAL TO EMPLOYMENT SERVICES.] Within one working day
of determination that the applicant is eligible for the diversionary
work program, but before benefits are issued to or on behalf of the
family unit, the county shall refer all caregivers to employment
services. The referral to the
DWP employment services must be in writing and must contain the
following information:
(1) notification that, as part of the application process,
applicants are required to develop an employment plan or the DWP application
will be denied;
(2) the employment services provider name and phone number;
(3) the date, time, and location of the scheduled employment
services interview;
(4) the immediate availability of supportive services, including,
but not limited to, child care, transportation, and other work-related
aid; and
(5) the rights, responsibilities, and obligations of
participants in the program, including, but not limited to, the grounds
for good cause, the consequences of refusing or failing to participate
fully with program requirements, and the appeal process.
Subd. 14.
[EMPLOYMENT PLAN; DWP BENEFITS.] Within five working days of
being notified that a participant is financially eligible for the
diversionary work program, the employment services provider and
participant shall meet to develop an employment plan. Once the employment plan has been developed
and signed by the participant and the job counselor, the employment
services provider shall notify the county within one working day that
the employment plan has been signed.
The county shall issue DWP benefits within one working day after
receiving notice that the employment plan has been signed.
Subd. 15.
[LIMITATIONS ON CERTAIN WORK ACTIVITIES.] (a) Except as
specified in paragraphs (b) to (d), employment activities listed in
section 256J.49, subdivision 13, are allowable under the diversionary
work program.
(b) Work activities under section 256J.49, subdivision 13,
clause (5), shall be allowable only when in combination with approved
work activities under section 256J.49, subdivision 13, clauses (1) to
(4), and shall be limited to no more than one-half of the hours required
in the employment plan.
(c) In order for an English as a second language (ESL) class
to be an approved work activity, a participant must:
(1) be below a spoken language proficiency level of SPL6 or
its equivalent, as measured by a nationally recognized test; and
(2) not have been enrolled in ESL for more than 24 months
while previously participating in MFIP or DWP. A participant who has been enrolled in ESL for 20 or more
months may be approved for ESL until the participant has received 24
total months.
(d) Work activities under section 256J.49, subdivision 13,
clause (6), shall be allowable only when the training or education
program will be completed within the four-month DWP period. Training or education programs that will not
be completed within the four-month DWP period shall not be approved.
Subd. 16.
[FAILURE TO COMPLY WITH REQUIREMENTS.] A family unit that
includes a participant who fails to comply with DWP employment service
or child support enforcement requirements, without good cause as defined
in sections 256.741 and 256J.57, shall be disqualified from the
diversionary work program. The county
shall provide written notice as specified in section 256J.31 to the
participant prior to disqualifying the family unit due to noncompliance
with employment service or child support. The disqualification does not apply to food support or health
care benefits.
Subd. 17. [GOOD
CAUSE FOR NOT COMPLYING WITH REQUIREMENTS.] A participant who fails to
comply with the requirements of the diversionary work program may claim
good cause for reasons listed in sections 256.741 and 256J.57, subdivision
1, clauses (1) to (13). The county
shall not impose a disqualification if good cause exists.
Subd. 18.
[REINSTATEMENT FOLLOWING DISQUALIFICATION.] A participant who
has been disqualified from the diversionary work program due to
noncompliance with employment services may regain eligibility for the
diversionary work program by complying with program requirements. A participant who has been disqualified from
the diversionary work program due to noncooperation with child support
enforcement requirements may regain eligibility by complying with child
support requirements under section 256J.741. Once a participant has been reinstated, the county shall
issue prorated benefits for the remaining portion of the month. A family unit that has been
disqualified from the diversionary work program due to noncompliance
shall not be eligible for MFIP or any other TANF cash program during the
period of time the participant remains noncompliant. In a two-parent family, both parents
must be in compliance before the family unit can regain eligibility for
benefits.
Subd. 19.
[RECOVERY OF OVERPAYMENTS.] When an overpayment or an ATM
error is determined, the overpayment shall be recouped or recovered as
specified in section 256J.38.
Subd. 20.
[IMPLEMENTATION OF DWP.] Counties may establish a diversionary
work program according to this section any time on or after July 1,
2003. Prior to establishing a
diversionary work program, the county must notify the commissioner. All counties must implement the
provisions of this section no later than July 1, 2004.
Sec. 105. Minnesota
Statutes 2002, section 261.063, is amended to read:
261.063 [TAX LEVY FOR SOCIAL SERVICES; BOARD DUTY; PENALTY.]
(a) The board of county commissioners of each county shall
annually levy taxes and fix a rate sufficient to produce the full amount
required for poor relief, general assistance, Minnesota family investment
program, diversionary work program, county share of county and state
supplemental aid to supplemental security income applicants or recipients, and
any other social security measures wherein there is now or may hereafter be
county participation, sufficient to produce the full amount necessary for each
such item, including administrative expenses, for the ensuing year, within the time
fixed by law in addition to all other tax levies and tax rates, however fixed
or determined, and any commissioner who shall fail to comply herewith shall be
guilty of a gross misdemeanor and shall be immediately removed from office by
the governor. For the purposes of this
paragraph, "poor relief" means county services provided under
sections 261.035, 261.04, and 261.21 to 261.231.
(b) Nothing within the provisions of this section shall be
construed as requiring a county agency to provide income support or cash
assistance to needy persons when they are no longer eligible for assistance
under general assistance, the Minnesota family investment program chapter
256J, or Minnesota supplemental aid.
Sec. 106. Minnesota
Statutes 2002, section 393.07, subdivision 10, is amended to read:
Subd. 10. [FEDERAL FOOD
STAMP PROGRAM AND THE MATERNAL AND CHILD NUTRITION ACT.] (a) The local social
services agency shall establish and administer the food stamp or support
program according to rules of the commissioner of human services, the
supervision of the commissioner as specified in section 256.01, and all federal
laws and regulations. The commissioner
of human services shall monitor food stamp or support program delivery
on an ongoing basis to ensure that each county complies with federal laws and
regulations. Program requirements to be
monitored include, but are not limited to, number of applications, number of
approvals, number of cases pending, length of time required to process each
application and deliver benefits, number of applicants eligible for expedited
issuance, length of time required to process and deliver expedited issuance,
number of terminations and reasons for terminations, client profiles by age,
household composition and income level and sources, and the use of phone
certification and home visits. The
commissioner shall determine the county-by-county and statewide participation
rate.
(b) On July 1 of each year, the commissioner of human services
shall determine a statewide and county-by-county food stamp program
participation rate. The commissioner
may designate a different agency to administer the food stamp program in a
county if the agency administering the program fails to increase the food stamp
program participation rate among families or eligible individuals, or comply
with all federal laws and regulations governing the food stamp program. The
commissioner shall review agency performance annually to determine compliance
with this paragraph.
(c) A person who commits any of the following acts has
violated section 256.98 or 609.821, or both, and is subject to both the
criminal and civil penalties provided under those sections:
(1) obtains or attempts to obtain, or aids or abets any person
to obtain by means of a willful statement or misrepresentation, or intentional
concealment of a material fact, food stamps or vouchers issued according to
sections 145.891 to 145.897 to which the person is not entitled or in an amount
greater than that to which that person is entitled or which specify nutritional
supplements to which that person is not entitled; or
(2) presents or causes to be presented, coupons or vouchers
issued according to sections 145.891 to 145.897 for payment or redemption
knowing them to have been received, transferred or used in a manner contrary to
existing state or federal law; or
(3) willfully uses, possesses, or transfers food stamp coupons,
authorization to purchase cards or vouchers issued according to sections
145.891 to 145.897 in any manner contrary to existing state or federal law,
rules, or regulations; or
(4) buys or sells food stamp coupons, authorization to purchase
cards, other assistance transaction devices, vouchers issued according to
sections 145.891 to 145.897, or any food obtained through the redemption of
vouchers issued according to sections 145.891 to 145.897 for cash or
consideration other than eligible food.
(d) A peace officer or welfare fraud investigator may
confiscate food stamps, authorization to purchase cards, or other assistance transaction
devices found in the possession of any person who is neither a recipient of the
food stamp program nor otherwise authorized to possess and use such materials.
Confiscated property shall be disposed of as the commissioner may direct and
consistent with state and federal food stamp law. The confiscated property must be retained for a period of not
less than 30 days to allow any affected person to appeal the confiscation under
section 256.045.
(e) Food stamp overpayment claims which are due in whole or in
part to client error shall be established by the county agency for a period of
six years from the date of any resultant overpayment.
(f) With regard to the federal tax revenue offset program only,
recovery incentives authorized by the federal food and consumer service shall
be retained at the rate of 50 percent by the state agency and 50 percent by the
certifying county agency.
(g) A peace officer, welfare fraud investigator, federal law
enforcement official, or the commissioner of health may confiscate vouchers
found in the possession of any person who is neither issued vouchers under
sections 145.891 to 145.897, nor otherwise authorized to possess and use such
vouchers. Confiscated property shall be disposed of as the commissioner of health
may direct and consistent with state and federal law. The confiscated property
must be retained for a period of not less than 30 days.
(h) The commissioner of human services shall seek a waiver
from the United States Department of Agriculture to allow the state
to specify foods that may and may not be purchased in Minnesota with
benefits funded by the federal Food Stamp Program.
Sec. 107. Laws 1997,
chapter 203, article 9, section 21, as amended by Laws 1998, chapter 407,
article 6, section 111, Laws 2000, chapter 488, article 10, section 28, and
Laws 2001, First Special Session chapter 9, article 10, section 62, is amended
to read:
Sec. 21. [INELIGIBILITY FOR STATE FUNDED PROGRAMS.]
(a) Effective on the date specified, the following persons will
be ineligible for general assistance and general assistance medical care under
Minnesota Statutes, chapter 256D, group residential housing under Minnesota
Statutes, chapter 256I, and MFIP assistance under Minnesota Statutes, chapter
256J, funded with state money:
(1) Beginning July 1, 2002, persons who are terminated from or
denied Supplemental Security Income due to the 1996 changes in the federal law
making persons whose alcohol or drug addiction is a material factor
contributing to the person's disability ineligible for Supplemental Security
Income, and are eligible for general assistance under Minnesota Statutes,
section 256D.05, subdivision 1, paragraph (a), clause (15), general assistance
medical care under Minnesota Statutes, chapter 256D, or group residential
housing under Minnesota Statutes, chapter 256I; and
(2) Beginning July 1, 2002, legal noncitizens who are
ineligible for Supplemental Security Income due to the 1996 changes in federal
law making certain noncitizens ineligible for these programs due to their
noncitizen status; and.
(3) Beginning July 1, 2003, legal noncitizens who are
eligible for MFIP assistance, either the cash assistance portion or the food
assistance portion, funded entirely with state money.
(b) State money that remains unspent due to changes in federal
law enacted after May 12, 1997, that reduce state spending for legal
noncitizens or for persons whose alcohol or drug addiction is a material factor
contributing to the person's disability, or enacted after February 1, 1998,
that reduce state spending for food benefits for legal noncitizens shall not
cancel and shall be deposited in the TANF reserve account.
Sec. 108. [REVISOR'S
INSTRUCTION.]
(a) In the next publication of Minnesota Statutes, the revisor
of statutes shall codify section 107 of this act.
(b) Wherever "food stamp" or "food
stamps" appears in Minnesota Statutes and Rules, the revisor of
statutes shall insert "food support" or "or food
support" except for instances where federal code or federal law is
referenced.
(c) For sections in Minnesota Statutes and Minnesota Rules
affected by the repealed sections in this article, the revisor shall
delete internal cross-references where appropriate and make changes
necessary to correct the punctuation, grammar, or structure of the
remaining text and preserve its meaning.
Sec. 109. [REPEALER.]
(a) Minnesota Statutes 2002, sections 256J.02, subdivision
3; 256J.08, subdivisions 28 and 70; 256J.24, subdivision 8; 256J.30,
subdivision 10; 256J.462; 256J.47; 256J.48; 256J.49, subdivisions 1a, 2,
6, and 7; 256J.50, subdivisions 2, 3, 3a, 5, and 7; 256J.52; 256J.62,
subdivisions 1, 2a, 4, 6, 7, and 8; 256J.625; 256J.655; 256J.74,
subdivision 3; 256J.751, subdivisions 3 and 4; 256J.76; and 256K.30, are
repealed.
(b) Laws 2000, chapter 488, article 10, section 29, is repealed.
ARTICLE
2
HEALTH
CARE
Section 1. Minnesota
Statutes 2002, section 16A.724, is amended to read:
16A.724 [HEALTH CARE ACCESS FUND.]
A health care access fund is created in the state
treasury. The fund is a direct
appropriated special revenue fund. The
commissioner shall deposit to the credit of the fund money made available to
the fund. Notwithstanding section
11A.20, after June 30, 1997, all investment income and all investment losses
attributable to the investment of the health care access fund not currently
needed shall be credited to the health care access fund. The health care access fund shall sunset
on June 30, 2005, and all remaining funds shall be deposited in the
general fund. Beginning July 1, 2005,
all activities which would otherwise receive funding from the health
care access fund shall be funded out of the general fund.
Sec. 2. [151.4611]
[PURCHASE OF PRESCRIBER PRACTICE DATA PROHIBITED.]
A manufacturer or wholesale drug distributor shall not purchase
or otherwise obtain data relating to practitioners prescribing or
dispensing practices or patterns.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 3. Minnesota
Statutes 2002, section 256.01, subdivision 2, is amended to read:
Subd. 2. [SPECIFIC
POWERS.] Subject to the provisions of section 241.021, subdivision 2, the
commissioner of human services shall:
(1) Administer and supervise all forms of public assistance
provided for by state law and other welfare activities or services as are
vested in the commissioner.
Administration and supervision of human services activities or services
includes, but is not limited to, assuring timely and accurate distribution of
benefits, completeness of service, and quality program management. In addition to administering and supervising
human services activities vested by law in the department, the commissioner
shall have the authority to:
(a) require county agency participation in training and
technical assistance programs to promote compliance with statutes, rules,
federal laws, regulations, and policies governing human services;
(b) monitor, on an ongoing basis, the performance of county
agencies in the operation and administration of human services, enforce
compliance with statutes, rules, federal laws, regulations, and policies
governing welfare services and promote excellence of administration and program
operation;
(c) develop a quality control program or other monitoring program
to review county performance and accuracy of benefit determinations;
(d) require county agencies to make an adjustment to the public
assistance benefits issued to any individual consistent with federal law and
regulation and state law and rule and to issue or recover benefits as
appropriate;
(e) delay or deny payment of all or part of the state and
federal share of benefits and administrative reimbursement according to the
procedures set forth in section 256.017;
(f) make contracts with and grants to public and private
agencies and organizations, both profit and nonprofit, and individuals, using
appropriated funds; and
(g) enter into contractual agreements with federally recognized
Indian tribes with a reservation in Minnesota to the extent necessary for the
tribe to operate a federally approved family assistance program or any other
program under the supervision of the commissioner. The commissioner shall consult with the affected county or counties
in the
contractual agreement negotiations, if the county or counties wish to be
included, in order to avoid the duplication of county and tribal assistance
program services. The commissioner may
establish necessary accounts for the purposes of receiving and disbursing funds
as necessary for the operation of the programs.
(2) Inform county agencies, on a timely basis, of changes in
statute, rule, federal law, regulation, and policy necessary to county agency
administration of the programs.
(3) Administer and supervise all child welfare activities;
promote the enforcement of laws protecting handicapped, dependent, neglected
and delinquent children, and children born to mothers who were not married to
the children's fathers at the times of the conception nor at the births of the
children; license and supervise child-caring and child-placing agencies and
institutions; supervise the care of children in boarding and foster homes or in
private institutions; and generally perform all functions relating to the field
of child welfare now vested in the state board of control.
(4) Administer and supervise all noninstitutional service to
handicapped persons, including those who are visually impaired, hearing
impaired, or physically impaired or otherwise handicapped. The commissioner may provide and contract
for the care and treatment of qualified indigent children in facilities other
than those located and available at state hospitals when it is not feasible to
provide the service in state hospitals.
(5) Assist and actively cooperate with other departments,
agencies and institutions, local, state, and federal, by performing services in
conformity with the purposes of Laws 1939, chapter 431.
(6) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in conformity with the
provisions of Laws 1939, chapter 431, including the administration of any
federal funds granted to the state to aid in the performance of any functions
of the commissioner as specified in Laws 1939, chapter 431, and including the
promulgation of rules making uniformly available medical care benefits to all
recipients of public assistance, at such times as the federal government
increases its participation in assistance expenditures for medical care to
recipients of public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(7) Establish and maintain any administrative units reasonably
necessary for the performance of administrative functions common to all
divisions of the department.
(8) Act as designated guardian of both the estate and the
person of all the wards of the state of Minnesota, whether by operation of law
or by an order of court, without any further act or proceeding whatever, except
as to persons committed as mentally retarded.
For children under the guardianship of the commissioner whose interests
would be best served by adoptive placement, the commissioner may contract with
a licensed child-placing agency or a Minnesota tribal social services agency to
provide adoption services. A contract
with a licensed child-placing agency must be designed to supplement existing
county efforts and may not replace existing county programs, unless the
replacement is agreed to by the county board and the appropriate exclusive
bargaining representative or the commissioner has evidence that child
placements of the county continue to be substantially below that of other
counties. Funds encumbered and obligated under an agreement for a specific
child shall remain available until the terms of the agreement are fulfilled or
the agreement is terminated.
(9) Act as coordinating referral and informational center on
requests for service for newly arrived immigrants coming to Minnesota.
(10) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a limitation upon the
general transfer of powers herein contained.
(11) Establish county, regional, or
statewide schedules of maximum fees and charges which may be paid by county
agencies for medical, dental, surgical, hospital, nursing and nursing home care
and medicine and medical supplies under all programs of medical care provided
by the state and for congregate living care under the income maintenance
programs.
(12) Have the authority to conduct and administer experimental
projects to test methods and procedures of administering assistance and
services to recipients or potential recipients of public welfare. To carry out such experimental projects, it
is further provided that the commissioner of human services is authorized to
waive the enforcement of existing specific statutory program requirements,
rules, and standards in one or more counties.
The order establishing the waiver shall provide alternative methods and
procedures of administration, shall not be in conflict with the basic purposes,
coverage, or benefits provided by law, and in no event shall the duration of a
project exceed four years. It is
further provided that no order establishing an experimental project as authorized
by the provisions of this section shall become effective until the following
conditions have been met:
(a) The secretary of health and human services of the United
States has agreed, for the same project, to waive state plan requirements
relative to statewide uniformity.
(b) A comprehensive plan, including estimated project costs,
shall be approved by the legislative advisory commission and filed with the
commissioner of administration.
(13) According to federal requirements, establish procedures to
be followed by local welfare boards in creating citizen advisory committees,
including procedures for selection of committee members.
(14) Allocate federal fiscal disallowances or sanctions which
are based on quality control error rates for the aid to families with dependent
children program formerly codified in sections 256.72 to 256.87, medical
assistance, or food stamp program in the following manner:
(a) One-half of the total amount of the disallowance shall be
borne by the county boards responsible for administering the programs. For the medical assistance and the AFDC
program formerly codified in sections 256.72 to 256.87, disallowances shall be
shared by each county board in the same proportion as that county's
expenditures for the sanctioned program are to the total of all counties'
expenditures for the AFDC program formerly codified in sections 256.72 to
256.87, and medical assistance programs.
For the food stamp program, sanctions shall be shared by each county
board, with 50 percent of the sanction being distributed to each county in the
same proportion as that county's administrative costs for food stamps are to
the total of all food stamp administrative costs for all counties, and 50
percent of the sanctions being distributed to each county in the same
proportion as that county's value of food stamp benefits issued are to the
total of all benefits issued for all counties.
Each county shall pay its share of the disallowance to the state of
Minnesota. When a county fails to pay
the amount due hereunder, the commissioner may deduct the amount from
reimbursement otherwise due the county, or the attorney general, upon the
request of the commissioner, may institute civil action to recover the amount
due.
(b) Notwithstanding the provisions of paragraph (a), if the
disallowance results from knowing noncompliance by one or more counties with a
specific program instruction, and that knowing noncompliance is a matter of
official county board record, the commissioner may require payment or recover
from the county or counties, in the manner prescribed in paragraph (a), an
amount equal to the portion of the total disallowance which resulted from the
noncompliance, and may distribute the balance of the disallowance according to
paragraph (a).
(15) Develop and implement special projects that maximize
reimbursements and result in the recovery of money to the state. For the purpose of recovering state money,
the commissioner may enter into contracts with third parties. Any recoveries that result from projects or
contracts entered into under this paragraph shall be deposited in the state treasury and credited
to a special account until the balance in the account reaches $1,000,000. When the balance in the account exceeds
$1,000,000, the excess shall be transferred and credited to the general
fund. All money in the account is
appropriated to the commissioner for the purposes of this paragraph.
(16) Have the authority to make direct payments to facilities
providing shelter to women and their children according to section 256D.05,
subdivision 3. Upon the written request
of a shelter facility that has been denied payments under section 256D.05,
subdivision 3, the commissioner shall review all relevant evidence and make a
determination within 30 days of the request for review regarding issuance of
direct payments to the shelter facility.
Failure to act within 30 days shall be considered a determination not to
issue direct payments.
(17) Have the authority to establish and enforce the following
county reporting requirements:
(a) The commissioner shall establish fiscal and statistical
reporting requirements necessary to account for the expenditure of funds
allocated to counties for human services programs. When establishing financial
and statistical reporting requirements, the commissioner shall evaluate all
reports, in consultation with the counties, to determine if the reports can be
simplified or the number of reports can be reduced.
(b) The county board shall submit monthly or quarterly reports
to the department as required by the commissioner. Monthly reports are due no
later than 15 working days after the end of the month. Quarterly reports are due no later than 30
calendar days after the end of the quarter, unless the commissioner determines
that the deadline must be shortened to 20 calendar days to avoid jeopardizing
compliance with federal deadlines or risking a loss of federal funding. Only reports that are complete, legible, and
in the required format shall be accepted by the commissioner.
(c) If the required reports are not received by the deadlines
established in clause (b), the commissioner may delay payments and withhold
funds from the county board until the next reporting period. When the report is needed to account for the
use of federal funds and the late report results in a reduction in federal
funding, the commissioner shall withhold from the county boards with late
reports an amount equal to the reduction in federal funding until full federal
funding is received.
(d) A county board that submits reports that are late,
illegible, incomplete, or not in the required format for two out of three
consecutive reporting periods is considered noncompliant. When a county board is found to be
noncompliant, the commissioner shall notify the county board of the reason the
county board is considered noncompliant and request that the county board
develop a corrective action plan stating how the county board plans to correct
the problem. The corrective action plan
must be submitted to the commissioner within 45 days after the date the county
board received notice of noncompliance.
(e) The final deadline for fiscal reports or amendments to
fiscal reports is one year after the date the report was originally due. If the commissioner does not receive a
report by the final deadline, the county board forfeits the funding associated
with the report for that reporting period and the county board must repay any
funds associated with the report received for that reporting period.
(f) The commissioner may not delay payments, withhold funds, or
require repayment under paragraph (c) or (e) if the county demonstrates that
the commissioner failed to provide appropriate forms, guidelines, and technical
assistance to enable the county to comply with the requirements. If the county board disagrees with an action
taken by the commissioner under paragraph (c) or (e), the county board may
appeal the action according to sections 14.57 to 14.69.
(g) Counties subject to withholding of funds under paragraph
(c) or forfeiture or repayment of funds under paragraph (e) shall not reduce or
withhold benefits or services to clients to cover costs incurred due to actions
taken by the commissioner under paragraph (c) or (e).
(18) Allocate federal fiscal disallowances or sanctions for
audit exceptions when federal fiscal disallowances or sanctions are based on a
statewide random sample for the foster care program under title IV-E of the
Social Security Act, United States Code, title 42, in direct proportion to each
county's title IV-E foster care maintenance claim for that period.
(19) Be responsible for ensuring the detection, prevention,
investigation, and resolution of fraudulent activities or behavior by
applicants, recipients, and other participants in the human services programs
administered by the department.
(20) Require county agencies to identify overpayments,
establish claims, and utilize all available and cost-beneficial methodologies
to collect and recover these overpayments in the human services programs
administered by the department.
(21) Have the authority to administer a drug rebate program for
drugs purchased pursuant to the prescription drug program established under
section 256.955 after the beneficiary's satisfaction of any deductible established
in the program. The commissioner shall
require a rebate agreement from all manufacturers of covered drugs as defined
in section 256B.0625, subdivision 13.
Rebate agreements for prescription drugs delivered on or after July 1,
2002, must include rebates for individuals covered under the prescription drug
program who are under 65 years of age.
For each drug, the amount of the rebate shall be equal to the basic
rebate as defined for purposes of the federal rebate program in United States
Code, title 42, section 1396r-8(c)(1). This
basic rebate shall be applied to single-source and multiple-source drugs. The manufacturers must provide full payment
within 30 days of receipt of the state invoice for the rebate within the terms
and conditions used for the federal rebate program established pursuant to
section 1927 of title XIX of the Social Security Act. The manufacturers must provide the commissioner with any
information necessary to verify the rebate determined per drug. The rebate program shall utilize the terms
and conditions used for the federal rebate program established pursuant to
section 1927 of title XIX of the Social Security Act.
(22) Have the authority to administer the federal drug rebate
program for drugs purchased under the medical assistance program as allowed by
section 1927 of title XIX of the Social Security Act and according to the terms
and conditions of section 1927. Rebates
shall be collected for all drugs that have been dispensed or administered in an
outpatient setting and that are from manufacturers who have signed a rebate
agreement with the United States Department of Health and Human Services.
(23) Have the authority to administer a supplemental drug
rebate program for drugs purchased under the medical assistance program. The commissioner may enter into supplemental
rebate contracts with pharmaceutical manufacturers and may require prior
authorization for drugs that are from manufacturers that have not signed a
supplemental rebate contract. Prior
authorization of drugs shall be subject to the provisions of section 256B.0625,
subdivision 13.
(24) Operate the department's communication systems account
established in Laws 1993, First Special Session chapter 1, article 1, section
2, subdivision 2, to manage shared communication costs necessary for the
operation of the programs the commissioner supervises. A communications account may also be
established for each regional treatment center which operates communications
systems. Each account must be used to
manage shared communication costs necessary for the operations of the programs
the commissioner supervises. The
commissioner may distribute the costs of operating and maintaining
communication systems to participants in a manner that reflects actual usage.
Costs may include acquisition, licensing, insurance, maintenance, repair, staff
time and other costs as determined by the commissioner. Nonprofit organizations and state, county,
and local government agencies involved in the operation of programs the
commissioner supervises may participate in the use of the department's
communications technology and share in the cost of operation. The commissioner may accept on behalf of the
state any gift, bequest, devise or
personal property of any kind, or money tendered to the state for any lawful
purpose pertaining to the communication activities of the department. Any money
received for this purpose must be deposited in the department's communication
systems accounts. Money collected by
the commissioner for the use of communication systems must be deposited in the
state communication systems account and is appropriated to the commissioner for
purposes of this section.
(25) Receive any federal matching money that is made available
through the medical assistance program for the consumer satisfaction
survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The commissioner may expend the federal money
received for the consumer satisfaction survey in either year of the biennium.
(26) Incorporate cost reimbursement claims from First Call
Minnesota and Greater Twin Cities United Way into the federal cost
reimbursement claiming processes of the department according to federal law,
rule, and regulations. Any
reimbursement received is appropriated to the commissioner and shall be
disbursed to First Call Minnesota and Greater Twin Cities United Way according
to normal department payment schedules.
(27) Develop recommended standards for foster care homes that
address the components of specialized therapeutic services to be provided by
foster care homes with those services.
Sec. 4. Minnesota
Statutes 2002, section 256.046, subdivision 1, is amended to read:
Subdivision 1. [HEARING
AUTHORITY.] A local agency must initiate an administrative fraud
disqualification hearing for individuals accused of wrongfully obtaining
assistance or intentional program violations, in lieu of a criminal action when
it has not been pursued, in the aid to families with dependent children program
formerly codified in sections 256.72 to 256.87, MFIP, child care assistance
programs, general assistance, family general assistance program formerly
codified in section 256D.05, subdivision 1, clause (15), Minnesota supplemental
aid, medical care, or food stamp programs, general assistance
medical care, MinnesotaCare for adults without children, and upon
federal approval, all categories of medical assistance and remaining
categories of MinnesotaCare except for children ages up to 18. The hearing is subject to the requirements
of section 256.045 and the requirements in Code of Federal Regulations, title
7, section 273.16, for the food stamp program and title 45, section 235.112, as
of September 30, 1995, for the cash grant and medical care programs.
Sec. 5. [256.954]
[PRESCRIPTION DRUG DISCOUNT PROGRAM.]
Subdivision 1.
[ESTABLISHMENT; ADMINISTRATION.] The commissioner of human
services shall establish and administer the prescription drug discount
program, effective January 1, 2004.
Subd. 2. [COMMISSIONER'S
AUTHORITY.] The commissioner shall administer a drug rebate program
for drugs purchased according to the prescription drug discount
program. The commissioner shall
require a rebate agreement from all manufacturers of covered drugs as
defined in section 256B.0625, subdivision 13. For each drug, the amount of the rebate shall be equal to
the rebate as defined for purposes of the federal rebate program in
United States Code, title 42, section 1396r-8. The rebate program shall utilize the terms and conditions
used for the federal rebate program established according to section
1927 of title XIX of the federal Social Security Act.
Subd. 3.
[DEFINITIONS.] For the purpose of this section, the following
terms have the meanings given them:
(a) "Commissioner" means the commissioner of human
services.
(b) "Manufacturer" means a manufacturer as defined
in section 151.44, paragraph (c).
(c) "Covered prescription drug" means a
prescription drug as defined in section 151.44, paragraph (d), that is
covered under medical assistance as described in section 256B.0625, subdivision
13, and that is provided by a manufacturer that has a fully executed
rebate agreement with the commissioner under this section and complies
with that agreement. Multisource drugs
for which there are three or more drug products are not subject to the
requirements of this section. This
exemption does not apply to innovator multisource drugs.
(d) "Health carrier" means an insurance company
licensed under chapter 60A to offer, sell, or issue an individual or
group policy of accident and sickness insurance as defined in section
62A.01; a nonprofit health service plan corporation operating under
chapter 62C; a health maintenance organization operating under chapter
62D; a joint self-insurance employee health plan operating under chapter
62H; a community integrated systems network licensed under chapter 62N;
a fraternal benefit society operating under chapter 64B; a city, county,
school district, or other political subdivision providing self-insured
health coverage under section 461.617 or sections 471.98 to 471.982;
and a self-funded health plan under the Employee Retirement Income
Security Act of 1974, as amended.
(e) "Participating pharmacy" means a pharmacy as
defined in section 151.01, subdivision 2, that agrees to participate in
the prescription drug discount program.
(f) "Enrolled individual" means a person who is
eligible for the program under subdivision 4 and has enrolled in the
program according to subdivision 5.
Subd. 4.
[ELIGIBLE PERSONS.] To be eligible for the program, an
applicant must:
(1) be a permanent resident of Minnesota as defined in section
256L.09, subdivision 4;
(2) not be enrolled in medical assistance, general assistance
medical care, MinnesotaCare, or the prescription drug program under
section 256.955;
(3) not be enrolled in and have currently available prescription
drug coverage under a health plan offered by a health carrier;
(4) not be enrolled in and have currently available prescription
drug coverage under a Medicare supplement plan, as defined in sections
62A.31 to 62A.44, or policies, contracts, or certificates that
supplement Medicare issued by health maintenance organizations or those
policies, contracts, or certificates governed by section 1833 or 1876 of
the federal Social Security Act, United States Code, title 42, section
1395, et. seq., as amended; and
(5) have a gross household income that does not exceed 250
percent of the federal poverty guidelines.
Subd. 5. [APPLICATION
PROCEDURE.] (a) Applications and information on the program must be
made available at county social services agencies, health care provider
offices, and agencies and organizations serving senior citizens. Individuals shall submit applications
and any information specified by the commissioner as being necessary to
verify eligibility directly to the commissioner. The commissioner shall determine an applicant's
eligibility for the program within 30 days from the date the application
is received. Eligibility begins the
month after approval.
(b) The commissioner shall develop an application form that
does not exceed one page in length and requires information necessary
to determine eligibility for the program.
Subd. 6.
[PARTICIPATING PHARMACY.] According to a valid prescription, a
participating pharmacy must sell a covered prescription drug to an
enrolled individual at the pharmacy's usual and customary retail price,
minus an amount that is equal to the rebate amount described in
subdivision 8, plus the amount of any administrative fee and switch fee established by
the commissioner under subdivision 10.
Each participating pharmacy shall provide the commissioner with
all information necessary to administer the program, including, but not
limited to, information on prescription drug sales to enrolled
individuals and usual and customary retail prices.
Subd. 7.
[NOTIFICATION OF REBATE AMOUNT.] The commissioner shall notify
each drug manufacturer, each calendar quarter or according to a schedule
to be established by the commissioner, of the amount of the rebate owed
on the prescription drugs sold by participating pharmacies to enrolled
individuals.
Subd. 8.
[PROVISION OF REBATE.] To the extent that a manufacturer's
prescription drugs are prescribed to a citizen of this state, the
manufacturer must provide a rebate equal to the rebate provided under
the medical assistance program for any prescription drug distributed by
the manufacturer that is purchased by an enrolled individual at a
participating pharmacy. The
manufacturer must provide full payment within 30 days of receipt of the
state invoice for the rebate, or according to a schedule to be
established by the commissioner. The commissioner shall deposit all
rebates received into the Minnesota prescription drug dedicated fund
established under this section.
The manufacturer must provide the commissioner with any
information necessary to verify the rebate determined per drug.
Subd. 9.
[PAYMENT TO PHARMACIES.] The commissioner shall distribute on
a biweekly basis an amount that is equal to an estimate of the rebate
amount described in subdivision 8 to each participating pharmacy based
on the prescription drugs sold by that pharmacy to enrolled individuals,
minus the amount of the administrative fee established by the
commissioner under subdivision 10.
Subd. 10.
[ADMINISTRATIVE FEE; SWITCH FEE.] The commissioner shall
establish a reasonable administrative fee that covers the commissioner's
expenses for enrollment, processing claims, repaying the appropriation
from the health care access fund over a seven-year period, and
distributing rebates under this program. The commissioner shall establish a reasonable switch fee
that covers expenses incurred by pharmacies in formatting for electronic
submission claims for prescription drugs sold to enrolled individuals.
Subd. 11.
[DEDICATED FUND; CREATION; USE OF FUND.] (a) The Minnesota
prescription drug dedicated fund is established as an account in the
state treasury. The commissioner of
finance shall credit to the dedicated fund all rebates paid under subdivision
8, any federal funds received for the program, and any appropriations or
allocations designated for the fund.
The commissioner of finance shall ensure that fund money is
invested under section 11A.25.
All money earned by the fund must be credited to the fund. The fund shall earn a proportionate share
of the total state annual investment income.
(b) Money in the fund is appropriated to the commissioner
of human services to reimburse participating pharmacies for prescription
drug discounts provided to enrolled individuals under this section, to
reimburse the commissioner of human services for costs related to
enrollment, processing claims, distributing rebates, and for other
reasonable administrative costs related to administration of the
prescription drug discount program, and to repay the appropriation
provided for this section. The
commissioner must administer the program so that the costs total no more
than funds appropriated plus the drug rebate proceeds.
Sec. 6. Minnesota
Statutes 2002, section 256.955, subdivision 2a, is amended to read:
Subd. 2a.
[ELIGIBILITY.] An individual satisfying the following requirements and
the requirements described in subdivision 2, paragraph (d), is eligible for the
prescription drug program:
(1) is at least 65 years of age or older; and
(2) is eligible as a qualified Medicare beneficiary according
to section 256B.057, subdivision 3, or 3a, or 3b, clause (1),
or is eligible under section 256B.057, subdivision 3, or 3a, or
3b, clause (1), and is also eligible for medical assistance or general
assistance medical care with a spenddown as defined in section 256B.056,
subdivision 5.
Sec. 7. Minnesota Statutes 2002, section 256.955, subdivision 3, is
amended to read:
Subd. 3. [PRESCRIPTION
DRUG COVERAGE.] Coverage under the program shall be limited to those
prescription drugs that:
(1) are covered under the medical assistance program as
described in section 256B.0625, subdivision 13; and
(2) are provided by manufacturers that have fully executed
senior drug rebate agreements with the commissioner and comply with such
agreements; and
(3) for a specific enrollee, are not covered under an assistance
program offered by a pharmaceutical manufacturer, as determined by the
board on aging under section 256.975, subdivision 9, except that this
shall not apply to qualified individuals under this section who are also
eligible for medical assistance with a spenddown as described in
subdivision 2a, clause (2), and subdivision 2b, clause (2).
[EFFECTIVE DATE.] This
section is effective 90 days after implementation by the board of aging
of the prescription drug assistance program under section 256.975,
subdivision 9.
Sec. 8. Minnesota
Statutes 2002, section 256.955, is amended by adding a subdivision to read:
Subd. 4a.
[REFERRALS TO PRESCRIPTION DRUG ASSISTANCE PROGRAM.] County social
service agencies, in coordination with the commissioner and the
Minnesota board on aging, shall refer individuals applying to the
prescription drug program, or enrolled in the prescription drug program,
to the prescription drug assistance program for all required
prescription drugs that the board on aging determines, under section
256.975, subdivision 9, are covered under an assistance program offered
by a pharmaceutical manufacturer.
Applicants and enrollees referred to the prescription drug
assistance program remain eligible for coverage under the prescription
drug program of all prescription drugs covered under subdivision 3. The board on aging shall phase-in
participation of enrollees, over a period of 90 days, after
implementation of the program under section 256.975, subdivision 9. This subdivision does not apply to individuals
who are also eligible for medical assistance with a spenddown as defined
in section 256B.056, subdivision 5.
[EFFECTIVE DATE.] This
section is effective 90 days after implementation by the board of aging
of the prescription drug assistance program under section 256.975,
subdivision 9.
Sec. 9. Minnesota
Statutes 2002, section 256.969, subdivision 2b, is amended to read:
Subd. 2b. [OPERATING
PAYMENT RATES.] In determining operating payment rates for admissions occurring
on or after the rate year beginning January 1, 1991, and every two years after,
or more frequently as determined by the commissioner, the commissioner shall
obtain operating data from an updated base year and establish operating payment
rates per admission for each hospital based on the cost-finding methods and
allowable costs of the Medicare program in effect during the base year. Rates
under the general assistance medical care, medical assistance, and
MinnesotaCare programs shall not be rebased to more current data on January 1,
1997, and January 1, 2005. The
base year operating payment rate per admission is standardized by the case mix
index and adjusted by the hospital cost index, relative values, and
disproportionate population adjustment. The cost and charge data used to
establish operating rates shall only reflect inpatient services covered by
medical assistance and shall not include property cost information and costs
recognized in outlier payments.
Sec. 10. Minnesota
Statutes 2002, section 256.969, subdivision 3a, is amended to read:
Subd. 3a. [PAYMENTS.]
(a) Acute care hospital billings under the medical assistance program must not
be submitted until the recipient is discharged. However, the commissioner shall establish monthly interim
payments for inpatient hospitals that have individual patient lengths of stay
over 30 days regardless of diagnostic category. Except as provided in section 256.9693, medical assistance
reimbursement for treatment of mental illness shall be reimbursed
based on diagnostic classifications. Individual hospital payments established
under this section and sections 256.9685, 256.9686, and 256.9695, in addition
to third party and recipient liability, for discharges occurring during the
rate year shall not exceed, in aggregate, the charges for the medical
assistance covered inpatient services paid for the same period of time to the
hospital. This payment limitation shall
be calculated separately for medical assistance and general assistance medical
care services. The limitation on
general assistance medical care shall be effective for admissions occurring on
or after July 1, 1991. Services that
have rates established under subdivision 11 or 12, must be limited separately
from other services. After consulting
with the affected hospitals, the commissioner may consider related hospitals
one entity and may merge the payment rates while maintaining separate provider
numbers. The operating and property
base rates per admission or per day shall be derived from the best Medicare and
claims data available when rates are established. The commissioner shall determine the best Medicare and claims
data, taking into consideration variables of recency of the data, audit
disposition, settlement status, and the ability to set rates in a timely manner. The commissioner shall notify hospitals of
payment rates by December 1 of the year preceding the rate year. The rate setting data must reflect the
admissions data used to establish relative values. Base year changes from 1981 to the base year established for the
rate year beginning January 1, 1991, and for subsequent rate years, shall not
be limited to the limits ending June 30, 1987, on the maximum rate of increase
under subdivision 1. The commissioner
may adjust base year cost, relative value, and case mix index data to exclude
the costs of services that have been discontinued by the October 1 of the year
preceding the rate year or that are paid separately from inpatient services.
Inpatient stays that encompass portions of two or more rate years shall have
payments established based on payment rates in effect at the time of admission
unless the date of admission preceded the rate year in effect by six months or
more. In this case, operating payment
rates for services rendered during the rate year in effect and established
based on the date of admission shall be adjusted to the rate year in effect by
the hospital cost index.
(b) For fee-for-service admissions occurring on or after July
1, 2002, the total payment, before third-party liability and spenddown, made to
hospitals for inpatient services is reduced by .5 percent from the current
statutory rates.
(c) In addition to the reduction in paragraph (b), the total
payment for fee-for-service admissions occurring on or after July 1,
2003, made to hospitals for inpatient services before third-party
liability and spenddown, is reduced 2.5 percent from the current
statutory rates. Mental health services
within diagnosis related groups 424 to 432, and facilities defined under
subdivision 16 are excluded from this paragraph.
Sec. 11. Minnesota
Statutes 2002, section 256.975, is amended by adding a subdivision to read:
Subd. 9.
[PRESCRIPTION DRUG ASSISTANCE.] (a) The Minnesota board on
aging shall establish and administer a prescription drug assistance
program to assist individuals in accessing programs offered by
pharmaceutical manufacturers that provide free or discounted
prescription drugs or provide coverage for prescription drugs. The board shall use computer software programs
to link individuals with the pharmaceutical assistance programs most
appropriate for the individual. The
board shall make information on the prescription drug assistance program
available to interested individuals and health care providers and
shall coordinate the program with the statewide information and
assistance services provided through the Senior LinkAge Line under
subdivision 7.
(b) The board shall work with the commissioner and county
social service agencies to coordinate the enrollment of individuals
who are referred to the prescription drug assistance program from the
prescription drug program, as required under section 256.955,
subdivision 4a.
Sec. 12. Minnesota
Statutes 2002, section 256.98, subdivision 3, is amended to read:
Subd. 3. [AMOUNT OF
ASSISTANCE INCORRECTLY PAID.] The amount of the assistance incorrectly paid
under this section is:
(a) the difference between the
amount of assistance actually received on the basis of misrepresented or
concealed facts and the amount to which the recipient would have been entitled
had the specific concealment or misrepresentation not occurred. Unless required by law, rule, or regulation,
earned income disregards shall not be applied to earnings not reported by the
recipient; or
(b) equal to all payments for health care services, including
capitation payments made to a health plan, made on behalf of a person
enrolled in MinnesotaCare, medical assistance, or general assistance
medical care, for which the person was not entitled due to the
concealment or misrepresentation of facts.
Sec. 13. Minnesota
Statutes 2002, section 256.98, subdivision 4, is amended to read:
Subd. 4. [RECOVERY OF
ASSISTANCE.] The amount of assistance determined to have been incorrectly paid
is recoverable from:
(1) the recipient or the recipient's estate by the county or
the state as a debt due the county or the state or both; and
(2) any person found to have taken independent action to
establish eligibility for, conspired with, or aided and abetted, any recipient
of public assistance found to have been incorrectly paid.
The obligations established under this subdivision shall be
joint and several and shall extend to all cases involving client error as well
as cases involving wrongfully obtained assistance.
MinnesotaCare participants who have been found to have wrongfully
obtained assistance as described in subdivision 1, but who otherwise
remain eligible for the program, may agree to have their MinnesotaCare
premiums increased by an amount equal to ten percent of their premiums
or $10 per month, whichever is greater, until the debt is satisfied.
Sec. 14. Minnesota
Statutes 2002, section 256.98, subdivision 8, is amended to read:
Subd. 8.
[DISQUALIFICATION FROM PROGRAM.] (a) Any person found to be guilty of
wrongfully obtaining assistance by a federal or state court or by an
administrative hearing determination, or waiver thereof, through a
disqualification consent agreement, or as part of any approved diversion plan
under section 401.065, or any court-ordered stay which carries with it any probationary
or other conditions, in the Minnesota family investment program, the food stamp
program, the general assistance program, the group residential housing program,
or the Minnesota supplemental aid program shall be disqualified from that
program. In addition, any person
disqualified from the Minnesota family investment program shall also be
disqualified from the food stamp program.
The needs of that individual shall not be taken into consideration in
determining the grant level for that assistance unit:
(1) for one year after the first offense;
(2) for two years after the second offense; and
(3) permanently after the third or subsequent offense.
The period of program disqualification shall begin on the date
stipulated on the advance notice of disqualification without possibility of
postponement for administrative stay or administrative hearing and shall
continue through completion unless and until the findings upon which the
sanctions were imposed are reversed by a court of competent jurisdiction. The period for which sanctions are imposed
is not subject to review. The sanctions
provided under this subdivision are in addition to, and not in substitution
for, any other sanctions that may be provided
for by law for the offense involved. A
disqualification established through hearing or waiver shall result in the
disqualification period beginning immediately unless the person has become
otherwise ineligible for assistance. If
the person is ineligible for assistance, the disqualification period begins
when the person again meets the eligibility criteria of the program from which
they were disqualified and makes application for that program.
(b) A family receiving assistance through child care assistance
programs under chapter 119B with a family member who is found to be guilty of
wrongfully obtaining child care assistance by a federal court, state court, or
an administrative hearing determination or waiver, through a disqualification
consent agreement, as part of an approved diversion plan under section 401.065,
or a court-ordered stay with probationary or other conditions, is disqualified
from child care assistance programs.
The disqualifications must be for periods of three months, six months,
and two years for the first, second, and third offenses respectively. Subsequent violations must result in
permanent disqualification. During the
disqualification period, disqualification from any child care program must extend
to all child care programs and must be immediately applied.
(c) Any person found to be guilty of wrongfully obtaining
general assistance medical care, MinnesotaCare for adults without
children, and upon federal approval, all categories of medical
assistance and remaining categories of MinnesotaCare, except for
children up to age 18, by a federal or state court or by an
administrative hearing determination, or waiver thereof, through a
disqualification consent agreement, or as part of any approved diversion
plan under section 401.065, or any court-ordered stay which carries with
it any probationary or other conditions, is disqualified from that
program. The period of
disqualification is one year after the first offense, two years after
the second offense, and permanently after the third or subsequent
offense. The period of program
disqualification shall begin on the date stipulated on the advance
notice of disqualification without possibility of postponement for administrative
stay or administrative hearing and shall continue through completion
unless and until the findings upon which the sanctions were imposed are
reversed by a court of competent jurisdiction. The period for which sanctions are imposed is not subject
to review. The sanctions provided under
this subdivision are in addition to, and not in substitution for, any
other sanctions that may be provided for by law for the offense involved.
Sec. 15. Minnesota
Statutes 2002, section 256B.055, is amended by adding a subdivision to read:
Subd. 13.
[RESIDENTS OF INSTITUTIONS FOR MENTAL DISEASES.] Beginning October 1,
2003, persons who would be eligible for medical assistance under this
chapter but for residing in a facility that is determined by the
commissioner or the federal Centers for Medicare and Medicaid Services
to be an institution for mental diseases are eligible for medical
assistance without federal financial participation.
Sec. 16. Minnesota
Statutes 2002, section 256B.056, subdivision 1a, is amended to read:
Subd. 1a. [INCOME AND
ASSETS GENERALLY.] Unless specifically required by state law or rule or federal
law or regulation, the methodologies used in counting income and assets to
determine eligibility for medical assistance for persons whose eligibility
category is based on blindness, disability, or age of 65 or more years, the
methodologies for the supplemental security income program shall be used. Increases in benefits under title II of the
Social Security Act shall not be counted as income for purposes of this
subdivision until July 1 of each year.
Effective upon federal approval, for children eligible under section
256B.055, subdivision 12, or for home and community-based waiver services whose
eligibility for medical assistance is determined without regard to parental
income, child support payments, including any payments made by an obligor in
satisfaction of or in addition to a temporary or permanent order for child
support, and social security payments are not counted as income. For families and children, which includes
all other eligibility categories, the methodologies under the state's AFDC plan
in effect as of July 16, 1996, as required by the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law and
one-third earned income disregards shall not apply and the disregard specified
in subdivision 1c shall apply October 1, 2003, the earned income
disregards and deductions are limited to those in subdivision 1c. For these purposes, a
"methodology" does not include an asset or income standard, or
accounting method, or method of determining effective dates. Number
104-193, shall be used, except that effective July 1, 2002, the $90 and $30
Sec. 17. Minnesota
Statutes 2002, section 256B.056, subdivision 1c, is amended to read:
Subd. 1c. [FAMILIES
WITH CHILDREN INCOME METHODOLOGY.] (a)(1) For children ages one to five
whose eligibility is determined under section 256B.057, subdivision 2, 21
percent of countable earned income shall be disregarded for up to four
months. This clause expires July 1,
2003.
(2) For children ages one through 18 whose eligibility is
determined under section 256B.057, subdivision 2, the following deductions
shall be applied to income counted toward the child's eligibility as
allowed under the state's AFDC plan in effect as of July 16, 1996: $90 work expense, dependent care, and child
support paid under court order. This
clause is effective October 1, 2003.
(b) For families with children whose eligibility is determined
using the standard specified in section 256B.056, subdivision 4, paragraph (c),
17 percent of countable earned income shall be disregarded for up to four
months and the following deductions shall be applied to each
individual's income counted toward eligibility as allowed under the
state's AFDC plan in effect as of July 16, 1996: dependent care and child support paid
under court order.
(c) If the four month disregard in paragraph (b)
has been applied to the wage earner's income for four months, the disregard
shall not be applied again until the wage earner's income has not been
considered in determining medical assistance eligibility for 12 consecutive
months.
[EFFECTIVE DATE.] The
amendments to paragraphs (b) and (c) are effective July 1, 2003.
Sec. 18. Minnesota
Statutes 2002, section 256B.057, subdivision 1, is amended to read:
Subdivision 1. [PREGNANT
WOMEN AND INFANTS.] (a) An infant less than one year of age or a pregnant
woman who has written verification of a positive pregnancy test from a
physician or licensed registered nurse, is eligible for medical assistance
if countable family income is equal to or less than 275 percent of the federal
poverty guideline for the same family size.
A pregnant woman who has written verification of a positive
pregnancy test from a physician or licensed registered nurse is eligible
for medical assistance if countable family income is equal to or less
than 200 percent of the federal poverty guideline for the same family
size. For purposes of this
subdivision, "countable family income" means the amount of income
considered available using the methodology of the AFDC program under the
state's AFDC plan as of July 16, 1996, as required by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public
Law Number 104-193, except for the earned income disregard and
employment deductions.
(b) An amount equal to the amount of earned income
exceeding 275 percent of the federal poverty guideline, up to a maximum of the
amount by which the combined total of 185 percent of the federal poverty
guideline plus the earned income disregards and deductions of the AFDC program
under the state's AFDC plan as of July 16, 1996, as required by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public
Law Number 104-193, exceeds 275 percent of the federal poverty guideline
will be deducted for pregnant women and infants less than one year of age. This paragraph expires July 1,
2003.
(c) Effective July 1, 2003, dependent care and child support
paid under court order shall be deducted from the countable income of
pregnant women.
(b) (d) An infant born on or after January 1,
1991, to a woman who was eligible for and receiving medical assistance on the
date of the child's birth shall continue to be eligible for medical assistance
without redetermination until the child's first birthday, as long as the child
remains in the woman's household.
[EFFECTIVE DATE.] This
section is effective February 1, 2004, or upon federal approval,
whichever is later, except where a different date is specified in the
text.
Sec. 19. Minnesota
Statutes 2002, section 256B.057, subdivision 2, is amended to read:
Subd. 2. [CHILDREN.]
Except as specified in subdivision 1b, effective July 1, 2002 October
1, 2003, a child one through 18 years of age in a family whose countable
income is no greater than 170 150 percent of the federal poverty
guidelines for the same family size, is eligible for medical assistance.
Sec. 20. Minnesota
Statutes 2002, section 256B.057, subdivision 3b, is amended to read:
Subd. 3b. [QUALIFYING
INDIVIDUALS.] Beginning July 1, 1998, to the extent of the federal
allocation to Minnesota contingent upon federal funding, a person
who would otherwise be eligible as a qualified Medicare beneficiary under
subdivision 3, except that the person's income is in excess of the limit, is
eligible as a qualifying individual according to the following criteria:
(1) if the person's income is greater than 120 percent, but
less than 135 percent of the official federal poverty guidelines for the
applicable family size, the person is eligible for medical assistance
reimbursement of Medicare Part B premiums; or
(2) if the person's income is equal to or greater than 135
percent but less than 175 percent of the official federal poverty guidelines
for the applicable family size, the person is eligible for medical assistance
reimbursement of that portion of the Medicare Part B premium attributable to an
increase in Part B expenditures which resulted from the shift of home care
services from Medicare Part A to Medicare Part B under Public Law Number
105-33, section 4732, the Balanced Budget Act of 1997.
The commissioner shall limit enrollment of qualifying
individuals under this subdivision according to the requirements of Public Law Number
105-33, section 4732.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 21. Minnesota
Statutes 2002, section 256B.057, subdivision 9, is amended to read:
Subd. 9. [EMPLOYED
PERSONS WITH DISABILITIES.] (a) Medical assistance may be paid for a person who
is employed and who:
(1) meets the definition of disabled under the supplemental
security income program;
(2) is at least 16 but less than 65 years of age;
(3) meets the asset limits in paragraph (b); and
(4) effective November 1, 2003, pays a premium, if
required, and other obligations under paragraph (c) (d).
Any spousal income or assets
shall be disregarded for purposes of eligibility and premium determinations.
After the month of enrollment, a person enrolled in medical
assistance under this subdivision who:
(1) is temporarily unable to work and without
receipt of earned income due to a medical condition, as verified by a
physician, may retain eligibility for up to four calendar months; or
(2) effective January 1, 2004, loses employment for reasons
not attributable to the enrollee, may retain eligibility for up to
four consecutive months after the month of job loss. To receive a four-month extension, enrollees must verify
the medical condition or provide notification of job loss. All other eligibility requirements
must be met and the enrollee must pay all calculated premium costs for
continued eligibility.
(b) For purposes of determining eligibility under this
subdivision, a person's assets must not exceed $20,000, excluding:
(1) all assets excluded under section 256B.056;
(2) retirement accounts, including individual accounts, 401(k)
plans, 403(b) plans, Keogh plans, and pension plans; and
(3) medical expense accounts set up through the person's
employer.
(c)(1) Effective January 1, 2004, for purposes of eligibility,
there will be a $65 earned income disregard.
To be eligible, a person applying for medical assistance under
this subdivision must have earned income above the disregard level.
(2) Effective January 1, 2004, to be considered earned income,
Medicare, social security, and applicable state and federal income taxes
must be withheld. To be eligible, a
person must document earned income tax withholding.
(d)(1) A person whose earned and unearned income is
equal to or greater than 100 percent of federal poverty guidelines for the
applicable family size must pay a premium to be eligible for medical assistance
under this subdivision. The premium
shall be based on the person's gross earned and unearned income and the
applicable family size using a sliding fee scale established by the
commissioner, which begins at one percent of income at 100 percent of the
federal poverty guidelines and increases to 7.5 percent of income for those
with incomes at or above 300 percent of the federal poverty guidelines. Annual adjustments in the premium schedule
based upon changes in the federal poverty guidelines shall be effective for
premiums due in July of each year.
(2) Effective January 1, 2004, all enrollees must pay a premium
to be eligible for medical assistance under this subdivision. An enrollee shall pay the greater of a $35
premium or the premium calculated in clause (1).
(3) Effective November 1, 2003, all enrollees who receive
unearned income must pay one-half of one percent of unearned income
in addition to the premium amount.
(4) Effective November 1, 2003, for enrollees whose income
does not exceed 150 percent of the federal poverty guidelines and who
are also enrolled in Medicare, the commissioner must reimburse the enrollee
for Medicare Part B premiums under section 256B.0625, subdivision 15,
paragraph (a).
(d) (e) A person's eligibility and premium shall
be determined by the local county agency.
Premiums must be paid to the commissioner. All premiums are dedicated to the commissioner.
the next available billing
month after the change is reported.
Except for changes occurring from annual cost-of-living increases
or verification of income under section 256B.061, paragraph (b), a
change resulting in an increased premium shall not affect the premium
amount until the next six-month review. (e) (f) Any required premium shall be determined
at application and redetermined annually at recertification at the
enrollee's six-month income review or when a change in income or family
household size occurs is reported. Enrollees must report any change in income or household
size within ten days of when the change occurs. A decreased premium resulting from a reported
change in income or household size shall be effective the first day of
(f) (g) Premium payment is due upon notification
from the commissioner of the premium amount required. Premiums may be paid in installments at the discretion of the
commissioner.
(g) (h) Nonpayment of the premium shall result in
denial or termination of medical assistance unless the person demonstrates good
cause for nonpayment. Good cause exists
if the requirements specified in Minnesota Rules, part 9506.0040, subpart 7,
items B to D, are met. Except when
an installment agreement is accepted by the commissioner, all persons
disenrolled for nonpayment of a premium must pay any past due premiums
as well as current premiums due prior to being reenrolled. Nonpayment shall include payment with a
returned, refused, or dishonored instrument.
The commissioner may require a guaranteed form of payment as the only
means to replace a returned, refused, or dishonored instrument.
[EFFECTIVE DATE.] This
section is effective November 1, 2003, except the amendments to
Minnesota Statutes 2002, section 256B.057, subdivision 9, paragraphs (e)
and (g), are effective July 1, 2003.
Sec. 22. Minnesota
Statutes 2002, section 256B.057, subdivision 10, is amended to read:
Subd. 10. [CERTAIN
PERSONS NEEDING TREATMENT FOR BREAST OR CERVICAL CANCER.] (a) Medical
assistance may be paid for a person who:
(1) has been screened for breast or cervical cancer by the
Minnesota breast and cervical cancer control program, and program funds have
been used to pay for the person's screening;
(2) according to the person's treating health professional,
needs treatment, including diagnostic services necessary to determine the
extent and proper course of treatment, for breast or cervical cancer, including
precancerous conditions and early stage cancer;
(3) meets the income eligibility guidelines for the Minnesota
breast and cervical cancer control program;
(4) is under age 65;
(5) is not otherwise eligible for medical assistance under
United States Code, title 42, section 1396(a)(10)(A)(i); and
(6) is not otherwise covered under creditable coverage, as
defined under United States Code, title 42, section 300gg(c) 1396a(aa).
(b) Medical assistance provided for an eligible person under
this subdivision shall be limited to services provided during the period that
the person receives treatment for breast or cervical cancer.
(c) A person meeting the criteria in paragraph (a) is eligible
for medical assistance without meeting the eligibility criteria relating to
income and assets in section 256B.056, subdivisions 1a to 5b.
Sec. 23. Minnesota
Statutes 2002, section 256B.0595, subdivision 1, is amended to read:
Subdivision 1.
[PROHIBITED TRANSFERS.] (a) For transfers of assets made on or before
August 10, 1993, if a person or the person's spouse has given away, sold, or
disposed of, for less than fair market value, any asset or interest therein,
except assets other than the homestead that are excluded under the supplemental
security program, within 30 months before or any
time after the date of institutionalization if the person has been determined
eligible for medical assistance, or within 30 months before or any time after
the date of the first approved application for medical assistance if the person
has not yet been determined eligible for medical assistance, the person is
ineligible for long-term care services for the period of time determined under
subdivision 2.
(b) Effective for transfers made after August 10, 1993, a
person, a person's spouse, or any person, court, or administrative body with
legal authority to act in place of, on behalf of, at the direction of, or upon
the request of the person or person's spouse, may not give away, sell, or
dispose of, for less than fair market value, any asset or interest therein,
except assets other than the homestead that are excluded under the supplemental
security income program, for the purpose of establishing or maintaining medical
assistance eligibility. This applies
to all transfers, including those made by a community spouse after the
month in which the institutionalized spouse is determined eligible for
medical assistance. For
purposes of determining eligibility for long-term care services, any transfer
of such assets within 36 months before or any time after an institutionalized
person applies for medical assistance, or 36 months before or any time after a
medical assistance recipient becomes institutionalized, for less than fair
market value may be considered. Any
such transfer is presumed to have been made for the purpose of establishing or
maintaining medical assistance eligibility and the person is ineligible for
long-term care services for the period of time determined under subdivision 2,
unless the person furnishes convincing evidence to establish that the
transaction was exclusively for another purpose, or unless the transfer is
permitted under subdivision 3 or 4.
Notwithstanding the provisions of this paragraph, in the case of
payments from a trust or portions of a trust that are considered transfers of assets
under federal law, any transfers made within 60 months before or any time after
an institutionalized person applies for medical assistance and within 60 months
before or any time after a medical assistance recipient becomes
institutionalized, may be considered.
(c) This section applies to transfers, for less than fair
market value, of income or assets, including assets that are considered income
in the month received, such as inheritances, court settlements, and retroactive
benefit payments or income to which the person or the person's spouse is
entitled but does not receive due to action by the person, the person's spouse,
or any person, court, or administrative body with legal authority to act in
place of, on behalf of, at the direction of, or upon the request of the person
or the person's spouse.
(d) This section applies to payments for care or personal
services provided by a relative, unless the compensation was stipulated in a
notarized, written agreement which was in existence when the service was
performed, the care or services directly benefited the person, and the payments
made represented reasonable compensation for the care or services
provided. A notarized written agreement
is not required if payment for the services was made within 60 days after the
service was provided.
(e) This section applies to the portion of any asset or
interest that a person, a person's spouse, or any person, court, or
administrative body with legal authority to act in place of, on behalf of, at
the direction of, or upon the request of the person or the person's spouse,
transfers to any annuity that exceeds the value of the benefit likely to be
returned to the person or spouse while alive, based on estimated life
expectancy using the life expectancy tables employed by the supplemental
security income program to determine the value of an agreement for services for
life. The commissioner may adopt rules
reducing life expectancies based on the need for long-term care. This section applies to an annuity described
in this paragraph purchased on or after March 1, 2002, that:
(1) is not purchased from an insurance company or financial
institution that is subject to licensing or regulation by the Minnesota
department of commerce or a similar regulatory agency of another state;
(2) does not pay out principal and interest in equal monthly
installments; or
(3) does not begin payment at the earliest possible date after
annuitization.
(f) For purposes of this section,
long-term care services include services in a nursing facility, services that
are eligible for payment according to section 256B.0625, subdivision 2, because
they are provided in a swing bed, intermediate care facility for persons with
mental retardation, and home and community-based services provided pursuant to
sections 256B.0915, 256B.092, and 256B.49.
For purposes of this subdivision and subdivisions 2, 3, and 4,
"institutionalized person" includes a person who is an inpatient in a
nursing facility or in a swing bed, or intermediate care facility for persons
with mental retardation or who is receiving home and community-based services
under sections 256B.0915, 256B.092, and 256B.49.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 24. Minnesota
Statutes 2002, section 256B.0595, is amended by adding a subdivision to read:
Subd. 1b.
[PROHIBITED TRANSFERS.] (a) Notwithstanding any contrary
provisions of this section, this subdivision applies to transfers
involving recipients of medical assistance that are made on or after its
effective date and to all transfers involving persons who apply for
medical assistance on or after its effective date if the transfer
occurred within 72 months before the person applies for medical
assistance, except that this subdivision does not apply to transfers
made prior to July 1, 2003. A
person, a person's spouse, or any person, court, or administrative body
with legal authority to act in place of, on behalf of, at the direction
of, or upon the request of the person or the person's spouse, may not
give away, sell, dispose of, or reduce ownership or control of any
income, asset, or interest therein for less than fair market value for
the purpose of establishing or maintaining medical assistance
eligibility. This applies to all transfers, including those made by a
community spouse after the month in which the institutionalized spouse
is determined eligible for medical assistance.
For purposes of determining eligibility for medical assistance
services, any transfer of such income or assets for less than fair
market value within 72 months before or any time after a person applies
for medical assistance may be considered.
Any such transfer is presumed to have been made for the purpose
of establishing or maintaining medical assistance eligibility, and the
person is ineligible for medical assistance services for the period of
time determined under subdivision 2b, unless the person furnishes
convincing evidence to establish that the transaction was exclusively
for another purpose or unless the transfer is permitted under
subdivision 3b or 4b.
(b) This section applies to transfers to trusts. The commissioner shall determine
valid trust purposes under this section. Assets placed into a trust that is not for a valid purpose
shall always be considered available for the purposes of medical
assistance eligibility, regardless of when the trust is established.
(c) This section applies to transfers of income or assets
for less than fair market value, including assets that are considered
income in the month received, such as inheritances, court settlements,
and retroactive benefit payments or income to which the person or the
person's spouse is entitled but does not receive due to action by the
person, the person's spouse, or any person, court, or administrative
body with legal authority to act in place of, on behalf of, at the
direction of, or upon the request of the person or the person's spouse.
(d) This section applies to payments for care or personal
services provided by a relative, unless the compensation was stipulated
in a notarized written agreement that was in existence when the service
was performed, the care or services directly benefited the person, and
the payments made represented reasonable compensation for the care or
services provided. A notarized
written agreement is not required if payment for the services was made
within 60 days after the service was provided.
(e) This section applies to the portion of any income, asset,
or interest therein that a person, a person's spouse, or any person,
court, or administrative body with legal authority to act in place of,
on behalf of, at the direction of, or upon the request of the person or
the person's spouse, transfers to any annuity that exceeds the value of
the benefit likely to be returned to the person or the person's spouse
while alive, based on estimated life expectancy, using the life
expectancy tables employed by the supplemental security income program,
or based on a shorter life expectancy if the annuitant had a medical
condition that would shorten the annuitant's life expectancy and that
was diagnosed before
funds were placed into the annuity. The agency may request and receive a
physician's statement to determine if the annuitant had a diagnosed
medical condition that would shorten the annuitant's life
expectancy. If so, the agency
shall determine the expected value of the benefits based upon the
physician's statement instead of using a life expectancy table. This section applies to an annuity described
in this paragraph purchased on or after March 1, 2002, that:
(1) is not purchased from an insurance company or financial
institution that is subject to licensing or regulation by the Minnesota
department of commerce or a similar regulatory agency of another state;
(2) does not pay out principal and interest in equal monthly
installments; or
(3) does not begin payment at the earliest possible date
after annuitization.
(f) Transfers under this section shall affect determinations
of eligibility for all medical assistance services or long-term care
services, whichever receives federal approval.
[EFFECTIVE DATE.] (a)
This section is effective July 1, 2003, to the extent permitted by
federal law. If any provision of
this section is prohibited by federal law, the provision shall become
effective when federal law is changed to permit its application or a
waiver is received. The commissioner of
human services shall notify the revisor of statutes when federal law
is enacted or a waiver or other federal approval is received and publish
a notice in the State Register. The
commissioner must include the notice in the first State Register
published after the effective date of the federal changes.
(b) If, by July 1, 2003, any provision of this section is
not effective because of prohibitions in federal law, the commissioner
of human services shall apply to the federal government by August 1,
2003, for a waiver of those prohibitions or other federal authority, and
that provision shall become effective upon receipt of a federal waiver
or other federal approval, notification to the revisor of statutes, and
publication of a notice in the State Register to that effect. In
applying for federal approval to extend the lookback period, the
commissioner shall seek the longest lookback period the federal
government will approve, not to exceed 72 months.
Sec. 25. Minnesota
Statutes 2002, section 256B.0595, subdivision 2, is amended to read:
Subd. 2. [PERIOD OF
INELIGIBILITY.] (a) For any uncompensated transfer occurring on or before
August 10, 1993, the number of months of ineligibility for long-term care
services shall be the lesser of 30 months, or the uncompensated transfer amount
divided by the average medical assistance rate for nursing facility services in
the state in effect on the date of application. The amount used to calculate the average medical assistance
payment rate shall be adjusted each July 1 to reflect payment rates for the
previous calendar year. The period of
ineligibility begins with the month in which the assets were transferred. If the transfer was not reported to the
local agency at the time of application, and the applicant received long-term
care services during what would have been the period of ineligibility if the
transfer had been reported, a cause of action exists against the transferee for
the cost of long-term care services provided during the period of
ineligibility, or for the uncompensated amount of the transfer, whichever is
less. The action may be brought by the
state or the local agency responsible for providing medical assistance under
chapter 256G. The uncompensated
transfer amount is the fair market value of the asset at the time it was given
away, sold, or disposed of, less the amount of compensation received.
(b) For uncompensated transfers made after August 10, 1993, the
number of months of ineligibility for long-term care services shall be the
total uncompensated value of the resources transferred divided by the average
medical assistance rate for nursing facility services in the state in effect on
the date of application. The amount used
to calculate the average medical assistance payment rate shall be adjusted each
July 1 to reflect payment rates for the previous calendar year. The period of ineligibility begins with the
first day of the month after the month in which the assets
were transferred except that if one or more uncompensated transfers are made
during a period of ineligibility,
the total assets transferred during the ineligibility period shall be combined
and a penalty period calculated to begin in on the first day of
the month after the month in which the first uncompensated
transfer was made. If the transfer was
not reported to the local agency at the time of application, and the
applicant received medical assistance services during what would have been the
period of ineligibility if the transfer had been reported, a cause of action
exists against the transferee for the cost of medical assistance services
provided during the period of ineligibility, or for the uncompensated amount of
the transfer, whichever is less. The
action may be brought by the state or the local agency responsible for
providing medical assistance under chapter 256G. The uncompensated transfer amount is the fair market value of the
asset at the time it was given away, sold, or disposed of, less the amount of
compensation received. Effective for transfers made on or after March 1, 1996,
involving persons who apply for medical assistance on or after April 13, 1996,
no cause of action exists for a transfer unless:
(1) the transferee knew or should have known that the transfer
was being made by a person who was a resident of a long-term care facility or
was receiving that level of care in the community at the time of the transfer;
(2) the transferee knew or should have known that the transfer
was being made to assist the person to qualify for or retain medical assistance
eligibility; or
(3) the transferee actively solicited the transfer with intent
to assist the person to qualify for or retain eligibility for medical
assistance.
(c) If a calculation of a penalty period results in a partial
month, payments for long-term care services shall be reduced in an amount equal
to the fraction, except that in calculating the value of uncompensated
transfers, if the total value of all uncompensated transfers made in a month
not included in an existing penalty period does not exceed $200, then such
transfers shall be disregarded for each month prior to the month of application
for or during receipt of medical assistance.
[EFFECTIVE DATE.] Paragraph
(b) of this section is effective July 1, 2003.
Sec. 26. Minnesota
Statutes 2002, section 256B.0595, is amended by adding a subdivision to read:
Subd. 2b.
[PERIOD OF INELIGIBILITY.] (a) Notwithstanding any contrary
provisions of this section, this subdivision applies to transfers,
including transfers to trusts, involving recipients of medical
assistance that are made on or after its effective date and to all
transfers involving persons who apply for medical assistance on or after
its effective date, regardless of when the transfer occurred, except
that this subdivision does not apply to transfers made prior to July 1,
2003. For any uncompensated transfer
occurring within 72 months prior to the date of application, at any time
after application, or while eligible, the number of months of cumulative
ineligibility for medical assistance services shall be the total uncompensated
value of the assets and income transferred divided by the statewide
average per-person nursing facility payment made by the state in effect
at the time a penalty for a transfer is determined. The amount used to calculate the average
per-person nursing facility payment shall be adjusted each July 1 to
reflect average payments for the previous calendar year. For applicants,
the period of ineligibility begins with the month in which the person
applied for medical assistance and satisfied all other requirements for
eligibility, or the first month the local agency becomes aware of the
transfer and can give proper notice, if later. For recipients, the period of ineligibility begins in the
first month after the month the agency becomes aware of the transfer and
can give proper notice, except that penalty periods for transfers made
during a period of ineligibility as determined under this section shall
begin in the month following the existing period of ineligibility. If the transfer was not reported to
the local agency, and the applicant received medical assistance services
during what would have been the period of ineligibility if the transfer
had been reported, a cause of action exists against the transferee for
the cost of medical assistance services provided during the period of
ineligibility or for the uncompensated amount of the transfer that was
not recovered from the transferor through the implementation of a
penalty period under this subdivision, whichever is less. Recovery shall include the costs incurred
due to the action. The action may be
brought by the state
or the local agency responsible for providing medical assistance under
chapter 256B. The uncompensated
transfer amount is the fair market value of the asset at the time it was
given away, sold, or disposed of, less the amount of compensation
received. No cause of action exists for a transfer unless:
(1) the transferee knew or should have known that the transfer
was being made by a person who was a resident of a long-term care
facility or was receiving that level of care in the community at the
time of the transfer;
(2) the transferee knew or should have known that the transfer
was being made to assist the person to qualify for or retain medical
assistance eligibility; or
(3) the transferee actively solicited the transfer with intent
to assist the person to qualify for or retain eligibility for medical
assistance.
(b) If a calculation of a penalty period results in a partial
month, payments for medical assistance services shall be reduced in an
amount equal to the fraction, except that in calculating the value of
uncompensated transfers, if the total value of all uncompensated
transfers made in a month not included in an existing penalty period
does not exceed $200, then such transfers shall be disregarded for each
month prior to the month of application for or during receipt of medical
assistance.
(c) Ineligibility under this section shall apply to medical
assistance services or long-term care services, whichever receives
federal approval.
[EFFECTIVE DATE.] (a)
This section is effective July 1, 2003, to the extent permitted by
federal law. If any provision of
this section is prohibited by federal law, the provision shall become
effective when federal law is changed to permit its application or a
waiver is received. The commissioner of
human services shall notify the revisor of statutes when federal law
is enacted or a waiver or other federal approval is received and publish
a notice in the State Register. The
commissioner must include the notice in the first State Register
published after the effective date of the federal changes.
(b) If, by July 1, 2003, any provision of this section is
not effective because of prohibitions in federal law, the commissioner
of human services shall apply to the federal government by August 1,
2003, for a waiver of those prohibitions or other federal authority, and
that provision shall become effective upon receipt of a federal waiver
or other federal approval, notification to the revisor of statutes, and
publication of a notice in the State Register to that effect. In
applying for federal approval to extend the lookback period, the commissioner
shall seek the longest lookback period the federal government will
approve, not to exceed 72 months.
Sec. 27. Minnesota
Statutes 2002, section 256B.0595, is amended by adding a subdivision to read:
Subd. 3b.
[HOMESTEAD EXCEPTION TO TRANSFER PROHIBITION.] (a) This subdivision
applies to transfers involving recipients of medical assistance that are
made on or after its effective date and to all transfers involving
persons who apply for medical assistance on or after its effective date,
regardless of when the transfer occurred, except that this subdivision
does not apply to transfers made prior to July 1, 2003. A person is not ineligible for medical
assistance services due to a transfer of assets for less than fair
market value as described in subdivision 1b, if the asset transferred
was a homestead, and:
(1) a satisfactory showing is made that the individual intended
to dispose of the homestead at fair market value or for other valuable
consideration; or
(2) the local agency grants a waiver of a penalty resulting
from a transfer for less than fair market value because denial of
eligibility would cause undue hardship for the individual and there
exists an imminent threat to the individual's health and well-being. Whenever an applicant or recipient is denied
eligibility because of a transfer for less than fair market value,
the local agency shall notify the applicant or recipient that the
applicant or recipient may request
a waiver of the penalty if the denial of eligibility will cause undue
hardship. In evaluating a waiver, the local agency shall take into
account whether the individual was the victim of financial exploitation,
whether the individual has made reasonable efforts to recover the
transferred property or resource, and other factors relevant to a
determination of hardship. If the local
agency does not approve a hardship waiver, the local agency shall issue
a written notice to the individual stating the reasons for the denial
and the process for appealing the local agency's decision.
(b) When a waiver is granted under paragraph (a), clause
(2), a cause of action exists against the person to whom the homestead
was transferred for that portion of medical assistance services granted
within 72 months of the date the transferor applied for medical
assistance and satisfied all other requirements for eligibility or the
amount of the uncompensated transfer, whichever is less, together with
the costs incurred due to the action.
The action shall be brought by the state unless the state delegates
this responsibility to the local agency responsible for providing
medical assistance under chapter 256B.
[EFFECTIVE DATE.] (a)
This section is effective July 1, 2003, to the extent permitted by
federal law. If any provision of
this section is prohibited by federal law, the provision shall become
effective when federal law is changed to permit its application or a
waiver is received. The commissioner of
human services shall notify the revisor of statutes when federal law
is enacted or a waiver or other federal approval is received and publish
a notice in the State Register. The
commissioner must include the notice in the first State Register
published after the effective date of the federal changes.
(b) If, by July 1, 2003, any provision of this section is
not effective because of prohibitions in federal law, the commissioner
of human services shall apply to the federal government by August 1,
2003, for a waiver of those prohibitions or other federal authority, and
that provision shall become effective upon receipt of a federal waiver
or other federal approval, notification to the revisor of statutes, and
publication of a notice in the State Register to that effect. In
applying for federal approval to extend the lookback period, the
commissioner shall seek the longest lookback period the federal
government will approve, not to exceed 72 months.
Sec. 28. Minnesota
Statutes 2002, section 256B.0595, is amended by adding a subdivision to read:
Subd. 4b. [OTHER
EXCEPTIONS TO TRANSFER PROHIBITION.] (a) This subdivision applies to
transfers involving recipients of medical assistance that are made on or
after its effective date and to all transfers involving persons who
apply for medical assistance on or after its effective date regardless
of when the transfer occurred, except that this subdivision does not
apply to transfers made prior to July 1, 2003. A person or a person's spouse who made a transfer
prohibited by subdivision 1b is not ineligible for medical assistance
services if one of the following conditions applies:
(1) the assets or income were transferred to the individual's
spouse or to another for the sole benefit of the spouse, except that
after eligibility is established and the assets have been divided
between the spouses as part of the asset allowance under section
256B.059, no further transfers between spouses may be made;
(2) the institutionalized spouse, prior to being institutionalized,
transferred assets or income to a spouse, provided that the spouse to
whom the assets or income were transferred does not then transfer those
assets or income to another person for less than fair market value. At the time when one spouse is
institutionalized, assets must be allocated between the spouses as
provided under section 256B.059;
(3) the assets or income were transferred to a trust for
the sole benefit of the individual's child who is blind or permanently
and totally disabled as determined in the supplemental security income
program and the trust reverts to the state upon the disabled child's
death to the extent the medical assistance has paid for services for the
grantor or beneficiary of the trust.
This clause applies to a trust established after the commissioner
publishes a notice in the State Register that the commissioner has been
authorized to implement this clause due to a change in federal law or
the approval of a federal waiver;
(4) a satisfactory showing is made that the individual
intended to dispose of the assets or income either at fair market
value or for other valuable consideration; or
(5) the local agency determines that denial of eligibility
for medical assistance services would cause undue hardship and grants
a waiver of a penalty resulting from a transfer for less than fair
market value because there exists an imminent threat to the individual's
health and well-being. Whenever an applicant
or recipient is denied eligibility because of a transfer for less than
fair market value, the local agency shall notify the applicant or
recipient that the applicant or recipient may request a waiver of the
penalty if the denial of eligibility will cause undue hardship. In evaluating a waiver, the local
agency shall take into account whether the individual was the victim of
financial exploitation, whether the individual has made reasonable
efforts to recover the transferred property or resource, and other
factors relevant to a determination of hardship. If the local agency does not approve a
hardship waiver, the local agency shall issue a written notice to the
individual stating the reasons for the denial and the process for
appealing the local agency's decision.
When a waiver is granted, a cause of action exists against the
person to whom the assets were transferred for that portion of medical
assistance services granted within 72 months of the date the transferor
applied for medical assistance and satisfied all other requirements
for eligibility, or the amount of the uncompensated transfer, whichever
is less, together with the costs incurred due to the action. The action shall be brought by the state
unless the state delegates this responsibility to the local agency
responsible for providing medical assistance under this chapter.
[EFFECTIVE DATE.] (a)
This section is effective July 1, 2003, to the extent permitted by
federal law. If any provision of
this section is prohibited by federal law, the provision shall become
effective when federal law is changed to permit its application or a
waiver is received. The commissioner of
human services shall notify the revisor of statutes when federal law
is enacted or a waiver or other federal approval is received and publish
a notice in the State Register. The
commissioner must include the notice in the first State Register
published after the effective date of the federal changes.
(b) If, by July 1, 2003, any provision of this section is
not effective because of prohibitions in federal law, the commissioner
of human services shall apply to the federal government by August 1,
2003, for a waiver of those prohibitions or other federal authority, and
that provision shall become effective upon receipt of a federal waiver
or other federal approval, notification to the revisor of statutes, and
publication of a notice in the State Register to that effect. In
applying for federal approval to extend the lookback period, the
commissioner shall seek the longest lookback period the federal
government will approve, not to exceed 72 months.
Sec. 29. Minnesota
Statutes 2002, section 256B.06, subdivision 4, is amended to read:
Subd. 4. [CITIZENSHIP
REQUIREMENTS.] (a) Eligibility for medical assistance is limited to citizens of
the United States, qualified noncitizens as defined in this subdivision, and
other persons residing lawfully in the United States.
(b) "Qualified noncitizen" means a person who meets
one of the following immigration criteria:
(1) admitted for lawful permanent residence according to United
States Code, title 8;
(2) admitted to the United States as a refugee according to
United States Code, title 8, section 1157;
(3) granted asylum according to United States Code, title 8,
section 1158;
(4) granted withholding of deportation according to United
States Code, title 8, section 1253(h);
(5) paroled for a period of at least one year according to
United States Code, title 8, section 1182(d)(5);
(6) granted conditional entrant status according to United
States Code, title 8, section 1153(a)(7);
(7) determined to be a battered noncitizen by the United States
Attorney General according to the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, title V of the Omnibus Consolidated Appropriations
Bill, Public Law Number 104-200;
(8) is a child of a noncitizen determined to be a battered
noncitizen by the United States Attorney General according to the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, title V, of the
Omnibus Consolidated Appropriations Bill, Public Law Number 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in
section 501(e) of Public Law Number 96-422, the Refugee Education Assistance
Act of 1980.
(c) All qualified noncitizens who were residing in the United
States before August 22, 1996, who otherwise meet the eligibility requirements
of chapter 256B, are eligible for medical assistance with federal financial
participation.
(d) All qualified noncitizens who entered the United States on
or after August 22, 1996, and who otherwise meet the eligibility requirements
of chapter 256B, are eligible for medical assistance with federal financial
participation through November 30, 1996.
Beginning December 1, 1996, qualified noncitizens who entered
the United States on or after August 22, 1996, and who otherwise meet the
eligibility requirements of chapter 256B are eligible for medical assistance
with federal participation for five years if they meet one of the following
criteria:
(i) refugees admitted to the United States according to United
States Code, title 8, section 1157;
(ii) persons granted asylum according to United States Code,
title 8, section 1158;
(iii) persons granted withholding of deportation according to
United States Code, title 8, section 1253(h);
(iv) veterans of the United States Armed Forces with an
honorable discharge for a reason other than noncitizen status, their spouses
and unmarried minor dependent children; or
(v) persons on active duty in the United States Armed Forces,
other than for training, their spouses and unmarried minor dependent children.
Beginning December 1, 1996, qualified noncitizens who do not
meet one of the criteria in items (i) to (v) are eligible for medical
assistance without federal financial participation as described in paragraph (j)
(i).
(e) Noncitizens who are not qualified noncitizens as defined in
paragraph (b), who are lawfully residing in the United States and who otherwise
meet the eligibility requirements of chapter 256B, are eligible for medical
assistance under clauses (1) to (3).
These individuals must cooperate with the Immigration and Naturalization
Service to pursue any applicable immigration status, including citizenship,
that would qualify them for medical assistance with federal financial
participation.
(1) Persons who were medical assistance recipients on August
22, 1996, are eligible for medical assistance with federal financial
participation through December 31, 1996.
(2) Beginning January 1, 1997, persons described in clause (1)
are eligible for medical assistance without federal financial participation as
described in paragraph (j) (i).
(3) Beginning December 1, 1996, persons residing in the
United States prior to August 22, 1996, who were not receiving medical
assistance and persons who arrived on or after August 22, 1996, are eligible
for medical assistance without federal financial participation as described in
paragraph (j) (i).
(f) Nonimmigrants who otherwise meet the eligibility
requirements of chapter 256B are eligible for the benefits as provided in
paragraphs (g) to (i) and (h).
For purposes of this subdivision, a "nonimmigrant" is a person
in one of the classes listed in United States Code, title 8, section
1101(a)(15).
(g) Payment shall also be made for care and services that are
furnished to noncitizens, regardless of immigration status, who otherwise meet
the eligibility requirements of chapter 256B, if such care and services are
necessary for the treatment of an emergency medical condition, except for organ
transplants and related care and services and routine prenatal care.
(h) For purposes of this subdivision, the term "emergency
medical condition" means a medical condition that meets the requirements
of United States Code, title 42, section 1396b(v).
(i) Pregnant noncitizens who are undocumented or
nonimmigrants, who otherwise meet the eligibility requirements of chapter 256B,
are eligible for medical assistance payment without federal financial
participation for care and services through the period of pregnancy, and 60
days postpartum, except for labor and delivery.
(j) Qualified noncitizens as described in paragraph (d),
and all other noncitizens lawfully residing in the United States as described
in paragraph (e), who are ineligible for medical assistance with federal
financial participation and who otherwise meet the eligibility requirements of
chapter 256B and of this paragraph, are eligible for medical assistance without
federal financial participation.
Qualified noncitizens as described in paragraph (d) are only eligible
for medical assistance without federal financial participation for five years
from their date of entry into the United States.
(k) The commissioner shall submit to the legislature by
December 31, 1998, a report on the number of recipients and cost of coverage of
care and services made according to paragraphs (i) and (j).
(j) Beginning October 1, 2003, persons who are receiving
care and rehabilitation services from a nonprofit center established
to serve victims of torture and are otherwise ineligible for medical
assistance under chapter 256B or general assistance medical care under
section 256D.03 are eligible for medical assistance without federal
financial participation. These individuals are eligible only for the
period during which they are receiving services from the center. Individuals eligible under this
clause shall not be required to participate in prepaid medical
assistance.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, except where a different date is
specified in the text.
Sec. 30. Minnesota
Statutes 2002, section 256B.061, is amended to read:
256B.061 [ELIGIBILITY; RETROACTIVE EFFECT; RESTRICTIONS.]
(a) If any individual has been determined to be eligible
for medical assistance, it will be made available for care and services
included under the plan and furnished in or after the third month before the
month in which the individual made application for such assistance, if such
individual was, or upon application would have been, eligible for medical
assistance at the time the care and services were furnished. The commissioner may limit, restrict, or suspend
the eligibility of an individual for up to one year upon that individual's
conviction of a criminal offense related to application for or receipt of
medical assistance benefits.
(b) On the basis of information provided on the
completed application, an applicant who meets the following criteria shall be
determined eligible beginning in the month of application:
(1) whose gross income is less than 90 percent of the
applicable income standard;
(2) whose total liquid assets are less than 90 percent of
the asset limit;
(3) does not reside in a long-term care facility; and
(4) meets all other eligibility requirements.
The applicant must provide
all required verifications within 30 days' notice of the eligibility
determination or eligibility shall be terminated.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 31. Minnesota
Statutes 2002, section 256B.0625, subdivision 5a, is amended to read:
Subd. 5a. [INTENSIVE
EARLY INTERVENTION BEHAVIOR THERAPY SERVICES FOR CHILDREN WITH AUTISM SPECTRUM
DISORDERS.] (a) [COVERAGE.] Medical assistance covers home-based
intensive early intervention behavior therapy for children with autism spectrum
disorders, effective July 1, 2007.
Children with autism spectrum disorder, and their custodial parents or
foster parents, may access other covered services to treat autism spectrum
disorder, and are not required to receive intensive early intervention behavior
therapy services under this subdivision.
Intensive early intervention behavior therapy does not include coverage
for services to treat developmental disorders of language, early onset
psychosis, Rett's disorder, selective mutism, social anxiety disorder,
stereotypic movement disorder, dementia, obsessive compulsive disorder,
schizoid personality disorder, avoidant personality disorder, or reactive
attachment disorder. If a child with
autism spectrum disorder is diagnosed to have one or more of these conditions,
intensive early intervention behavior therapy includes coverage only for services
necessary to treat the autism spectrum disorder.
(b) Subd. 5b.
[PURPOSE OF INTENSIVE EARLY INTERVENTION BEHAVIOR THERAPY SERVICES
(IEIBTS).] The purpose of IEIBTS is to improve the child's behavioral
functioning, to prevent development of challenging behaviors, to eliminate
autistic behaviors, to reduce the risk of out-of-home placement, and to
establish independent typical functioning in language and social behavior. The procedures used to accomplish these
goals are based upon research in applied behavior analysis.
(c) Subd. 5c.
[ELIGIBLE CHILDREN.] A child is eligible to initiate IEIBTS if, the
child meets the additional eligibility criteria in paragraph (d) and in a
diagnostic assessment by a mental health professional who is not under the
employ of the service provider, the child:
(1) is found to have an autism spectrum disorder;
(2) has a current IQ of either untestable, or at least 30;
(3) if nonverbal, initiated behavior therapy by 42 months of
age;
(4) if verbal, initiated behavior therapy by 48 months of age;
or
(5) if having an IQ of at least 50, initiated behavior therapy
by 84 months of age.
To continue after six-month
individualized treatment plan (ITP) reviews, at least one of the child's
custodial parents or foster parents must participate in an average of at
least five hours of documented behavior therapy per week for six months, and
consistently implement behavior therapy recommendations 24 hours a day. To continue after six-month individualized
treatment plan (ITP) reviews, the child must show documented progress toward
mastery of six-month benchmark behavior objectives. The maximum number of months during which services may be billed
is 54, or up to the month of August in the first year in which the child completes
first grade, whichever comes last. If
significant progress towards treatment goals has not been achieved after 24
months of treatment, treatment must be discontinued.
(d) Subd. 5d.
[ADDITIONAL ELIGIBILITY CRITERIA.] A child is eligible to initiate
IEIBTS if:
(1) in medical and diagnostic assessments by medical and mental
health professionals, it is determined that the child does not have severe or
profound mental retardation;
(2) an accurate assessment of the child's hearing has been
performed, including audiometry if the brain stem auditory evokes response;
(3) a blood lead test has been performed prior to initiation of
treatment; and
(4) an EEG or neurologic evaluation is done, prior to
initiation of treatment, if the child has a history of staring spells or
developmental regression.
(e) Subd. 5e.
[COVERED SERVICES.] The focus of IEIBTS must be to treat the principal
diagnostic features of the autism spectrum disorder. All IEIBTS must be delivered by a team of practitioners under the
consistent supervision of a single clinical supervisor. A mental health professional must develop
the ITP for IEIBTS. The ITP must
include six-month benchmark behavior objectives. All behavior therapy must be based upon research in applied
behavior analysis, with an emphasis upon positive reinforcement of carefully
task-analyzed skills for optimum rates of progress. All behavior therapy must be consistently applied and generalized
throughout the 24-hour day and seven-day week by all of the child's regular
care providers. When placing the child
in school activities, a majority of the peers must have no mental health
diagnosis, and the child must have sufficient social skills to succeed with 80
percent of the school activities.
Reactive consequences, such as redirection, correction, positive
practice, or time-out, must be used only when necessary to improve the child's
success when proactive procedures alone have not been effective. IEIBTS must be delivered by a team of
behavior therapy practitioners who are employed under the direction of the same
agency. The team may deliver up to 200
billable hours per year of direct clinical supervisor services, up to 700
billable hours per year of senior behavior therapist services, and up to 1,800
billable hours per year of direct behavior therapist services. A one-hour clinical review meeting for the
child, parents, and staff must be scheduled 50 weeks a year, at which behavior
therapy is reviewed and planned. At
least one-quarter of the annual clinical supervisor billable hours shall
consist of on-site clinical meeting time.
At least one-half of the annual senior behavior therapist billable hours
shall consist of direct services to the child or parents. All of the behavioral therapist billable
hours shall consist of direct on-site services to the child or parents. None of the senior behavior therapist
billable hours or behavior therapist billable hours shall consist of clinical
meeting time. If there is any
regression of the autistic spectrum disorder after 12 months of therapy, a
neurologic consultation must be performed.
(f) Subd. 5f.
[PROVIDER QUALIFICATIONS.] The provider agency must be capable of
delivering consistent applied behavior analysis (ABA) based behavior therapy in
the home. The site director of the
agency must be a mental health professional and a board certified behavior
analyst certified by the behavior analyst certification board. Each clinical supervisor must be a certified
associate behavior analyst certified by the behavior analyst certification
board or have equivalent experience in applied behavior analysis.
(g) Subd. 5g. [SUPERVISION REQUIREMENTS.] (1) Each
behavior therapist practitioner must be continuously supervised while in the
home until the practitioner has mastered competencies for independent
practice. Each behavior therapist must
have mastered three credits of academic content and practice in an applied
behavior analysis sequence at an accredited university before providing more
than 12 months of therapy. A college
degree or minimum hours of experience are not required. Each behavior therapist must continue
training through weekly direct observation by the senior behavior therapist,
through demonstrated performance in clinical meetings with the clinical
supervisor, and annual training in applied behavior analysis.
(2) Each senior behavior therapist practitioner must have
mastered the senior behavior therapy competencies, completed one year of
practice as a behavior therapist, and six months of co-therapy training with
another senior behavior therapist or have an equivalent amount of experience in
applied behavior analysis. Each senior
behavior therapist must have mastered 12 credits of academic content and
practice in an applied behavior analysis sequence at an accredited university
before providing more than 12 months of senior behavior therapy. Each senior behavior therapist must continue
training through demonstrated performance in clinical meetings with the
clinical supervisor, and annual training in applied behavior analysis.
(3) Each clinical supervisor practitioner must have mastered
the clinical supervisor and family consultation competencies, completed two
years of practice as a senior behavior therapist and one year of co-therapy
training with another clinical supervisor, or equivalent experience in applied
behavior analysis. Each clinical
supervisor must continue training through annual training in applied behavior
analysis.
(h) Subd. 5h.
[PLACE OF SERVICE.] IEIBTS are provided primarily in the child's home
and community. Services may be provided
in the child's natural school or preschool classroom, home of a relative,
natural recreational setting, or day care.
(i) Subd. 5i.
[PRIOR AUTHORIZATION REQUIREMENTS.] Prior authorization shall be required
for services provided after 200 hours of clinical supervisor, 700 hours of
senior behavior therapist, or 1,800 hours of behavior therapist services per
year.
(j) Subd. 5j.
[PAYMENT RATES.] The following payment rates apply:
(1) for an IEIBTS clinical supervisor practitioner under
supervision of a mental health professional, the lower of the submitted charge
or $67 per hour unit;
(2) for an IEIBTS senior behavior therapist practitioner under
supervision of a mental health professional, the lower of the submitted charge
or $37 per hour unit; or
(3) for an IEIBTS behavior therapist practitioner under
supervision of a mental health professional, the lower of the submitted charge
or $27 per hour unit.
An IEIBTS practitioner may
receive payment for travel time which exceeds 50 minutes one-way. The maximum payment allowed will be $0.51
per minute for up to a maximum of 300 hours per year.
For any week during which the above charges are made to medical
assistance, payments for the following services are excluded: supervising mental health professional hours
and personal care attendant, home-based mental health, family-community
support, or mental health behavioral aide hours.
(k) Subd. 5k.
[REPORT.] The commissioner shall collect evidence of the effectiveness
of intensive early intervention behavior therapy services and present a report
to the legislature by July 1, 2006 2010.
Sec. 32. Minnesota Statutes 2002, section 256B.0625, subdivision 9, is
amended to read:
Subd. 9. [DENTAL SERVICES.]
(a) Medical assistance covers dental services. Dental services include, with prior authorization, fixed bridges
that are cost-effective for persons who cannot use removable dentures because
of their medical condition.
(b) Coverage of dental services for adults age 21 and over
who are not pregnant is subject to a $500 annual benefit limit and
covered services are limited to:
(1) diagnostic and preventative services;
(2) basic restorative services; and
(3) emergency services.
Sec. 33. Minnesota
Statutes 2002, section 256B.0625, subdivision 13, is amended to read: