STATE OF MINNESOTA
SPECIAL SESSION -- 2003
_____________________
EIGHTH DAY
Saint Paul, Minnesota, Thursday, May 29, 2003
The House of Representatives convened at 10:00 a.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lonnie E. Titus, House
Chaplain.
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
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Finstad
Fuller
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
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Walker
Walz
Wardlow
Wasiluk
Westerberg
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Pugh and Wagenius were excused.
Westrom was excused until 12:25 p.m. Gerlach was excused until 12:30 p.m. Erickson was excused until 1:15 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Westerberg moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
Paulsen
moved that the House recess subject to the call of the Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
FISCAL CALENDAR
Pursuant to rule 1.22, Knoblach requested immediate
consideration of H. F. No. 6.
H. F. No. 6 was reported to the House.
Bradley moved to amend H. F. No. 6 as follows:
Delete everything after the enacting clause and insert:
"ARTICLE
1
WELFARE
REFORM
Section 1. Minnesota
Statutes 2002, section 119B.03, subdivision 4, is amended to
read:
Subd. 4. [FUNDING
PRIORITY.] (a) First priority for child care assistance under the basic sliding
fee program must be given to eligible non-MFIP families who do not have a high
school or general equivalency diploma or who need remedial and basic skill
courses in order to pursue employment or to pursue education leading to
employment and who need child care assistance to participate in the education
program. Within this priority, the
following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group
described in this paragraph.
(b) Second priority must be given to parents who have completed
their MFIP or work first transition year, or parents who are no longer
receiving or eligible for diversionary work program supports.
(c) Third priority must be given to families who are eligible
for portable basic sliding fee assistance through the portability pool under
subdivision 9.
Sec. 2. 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. 3. 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 (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 family is (i) ineligible
for MFIP or DWP or is not a participant of MFIP; and (ii) is
ineligible for emergency assistance under section 256J.48 or DWP. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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.
17. 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. 18. 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 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 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 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. 19. 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. 20. 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 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. 21. 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. 22. 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. 23. 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. 24. 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.
25. 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. 26. 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. 27. 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. 28. 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. 29. 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 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 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.
Sec. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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.
37. 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 the incident has been reported to a law enforcement
agency;
(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, except child support received or distributed on behalf of this
child, 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.
(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.
38. 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. 39. 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. 40. 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. 41. 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. 42. 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. 43. 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. 44. 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. 45. 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 $50 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 $50. 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.
(d) Prior to implementing this provision, the commissioner
must identify the MFIP participants subject to this provision and provide
written notice to these participants at least 30 days before the first grant
reduction. The notice must inform the
participant of the basis for the potential grant reduction, the exceptions to
the provision, if any, and inform the participant of the steps necessary to
claim an exception. A person who is
found not to meet one of the exceptions to the provision must be notified and
informed of the right to a fair hearing under section 256J.40. The notice must also inform the participant
that the participant may be eligible for a rent reduction resulting from a
reduction in the MFIP grant, and encourage the participant to contact the local
housing authority.
Sec. 46. 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 $125 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 $125 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. 47. 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. 48. 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. 49. 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. 50. 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. 51. 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.
52. 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. 53. 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.
54. 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. 55. 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. 56. 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,
injury, 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 a person to provide assistance 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.
57. 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.
58. 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. 59. 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. 60. 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. 61. 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. 62. 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. 63. 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.
64. 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.
65. 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. 66. 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 and the participant, and in consultation with a person trained in
domestic violence and follow the employment plan provisions in
section 256J.521, subdivision 3.
Sec. 67. 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. 68. 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. 69. 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. 70. 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. 71. 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 ten days when the caregiver
participated in the diversionary work program under section 256J.95 within
the past 12 months.
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 tools
for mental and chemical health and special learning needs must be approved by
the commissioner and may only be administered by job counselors or county staff
trained in using such screening tools.
The commissioner shall work with county agencies to develop protocols
for referrals and follow-up actions after screens are administered to
participants, including guidance on how employment plans may be modified based
upon outcomes of certain screens.
Participants must be told of the purpose of the screens and how the
information will be used to assist the participant in identifying and
overcoming barriers to employment.
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 to possess sufficient
skills such that the participant is likely to succeed in obtaining 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.] 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 months or less,
and the participant must meet the requirements of subdivisions 2 and,
3, and 5.
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 20
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. [ 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. 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
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 education 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. For participants enrolled in
functional work literacy classes, no more than two-thirds of the participation
requirements in section 256J.55, subdivision 1, may be met through
attending functional work literacy 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,
injury, 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 a person to provide assistance 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. In counties with a city
of the first class with a population over 300,000, the county must consider a
service agreement that includes a jointly developed plan for the delivery of
employment services with the city.
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) through (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) through (d).
(3) "Final allocation" means the amount available
to each county or tribe based on the formula in paragraphs (b) through (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) All 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.
(c) For calendar year 2005, the commissioner shall determine
the initial allocation of funds to be made available under this section in
proportion to the county or tribe's initial allocation for the period of July
1, 2003 to December 31, 2004.
(d) The formula under this subdivision sunsets December 31,
2005.
(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, counties and tribes will have
their final allocations adjusted based on the performance provisions of
subdivision 7.
Subd. 7.
[PERFORMANCE BASE FUNDS.] (a) Each county and tribe will be allocated
95 percent of their initial calendar year 2005 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.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. 98. 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.
99. 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. 100. 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. 101. 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. 102. [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 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.
(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 must 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 any one of 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 required in the home as a caregiver because of the
illness, injury, or incapacity, of a family member, or a relative in the
household, or a foster child, and the illness, injury, or incapacity and the
need for a person to provide assistance in the home has been certified by a
qualified professional and is expected to continue more than 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; or
(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, no additional application form is 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 program change request form. The county agency shall process the program
change request form by the first of the following month to ensure that no gap
in benefits is due to delayed action by the county agency. In processing the program change request
form, the county must follow section 256J.32, subdivision 1, except
that the county agency shall not require additional verification of the
information in the case file from the DWP application unless the information in
the case file is inaccurate, questionable, or no longer current.
(e) The county shall not request a combined application form
for a participant who has exhausted the four months of the diversionary work
program, has continued need for cash and food assistance, and has completed,
signed, and submitted a program change request form within 30 days of the
fourth month of the diversionary work program.
The county must process the program change request according to
section 256J.32, subdivision 1, except that the county agency shall
not require additional verification of information in the case file unless the
information is inaccurate, questionable, or no longer current. When a
participant does not request MFIP within 30 days of the diversionary work
program benefits being exhausted, a new combined application form must be
completed for any subsequent request for MFIP.
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.] As soon as possible, but no later than ten working days of being
notified that a participant is financially eligible for the diversionary work
program, the employment services provider shall provide the participant with an
opportunity to meet to develop an initial employment plan. Once the initial 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 256.741. 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. 103. 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. 104. 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 may 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. The
commissioner shall consult with the members of the house of representatives and
senate policy committees having jurisdiction over food support issues in
developing the waiver. The commissioner, in consultation with the commissioners
of health and education, shall develop a broad public health policy related to
improved nutrition and health status.
The commissioner must seek legislative approval prior to implementing
the waiver.
Sec. 105. 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
Beginning July 1, 2007, legal noncitizens ineligible for federally funded
cash or food benefits due to 1996 changes in federal law and subsequent
relevant enactments, who are eligible for state-funded MFIP cash or food
assistance, 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 state-funded
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. 106. [REVISOR'S
INSTRUCTION.]
(a) In the next publication of Minnesota Statutes, the
revisor of statutes shall codify section 108 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. 107. [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.55, subdivision 5; 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
LONG-TERM
CARE
Section 1. Minnesota
Statutes 2002, section 61A.072, subdivision 6, is amended to
read:
Subd. 6. [ACCELERATED
BENEFITS.] (a) "Accelerated benefits" covered under this section are
benefits payable under the life insurance contract:
(1) to a policyholder or certificate holder, during the
lifetime of the insured, in anticipation of death upon the occurrence of
a specified life-threatening or catastrophic condition as defined by the policy
or rider;
(2) that reduce the death benefit otherwise payable under the
life insurance contract; and
(3) that are payable upon the occurrence of a single qualifying
event that results in the payment of a benefit amount fixed at the time of
acceleration.
(b) "Qualifying event" means one or more of the
following:
(1) a medical condition that would result in a drastically
limited life span as specified in the contract;
(2) a medical condition that has required or requires
extraordinary medical intervention, such as, but not limited to, major organ
transplant or continuous artificial life support without which the insured
would die; or
(3) a condition that requires continuous confinement in an
eligible institution as defined in the contract if the insured is expected to
remain there for the rest of the insured's life;
(4) a long-term care illness or physical condition that
results in cognitive impairment or the inability to perform the activities of
daily life or the substantial and material duties of any occupation; or
(5) other qualifying events that the commissioner approves
for a particular filing.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to policies
issued on or after that date.
Sec. 2. Minnesota
Statutes 2002, section 62A.315, is amended to read:
62A.315 [EXTENDED BASIC MEDICARE SUPPLEMENT PLAN; COVERAGE.]
The extended basic Medicare supplement plan must have a level
of coverage so that it will be certified as a qualified plan pursuant to
section 62E.07, and will provide:
(1) coverage for all of the Medicare part A inpatient hospital
deductible and coinsurance amounts, and 100 percent of all Medicare part A
eligible expenses for hospitalization not covered by Medicare;
(2) coverage for the daily copayment amount of Medicare part A
eligible expenses for the calendar year incurred for skilled nursing facility
care;
(3) coverage for the copayment amount of Medicare eligible
expenses under Medicare part B regardless of hospital confinement, and the
Medicare part B deductible amount;
(4) 80 percent of the usual and
customary hospital and medical expenses and supplies described in
section 62E.06, subdivision 1, not to exceed any charge limitation
established by the Medicare program or state law, the usual and customary
hospital and medical expenses and supplies, described in section 62E.06,
subdivision 1, while in a foreign country, and prescription drug expenses,
not covered by Medicare;
(5) coverage for the reasonable cost of the first three pints
of blood, or equivalent quantities of packed red blood cells as defined under
federal regulations under Medicare parts A and B, unless replaced in accordance
with federal regulations;
(6) 100 percent of the cost of immunizations and routine
screening procedures for cancer, including mammograms and pap smears;
(7) preventive medical care benefit: coverage for the following preventive health services:
(i) an annual clinical preventive medical history and physical
examination that may include tests and services from clause (ii) and patient
education to address preventive health care measures;
(ii) any one or a combination of the following preventive
screening tests or preventive services, the frequency of which is considered
medically appropriate:
(A) fecal occult blood test and/or digital rectal examination;
(B) dipstick urinalysis for hematuria, bacteriuria, and
proteinuria;
(C) pure tone (air only) hearing screening test administered or
ordered by a physician;
(D) serum cholesterol screening every five years;
(E) thyroid function test;
(F) diabetes screening;
(iii) any other tests or preventive measures determined
appropriate by the attending physician.
Reimbursement shall be for the actual charges up to 100 percent
of the Medicare-approved amount for each service as if Medicare were to cover
the service as identified in American Medical Association current procedural
terminology (AMA CPT) codes to a maximum of $120 annually under this
benefit. This benefit shall not include
payment for any procedure covered by Medicare;
(8) at-home recovery benefit:
coverage for services to provide short-term at-home assistance with
activities of daily living for those recovering from an illness, injury, or
surgery:
(i) for purposes of this benefit, the following definitions
shall apply:
(A) "activities of daily living" include, but are not
limited to, bathing, dressing, personal hygiene, transferring, eating,
ambulating, assistance with drugs that are normally self-administered, and
changing bandages or other dressings;
(B) "care provider" means a duly qualified or
licensed home health aide/homemaker, personal care aide, or nurse provided
through a licensed home health care agency or referred by a licensed referral
agency or licensed nurses registry;
(C) "home" means a
place used by the insured as a place of residence, provided that the place
would qualify as a residence for home health care services covered by
Medicare. A hospital or skilled nursing
facility shall not be considered the insured's place of residence;
(D) "at-home recovery visit" means the period of a
visit required to provide at-home recovery care, without limit on the duration
of the visit, except each consecutive four hours in a 24-hour period of
services provided by a care provider is one visit;
(ii) coverage requirements and limitations:
(A) at-home recovery services provided must be primarily
services that assist in activities of daily living;
(B) the insured's attending physician must certify that the
specific type and frequency of at-home recovery services are necessary because
of a condition for which a home care plan of treatment was approved by
Medicare;
(C) coverage is limited to:
(I) no more than the number and type of at-home recovery visits
certified as medically necessary by the insured's attending physician. The total number of at-home recovery visits
shall not exceed the number of Medicare-approved home health care visits under
a Medicare-approved home care plan of treatment;
(II) the actual charges for each visit up to a maximum
reimbursement of $40 $100 per visit;
(III) $1,600 $4,000 per calendar year;
(IV) seven visits in any one week;
(V) care furnished on a visiting basis in the insured's home;
(VI) services provided by a care provider as defined in this
section;
(VII) at-home recovery visits while the insured is covered
under the policy or certificate and not otherwise excluded;
(VIII) at-home recovery visits received during the period the
insured is receiving Medicare-approved home care services or no more than eight
weeks after the service date of the last Medicare-approved home health care
visit;
(iii) coverage is excluded for:
(A) home care visits paid for by Medicare or other government
programs; and
(B) care provided by family members, unpaid volunteers,
or providers who are not care providers.
[EFFECTIVE DATE.] This
section is effective January 1, 2004, and applies to policies issued on or
after that date.
Sec. 3. Minnesota
Statutes 2002, section 62A.48, is amended by adding a subdivision to
read:
Subd. 12.
[REGULATORY FLEXIBILITY.] The commissioner may upon written request
issue an order to modify or suspend a specific provision or provisions of
sections 62A.46 to 62A.56 with respect to a specific long-term care
insurance policy or certificate upon a written finding that:
(1)
the modification or suspension is in the best interest of the insureds;
(2) the purpose to be achieved could not be effectively or
efficiently achieved without the modifications or suspension; and
(3)(i) the modification or suspension is necessary to the
development of an innovative and reasonable approach for insuring long-term
care;
(ii) the policy or certificate is to be issued to residents
of a life care or continuing care retirement community or some other
residential community for the elderly and the modification or suspension is
reasonably related to the special needs or nature of such a community; or
(iii) the modification or suspension is necessary to permit
long-term care insurance to be sold as part of, or in conjunction with, another
insurance product.
[EFFECTIVE DATE.] This
section is effective January 1, 2004, and applies to policies issued on or
after that date.
Sec. 4. Minnesota
Statutes 2002, section 62A.49, is amended by adding a subdivision to
read:
Subd. 3.
[PROHIBITED LIMITATIONS.] A long-term care insurance policy or
certificate shall not, if it provides benefits for home health care or
community care services, limit or exclude benefits by:
(1) requiring that the insured would need care in a skilled
nursing facility if home health care services were not provided;
(2) requiring that the insured first or simultaneously receive
nursing or therapeutic services in a home, community, or institutional setting
before home health care services are covered;
(3) limiting eligible services to services provided by a
registered nurse or licensed practical nurse;
(4) requiring that a nurse or therapist provide services
covered by the policy that can be provided by a home health aide or other
licensed or certified home care worker acting within the scope of licensure or
certification;
(5) excluding coverage for personal care services provided
by a home health aide;
(6) requiring that the provision of home health care
services be at a level of certification or licensure greater than that required
by the eligible service;
(7) requiring that the insured have an acute condition before
home health care services are covered;
(8) limiting benefits to services provided by
Medicare-certified agencies or providers;
(9) excluding coverage for adult day care services; or
(10) excluding coverage based upon location or type of residence
in which the home health care services would be provided.
[EFFECTIVE DATE.] This
section is effective January 1, 2004, and applies to policies issued on or
after that date.
Sec.
5. Minnesota Statutes 2002,
section 62S.22, subdivision 1, is amended to read:
Subdivision 1.
[PROHIBITED LIMITATIONS.] A long-term care insurance policy or
certificate shall not, if it provides benefits for home health care or
community care services, limit or exclude benefits by:
(1) requiring that the insured would need care in a skilled
nursing facility if home health care services were not provided;
(2) requiring that the insured first or simultaneously receive
nursing or therapeutic services in a home, community, or institutional setting
before home health care services are covered;
(3) limiting eligible services to services provided by a
registered nurse or licensed practical nurse;
(4) requiring that a nurse or therapist provide services
covered by the policy that can be provided by a home health aide or other
licensed or certified home care worker acting within the scope of licensure or
certification;
(5) excluding coverage for personal care services provided by a
home health aide;
(6) requiring that the provision of home health care services be
at a level of certification or licensure greater than that required by the
eligible service;
(7) requiring that the insured have an acute condition before
home health care services are covered;
(8) limiting benefits to services provided by Medicare-certified
agencies or providers; or
(9) excluding coverage for adult day care services; or
(10) excluding coverage based upon location or type of
residence in which the home health care services would be provided.
[EFFECTIVE DATE.] This
section is effective January 1, 2004, and applies to policies issued on or
after that date.
Sec. 6. [62S.34]
[REGULATORY FLEXIBILITY.]
The commissioner may upon written request issue an order to
modify or suspend a specific provision or provisions of this chapter with
respect to a specific long-term care insurance policy or certificate upon a
written finding that:
(1) the modification or suspension is in the best interest
of the insureds;
(2) the purpose to be achieved could not be effectively or
efficiently achieved without the modifications or suspension; and
(3)(i) the modification or suspension is necessary to the
development of an innovative and reasonable approach for insuring long-term
care;
(ii) the policy or certificate is to be issued to residents
of a life care or continuing care retirement community or some other
residential community for the elderly and the modification or suspension is
reasonably related to the special needs or nature of such a community; or
(iii)
the modification or suspension is necessary to permit long-term care insurance
to be sold as part of, or in conjunction with, another insurance product.
[EFFECTIVE DATE.] This
section is effective January 1, 2004, and applies to policies issued on or
after that date.
Sec. 7. Minnesota
Statutes 2002, section 144A.04, subdivision 3, is amended to
read:
Subd. 3. [STANDARDS.] (a)
The facility must meet the minimum health, sanitation, safety and comfort
standards prescribed by the rules of the commissioner of health with respect to
the construction, equipment, maintenance and operation of a nursing home. The commissioner of health may temporarily
waive compliance with one or more of the standards if the commissioner
determines that:
(a) (1) temporary noncompliance with the standard
will not create an imminent risk of harm to a nursing home resident; and
(b) (2) a controlling person on behalf of all
other controlling persons:
(1) (i) has entered into a contract to obtain the
materials or labor necessary to meet the standard set by the commissioner of
health, but the supplier or other contractor has failed to perform the terms of
the contract and the inability of the nursing home to meet the standard is due
solely to that failure; or
(2) (ii) is otherwise making a diligent good
faith effort to meet the standard.
The commissioner shall make available to other nursing homes
information on facility-specific waivers related to technology or physical
plant that are granted. The
commissioner shall, upon the request of a facility, extend a waiver granted to
a specific facility related to technology or physical plant to the facility
making the request, if the commissioner determines that the facility also
satisfies clauses (1) and (2) and any other terms and conditions of the waiver.
The commissioner of health shall allow, by rule, a nursing home
to provide fewer hours of nursing care to intermediate care residents of a
nursing home than required by the present rules of the commissioner if the
commissioner determines that the needs of the residents of the home will be
adequately met by a lesser amount of nursing care.
(b) A facility is not required to seek a waiver for room
furniture or equipment under paragraph (a) when responding to resident-specific
requests, if the facility has discussed health and safety concerns with the
resident and the resident request and discussion of health and safety concerns
are documented in the resident's patient record.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 8. Minnesota
Statutes 2002, section 144A.04, is amended by adding a subdivision to
read:
Subd. 11.
[INCONTINENT RESIDENTS.] Notwithstanding Minnesota Rules, part
4658.0520, an incontinent resident must be checked according to a specific time
interval written in the resident's care plan.
The resident's attending physician must authorize in writing any
interval longer than two hours unless the resident, if competent, or a family
member or legally appointed conservator, guardian, or health care agent of a
resident who is not competent, agrees in writing to waive physician involvement
in determining this interval, and this waiver is documented in the resident's
care plan.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec.
9. Minnesota Statutes 2002,
section 144A.071, subdivision 4c, as added by Laws 2003,
chapter 16, section 1, is amended to read:
Subd. 4c. [EXCEPTIONS
FOR REPLACEMENT BEDS AFTER JUNE 30, 2003.] (a) The commissioner of health, in
coordination with the commissioner of human services, may approve the
renovation, replacement, upgrading, or relocation of a nursing home or boarding
care home, under the following conditions:
(1) to license and certify an 80-bed city-owned facility
in Nicollet county to be constructed on the site of a new city-owned hospital
to replace an existing 85-bed facility attached to a hospital that is also
being replaced. The threshold allowed
for this project under section 144A.073 shall be the maximum amount
available to pay the additional medical assistance costs of the new facility;
and
(2) to license and certify 29 beds to be added to an
existing 69-bed facility in St. Louis county, provided that the 29 beds must be
transferred from active or layaway status at an existing facility in St. Louis
county that had 235 beds on April 1, 2003.
The licensed capacity at the
235-bed facility must be reduced to 206 beds, but the payment rate at that
facility shall not be adjusted as a result of this transfer. The operating payment rate of the facility
adding beds after completion of this project shall be the same as it was on the
day prior to the day the beds are licensed and certified. This project shall not proceed unless it is
approved and financed under the provisions of section 144A.073.
(b) Projects approved under this subdivision shall be treated
in a manner equivalent to projects approved under subdivision 4a.
Sec. 10. Minnesota
Statutes 2002, section 144A.10, is amended by adding a subdivision to
read:
Subd. 16.
[INDEPENDENT INFORMAL DISPUTE RESOLUTION.] (a) Notwithstanding
subdivision 15, a facility certified under the federal Medicare or
Medicaid programs may request from the commissioner, in writing, an independent
informal dispute resolution process regarding any deficiency citation issued to
the facility. The facility must specify
in its written request each deficiency citation that it disputes. The commissioner shall provide a hearing
under sections 14.57 to 14.62.
Upon the written request of the facility, the parties must submit the
issues raised to arbitration by an administrative law judge.
(b) Upon receipt of a written request for an arbitration
proceeding, the commissioner shall file with the office of administrative
hearings a request for the appointment of an arbitrator and simultaneously
serve the facility with notice of the request.
The arbitrator for the dispute shall be an administrative law judge
appointed by the office of administrative hearings. The disclosure provisions of section 572.10 and the notice
provisions of section 572.12 apply.
The facility and the commissioner have the right to be represented by an
attorney.
(c) The commissioner and the facility may present written
evidence, depositions, and oral statements and arguments at the arbitration
proceeding. Oral statements and
arguments may be made by telephone.
(d) Within ten working days of the close of the arbitration
proceeding, the administrative law judge shall issue findings regarding each of
the deficiencies in dispute. The
findings shall be one or more of the following:
(1) Supported in full.
The citation is supported in full, with no deletion of findings and no
change in the scope or severity assigned to the deficiency citation.
(2) Supported in substance.
The citation is supported, but one or more findings are deleted without
any change in the scope or severity assigned to the deficiency.
(3)
Deficient practice cited under wrong requirement of participation. The citation is amended by moving it to the
correct requirement of participation.
(4) Scope not supported.
The citation is amended through a change in the scope assigned to the
citation.
(5) Severity not supported.
The citation is amended through a change in the severity assigned to the
citation.
(6) No deficient practice.
The citation is deleted because the findings did not support the
citation or the negative resident outcome was unavoidable. The findings of the arbitrator are not
binding on the commissioner.
(e) The commissioner shall reimburse the office of
administrative hearings for the costs incurred by that office for the
arbitration proceeding. The facility
shall reimburse the commissioner for the proportion of the costs that represent
the sum of deficiency citations supported in full under paragraph (d), clause
(1), or in substance under paragraph (d), clause (2), divided by the total
number of deficiencies disputed. A
deficiency citation for which the administrative law judge's sole finding is
that the deficient practice was cited under the wrong requirements of
participation shall not be counted in the numerator or denominator in the
calculation of the proportion of costs.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 11. [144A.351]
[BALANCING LONG-TERM CARE: REPORT
REQUIRED.]
The commissioners of health and human services, with the
cooperation of counties and regional entities, shall prepare a report to the
legislature by January 15, 2004, and biennially thereafter, regarding the
status of the full range of long-term care services for the elderly in
Minnesota. The report shall address:
(1) demographics and need for long-term care in Minnesota;
(2) summary of county and regional reports on long-term care
gaps, surpluses, imbalances, and corrective action plans;
(3) status of long-term care services by county and region
including:
(i) changes in availability of the range of long-term care
services and housing options;
(ii) access problems regarding long-term care; and
(iii) comparative measures of long-term care availability
and progress over time; and
(4) recommendations regarding goals for the future of
long-term care services, policy changes, and resource needs.
Sec. 12. Minnesota
Statutes 2002, section 144A.4605, subdivision 4, is amended to
read:
Subd. 4. [LICENSE
REQUIRED.] (a) A housing with services establishment registered under
chapter 144D that is required to obtain a home care license must obtain an
assisted living home care license according to this section or a class A or
class E license according to rule. A
housing with services establishment that obtains a class E license under this
subdivision remains subject to the payment limitations in
sections 256B.0913, subdivision 5 5f, paragraph (h) (b),
and 256B.0915, subdivision 3, paragraph (g) 3d.
(b) A board and lodging
establishment registered for special services as of December 31, 1996, and also
registered as a housing with services establishment under chapter 144D,
must deliver home care services according to sections 144A.43 to 144A.47,
and may apply for a waiver from requirements under Minnesota Rules, parts
4668.0002 to 4668.0240, to operate a licensed agency under the standards of
section 157.17. Such waivers as
may be granted by the department will expire upon promulgation of home care
rules implementing section 144A.4605.
(c) An adult foster care provider licensed by the department of
human services and registered under chapter 144D may continue to provide
health-related services under its foster care license until the promulgation of
home care rules implementing this section.
(d) An assisted living home care provider licensed under this
section must comply with the disclosure provisions of section 325F.72 to
the extent they are applicable.
Sec. 13. Minnesota
Statutes 2002, section 256.9657, subdivision 1, is amended to
read:
Subdivision 1. [NURSING
HOME LICENSE SURCHARGE.] (a) Effective July 1, 1993, each non-state-operated
nursing home licensed under chapter 144A shall pay to the commissioner an
annual surcharge according to the schedule in subdivision 4. The surcharge
shall be calculated as $620 per licensed bed.
If the number of licensed beds is reduced, the surcharge shall be based
on the number of remaining licensed beds the second month following the receipt
of timely notice by the commissioner of human services that beds have been
delicensed. The nursing home must
notify the commissioner of health in writing when beds are delicensed. The commissioner of health must notify the
commissioner of human services within ten working days after receiving written
notification. If the notification is
received by the commissioner of human services by the 15th of the month, the
invoice for the second following month must be reduced to recognize the
delicensing of beds. Beds on layaway
status continue to be subject to the surcharge. The commissioner of human services must acknowledge a medical
care surcharge appeal within 30 days of receipt of the written appeal from the
provider.
(b) Effective July 1, 1994, the surcharge in paragraph (a)
shall be increased to $625.
(c) Effective August 15, 2002, the surcharge under paragraph
(b) shall be increased to $990.
(d) Effective July 15, 2003, the surcharge under paragraph
(c) shall be increased to $2,815.
(e) The commissioner may reduce, and may subsequently
restore, the surcharge under paragraph (d) based on the commissioner's
determination of a permissible surcharge.
(f) Between April 1, 2002, and August 15, 2003 2004,
a facility governed by this subdivision may elect to assume full participation
in the medical assistance program by agreeing to comply with all of the
requirements of the medical assistance program, including the rate equalization
law in section 256B.48, subdivision 1, paragraph (a), and all other
requirements established in law or rule, and to begin intake of new medical
assistance recipients. Rates will be
determined under Minnesota Rules, parts 9549.0010 to 9549.0080. Notwithstanding section 256B.431,
subdivision 27, paragraph (i), rate calculations will be subject to limits
as prescribed in rule and law. Other
than the adjustments in sections 256B.431, subdivisions 30
and 32; 256B.437, subdivision 3, paragraph (b), Minnesota Rules, part
9549.0057, and any other applicable legislation enacted prior to the
finalization of rates, facilities assuming full participation in medical
assistance under this paragraph are not eligible for any rate adjustments until
the July 1 following their settle-up period.
[EFFECTIVE DATE.] This
section is effective June 30, 2003.
Sec. 14. Minnesota Statutes 2002,
section 256.9657, is amended by adding a subdivision to read:
Subd. 3a.
[ICF/MR LICENSE SURCHARGE.] Effective July 1, 2003, each
nonstate-operated facility as defined under section 256B.501,
subdivision 1, shall pay to the commissioner an annual surcharge according
to the schedule in subdivision 4, paragraph (d). The annual surcharge shall be $1,040 per licensed bed. If the number of licensed beds is reduced,
the surcharge shall be based on the number of remaining licensed beds the
second month following the receipt of timely notice by the commissioner of
human services that beds have been delicensed.
The facility must notify the commissioner of health in writing when beds
are delicensed. The commissioner of
health must notify the commissioner of human services within ten working days
after receiving written notification.
If the notification is received by the commissioner of human services by
the 15th of the month, the invoice for the second following month must be
reduced to recognize the delicensing of beds.
The commissioner may reduce, and may subsequently restore, the surcharge
under this subdivision based on the commissioner's determination of a
permissible surcharge.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 15. Minnesota
Statutes 2002, section 256.9657, subdivision 4, is amended to
read:
Subd. 4. [PAYMENTS INTO
THE ACCOUNT.] (a) Payments to the commissioner under subdivisions 1 to 3
must be paid in monthly installments due on the 15th of the month beginning
October 15, 1992. The monthly payment
must be equal to the annual surcharge divided by 12. Payments to the commissioner under subdivisions 2 and 3
for fiscal year 1993 must be based on calendar year 1990 revenues. Effective July 1 of each year, beginning in
1993, payments under subdivisions 2 and 3 must be based on revenues
earned in the second previous calendar year.
(b) Effective October 1, 1995, and each October 1 thereafter,
the payments in subdivisions 2 and 3 must be based on revenues earned
in the previous calendar year.
(c) If the commissioner of health does not provide by August 15
of any year data needed to update the base year for the hospital and health
maintenance organization surcharges, the commissioner of human services may
estimate base year revenue and use that estimate for the purposes of this
section until actual data is provided by the commissioner of health.
(d) Payments to the commissioner under subdivision 3a
must be paid in monthly installments due on the 15th of the month beginning
July 15, 2003. The monthly payment must
be equal to the annual surcharge divided by 12.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 16. Minnesota
Statutes 2002, section 256B.056, subdivision 6, is amended to
read:
Subd. 6. [ASSIGNMENT OF
BENEFITS.] To be eligible for medical assistance a person must have applied or
must agree to apply all proceeds received or receivable by the person or the
person's chapter. Any assignment takes effect upon the
determination that the applicant is eligible for medical assistance and up to
three months prior to the date of application if the applicant is determined
eligible for and receives medical assistance benefits. The application must contain a statement
explaining this assignment. spouse legal representative from any third person
party liable for the costs of medical care for the person, the
spouse, and children. The state
agency shall require from any applicant or recipient of medical assistance the
assignment of any rights to medical support and third party payments. By accepting or receiving assistance, the
person is deemed to have assigned the person's rights to medical support and
third party payments as required by Title 19 of the Social Security Act. Persons must cooperate with the state in
establishing paternity and obtaining third party payments. By signing an application for accepting
medical assistance, a person assigns to the department of human services all
rights the person may have to medical support or payments for medical expenses
from any other person or entity on their own or their dependent's behalf and
agrees to cooperate with the state in establishing paternity and obtaining
third party payments. Any rights or
amounts so assigned shall be applied against the cost of medical care paid for
under this Any
assignment shall not be effective as to benefits paid or provided under
automobile accident coverage and private health care coverage prior to
notification of the assignment by the person or organization providing the
benefits. For the purposes of
this section, "the department of human services or the state"
includes prepaid health plans under contract with the commissioner according to sections 256B.031, 256B.69, 256D.03,
subdivision 4, paragraph (d), and 256L.12; children's mental health
collaboratives under section 245.493; demonstration projects for persons with
disabilities under section 256B.77; nursing
facilities under the alternative payment demonstration project under
section 256B.434; and the county-based purchasing entities under
section 256B.692.
Sec. 17. Minnesota
Statutes 2002, section 256B.064, subdivision 2, is amended to
read:
Subd. 2. [IMPOSITION OF
MONETARY RECOVERY AND SANCTIONS.] (a) The commissioner shall determine any
monetary amounts to be recovered and sanctions to be imposed upon a vendor of
medical care under this section. Except
as provided in paragraph paragraphs (b) and (d), neither a
monetary recovery nor a sanction will be imposed by the commissioner without
prior notice and an opportunity for a hearing, according to chapter 14, on
the commissioner's proposed action, provided that the commissioner may suspend
or reduce payment to a vendor of medical care, except a nursing home or
convalescent care facility, after notice and prior to the hearing if in the
commissioner's opinion that action is necessary to protect the public welfare
and the interests of the program.
(b) Except for a nursing home or convalescent care facility,
the commissioner may withhold or reduce payments to a vendor of medical care
without providing advance notice of such withholding or reduction if either of
the following occurs:
(1) the vendor is convicted of a crime involving the conduct
described in subdivision 1a; or
(2) the commissioner receives reliable evidence of fraud or
willful misrepresentation by the vendor.
(c) The commissioner must send notice of the withholding or
reduction of payments under paragraph (b) within five days of taking such
action. The notice must:
(1) state that payments are being withheld according to
paragraph (b);
(2) except in the case of a conviction for conduct described in
subdivision 1a, state that the withholding is for a temporary period and
cite the circumstances under which withholding will be terminated;
(3) identify the types of claims to which the withholding
applies; and
(4) inform the vendor of the right to submit written evidence
for consideration by the commissioner.
The withholding or reduction of payments will not continue
after the commissioner determines there is insufficient evidence of fraud or
willful misrepresentation by the vendor, or after legal proceedings relating to
the alleged fraud or willful misrepresentation are completed, unless the
commissioner has sent notice of intention to impose monetary recovery or
sanctions under paragraph (a).
(d) The commissioner may suspend or terminate a vendor's
participation in the program without providing advance notice and an
opportunity for a hearing when the suspension or termination is required
because of the vendor's exclusion from participation in Medicare. Within five days of taking such action, the
commissioner must send notice of the suspension or termination. The notice must:
(1) state that suspension or
termination is the result of the vendor's exclusion from Medicare;
(2) identify the effective date of the suspension or
termination;
(3) inform the vendor of the need to be reinstated to
Medicare before reapplying for participation in the program; and
(4) inform the vendor of the right to submit written
evidence for consideration by the commissioner.
(e) Upon receipt of a notice under paragraph (a) that a
monetary recovery or sanction is to be imposed, a vendor may request a
contested case, as defined in section 14.02, subdivision 3, by filing
with the commissioner a written request of appeal. The appeal request must be received by the commissioner no later
than 30 days after the date the notification of monetary recovery or sanction
was mailed to the vendor. The appeal
request must specify:
(1) each disputed item, the reason for the dispute, and an
estimate of the dollar amount involved for each disputed item;
(2) the computation that the vendor believes is correct;
(3) the authority in statute or rule upon which the vendor
relies for each disputed item;
(4) the name and address of the person or entity with whom
contacts may be made regarding the appeal; and
(5) other information required by the commissioner.
Sec. 18. Minnesota
Statutes 2002, section 256B.0913, subdivision 2, is amended to
read:
Subd. 2. [ELIGIBILITY
FOR SERVICES.] Alternative care services are available to Minnesotans age 65 or
older who are not eligible for medical assistance without a spenddown or
waiver obligation but who would be eligible for medical assistance within
180 days of admission to a nursing facility and subject to subdivisions 4
to 13.
Sec. 19. Minnesota
Statutes 2002, section 256B.0913, subdivision 4, is amended to
read:
Subd. 4. [ELIGIBILITY
FOR FUNDING FOR SERVICES FOR NONMEDICAL ASSISTANCE RECIPIENTS.] (a) Funding for
services under the alternative care program is available to persons who meet
the following criteria:
(1) the person has been determined by a community assessment
under section 256B.0911 to be a person who would require the level of care
provided in a nursing facility, but for the provision of services under the alternative
care program;
(2) the person is age 65 or older;
(3) the person would be eligible for medical assistance within
180 days of admission to a nursing facility;
(4) the person is not ineligible for the medical assistance
program due to an asset transfer penalty;
(5) the person needs services that are not funded through other
state or federal funding; and
(6) the monthly cost of the
alternative care services funded by the program for this person does not exceed
75 percent of the statewide weighted average monthly nursing facility rate
of the case mix resident class to which the individual alternative care client
would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, less the
recipient's maintenance needs allowance as described in section 256B.0915,
subdivision 1d, paragraph (a), until the first day of the state fiscal
year in which the resident assessment system, under section 256B.437, for
nursing home rate determination is implemented. Effective on the first day of the state fiscal year in which a
resident assessment system, under section 256B.437, for nursing home rate
determination is implemented and the first day of each subsequent state fiscal
year, the monthly cost of alternative care services for this person shall not
exceed the alternative care monthly cap for the case mix resident class to
which the alternative care client would be assigned under Minnesota Rules,
parts 9549.0050 to 9549.0059, which was in effect on the last day of the
previous state fiscal year, and adjusted by the greater of any legislatively
adopted home and community-based services cost-of-living percentage increase or
any legislatively adopted statewide percent rate increase for nursing
facilities monthly limit described under section 256B.0915,
subdivision 3a. This monthly
limit does not prohibit the alternative care client from payment for additional
services, but in no case may the cost of additional services purchased under
this section exceed the difference between the client's monthly service limit
defined under section 256B.0915, subdivision 3, and the alternative
care program monthly service limit defined in this paragraph. If medical supplies and equipment or
environmental modifications are or will be purchased for an alternative care services
recipient, the costs may be prorated on a monthly basis for up to 12
consecutive months beginning with the month of purchase. If the monthly cost of a recipient's other
alternative care services exceeds the monthly limit established in this paragraph,
the annual cost of the alternative care services shall be determined. In this event, the annual cost of
alternative care services shall not exceed 12 times the monthly limit described
in this paragraph.; and
(7) the person is making timely payments of the assessed
monthly fee.
A person is ineligible if
payment of the fee is over 60 days past due, unless the person agrees to:
(i) the appointment of a representative payee;
(ii) automatic payment from a financial account;
(iii) the establishment of greater family involvement in the
financial management of payments; or
(iv) another method acceptable to the county to ensure
prompt fee payments.
The county shall extend the client's eligibility as
necessary while making arrangements to facilitate payment of past-due amounts
and future premium payments. Following
disenrollment due to nonpayment of a monthly fee, eligibility shall not be
reinstated for a period of 30 days.
(b) Alternative care funding under this subdivision is not
available for a person who is a medical assistance recipient or who would be
eligible for medical assistance without a spenddown or waiver obligation. A person whose initial application for
medical assistance and the elderly waiver program is being processed may
be served under the alternative care program for a period up to 60 days. If the individual is found to be eligible
for medical assistance, medical assistance must be billed for services payable
under the federally approved elderly waiver plan and delivered from the date
the individual was found eligible for the federally approved elderly waiver
plan. Notwithstanding this provision, upon federal approval, alternative
care funds may not be used to pay for any service the cost of which: (i) is payable by medical assistance or
which; (ii) is used by a recipient to meet a medical assistance
income spenddown or waiver obligation; or (iii) is used to pay a medical
assistance income spenddown for a person who is eligible to participate in the
federally approved elderly waiver program under the special income standard
provision.
(c)
Alternative care funding is not available for a person who resides in a
licensed nursing home, certified boarding care home, hospital, or intermediate
care facility, except for case management services which are provided in
support of the discharge planning process to for a nursing home
resident or certified boarding care home resident to assist with a
relocation process to a community-based setting.
(d) Alternative care funding is not available for a person
whose income is greater than the maintenance needs allowance under
section 256B.0915, subdivision 1d, but equal to or less than 120
percent of the federal poverty guideline effective July 1, in the year for
which alternative care eligibility is determined, who would be eligible for the
elderly waiver with a waiver obligation.
Sec. 20. Minnesota
Statutes 2002, section 256B.0913, subdivision 5, is amended to
read:
Subd. 5. [SERVICES
COVERED UNDER ALTERNATIVE CARE.] (a) Alternative care funding may be
used for payment of costs of:
(1) adult foster care;
(2) adult day care;
(3) home health aide;
(4) homemaker services;
(5) personal care;
(6) case management;
(7) respite care;
(8) assisted living;
(9) residential care services;
(10) care-related supplies and equipment;
(11) meals delivered to the home;
(12) transportation;
(13) nursing services;
(14) chore services;
(15) companion services;
(16) nutrition services;
(17) training for direct informal caregivers;
(18) telehome care devices to monitor recipients provide
services in their own homes as an alternative to hospital care, nursing
home care, or home in conjunction with in-home visits;
(19)
other services which includes discretionary funds and direct cash
payments to clients, services, for which counties may make payment from
their alternative care program allocation or services not otherwise defined in
this section or section 256B.0625, following approval by the commissioner,
subject to the provisions of paragraph (j).
Total annual payments for "other services" for all clients
within a county may not exceed 25 percent of that county's annual alternative
care program base allocation; and
(20) environmental modifications.; and
(21) direct cash payments for which counties may make
payment from their alternative care program allocation to clients for the
purpose of purchasing services, following approval by the commissioner, and
subject to the provisions of subdivision 5h, until approval and
implementation of consumer-directed services through the federally approved
elderly waiver plan. Upon
implementation, consumer-directed services under the alternative care program
are available statewide and limited to the average monthly expenditures
representative of all alternative care program participants for the same case
mix resident class assigned in the most recent fiscal year for which complete
expenditure data is available.
Total annual payments for discretionary services and direct
cash payments, until the federally approved consumer-directed service option is
implemented statewide, for all clients within a county may not exceed 25
percent of that county's annual alternative care program base allocation. Thereafter, discretionary services are
limited to 25 percent of the county's annual alternative care program base
allocation.
Subd. 5a.
[SERVICES; SERVICE DEFINITIONS; SERVICE STANDARDS.] (a) Unless
specified in statute, the services, service definitions, and standards for
alternative care services shall be the same as the services, service
definitions, and standards specified in the federally approved elderly waiver
plan, except for transitional support services.
(b) The county agency must ensure that the funds are not used
to supplant services available through other public assistance or services
programs.
(c) Unless specified in statute, the services, service
definitions, and standards for alternative care services shall be the same as
the services, service definitions, and standards specified in the federally
approved elderly waiver plan. Except
for the county agencies' approval of direct cash payments to clients as
described in paragraph (j) or For a provider of supplies and equipment when
the monthly cost of the supplies and equipment is less than $250, persons or
agencies must be employed by or under a contract with the county agency or the
public health nursing agency of the local board of health in order to receive
funding under the alternative care program. Supplies and equipment may be
purchased from a vendor not certified to participate in the Medicaid program if
the cost for the item is less than that of a Medicaid vendor.
(c) Personal care services must meet the service standards
defined in the federally approved elderly waiver plan, except that a county
agency may contract with a client's relative who meets the relative hardship
waiver requirements or a relative who meets the criteria and is also the
responsible party under an individual service plan that ensures the client's
health and safety and supervision of the personal care services by a qualified
professional as defined in section 256B.0625, subdivision 19c. Relative hardship is established by the
county when the client's care causes a relative caregiver to do any of the
following: resign from a paying job,
reduce work hours resulting in lost wages, obtain a leave of absence resulting
in lost wages, incur substantial client-related expenses, provide services to
address authorized, unstaffed direct care time, or meet special needs of the
client unmet in the formal service plan.
(d)
Subd. 5b. [ADULT FOSTER CARE
RATE.] The adult foster care rate shall be considered a difficulty of care
payment and shall not include room and board.
The adult foster care rate shall be negotiated between the county agency
and the foster care provider. The
alternative care payment for the foster care service in combination with the
payment for other alternative care services, including case management, must not
exceed the limit specified in subdivision 4, paragraph (a), clause (6).
(e) Personal care services must meet the service standards
defined in the federally approved elderly waiver plan, except that a county
agency may contract with a client's relative who meets the relative hardship
waiver requirement as defined in section 256B.0627, subdivision 4,
paragraph (b), clause (10), to provide personal care services if the county
agency ensures supervision of this service by a qualified professional as
defined in section 256B.0625, subdivision 19c.
(f) Subd. 5c. [RESIDENTIAL CARE SERVICES; SUPPORTIVE
SERVICES; HEALTH-RELATED SERVICES.] For purposes of this section, residential
care services are services which are provided to individuals living in residential
care homes. Residential care homes are currently licensed as board and lodging
establishments under section 157.16, and are registered with the
department of health as providing special services under section 157.17 and
are not subject to registration except settings that are currently
registered under chapter 144D. Residential care services are defined
as "supportive services" and "health-related
services." "Supportive
services" means the provision of up to 24-hour supervision and
oversight. Supportive services includes:
(1) transportation, when provided by the residential care home only; (2)
socialization, when socialization is part of the plan of care, has specific
goals and outcomes established, and is not diversional or recreational in
nature; (3) assisting clients in setting up meetings and appointments; (4)
assisting clients in setting up medical and social services; (5) providing
assistance with personal laundry, such as carrying the client's laundry to the
laundry room. Assistance with personal laundry does not include any laundry,
such as bed linen, that is included in the room and board rate services
as defined in section 157.17, subdivision 1, paragraph (a). "Health-related services" are
limited to minimal assistance with dressing, grooming, and bathing and
providing reminders to residents to take medications that are self-administered
or providing storage for medications, if requested means services
covered in section 157.17, subdivision 1, paragraph (b). Individuals receiving residential care
services cannot receive homemaking services funded under this section.
(g) Subd. 5d.
[ASSISTED LIVING SERVICES.] For the purposes of this section,
"assisted living" refers to supportive services provided by a single
vendor to clients who reside in the same apartment building of three or more
units which are not subject to registration under chapter 144D and are
licensed by the department of health as a class A home care provider or a class
E home care provider. Assisted living
services are defined as up to 24-hour supervision, and oversight, and
supportive services as defined in clause (1) section 157.17,
subdivision 1, paragraph (a), individualized home care aide tasks as
defined in clause (2) Minnesota Rules, part 4668.0110, and
individualized home management tasks as defined in clause (3) Minnesota
Rules, part 4668.0120 provided to residents of a residential center living
in their units or apartments with a full kitchen and bathroom. A full kitchen includes a stove, oven,
refrigerator, food preparation counter space, and a kitchen utensil storage
compartment. Assisted living services
must be provided by the management of the residential center or by providers
under contract with the management or with the county.
(1) Supportive services include:
(i) socialization, when socialization is part of the plan of
care, has specific goals and outcomes established, and is not diversional or
recreational in nature;
(ii) assisting clients in setting up meetings and
appointments; and
(iii) providing transportation, when provided by the
residential center only.
(2)
Home care aide tasks means:
(i) preparing modified diets, such as diabetic or low sodium
diets;
(ii) reminding residents to take regularly scheduled
medications or to perform exercises;
(iii) household chores in the presence of technically
sophisticated medical equipment or episodes of acute illness or infectious
disease;
(iv) household chores when the resident's care requires the
prevention of exposure to infectious disease or containment of infectious
disease; and
(v) assisting with dressing, oral hygiene, hair care,
grooming, and bathing, if the resident is ambulatory, and if the resident has
no serious acute illness or infectious disease. Oral hygiene means care of
teeth, gums, and oral prosthetic devices.
(3) Home management tasks means:
(i) housekeeping;
(ii) laundry;
(iii) preparation of regular snacks and meals; and
(iv) shopping.
Subd. 5e.
[FURTHER ASSISTED LIVING REQUIREMENTS.] (a) Individuals receiving
assisted living services shall not receive both assisted living services and
homemaking services. Individualized means services are chosen and designed
specifically for each resident's needs, rather than provided or offered to all
residents regardless of their illnesses, disabilities, or physical
conditions. Assisted living services as
defined in this section shall not be authorized in boarding and lodging
establishments licensed according to sections 157.011 and 157.15 to
157.22.
(h) (b) For establishments registered under
chapter 144D, assisted living services under this section means either the
services described in paragraph (g) subdivision 5d and
delivered by a class E home care provider licensed by the department of health
or the services described under section 144A.4605 and delivered by an
assisted living home care provider or a class A home care provider licensed by
the commissioner of health.
(i) Subd. 5f.
[PAYMENT RATES FOR ASSISTED LIVING SERVICES AND RESIDENTIAL CARE.] (a)
Payment for assisted living services and residential care services shall be a
monthly rate negotiated and authorized by the county agency based on an
individualized service plan for each resident and may not cover direct rent or
food costs.
first
day of the state fiscal year in which a resident assessment system, under
section 256B.437, of nursing home rate determination is implemented and
the first day of each subsequent state fiscal year, the individualized monthly
negotiated payment for the services described in this clause shall not exceed
the limit described in this clause which was in effect on the last day of the previous
state fiscal year and which has been adjusted by the greater of any
legislatively adopted home and community-based services cost-of-living
percentage increase or any legislatively adopted statewide percent rate
increase for nursing facilities groups according to subdivision 4,
paragraph (a), clause (6). (1) (b) The individualized monthly negotiated
payment for assisted living services as described in paragraph (g) subdivision 5d
or (h) 5e, paragraph (b), and residential care services as
described in paragraph (f) subdivision 5c, shall not exceed
the nonfederal share in effect on July 1 of the state fiscal year for which the
rate limit is being calculated of the greater of either the statewide or any of
the geographic groups' weighted average monthly nursing facility payment
rate of the case mix resident class to which the alternative care eligible
client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059,
less the maintenance needs allowance as described in section 256B.0915,
subdivision 1d, paragraph (a), until the first day of the state fiscal year
in which a resident assessment system, under section 256B.437, of nursing
home rate determination is implemented.
Effective on the
(2) (c) The individualized monthly negotiated
payment for assisted living services described under section 144A.4605 and
delivered by a provider licensed by the department of health as a class A home
care provider or an assisted living home care provider and provided in a
building that is registered as a housing with services establishment under
chapter 144D and that provides 24-hour supervision in combination with the
payment for other alternative care services, including case management, must
not exceed the limit specified in subdivision 4, paragraph (a), clause
(6).
(j) Subd. 5g.
[PROVISIONS GOVERNING DIRECT CASH PAYMENTS.] A county agency may make
payment from their alternative care program allocation for "other
services" which include use of "discretionary funds" for
services that are not otherwise defined in this section and direct cash
payments to the client for the purpose of purchasing the services. The following provisions apply to payments
under this paragraph subdivision:
(1) a cash payment to a client under this provision cannot
exceed the monthly payment limit for that client as specified in
subdivision 4, paragraph (a), clause (6); and
(2) a county may not approve any cash payment for a client who
meets either of the following:
(i) has been assessed as having a dependency in orientation,
unless the client has an authorized representative. An "authorized representative" means an individual who
is at least 18 years of age and is designated by the person or the person's
legal representative to act on the person's behalf. This individual may be a family member, guardian, representative
payee, or other individual designated by the person or the person's legal
representative, if any, to assist in purchasing and arranging for supports; or
(ii) is concurrently receiving adult foster care, residential
care, or assisted living services;.
(3) Subd. 5h. [CASH PAYMENTS TO PERSONS.] (a) Cash
payments to a person or a person's family will be provided through a monthly
payment and be in the form of cash, voucher, or direct county payment to a
vendor. Fees or premiums assessed to
the person for eligibility for health and human services are not reimbursable
through this service option. Services
and goods purchased through cash payments must be identified in the person's
individualized care plan and must meet all of the following criteria:
(i) (1) they must be over and above the normal
cost of caring for the person if the person did not have functional
limitations;
(ii) (2) they must be directly attributable to
the person's functional limitations;
(iii) (3) they must have the potential to be
effective at meeting the goals of the program; and
(iv) (4) they must be consistent with the needs
identified in the individualized service plan.
The service plan shall specify the needs of the person and family, the
form and amount of payment, the items and services to be reimbursed, and the arrangements
for management of the individual grant; and.
(v) (b) The person,
the person's family, or the legal representative shall be provided sufficient
information to ensure an informed choice of alternatives. The local agency shall document this
information in the person's care plan, including the type and level of
expenditures to be reimbursed;.
(c) Persons receiving grants under this section shall have
the following responsibilities:
(1) spend the grant money in a manner consistent with their
individualized service plan with the local agency;
(2) notify the local agency of any necessary changes in the
grant expenditures;
(3) arrange and pay for supports; and
(4) inform the local agency of areas where they have
experienced difficulty securing or maintaining supports.
(d) The county shall report client outcomes, services, and
costs under this paragraph in a manner prescribed by the commissioner.
(4) Subd. 5i.
[IMMUNITY.] The state of Minnesota, county, lead agency under contract,
or tribal government under contract to administer the alternative care program
shall not be liable for damages, injuries, or liabilities sustained through the
purchase of direct supports or goods by the person, the person's family, or the
authorized representative with funds received through the cash payments under
this section. Liabilities include, but
are not limited to, workers' compensation, the Federal Insurance Contributions
Act (FICA), or the Federal Unemployment Tax Act (FUTA);.
(5) persons receiving grants under this section shall have
the following responsibilities:
(i) spend the grant money in a manner consistent with their
individualized service plan with the local agency;
(ii) notify the local agency of any necessary changes in the
grant expenditures;
(iii) arrange and pay for supports; and
(iv) inform the local agency of areas where they have
experienced difficulty securing or maintaining supports; and
(6) the county shall report client outcomes, services, and
costs under this paragraph in a manner prescribed by the commissioner.
Sec. 21. Minnesota
Statutes 2002, section 256B.0913, subdivision 6, is amended to
read:
Subd. 6. [ALTERNATIVE
CARE PROGRAM ADMINISTRATION.] (a) The alternative care program is
administered by the county agency. This
agency is the lead agency responsible for the local administration of the
alternative care program as described in this section. However, it may contract with the public
health nursing service to be the lead agency.
The commissioner may contract with federally recognized Indian tribes
with a reservation in Minnesota to serve as the lead agency responsible for the
local administration of the alternative care program as described in the
contract.
(b) Alternative care pilot projects operate according to
this section and the provisions of Laws 1993, First Special Session
chapter 1, article 5, section 133, under agreement with the
commissioner. Each pilot project
agreement period shall begin no later than the first payment cycle of the state
fiscal year and continue through the last payment cycle of the state fiscal
year.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 22. Minnesota Statutes 2002,
section 256B.0913, subdivision 7, is amended to read:
Subd. 7. [CASE
MANAGEMENT.] Providers of case management services for persons receiving
services funded by the alternative care program must meet the qualification
requirements and standards specified in section 256B.0915,
subdivision 1b. The case
manager must not approve alternative care funding for a client in any setting
in which the case manager cannot reasonably ensure the client's health and
safety. The case manager is responsible
for the cost-effectiveness of the alternative care individual care plan and must
not approve any care plan in which the cost of services funded by alternative
care and client contributions exceeds the limit specified in
section 256B.0915, subdivision 3, paragraph (b). The county may allow a case manager
employed by the county to delegate certain aspects of the case management
activity to another individual employed by the county provided there is
oversight of the individual by the case manager. The case manager may not delegate those aspects which require
professional judgment including assessments, reassessments, and care plan
development.
Sec. 23. Minnesota
Statutes 2002, section 256B.0913, subdivision 8, is amended to
read:
Subd. 8. [REQUIREMENTS
FOR INDIVIDUAL CARE PLAN.] (a) The case manager shall implement the plan of
care for each alternative care client and ensure that a client's service needs
and eligibility are reassessed at least every 12 months. The plan shall include any services
prescribed by the individual's attending physician as necessary to allow the
individual to remain in a community setting.
In developing the individual's care plan, the case manager should
include the use of volunteers from families and neighbors, religious
organizations, social clubs, and civic and service organizations to support the
formal home care services. The county
shall be held harmless for damages or injuries sustained through the use of
volunteers under this subdivision including workers' compensation
liability. The lead agency shall
provide documentation in each individual's plan of care and, if requested, to
the commissioner that the most cost-effective alternatives available have been
offered to the individual and that the individual was free to choose among
available qualified providers, both public and private, including qualified
case management or service coordination providers other than those employed by
the lead agency when the lead agency maintains responsibility for prior
authorizing services in accordance with statutory and administrative
requirements. The case manager must
give the individual a ten-day written notice of any denial, termination, or
reduction of alternative care services.
(b) If the county administering alternative care services is
different than the county of financial responsibility, the care plan may be
implemented without the approval of the county of financial responsibility.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 24. Minnesota
Statutes 2002, section 256B.0913, subdivision 10, is amended to
read:
Subd. 10. [ALLOCATION
FORMULA.] (a) The alternative care appropriation for fiscal years 1992 and
beyond shall cover only alternative care eligible clients. By July 1 of each year, the commissioner
shall allocate to county agencies the state funds available for alternative
care for persons eligible under subdivision 2.
(b) The adjusted base for each county is the county's current
fiscal year base allocation plus any targeted funds approved during the current
fiscal year. Calculations for
paragraphs (c) and (d) are to be made as follows: for each county, the determination of alternative care program
expenditures shall be based on payments for services rendered from April 1
through March 31 in the base year, to the extent that claims have been
submitted and paid by June 1 of that year.
(c) If the alternative care program expenditures as defined in
paragraph (b) are 95 percent or more of the county's adjusted base allocation,
the allocation for the next fiscal year is 100 percent of the adjusted base,
plus inflation to the extent that inflation is included in the state budget.
(d) If the alternative care
program expenditures as defined in paragraph (b) are less than 95 percent of
the county's adjusted base allocation, the allocation for the next fiscal year
is the adjusted base allocation less the amount of unspent funds below the 95
percent level.
(e) If the annual legislative appropriation for the alternative
care program is inadequate to fund the combined county allocations for a
biennium, the commissioner shall distribute to each county the entire annual
appropriation as that county's percentage of the computed base as calculated in
paragraphs (c) and (d).
(f) On agreement between the commissioner and the lead
agency, the commissioner may have discretion to reallocate alternative care
base allocations distributed to lead agencies in which the base amount exceeds
program expenditures.
Sec. 25. Minnesota
Statutes 2002, section 256B.0913, subdivision 12, is amended to
read:
Subd. 12. [CLIENT PREMIUMS
FEES.] (a) A premium fee is required for all alternative
care eligible clients to help pay for the cost of participating in the
program. The amount of the premium
fee for the alternative care client shall be determined as follows:
(1) when the alternative care client's income less recurring
and predictable medical expenses is greater than the recipient's maintenance
needs allowance as defined in section 256B.0915, subdivision 1d,
paragraph (a), but less than 150 100 percent of the federal
poverty guideline effective on July 1 of the state fiscal year in which the premium
fee is being computed, and total assets are less than $10,000, the fee
is zero;
(2) when the alternative care client's income less recurring
and predictable medical expenses is equal to or greater than 100
percent but less than 150 percent of the federal poverty guideline
effective on July 1 of the state fiscal year in which the premium fee
is being computed, and total assets are less than $10,000, the fee is 25
five percent of the cost of alternative care services or the difference
between 150 percent of the federal poverty guideline effective on July 1 of the
state fiscal year in which the premium is being computed and the client's
income less recurring and predictable medical expenses, whichever is less; and
(3) when the alternative care client's total assets are
greater income less recurring and predictable medical expenses is equal
to or greater than 150 percent but less than 200 percent of the federal poverty
guidelines effective on July 1 of the state fiscal year in which the fee is
being computed and assets are less than $10,000, the fee is 25 15
percent of the cost of alternative care services;
(4) when the alternative care client's income less recurring
and predictable medical expenses is equal to or greater than 200 percent of the
federal poverty guidelines effective on July 1 of the state fiscal year in
which the fee is being computed and assets are less than $10,000, the fee is 30
percent of the cost of alternative care services; and
(5) when the alternative care client's assets are equal to
or greater than $10,000, the fee is 30 percent of the cost of alternative care
services.
For married persons, total assets are defined as the total
marital assets less the estimated community spouse asset allowance, under
section 256B.059, if applicable.
For married persons, total income is defined as the client's income less
the monthly spousal allotment, under section 256B.058.
All alternative care services except case management
shall be included in the estimated costs for the purpose of determining 25
percent of the costs fee.
Premiums Fees are due and payable each month
alternative care services are received unless the actual cost of the services
is less than the premium fee, in which case the fee is the lesser
amount.
(b) The fee shall be waived by
the commissioner when:
(1) a person who is residing in a nursing facility is receiving
case management only;
(2) a person is applying for medical assistance;
(3) a married couple is requesting an asset assessment
under the spousal impoverishment provisions;
(4) (3) a person is found eligible for
alternative care, but is not yet receiving alternative care services; or
(5) a person's fee under paragraph (a) is less than $25
(4) a person has chosen to participate in a
consumer-directed service plan for which the cost is no greater than the total
cost of the person's alternative care service plan less the monthly fee amount
that would otherwise be assessed.
(c) The county agency must record in the state's receivable
system the client's assessed premium fee amount or the reason the
premium fee has been waived.
The commissioner will bill and collect the premium fee
from the client. Money collected must
be deposited in the general fund and is appropriated to the commissioner for
the alternative care program. The
client must supply the county with the client's social security number at the
time of application. The county shall
supply the commissioner with the client's social security number and other information
the commissioner requires to collect the premium fee from the
client. The commissioner shall collect
unpaid premiums fees using the Revenue Recapture Act in
chapter 270A and other methods available to the commissioner. The commissioner may require counties to
inform clients of the collection procedures that may be used by the state if a premium
fee is not paid. This paragraph does not apply to alternative care pilot
projects authorized in Laws 1993, First Special Session chapter 1, article
5, section 133, if a county operating under the pilot project reports the
following dollar amounts to the commissioner quarterly:
(1) total premiums fees billed to clients;
(2) total collections of premiums fees billed;
and
(3) balance of premiums fees owed by clients.
If a county does not adhere
to these reporting requirements, the commissioner may terminate the billing,
collecting, and remitting portions of the pilot project and require the county
involved to operate under the procedures set forth in this paragraph.
Sec. 26. Minnesota
Statutes 2002, section 256B.0915, subdivision 3, is amended to
read:
Subd. 3. [LIMITS OF
CASES, RATES, PAYMENTS, AND FORECASTING.] (a) The number of
medical assistance waiver recipients that a county may serve must be allocated
according to the number of medical assistance waiver cases open on July 1 of
each fiscal year. Additional recipients
may be served with the approval of the commissioner.
assessment
system as described in section 256B.437 for nursing home rate
determination is implemented and the first day of each subsequent state fiscal
year, the monthly limit for the cost of waivered services to an individual
elderly waiver client shall be the rate of the case mix resident class to which
the waiver client would be assigned under Minnesota Rules, parts 9549.0050 to
9549.0059, in effect on the last day of the previous state fiscal year,
adjusted by the greater of any legislatively adopted home and community-based
services cost-of-living percentage increase or any legislatively adopted
statewide percent rate increase for nursing facilities. (b) Subd. 3a.
[ELDERLY WAIVER COST LIMITS.] (a) The monthly limit for the cost
of waivered services to an individual elderly waiver client shall be the
weighted average monthly nursing facility rate of the case mix resident class
to which the elderly waiver client would be assigned under Minnesota Rules,
parts 9549.0050 to 9549.0059, less the recipient's maintenance needs allowance
as described in subdivision 1d, paragraph (a), until the first day of the
state fiscal year in which the resident assessment system as described in
section 256B.437 for nursing home rate determination is implemented.
Effective on the first day of the state fiscal year in which the resident
(c) (b) If extended medical supplies and
equipment or environmental modifications are or will be purchased for an
elderly waiver client, the costs may be prorated for up to 12 consecutive
months beginning with the month of purchase.
If the monthly cost of a recipient's waivered services exceeds the
monthly limit established in paragraph (b) (a), the annual cost
of all waivered services shall be determined.
In this event, the annual cost of all waivered services shall not exceed
12 times the monthly limit of waivered services as described in paragraph (b)
(a).
(d) Subd. 3b.
[COST LIMITS FOR ELDERLY WAIVER APPLICANTS WHO RESIDE IN A NURSING
FACILITY.] (a) For a person who is a nursing facility resident at the
time of requesting a determination of eligibility for elderly waivered
services, a monthly conversion limit for the cost of elderly waivered services
may be requested. The monthly
conversion limit for the cost of elderly waiver services shall be the resident class
assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, for that resident
in the nursing facility where the resident currently resides until July 1 of
the state fiscal year in which the resident assessment system as described in
section 256B.437 for nursing home rate determination is implemented. Effective on July 1 of the state fiscal year
in which the resident assessment system as described in section 256B.437
for nursing home rate determination is implemented, the monthly conversion limit
for the cost of elderly waiver services shall be the per diem nursing facility
rate as determined by the resident assessment system as described in
section 256B.437 for that resident in the nursing facility where the
resident currently resides multiplied by 365 and divided by 12, less the recipient's
maintenance needs allowance as described in subdivision 1d. The initially approved conversion rate may
be adjusted by the greater of any subsequent legislatively adopted home and
community-based services cost-of-living percentage increase or any subsequent
legislatively adopted statewide percentage rate increase for nursing
facilities. The limit under this clause
subdivision only applies to persons discharged from a nursing facility
after a minimum 30-day stay and found eligible for waivered services on or
after July 1, 1997.
(b) The following costs must be included in determining
the total monthly costs for the waiver client:
(1) cost of all waivered services, including extended medical
supplies and equipment and environmental modifications; and
(2) cost of skilled nursing, home health aide, and personal
care services reimbursable by medical assistance.
(e) Subd. 3c.
[SERVICE APPROVAL AND CONTRACTING PROVISIONS.] (a) Medical
assistance funding for skilled nursing services, private duty nursing, home
health aide, and personal care services for waiver recipients must be approved
by the case manager and included in the individual care plan.
(f) (b) A county is not required to contract with
a provider of supplies and equipment if the monthly cost of the supplies and
equipment is less than $250.
(g) Subd. 3d.
[ADULT FOSTER CARE RATE.] The adult foster care rate shall be considered
a difficulty of care payment and shall not include room and board. The adult foster care service rate shall be
negotiated between the county agency and the foster care provider. The elderly waiver payment for the foster
care service in combination with the payment for all other elderly waiver
services, including case management, must not exceed the limit specified in subdivision 3a,
paragraph (b) (a).
(h)
Subd. 3e. [ASSISTED LIVING
SERVICE RATE.] (a) Payment for assisted living service shall be a
monthly rate negotiated and authorized by the county agency based on an
individualized service plan for each resident and may not cover direct rent or
food costs.
(1) (b) The individualized monthly negotiated
payment for assisted living services as described in section 256B.0913, subdivision 5,
paragraph (g) or (h) subdivisions 5d to 5f, and residential
care services as described in section 256B.0913, subdivision 5,
paragraph (f) 5c, shall not exceed the nonfederal share, in effect
on July 1 of the state fiscal year for which the rate limit is being
calculated, of the greater of either the statewide or any of the geographic
groups' weighted average monthly nursing facility rate of the case mix resident
class to which the elderly waiver eligible client would be assigned under
Minnesota Rules, parts 9549.0050 to 9549.0059, less the maintenance needs
allowance as described in subdivision 1d, paragraph (a), until the July 1
of the state fiscal year in which the resident assessment system as described
in section 256B.437 for nursing home rate determination is implemented.
Effective on July 1 of the state fiscal year in which the resident assessment
system as described in section 256B.437 for nursing home rate
determination is implemented and July 1 of each subsequent state fiscal year,
the individualized monthly negotiated payment for the services described in
this clause shall not exceed the limit described in this clause which was in
effect on June 30 of the previous state fiscal year and which has been adjusted
by the greater of any legislatively adopted home and community-based services
cost-of-living percentage increase or any legislatively adopted statewide
percent rate increase for nursing facilities.
(2) (c) The individualized monthly negotiated
payment for assisted living services described in section 144A.4605 and
delivered by a provider licensed by the department of health as a class A home
care provider or an assisted living home care provider and provided in a
building that is registered as a housing with services establishment under
chapter 144D and that provides 24-hour supervision in combination with the
payment for other elderly waiver services, including case management, must not
exceed the limit specified in paragraph (b) subdivision 3a.
(i) Subd. 3f.
[INDIVIDUAL SERVICE RATES; EXPENDITURE FORECASTS.] (a) The county
shall negotiate individual service rates with vendors and may authorize payment
for actual costs up to the county's current approved rate. Persons or agencies must be employed by or
under a contract with the county agency or the public health nursing agency of
the local board of health in order to receive funding under the elderly waiver
program, except as a provider of supplies and equipment when the monthly cost
of the supplies and equipment is less than $250.
(j) (b) Reimbursement for the medical assistance
recipients under the approved waiver shall be made from the medical assistance
account through the invoice processing procedures of the department's Medicaid
Management Information System (MMIS), only with the approval of the client's
case manager. The budget for the state
share of the Medicaid expenditures shall be forecasted with the medical
assistance budget, and shall be consistent with the approved waiver.
(k) Subd. 3g.
[SERVICE RATE LIMITS; STATE ASSUMPTION OF COSTS.] (a) To improve
access to community services and eliminate payment disparities between the
alternative care program and the elderly waiver, the commissioner shall
establish statewide maximum service rate limits and eliminate county-specific
service rate limits.
(1) (b) Effective July 1, 2001, for service rate
limits, except those described or defined in paragraphs (g) and (h) subdivisions 3d
and 3e, the rate limit for each service shall be the greater of the
alternative care statewide maximum rate or the elderly waiver statewide maximum
rate.
(2) (c) Counties may negotiate individual service
rates with vendors for actual costs up to the statewide maximum service rate
limit.
Sec.
27. Minnesota Statutes 2002,
section 256B.15, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITION.] For purposes of this section, "medical
assistance" includes the medical assistance program under this chapter and
the general assistance medical care program under chapter 256D, but
does not include the alternative care program for nonmedical assistance
recipients under section 256B.0913, subdivision 4 and
alternative care for nonmedical assistance recipients under
section 256B.0913.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, for decedents dying on or after that date.
Sec. 28. Minnesota
Statutes 2002, section 256B.15, subdivision 1a, is amended to
read:
Subd. 1a. [ESTATES
SUBJECT TO CLAIMS.] If a person receives any medical assistance hereunder, on
the person's death, if single, or on the death of the survivor of a married
couple, either or both of whom received medical assistance, or as otherwise
provided for in this section, the total amount paid for medical assistance
rendered for the person and spouse shall be filed as a claim against the estate
of the person or the estate of the surviving spouse in the court having
jurisdiction to probate the estate or to issue a decree of descent according to
sections 525.31 to 525.313.
A claim shall be filed if medical assistance was rendered for
either or both persons under one of the following circumstances:
(a) the person was over 55 years of age, and received services
under this chapter, excluding alternative care;
(b) the person resided in a medical institution for six months
or longer, received services under this chapter excluding alternative care,
and, at the time of institutionalization or application for medical assistance,
whichever is later, the person could not have reasonably been expected to be
discharged and returned home, as certified in writing by the person's treating
physician. For purposes of this section
only, a "medical institution" means a skilled nursing facility,
intermediate care facility, intermediate care facility for persons with mental
retardation, nursing facility, or inpatient hospital; or
(c) the person received general assistance medical care
services under chapter 256D.
The claim shall be considered an expense of the last illness of
the decedent for the purpose of section 524.3-805. Any statute of
limitations that purports to limit any county agency or the state agency, or
both, to recover for medical assistance granted hereunder shall not apply to
any claim made hereunder for reimbursement for any medical assistance granted
hereunder. Notice of the claim shall be
given to all heirs and devisees of the decedent whose identity can be
ascertained with reasonable diligence.
The notice must include procedures and instructions for making an
application for a hardship waiver under subdivision 5; time frames for
submitting an application and determination; and information regarding appeal
rights and procedures. Counties are
entitled to one-half of the nonfederal share of medical assistance collections
from estates that are directly attributable to county effort. Counties are entitled to ten percent of
the collections for alternative care directly attributable to county effort.
[EFFECTIVE DATE.] The
amendments in this section relating to the alternative care program are
effective July 1, 2003, and apply to the estates of decedents who die on or
after that date. The remaining
amendments in this section are effective August 1, 2003, and apply to the
estates of decedents who die on and after that date.
Sec. 29. Minnesota
Statutes 2002, section 256B.15, subdivision 2, is amended to
read:
Subd. 2. [LIMITATIONS
ON CLAIMS.] The claim shall include only the total amount of medical assistance
rendered after age 55 or during a period of institutionalization described in
subdivision 1a, clause (b), and the total amount of general assistance
medical care rendered, and shall not include interest. Claims that have been allowed but not paid shall bear interest
according to section 524.3-806, paragraph (d). A claim against the estate of a surviving spouse who did not
receive medical assistance, for medical assistance rendered for the predeceased
spouse, is limited to the value of the assets of the estate that were marital
property or jointly owned property at any time during the marriage. Claims for alternative care shall be net
of all premiums paid under section 256B.0913, subdivision 12, on or
after July 1, 2003, and shall be limited to services provided on or after July
1, 2003.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, for decedents dying on or after that date.
Sec. 30. Minnesota
Statutes 2002, section 256B.431, subdivision 2r, is amended to
read:
Subd. 2r. [PAYMENT
RESTRICTIONS ON LEAVE DAYS.] Effective July 1, 1993, the commissioner shall
limit payment for leave days in a nursing facility to 79 percent of that
nursing facility's total payment rate for the involved resident. For services rendered on or after July 1,
2003, for facilities reimbursed under this section or section 256B.434,
the commissioner shall limit payment for leave days in a nursing facility to 60
percent of that nursing facility's total payment rate for the involved
resident.
Sec. 31. Minnesota
Statutes 2002, section 256B.431, is amended by adding a subdivision
to read:
Subd. 2t.
[PAYMENT LIMITATION.] For services rendered on or after July 1, 2003,
for facilities reimbursed under this section or section 256B.434, the
Medicaid program shall only pay a co-payment during a Medicare-covered skilled
nursing facility stay if the Medicare rate less the resident's co-payment
responsibility is less than the Medicaid RUG-III case-mix payment rate. The amount that shall be paid by the
Medicaid program is equal to the amount by which the Medicaid RUG-III case-mix
payment rate exceeds the Medicare rate less the co-payment responsibility. Health plans paying for nursing home
services under section 256B.69, subdivision 6a, may limit payments as
allowed under this subdivision.
Sec. 32. Minnesota
Statutes 2002, section 256B.431, subdivision 32, is amended to
read:
Subd. 32. [PAYMENT
DURING FIRST 90 DAYS.] (a) For rate years beginning on or after July 1, 2001,
the total payment rate for a facility reimbursed under this section,
section 256B.434, or any other section for the first 90 paid days after
admission shall be:
(1) for the first 30 paid days, the rate shall be 120 percent of
the facility's medical assistance rate for each case mix class; and
(2) for the next 60 paid days after the first 30 paid days, the
rate shall be 110 percent of the facility's medical assistance rate for each
case mix class.;
(b) (3) beginning with the 91st paid day after
admission, the payment rate shall be the rate otherwise determined under this
section, section 256B.434, or any other section.; and
(c) (4) payments under this subdivision
applies paragraph apply to admissions occurring on or after July 1,
2001, and before July 1, 2003, and to resident days occurring before July
30, 2003.
(b) For rate years beginning on or after July 1, 2003, the
total payment rate for a facility reimbursed under this section,
section 256B.434, or any other section shall be:
(1) for the first 30 calendar days after admission, the rate
shall be 120 percent of the facility's medical assistance rate for each RUG
class;
(2)
beginning with the 31st calendar day after admission, the payment rate shall be
the rate otherwise determined under this section, section 256B.434, or any
other section; and
(3) payments under this paragraph apply to admissions
occurring on or after July 1, 2003.
(c) Effective January 1, 2004, the enhanced rates under this
subdivision shall not be allowed if a resident has resided during the previous
30 calendar days in:
(1) the same nursing facility;
(2) a nursing facility owned or operated by a related party;
or
(3) a nursing facility or part of a facility that closed.
Sec. 33. Minnesota
Statutes 2002, section 256B.431, subdivision 36, is amended to
read:
Subd. 36. [EMPLOYEE
SCHOLARSHIP COSTS AND TRAINING IN ENGLISH AS A SECOND LANGUAGE.] (a) For the
period between July 1, 2001, and June 30, 2003, the commissioner shall provide
to each nursing facility reimbursed under this section, section 256B.434,
or any other section, a scholarship per diem of 25 cents to the total operating
payment rate to be used:
(1) for employee scholarships that satisfy the following requirements:
(i) scholarships are available to all employees who work an
average of at least 20 hours per week at the facility except the administrator,
department supervisors, and registered nurses; and
(ii) the course of study is expected to lead to career
advancement with the facility or in long-term care, including medical care
interpreter services and social work; and
(2) to provide job-related training in English as a second
language.
(b) A facility receiving a rate adjustment under this subdivision
may submit to the commissioner on a schedule determined by the commissioner and
on a form supplied by the commissioner a calculation of the scholarship per
diem, including: the amount received
from this rate adjustment; the amount used for training in English as a second
language; the number of persons receiving the training; the name of the person
or entity providing the training; and for each scholarship recipient, the name
of the recipient, the amount awarded, the educational institution attended, the
nature of the educational program, the program completion date, and a
determination of the per diem amount of these costs based on actual resident
days.
(c) On July 1, 2003, the commissioner shall remove the 25 cent
scholarship per diem from the total operating payment rate of each facility.
(d) For rate years beginning after June 30, 2003, the
commissioner shall provide to each facility the scholarship per diem determined
in paragraph (b). In calculating the
per diem under paragraph (b), the commissioner shall allow only costs related
to tuition and direct educational expenses.
Sec. 34. Minnesota
Statutes 2002, section 256B.431, is amended by adding a subdivision
to read:
Subd. 38.
[NURSING HOME RATE INCREASES EFFECTIVE IN FISCAL YEAR 2003.] Effective
June 1, 2003, the commissioner shall provide to each nursing home
reimbursed under this section or section 256B.434, an increase in each
case mix payment rate equal to the increase in the per-bed surcharge paid under
section 256.9657, subdivision 1, paragraph (d), divided by 365 and
further divided by .90. The increase
shall not be subject to any annual percentage increase. The 30-day advance notice requirement in
section 256B.47, subdivision 2, shall not apply to rate increases
resulting from this section. The
commissioner shall not adjust the rate increase under this subdivision unless
the adjustment is greater than 1.5 percent of the monthly surcharge payment
amount under section 256.9657, subdivision 4.
[EFFECTIVE DATE.] This
section is effective May 31, 2003.
Sec. 35. Minnesota
Statutes 2002, section 256B.431, is amended by adding a subdivision
to read:
Subd. 39.
[FACILITY RATES BEGINNING ON OR AFTER JULY 1, 2003.] For rate years
beginning on or after July 1, 2003, nursing facilities reimbursed under this
section shall have their July 1 operating payment rate be equal to their
operating payment rate in effect on the prior June 30th.
Sec. 36. Minnesota
Statutes 2002, section 256B.434, subdivision 4, is amended to
read:
Subd. 4. [ALTERNATE
RATES FOR NURSING FACILITIES.] (a) For nursing facilities which have their
payment rates determined under this section rather than section 256B.431,
the commissioner shall establish a rate under this subdivision. The nursing facility must enter into a
written contract with the commissioner.
(b) A nursing facility's case mix payment rate for the first
rate year of a facility's contract under this section is the payment rate the
facility would have received under section 256B.431.
(c) A nursing facility's case mix payment rates for the second
and subsequent years of a facility's contract under this section are the
previous rate year's contract payment rates plus an inflation adjustment and,
for facilities reimbursed under this section or section 256B.431, an
adjustment to include the cost of any increase in health department licensing
fees for the facility taking effect on or after July 1, 2001. The index for the inflation adjustment must
be based on the change in the Consumer Price Index-All Items (United States
City average) (CPI-U) forecasted by Data Resources, Inc. the
commissioner of finance's national economic consultant, as forecasted in
the fourth quarter of the calendar year preceding the rate year. The inflation
adjustment must be based on the 12-month period from the midpoint of the
previous rate year to the midpoint of the rate year for which the rate is being
determined. For the rate years
beginning on July 1, 1999, July 1, 2000, July 1, 2001, and July 1, 2002,
July 1, 2003, and July 1, 2004, this paragraph shall apply only to the
property-related payment rate, except that adjustments to include the cost of
any increase in health department licensing fees taking effect on or after July
1, 2001, shall be provided. In determining
the amount of the property-related payment rate adjustment under this
paragraph, the commissioner shall determine the proportion of the facility's
rates that are property-related based on the facility's most recent cost
report.
(d) The commissioner shall develop additional incentive-based
payments of up to five percent above the standard contract rate for achieving
outcomes specified in each contract.
The specified facility-specific outcomes must be measurable and approved
by the commissioner. The commissioner
may establish, for each contract, various levels of achievement within an
outcome. After the outcomes have been
specified the commissioner shall assign various levels of payment associated
with achieving the outcome. Any
incentive-based payment cancels if there is a termination of the contract. In establishing the specified outcomes and
related criteria the commissioner shall consider the following state policy
objectives:
(1) improved cost effectiveness and quality of life as measured
by improved clinical outcomes;
(2) successful diversion or discharge to community
alternatives;
(3) decreased acute care costs;
(4) improved consumer
satisfaction;
(5) the achievement of quality; or
(6) any additional outcomes proposed by a nursing facility that
the commissioner finds desirable.
Sec. 37. Minnesota
Statutes 2002, section 256B.434, subdivision 10, is amended to
read:
Subd. 10. [EXEMPTIONS.]
(a) To the extent permitted by federal law, (1) a facility that has entered
into a contract under this section is not required to file a cost report, as
defined in Minnesota Rules, part 9549.0020, subpart 13, for any year after the
base year that is the basis for the calculation of the contract payment rate
for the first rate year of the alternative payment demonstration project
contract; and (2) a facility under contract is not subject to audits of
historical costs or revenues, or paybacks or retroactive adjustments based on
these costs or revenues, except audits, paybacks, or adjustments relating to
the cost report that is the basis for calculation of the first rate year under
the contract.
(b) A facility that is under contract with the commissioner
under this section is not subject to the moratorium on licensure or
certification of new nursing home beds in section 144A.071, unless the
project results in a net increase in bed capacity or involves relocation of
beds from one site to another. Contract
payment rates must not be adjusted to reflect any additional costs that a
nursing facility incurs as a result of a construction project undertaken under
this paragraph. In addition, as a
condition of entering into a contract under this section, a nursing facility
must agree that any future medical assistance payments for nursing facility
services will not reflect any additional costs attributable to the sale of a
nursing facility under this section and to construction undertaken under this
paragraph that otherwise would not be authorized under the moratorium in
section 144A.073. Nothing in this
section prevents a nursing facility participating in the alternative payment
demonstration project under this section from seeking approval of an exception
to the moratorium through the process established in section 144A.073, and
if approved the facility's rates shall be adjusted to reflect the cost of the
project. Nothing in this section
prevents a nursing facility participating in the alternative payment
demonstration project from seeking legislative approval of an exception to the
moratorium under section 144A.071, and, if enacted, the facility's rates
shall be adjusted to reflect the cost of the project.
(c) Notwithstanding section 256B.48, subdivision 6,
paragraphs (c), (d), and (e), and pursuant to any terms and conditions
contained in the facility's contract, a nursing facility that is under contract
with the commissioner under this section is in compliance with
section 256B.48, subdivision 6, paragraph (b), if the facility is
Medicare certified.
(d) Notwithstanding paragraph (a), if by April 1, 1996, the
health care financing administration has not approved a required waiver, or the
Centers for Medicare and Medicaid Services otherwise requires cost reports to
be filed prior to the waiver's approval, the commissioner shall require a cost
report for the rate year.
(e) A facility that is under contract with the commissioner
under this section shall be allowed to change therapy arrangements from an
unrelated vendor to a related vendor during the term of the contract. The commissioner may develop reasonable
requirements designed to prevent an increase in therapy utilization for
residents enrolled in the medical assistance program.
(f) Nursing facilities participating in the alternative
payment system demonstration project must either participate in the alternative
payment system quality improvement program established by the commissioner or
submit information on their own quality improvement process to the commissioner
for approval. Nursing facilities that
have had their own quality improvement process approved by the commissioner
must report results for at least one key area of quality improvement annually
to the commissioner.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 38. Minnesota Statutes 2002,
section 256B.5012, is amended by adding a subdivision to read:
Subd. 5. [RATE
INCREASE EFFECTIVE JUNE 1, 2003.] For rate periods beginning on or after
June 1, 2003, the commissioner shall increase the total operating payment rate
for each facility reimbursed under this section by $3 per day. The increase shall not be subject to any
annual percentage increase.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 39. Minnesota
Statutes 2002, section 256B.76, is amended to read:
256B.76 [PHYSICIAN AND DENTAL REIMBURSEMENT.]
(a) Effective for services rendered on or after October 1,
1992, the commissioner shall make payments for physician services as follows:
(1) payment for level one Centers for Medicare and Medicaid
Services' common procedural coding system codes titled "office and other
outpatient services," "preventive medicine new and established
patient," "delivery, antepartum, and postpartum care,"
"critical care," cesarean delivery and pharmacologic management
provided to psychiatric patients, and level three codes for enhanced services
for prenatal high risk, shall be paid at the lower of (i) submitted charges, or
(ii) 25 percent above the rate in effect on June 30, 1992. If the rate on any procedure code within
these categories is different than the rate that would have been paid under the
methodology in section 256B.74, subdivision 2, then the larger rate
shall be paid;
(2) payments for all other services shall be paid at the lower
of (i) submitted charges, or (ii) 15.4 percent above the rate in effect on June
30, 1992;
(3) all physician rates shall be converted from the 50th
percentile of 1982 to the 50th percentile of 1989, less the percent in
aggregate necessary to equal the above increases except that payment rates for
home health agency services shall be the rates in effect on September 30, 1992;
(4) effective for services rendered on or after January 1,
2000, payment rates for physician and professional services shall be increased
by three percent over the rates in effect on December 31, 1999, except for home
health agency and family planning agency services; and
(5) the increases in clause (4) shall be implemented January 1,
2000, for managed care.
(b) Effective for services rendered on or after October 1,
1992, the commissioner shall make payments for dental services as follows:
(1) dental services shall be paid at the lower of (i) submitted
charges, or (ii) 25 percent above the rate in effect on June 30, 1992;
(2) dental rates shall be converted from the 50th percentile of
1982 to the 50th percentile of 1989, less the percent in aggregate necessary to
equal the above increases;
(3) effective for services rendered on or after January 1,
2000, payment rates for dental services shall be increased by three percent
over the rates in effect on December 31, 1999;
(4) the commissioner shall award grants to community clinics or
other nonprofit community organizations, political subdivisions, professional
associations, or other organizations that demonstrate the ability to provide
dental services effectively to public program recipients. Grants may be used to fund the costs related
to coordinating access
for recipients, developing and implementing patient care criteria, upgrading or
establishing new facilities, acquiring furnishings or equipment, recruiting new
providers, or other development costs that will improve access to dental care
in a region. In awarding grants, the
commissioner shall give priority to applicants that plan to serve areas of the
state in which the number of dental providers is not currently sufficient to
meet the needs of recipients of public programs or uninsured individuals. The commissioner shall consider the
following in awarding the grants:
(i) potential to successfully increase access to an underserved
population;
(ii) the ability to raise matching funds;
(iii) the long-term viability of the project to improve access
beyond the period of initial funding;
(iv) the efficiency in the use of the funding; and
(v) the experience of the proposers in providing services to
the target population.
The commissioner shall monitor the grants and may terminate a
grant if the grantee does not increase dental access for public program
recipients. The commissioner shall
consider grants for the following:
(i) implementation of new programs or continued expansion of
current access programs that have demonstrated success in providing dental
services in underserved areas;
(ii) a pilot program for utilizing hygienists outside of a
traditional dental office to provide dental hygiene services; and
(iii) a program that organizes a network of volunteer dentists,
establishes a system to refer eligible individuals to volunteer dentists, and
through that network provides donated dental care services to public program
recipients or uninsured individuals;
(5) beginning October 1, 1999, the payment for tooth sealants
and fluoride treatments shall be the lower of (i) submitted charge, or (ii) 80
percent of median 1997 charges;
(6) the increases listed in clauses (3) and (5) shall be
implemented January 1, 2000, for managed care; and
(7) effective for services provided on or after January 1,
2002, payment for diagnostic examinations and dental x-rays provided to
children under age 21 shall be the lower of (i) the submitted charge, or (ii)
85 percent of median 1999 charges.
(c) Effective for dental services rendered on or after January
1, 2002, the commissioner may, within the limits of available appropriation,
increase reimbursements to dentists and dental clinics deemed by the
commissioner to be critical access dental providers. Reimbursement to a critical access dental provider may be
increased by not more than 50 percent above the reimbursement rate that would
otherwise be paid to the provider.
Payments to health plan companies shall be adjusted to reflect increased
reimbursements to critical access dental providers as approved by the
commissioner. In determining which
dentists and dental clinics shall be deemed critical access dental providers,
the commissioner shall review:
(1) the utilization rate in the service area in which the
dentist or dental clinic operates for dental services to patients covered by
medical assistance, general assistance medical care, or MinnesotaCare as their
primary source of coverage;
(2)
the level of services provided by the dentist or dental clinic to patients
covered by medical assistance, general assistance medical care, or
MinnesotaCare as their primary source of coverage; and
(3) whether the level of services provided by the dentist or
dental clinic is critical to maintaining adequate levels of patient access
within the service area.
In the absence of a critical
access dental provider in a service area, the commissioner may designate a
dentist or dental clinic as a critical access dental provider if the dentist or
dental clinic is willing to provide care to patients covered by medical
assistance, general assistance medical care, or MinnesotaCare at a level which
significantly increases access to dental care in the service area.
(d) Effective July 1, 2001, the medical assistance rates for
outpatient mental health services provided by an entity that operates:
(1) a Medicare-certified comprehensive outpatient
rehabilitation facility; and
(2) a facility that was certified prior to January 1, 1993,
with at least 33 percent of the clients receiving rehabilitation services in
the most recent calendar year who are medical assistance recipients, will be increased
by 38 percent, when those services are provided within the comprehensive
outpatient rehabilitation facility and provided to residents of nursing
facilities owned by the entity.
(e) An entity that operates both a Medicare certified
comprehensive outpatient rehabilitation facility and a facility which was
certified prior to January 1, 1993, that is licensed under Minnesota Rules,
parts 9570.2000 to 9570.3600, and for whom at least 33 percent of the clients
receiving rehabilitation services in the most recent calendar year are medical
assistance recipients, shall be reimbursed by the commissioner for
rehabilitation services at rates that are 38 percent greater than the maximum
reimbursement rate allowed under paragraph (a), clause (2), when those services
are (1) provided within the comprehensive outpatient rehabilitation facility
and (2) provided to residents of nursing facilities owned by the entity.
Sec. 40. Minnesota
Statutes 2002, section 256B.761, is amended to read:
256B.761 [REIMBURSEMENT FOR MENTAL HEALTH SERVICES.]
(a) Effective for services rendered on or after July 1,
2001, payment for medication management provided to psychiatric patients,
outpatient mental health services, day treatment services, home-based mental
health services, and family community support services shall be paid at the
lower of (1) submitted charges, or (2) 75.6 percent of the 50th percentile of
1999 charges.
(b) Effective July 1, 2001, the medical assistance rates for
outpatient mental health services provided by an entity that operates: (1) a Medicare-certified comprehensive
outpatient rehabilitation facility; and (2) a facility that was certified prior
to January 1, 1993, with at least 33 percent of the clients receiving
rehabilitation services in the most recent calendar year who are medical
assistance recipients, will be increased by 38 percent, when those services are
provided within the comprehensive outpatient rehabilitation facility and
provided to residents of nursing facilities owned by the entity.
Sec. 41. Minnesota
Statutes 2002, section 256D.03, subdivision 3a, is amended to
read:
Subd. 3a. [CLAIMS;
ASSIGNMENT OF BENEFITS.] Claims must be filed pursuant to
section 256D.16. General
assistance medical care applicants and recipients must apply or agree to apply
third party health and accident benefits to the costs of medical care. They must cooperate with the state in
establishing paternity and obtaining third party payments. By department of human services all
rights to medical support or payments for medical expenses from another person
or entity on their own or their dependent's behalf and agrees to cooperate with
the state in establishing paternity and obtaining third party payments. The application shall contain a statement
explaining the assignment. Any rights
or amounts assigned shall be applied against the cost of medical care paid for
under this chapter. An assignment is
effective on the date general assistance medical care eligibility takes
effect. signing an application for accepting
general assistance, a person assigns to the The assignment shall not
affect benefits paid or provided under automobile accident coverage and private
health care coverage until the person or organization providing the benefits
has received notice of the assignment.
Sec. 42. Minnesota
Statutes 2002, section 256I.02, is amended to read:
256I.02 [PURPOSE.]
The Group Residential Housing Act establishes a comprehensive
system of rates and payments for persons who reside in a group residence
the community and who meet the eligibility criteria under
section 256I.04, subdivision 1.
Sec. 43. Minnesota
Statutes 2002, section 256I.04, subdivision 3, is amended to
read:
Subd. 3. [MORATORIUM ON
THE DEVELOPMENT OF GROUP RESIDENTIAL HOUSING BEDS.] (a) County agencies shall
not enter into agreements for new group residential housing beds with total
rates in excess of the MSA equivalent rate except: (1) immediately prior to the month
of entry into the group residential housing setting. The group residential housing rate for these beds must be set so
that the monthly group residential housing payment for an individual occupying
the bed when combined with the nonfederal share of services delivered under the
waiver for that person does not exceed the nonfederal share of the monthly
medical assistance payment made for the person to the nursing facility in which
the person resided prior to entry into the group residential housing
establishment. The rate may not exceed
the MSA equivalent rate plus $426.37 for any case. for group residential housing establishments meeting the
requirements of subdivision 2a, clause (2) with department approval; (2)
for group residential housing establishments licensed under Minnesota Rules,
parts 9525.0215 to 9525.0355, provided the facility is needed to meet the
census reduction targets for persons with mental retardation or related
conditions at regional treatment centers; (3) (2) to ensure
compliance with the federal Omnibus Budget Reconciliation Act alternative
disposition plan requirements for inappropriately placed persons with mental
retardation or related conditions or mental illness; (4) (3) up
to 80 beds in a single, specialized facility located in Hennepin county that
will provide housing for chronic inebriates who are repetitive users of
detoxification centers and are refused placement in emergency shelters because
of their state of intoxication, and planning for the specialized facility must
have been initiated before July 1, 1991, in anticipation of receiving a grant from the housing finance agency under
section 462A.05, subdivision 20a, paragraph (b); (5) (4)
notwithstanding the provisions of subdivision 2a, for up to 190 supportive
housing units in Anoka, Dakota, Hennepin, or Ramsey county for homeless adults
with a mental illness, a history of substance abuse, or human immunodeficiency
virus or acquired immunodeficiency syndrome. For purposes of this section,
"homeless adult" means a person who is living on the street or in a
shelter or discharged from a regional treatment center, community hospital, or
residential treatment program and has no appropriate housing available and
lacks the resources and support necessary to access appropriate housing. At least 70 percent of the supportive
housing units must serve homeless adults with mental illness, substance abuse
problems, or human immunodeficiency virus or acquired immunodeficiency syndrome
who are about to be or, within the previous six months, has been discharged
from a regional treatment center, or a state-contracted psychiatric bed in a
community hospital, or a residential mental health or chemical dependency
treatment program. If a person meets
the requirements of subdivision 1, paragraph (a), and receives a federal
or state housing subsidy, the group residential housing rate for that person is
limited to the supplementary rate under section 256I.05,
subdivision 1a, and is determined by subtracting the amount of the
person's countable income that exceeds the MSA equivalent rate from the group
residential housing supplementary rate.
A resident in a demonstration project site who no longer participates in
the demonstration program shall retain eligibility for a group residential
housing payment in an amount determined under section 256I.06,
subdivision 8, using the MSA equivalent rate. Service funding under section 256I.05, subdivision 1a,
will end June 30, 1997, if federal matching funds are available and the
services can be provided through a managed care entity. If federal matching funds are not available,
then service funding will continue under section 256I.05, subdivision 1a;
or (6) for group residential housing beds in settings meeting the requirements
of subdivision 2a, clauses (1) and (3), which are used exclusively for
recipients receiving home and community-based waiver services under
sections 256B.0915, 256B.092,
subdivision 5, 256B.093, and 256B.49, and who resided in a nursing facility for
the six months
(b) A county agency may enter into a group residential housing
agreement for beds with rates in excess of the MSA equivalent rate in addition
to those currently covered under a group residential housing agreement if the
additional beds are only a replacement of beds with rates in excess of the MSA
equivalent rate which have been made available due to closure of a setting, a
change of licensure or certification which removes the beds from group
residential housing payment, or as a result of the downsizing of a group
residential housing setting. The
transfer of available beds from one county to another can only occur by the
agreement of both counties.
Sec. 44. Minnesota
Statutes 2002, section 256I.05, subdivision 1, is amended to
read:
Subdivision 1. [MAXIMUM
RATES.] (a) Monthly room and board rates negotiated by a county agency
for a recipient living in group residential housing must not exceed the MSA
equivalent rate specified under section 256I.03, subdivision 5,.
with the exception that a county agency may negotiate a supplementary room
and board rate that exceeds the MSA equivalent rate for recipients of waiver
services under title XIX of the Social Security Act. This exception is subject to the following conditions:
(1) the setting is licensed by the commissioner of human
services under Minnesota Rules, parts 9555.5050 to 9555.6265;
(2) the setting is not the primary residence of the license
holder and in which the license holder is not the primary caregiver; and
(3) the average supplementary room and board rate in a
county for a calendar year may not exceed the average supplementary room and
board rate for that county in effect on January 1, 2000. For calendar years beginning on or after
January 1, 2002, within the limits of appropriations specifically for this
purpose, the commissioner shall increase each county's supplemental room and
board rate average on an annual basis by a factor consisting of the percentage
change in the Consumer Price Index-All items, United States city average
(CPI-U) for that calendar year compared to the preceding calendar year as
forecasted by Data Resources, Inc., in the third quarter of the preceding
calendar year. If a county has not
negotiated supplementary room and board rates for any facilities located in the
county as of January 1, 2000, or has an average supplemental room and board
rate under $100 per person as of January 1, 2000, it may submit a supplementary
room and board rate request with budget information for a facility to the
commissioner for approval.
The county agency may at any
time negotiate a higher or lower room and board rate than the average
supplementary room and board rate.
(b) Notwithstanding paragraph (a), clause (3), county
agencies may negotiate a supplementary room and board rate that exceeds the MSA
equivalent rate by up to $426.37 for up to five facilities, serving not more
than 20 individuals in total, that were established to replace an intermediate
care facility for persons with mental retardation and related conditions
located in the city of Roseau that became uninhabitable due to flood damage in
June 2002.
[EFFECTIVE DATE.] This
section is effective July 1, 2004, or upon receipt of federal approval of
waiver amendment, whichever is later.
Sec.
45. Minnesota Statutes 2002,
section 256I.05, subdivision 1a, is amended to read:
Subd. 1a.
[SUPPLEMENTARY SERVICE RATES.] (a) Subject to the provisions of
section 256I.04, subdivision 3, in addition to the room and board
rate specified in subdivision 1, the county agency may negotiate a
payment not to exceed $426.37 for other services necessary to provide room and
board provided by the group residence if the residence is licensed by or
registered by the department of health, or licensed by the department of human
services to provide services in addition to room and board, and if the provider
of services is not also concurrently receiving funding for services for a
recipient under a home and community-based waiver under title XIX of the Social
Security Act; or funding from the medical assistance program under
section 256B.0627, subdivision 4, for personal care services for
residents in the setting; or residing in a setting which receives funding under
Minnesota Rules, parts 9535.2000 to 9535.3000.
If funding is available for other necessary services through a home and
community-based waiver, or personal care services under section 256B.0627,
subdivision 4, then the GRH rate is limited to the rate set in
subdivision 1. Unless otherwise
provided in law, in no case may the supplementary service rate plus the
supplementary room and board rate exceed $426.37. The registration and licensure requirement does not apply to
establishments which are exempt from state licensure because they are located
on Indian reservations and for which the tribe has prescribed health and safety
requirements. Service payments under this section may be prohibited under rules
to prevent the supplanting of federal funds with state funds. The commissioner shall pursue the
feasibility of obtaining the approval of the Secretary of Health and Human
Services to provide home and community-based waiver services under title XIX of
the Social Security Act for residents who are not eligible for an existing home
and community-based waiver due to a primary diagnosis of mental illness or
chemical dependency and shall apply for a waiver if it is determined to be
cost-effective.
(b) The commissioner is authorized to make cost-neutral transfers from the GRH fund for beds under this section to other funding programs administered by the department after consultation with the county or counties in which the affected beds are located. The commissioner may also make cost-neutral transfers from the GRH fund to county human service agencies for beds permanently removed from the GRH census under a plan submitted by the county agency and approved by the commissioner. The commissioner shall report the amount of any transfers under this provision annual