1.1.................... moves to amend H.F. No. 1233, the delete everything amendment
1.2(A13-0408), as follows:
1.3Page 1, after line 19, insert:
1.4 "Sec. 2. Minnesota Statutes 2012, section 252.27, subdivision 2a, is amended to read:
1.5 Subd. 2a.
Contribution amount. (a) The natural or adoptive parents of a minor
1.6child, including a child determined eligible for medical assistance without consideration of
1.7parental income, must contribute to the cost of services used by making monthly payments
1.8on a sliding scale based on income, unless the child is married or has been married, parental
1.9rights have been terminated, or the child's adoption is subsidized according to section
1.10259.67
or through title IV-E of the Social Security Act. The parental contribution is a partial
1.11or full payment for medical services provided for diagnostic, therapeutic, curing, treating,
1.12mitigating, rehabilitation, maintenance, and personal care services as defined in United
1.13States Code, title 26, section 213, needed by the child with a chronic illness or disability.
1.14 (b) For households with adjusted gross income equal to or greater than
100 275
1.15 percent of federal poverty guidelines, the parental contribution shall be computed by
1.16applying the following schedule of rates to the adjusted gross income of the natural or
1.17adoptive parents:
1.18 (1) if the adjusted gross income is equal to or greater than 100 percent of federal
1.19poverty guidelines and less than 175 percent of federal poverty guidelines, the parental
1.20contribution is $4 per month;
1.21 (2) (1) if the adjusted gross income is equal to or greater than
175 275 percent
1.22of federal poverty guidelines and less than or equal to 545 percent of federal poverty
1.23guidelines, the parental contribution shall be determined using a sliding fee scale
1.24established by the commissioner of human services which begins at
one 2.76 percent of
1.25adjusted gross income at
175 275 percent of federal poverty guidelines and increases to
1.267.5 percent of adjusted gross income for those with adjusted gross income up to 545
1.27percent of federal poverty guidelines;
2.1 (3) (2) if the adjusted gross income is greater than 545 percent of federal poverty
2.2guidelines and less than 675 percent of federal poverty guidelines, the parental
2.3contribution shall be 7.5 percent of adjusted gross income;
2.4 (4) (3) if the adjusted gross income is equal to or greater than 675 percent of federal
2.5poverty guidelines and less than 975 percent of federal poverty guidelines, the parental
2.6contribution shall be determined using a sliding fee scale established by the commissioner
2.7of human services which begins at 7.5 percent of adjusted gross income at 675 percent of
2.8federal poverty guidelines and increases to ten percent of adjusted gross income for those
2.9with adjusted gross income up to 975 percent of federal poverty guidelines; and
2.10 (5) (4) if the adjusted gross income is equal to or greater than 975 percent of federal
2.11poverty guidelines, the parental contribution shall be 12.5 percent of adjusted gross income.
2.12 If the child lives with the parent, the annual adjusted gross income is reduced by
2.13$2,400 prior to calculating the parental contribution. If the child resides in an institution
2.14specified in section
256B.35, the parent is responsible for the personal needs allowance
2.15specified under that section in addition to the parental contribution determined under this
2.16section. The parental contribution is reduced by any amount required to be paid directly to
2.17the child pursuant to a court order, but only if actually paid.
2.18 (c) The household size to be used in determining the amount of contribution under
2.19paragraph (b) includes natural and adoptive parents and their dependents, including the
2.20child receiving services. Adjustments in the contribution amount due to annual changes
2.21in the federal poverty guidelines shall be implemented on the first day of July following
2.22publication of the changes.
2.23 (d) For purposes of paragraph (b), "income" means the adjusted gross income of the
2.24natural or adoptive parents determined according to the previous year's federal tax form,
2.25except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds
2.26have been used to purchase a home shall not be counted as income.
2.27 (e) The contribution shall be explained in writing to the parents at the time eligibility
2.28for services is being determined. The contribution shall be made on a monthly basis
2.29effective with the first month in which the child receives services. Annually upon
2.30redetermination or at termination of eligibility, if the contribution exceeded the cost of
2.31services provided, the local agency or the state shall reimburse that excess amount to
2.32the parents, either by direct reimbursement if the parent is no longer required to pay a
2.33contribution, or by a reduction in or waiver of parental fees until the excess amount is
2.34exhausted. All reimbursements must include a notice that the amount reimbursed may be
2.35taxable income if the parent paid for the parent's fees through an employer's health care
3.1flexible spending account under the Internal Revenue Code, section 125, and that the
3.2parent is responsible for paying the taxes owed on the amount reimbursed.
3.3 (f) The monthly contribution amount must be reviewed at least every 12 months;
3.4when there is a change in household size; and when there is a loss of or gain in income
3.5from one month to another in excess of ten percent. The local agency shall mail a written
3.6notice 30 days in advance of the effective date of a change in the contribution amount.
3.7A decrease in the contribution amount is effective in the month that the parent verifies a
3.8reduction in income or change in household size.
3.9 (g) Parents of a minor child who do not live with each other shall each pay the
3.10contribution required under paragraph (a). An amount equal to the annual court-ordered
3.11child support payment actually paid on behalf of the child receiving services shall be
3.12deducted from the adjusted gross income of the parent making the payment prior to
3.13calculating the parental contribution under paragraph (b).
3.14 (h) The contribution under paragraph (b) shall be increased by an additional five
3.15percent if the local agency determines that insurance coverage is available but not
3.16obtained for the child. For purposes of this section, "available" means the insurance is a
3.17benefit of employment for a family member at an annual cost of no more than five percent
3.18of the family's annual income. For purposes of this section, "insurance" means health
3.19and accident insurance coverage, enrollment in a nonprofit health service plan, health
3.20maintenance organization, self-insured plan, or preferred provider organization.
3.21 Parents who have more than one child receiving services shall not be required
3.22to pay more than the amount for the child with the highest expenditures. There shall
3.23be no resource contribution from the parents. The parent shall not be required to pay
3.24a contribution in excess of the cost of the services provided to the child, not counting
3.25payments made to school districts for education-related services. Notice of an increase in
3.26fee payment must be given at least 30 days before the increased fee is due.
3.27 (i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if,
3.28in the 12 months prior to July 1:
3.29 (1) the parent applied for insurance for the child;
3.30 (2) the insurer denied insurance;
3.31 (3) the parents submitted a complaint or appeal, in writing to the insurer, submitted
3.32a complaint or appeal, in writing, to the commissioner of health or the commissioner of
3.33commerce, or litigated the complaint or appeal; and
3.34 (4) as a result of the dispute, the insurer reversed its decision and granted insurance.
3.35 For purposes of this section, "insurance" has the meaning given in paragraph (h).
4.1 A parent who has requested a reduction in the contribution amount under this
4.2paragraph shall submit proof in the form and manner prescribed by the commissioner or
4.3county agency, including, but not limited to, the insurer's denial of insurance, the written
4.4letter or complaint of the parents, court documents, and the written response of the insurer
4.5approving insurance. The determinations of the commissioner or county agency under this
4.6paragraph are not rules subject to chapter 14.
4.7(j) Notwithstanding paragraph (b), for the period from July 1, 2010, to June 30,
4.82015, the parental contribution shall be computed by applying the following contribution
4.9schedule to the adjusted gross income of the natural or adoptive parents:
4.10(1) if the adjusted gross income is equal to or greater than 100 percent of federal
4.11poverty guidelines and less than 175 percent of federal poverty guidelines, the parental
4.12contribution is $4 per month;
4.13(2) (1) if the adjusted gross income is equal to or greater than
175 275 percent
4.14of federal poverty guidelines and less than or equal to 525 percent of federal poverty
4.15guidelines, the parental contribution shall be determined using a sliding fee scale
4.16established by the commissioner of human services which begins at
one 2.76 percent of
4.17adjusted gross income at
175 275 percent of federal poverty guidelines and increases to
4.18eight percent of adjusted gross income for those with adjusted gross income up to 525
4.19percent of federal poverty guidelines;
4.20(3) (2) if the adjusted gross income is greater than 525 percent of federal poverty
4.21guidelines and less than 675 percent of federal poverty guidelines, the parental
4.22contribution shall be 9.5 percent of adjusted gross income;
4.23(4) (3) if the adjusted gross income is equal to or greater than 675 percent of federal
4.24poverty guidelines and less than 900 percent of federal poverty guidelines, the parental
4.25contribution shall be determined using a sliding fee scale established by the commissioner
4.26of human services which begins at 9.5 percent of adjusted gross income at 675 percent of
4.27federal poverty guidelines and increases to 12 percent of adjusted gross income for those
4.28with adjusted gross income up to 900 percent of federal poverty guidelines; and
4.29(5) (4) if the adjusted gross income is equal to or greater than 900 percent of federal
4.30poverty guidelines, the parental contribution shall be 13.5 percent of adjusted gross
4.31income. If the child lives with the parent, the annual adjusted gross income is reduced by
4.32$2,400 prior to calculating the parental contribution. If the child resides in an institution
4.33specified in section
256B.35, the parent is responsible for the personal needs allowance
4.34specified under that section in addition to the parental contribution determined under this
4.35section. The parental contribution is reduced by any amount required to be paid directly to
4.36the child pursuant to a court order, but only if actually paid.
5.1EFFECTIVE DATE.This section is effective June 30, 2013."
5.2Renumber the sections in sequence and correct the internal references
5.3Amend the title accordingly