Bill Text: MN HF2749 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Adult mental health case management services county share eliminated.
Sponsorship: Slight Partisan Bill (Democrat 5-3)
Status: (Introduced - Dead) 2014-03-17 - Author added Moran [HF2749 Detail]
Download: Minnesota-2013-HF2749-Introduced.html
1.2relating to human services; eliminating the county share for certain adult
1.3mental health case management services;amending Minnesota Statutes 2013
1.4Supplement, section 256B.06, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2013 Supplement, section 256B.06, subdivision 4, is
1.7amended to read:
1.8 Subd. 4. Citizenship requirements. (a) Eligibility for medical assistance is limited
1.9to citizens of the United States, qualified noncitizens as defined in this subdivision, and
1.10other persons residing lawfully in the United States. Citizens or nationals of the United
1.11States must cooperate in obtaining satisfactory documentary evidence of citizenship or
1.12nationality according to the requirements of the federal Deficit Reduction Act of 2005,
1.13Public Law 109-171.
1.14(b) "Qualified noncitizen" means a person who meets one of the following
1.15immigration criteria:
1.16(1) admitted for lawful permanent residence according to United States Code, title 8;
1.17(2) admitted to the United States as a refugee according to United States Code,
1.18title 8, section 1157;
1.19(3) granted asylum according to United States Code, title 8, section 1158;
1.20(4) granted withholding of deportation according to United States Code, title 8,
1.21section 1253(h);
1.22(5) paroled for a period of at least one year according to United States Code, title 8,
1.23section 1182(d)(5);
2.1(6) granted conditional entrant status according to United States Code, title 8,
2.2section 1153(a)(7);
2.3(7) determined to be a battered noncitizen by the United States Attorney General
2.4according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
2.5title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
2.6(8) is a child of a noncitizen determined to be a battered noncitizen by the United
2.7States Attorney General according to the Illegal Immigration Reform and Immigrant
2.8Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill,
2.9Public Law 104-200; or
2.10(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public
2.11Law 96-422, the Refugee Education Assistance Act of 1980.
2.12(c) All qualified noncitizens who were residing in the United States before August
2.1322, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for
2.14medical assistance with federal financial participation.
2.15(d) Beginning December 1, 1996, qualified noncitizens who entered the United
2.16States on or after August 22, 1996, and who otherwise meet the eligibility requirements
2.17of this chapter are eligible for medical assistance with federal participation for five years
2.18if they meet one of the following criteria:
2.19(1) refugees admitted to the United States according to United States Code, title 8,
2.20section 1157;
2.21(2) persons granted asylum according to United States Code, title 8, section 1158;
2.22(3) persons granted withholding of deportation according to United States Code,
2.23title 8, section 1253(h);
2.24(4) veterans of the United States armed forces with an honorable discharge for
2.25a reason other than noncitizen status, their spouses and unmarried minor dependent
2.26children; or
2.27(5) persons on active duty in the United States armed forces, other than for training,
2.28their spouses and unmarried minor dependent children.
2.29 Beginning July 1, 2010, children and pregnant women who are noncitizens
2.30described in paragraph (b) or who are lawfully present in the United States as defined
2.31in Code of Federal Regulations, title 8, section 103.12, and who otherwise meet
2.32eligibility requirements of this chapter, are eligible for medical assistance with federal
2.33financial participation as provided by the federal Children's Health Insurance Program
2.34Reauthorization Act of 2009, Public Law 111-3.
2.35(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter
2.36are eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this
3.1subdivision, a "nonimmigrant" is a person in one of the classes listed in United States
3.2Code, title 8, section 1101(a)(15).
3.3(f) Payment shall also be made for care and services that are furnished to noncitizens,
3.4regardless of immigration status, who otherwise meet the eligibility requirements of
3.5this chapter, if such care and services are necessary for the treatment of an emergency
3.6medical condition.
3.7(g) For purposes of this subdivision, the term "emergency medical condition" means
3.8a medical condition that meets the requirements of United States Code, title 42, section
3.91396b(v).
3.10(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment
3.11of an emergency medical condition are limited to the following:
3.12(i) services delivered in an emergency room or by an ambulance service licensed
3.13under chapter 144E that are directly related to the treatment of an emergency medical
3.14condition;
3.15(ii) services delivered in an inpatient hospital setting following admission from an
3.16emergency room or clinic for an acute emergency condition; and
3.17(iii) follow-up services that are directly related to the original service provided
3.18to treat the emergency medical condition and are covered by the global payment made
3.19to the provider.
3.20 (2) Services for the treatment of emergency medical conditions do not include:
3.21(i) services delivered in an emergency room or inpatient setting to treat a
3.22nonemergency condition;
3.23(ii) organ transplants, stem cell transplants, and related care;
3.24(iii) services for routine prenatal care;
3.25(iv) continuing care, including long-term care, nursing facility services, home health
3.26care, adult day care, day training, or supportive living services;
3.27(v) elective surgery;
3.28(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as
3.29part of an emergency room visit;
3.30(vii) preventative health care and family planning services;
3.31(viii) rehabilitation services;
3.32(ix) physical, occupational, or speech therapy;
3.33(x) transportation services;
3.34(xi) case management;
3.35(xii) prosthetics, orthotics, durable medical equipment, or medical supplies;
3.36(xiii) dental services;
4.1(xiv) hospice care;
4.2(xv) audiology services and hearing aids;
4.3(xvi) podiatry services;
4.4(xvii) chiropractic services;
4.5(xviii) immunizations;
4.6(xix) vision services and eyeglasses;
4.7(xx) waiver services;
4.8(xxi) individualized education programs; or
4.9(xxii) chemical dependency treatment.
4.10(i) Pregnant noncitizens who are ineligible for federally funded medical assistance
4.11because of immigration status, are not covered by a group health plan or health insurance
4.12coverage according to Code of Federal Regulations, title 42, section 457.310, and who
4.13otherwise meet the eligibility requirements of this chapter, are eligible for medical
4.14assistance through the period of pregnancy, including labor and delivery, and 60 days
4.15postpartum, to the extent federal funds are available under title XXI of the Social Security
4.16Act, and the state children's health insurance program.
4.17(j) Beginning October 1, 2003, persons who are receiving care and rehabilitation
4.18services from a nonprofit center established to serve victims of torture and are otherwise
4.19ineligible for medical assistance under this chapter are eligible for medical assistance
4.20without federal financial participation. These individuals are eligible only for the period
4.21during which they are receiving services from the center. Individuals eligible under this
4.22paragraph shall not be required to participate in prepaid medical assistance. Beginning
4.23July 1, 2014, the requirement that counties bear financial responsibility for the nonfederal
4.24share of costs, as provided in section 256B.0924, subdivision 6, paragraph (e), shall not
4.25apply to adult mental health targeted case management services provided by a nonprofit
4.26center established to serve victims of torture.
4.27(k) Notwithstanding paragraph (h), clause (2), the following services are covered as
4.28emergency medical conditions under paragraph (f) except where coverage is prohibited
4.29under federal law:
4.30(1) dialysis services provided in a hospital or freestanding dialysis facility; and
4.31(2) surgery and the administration of chemotherapy, radiation, and related services
4.32necessary to treat cancer if the recipient has a cancer diagnosis that is not in remission
4.33and requires surgery, chemotherapy, or radiation treatment.
4.34(l) Effective July 1, 2013, recipients of emergency medical assistance under this
4.35subdivision are eligible for coverage of the elderly waiver services provided under section
4.36256B.0915
, and coverage of rehabilitative services provided in a nursing facility. The
5.1age limit for elderly waiver services does not apply. In order to qualify for coverage, a
5.2recipient of emergency medical assistance is subject to the assessment and reassessment
5.3requirements of section256B.0911 . Initial and continued enrollment under this paragraph
5.4is subject to the limits of available funding.
1.3mental health case management services;amending Minnesota Statutes 2013
1.4Supplement, section 256B.06, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2013 Supplement, section 256B.06, subdivision 4, is
1.7amended to read:
1.8 Subd. 4. Citizenship requirements. (a) Eligibility for medical assistance is limited
1.9to citizens of the United States, qualified noncitizens as defined in this subdivision, and
1.10other persons residing lawfully in the United States. Citizens or nationals of the United
1.11States must cooperate in obtaining satisfactory documentary evidence of citizenship or
1.12nationality according to the requirements of the federal Deficit Reduction Act of 2005,
1.13Public Law 109-171.
1.14(b) "Qualified noncitizen" means a person who meets one of the following
1.15immigration criteria:
1.16(1) admitted for lawful permanent residence according to United States Code, title 8;
1.17(2) admitted to the United States as a refugee according to United States Code,
1.18title 8, section 1157;
1.19(3) granted asylum according to United States Code, title 8, section 1158;
1.20(4) granted withholding of deportation according to United States Code, title 8,
1.21section 1253(h);
1.22(5) paroled for a period of at least one year according to United States Code, title 8,
1.23section 1182(d)(5);
2.1(6) granted conditional entrant status according to United States Code, title 8,
2.2section 1153(a)(7);
2.3(7) determined to be a battered noncitizen by the United States Attorney General
2.4according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
2.5title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
2.6(8) is a child of a noncitizen determined to be a battered noncitizen by the United
2.7States Attorney General according to the Illegal Immigration Reform and Immigrant
2.8Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill,
2.9Public Law 104-200; or
2.10(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public
2.11Law 96-422, the Refugee Education Assistance Act of 1980.
2.12(c) All qualified noncitizens who were residing in the United States before August
2.1322, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for
2.14medical assistance with federal financial participation.
2.15(d) Beginning December 1, 1996, qualified noncitizens who entered the United
2.16States on or after August 22, 1996, and who otherwise meet the eligibility requirements
2.17of this chapter are eligible for medical assistance with federal participation for five years
2.18if they meet one of the following criteria:
2.19(1) refugees admitted to the United States according to United States Code, title 8,
2.20section 1157;
2.21(2) persons granted asylum according to United States Code, title 8, section 1158;
2.22(3) persons granted withholding of deportation according to United States Code,
2.23title 8, section 1253(h);
2.24(4) veterans of the United States armed forces with an honorable discharge for
2.25a reason other than noncitizen status, their spouses and unmarried minor dependent
2.26children; or
2.27(5) persons on active duty in the United States armed forces, other than for training,
2.28their spouses and unmarried minor dependent children.
2.29 Beginning July 1, 2010, children and pregnant women who are noncitizens
2.30described in paragraph (b) or who are lawfully present in the United States as defined
2.31in Code of Federal Regulations, title 8, section 103.12, and who otherwise meet
2.32eligibility requirements of this chapter, are eligible for medical assistance with federal
2.33financial participation as provided by the federal Children's Health Insurance Program
2.34Reauthorization Act of 2009, Public Law 111-3.
2.35(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter
2.36are eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this
3.1subdivision, a "nonimmigrant" is a person in one of the classes listed in United States
3.2Code, title 8, section 1101(a)(15).
3.3(f) Payment shall also be made for care and services that are furnished to noncitizens,
3.4regardless of immigration status, who otherwise meet the eligibility requirements of
3.5this chapter, if such care and services are necessary for the treatment of an emergency
3.6medical condition.
3.7(g) For purposes of this subdivision, the term "emergency medical condition" means
3.8a medical condition that meets the requirements of United States Code, title 42, section
3.91396b(v).
3.10(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment
3.11of an emergency medical condition are limited to the following:
3.12(i) services delivered in an emergency room or by an ambulance service licensed
3.13under chapter 144E that are directly related to the treatment of an emergency medical
3.14condition;
3.15(ii) services delivered in an inpatient hospital setting following admission from an
3.16emergency room or clinic for an acute emergency condition; and
3.17(iii) follow-up services that are directly related to the original service provided
3.18to treat the emergency medical condition and are covered by the global payment made
3.19to the provider.
3.20 (2) Services for the treatment of emergency medical conditions do not include:
3.21(i) services delivered in an emergency room or inpatient setting to treat a
3.22nonemergency condition;
3.23(ii) organ transplants, stem cell transplants, and related care;
3.24(iii) services for routine prenatal care;
3.25(iv) continuing care, including long-term care, nursing facility services, home health
3.26care, adult day care, day training, or supportive living services;
3.27(v) elective surgery;
3.28(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as
3.29part of an emergency room visit;
3.30(vii) preventative health care and family planning services;
3.31(viii) rehabilitation services;
3.32(ix) physical, occupational, or speech therapy;
3.33(x) transportation services;
3.34(xi) case management;
3.35(xii) prosthetics, orthotics, durable medical equipment, or medical supplies;
3.36(xiii) dental services;
4.1(xiv) hospice care;
4.2(xv) audiology services and hearing aids;
4.3(xvi) podiatry services;
4.4(xvii) chiropractic services;
4.5(xviii) immunizations;
4.6(xix) vision services and eyeglasses;
4.7(xx) waiver services;
4.8(xxi) individualized education programs; or
4.9(xxii) chemical dependency treatment.
4.10(i) Pregnant noncitizens who are ineligible for federally funded medical assistance
4.11because of immigration status, are not covered by a group health plan or health insurance
4.12coverage according to Code of Federal Regulations, title 42, section 457.310, and who
4.13otherwise meet the eligibility requirements of this chapter, are eligible for medical
4.14assistance through the period of pregnancy, including labor and delivery, and 60 days
4.15postpartum, to the extent federal funds are available under title XXI of the Social Security
4.16Act, and the state children's health insurance program.
4.17(j) Beginning October 1, 2003, persons who are receiving care and rehabilitation
4.18services from a nonprofit center established to serve victims of torture and are otherwise
4.19ineligible for medical assistance under this chapter are eligible for medical assistance
4.20without federal financial participation. These individuals are eligible only for the period
4.21during which they are receiving services from the center. Individuals eligible under this
4.22paragraph shall not be required to participate in prepaid medical assistance. Beginning
4.23July 1, 2014, the requirement that counties bear financial responsibility for the nonfederal
4.24share of costs, as provided in section 256B.0924, subdivision 6, paragraph (e), shall not
4.25apply to adult mental health targeted case management services provided by a nonprofit
4.26center established to serve victims of torture.
4.27(k) Notwithstanding paragraph (h), clause (2), the following services are covered as
4.28emergency medical conditions under paragraph (f) except where coverage is prohibited
4.29under federal law:
4.30(1) dialysis services provided in a hospital or freestanding dialysis facility; and
4.31(2) surgery and the administration of chemotherapy, radiation, and related services
4.32necessary to treat cancer if the recipient has a cancer diagnosis that is not in remission
4.33and requires surgery, chemotherapy, or radiation treatment.
4.34(l) Effective July 1, 2013, recipients of emergency medical assistance under this
4.35subdivision are eligible for coverage of the elderly waiver services provided under section
5.1age limit for elderly waiver services does not apply. In order to qualify for coverage, a
5.2recipient of emergency medical assistance is subject to the assessment and reassessment
5.3requirements of section
5.4is subject to the limits of available funding.
