Bill Text: MN SF5 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Medical assistance (MA) eligibility modification; federal Affordable Care Act (ACA) definition and application; appropriation
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-02-13 - HF substituted on General Orders HF9 [SF5 Detail]
Download: Minnesota-2013-SF5-Engrossed.html
1.2relating to human services; expanding medical assistance eligibility; requiring
1.3the use of modified adjusted gross income and a standard income disregard;
1.4amending Minnesota Statutes 2012, sections 256B.02, by adding a subdivision;
1.5256B.055, by adding a subdivision; 256B.056, subdivisions 1a, 3c, 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 256B.02, is amended by adding a
1.8subdivision to read:
1.9 Subd. 17. Affordable Care Act or ACA. "Affordable Care Act" or "ACA" means
1.10Public Law 111-148, as amended by the federal Health Care and Education Reconciliation
1.11Act of 2010 (Public Law 111-152), and any amendments to, or regulations or guidance
1.12issued under, those acts.
1.13EFFECTIVE DATE.This section is effective January 1, 2014.
1.14 Sec. 2. Minnesota Statutes 2012, section 256B.055, is amended by adding a
1.15subdivision to read:
1.16 Subd. 16. Children ages 19 and 20. Medical assistance may be paid for children
1.17who are 19 to 20 years of age.
1.18EFFECTIVE DATE.This section is effective January 1, 2014.
1.19 Sec. 3. Minnesota Statutes 2012, section 256B.056, subdivision 1a, is amended to read:
1.20 Subd. 1a. Income and assets generally. (a)(1) Unless specifically required by
1.21state law or rule or federal law or regulation, the methodologies used in counting income
1.22and assets to determine eligibility for medical assistance for persons whose eligibility
2.1category is based on blindness, disability, or age of 65 or more years, the methodologies
2.2for the supplemental security income program shall be used, except as provided under
2.3subdivision 3, paragraph (a), clause (6).
2.4(2) Increases in benefits under title II of the Social Security Act shall not be counted
2.5as income for purposes of this subdivision until July 1 of each year. Effective upon federal
2.6approval, for children eligible under section256B.055, subdivision 12 , or for home and
2.7community-based waiver services whose eligibility for medical assistance is determined
2.8without regard to parental income, child support payments, including any payments
2.9made by an obligor in satisfaction of or in addition to a temporary or permanent order
2.10for child support, and Social Security payments are not counted as income.For families
2.11and children, which includes all other eligibility categories, the methodologies under the
2.12state's AFDC plan in effect as of July 16, 1996, as required by the Personal Responsibility
2.13and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193,
2.14shall be used, except that effective October 1, 2003, the earned income disregards and
2.15deductions are limited to those in subdivision 1c.
2.16(b)(1) The modified adjusted gross income methodology as defined in the Affordable
2.17Care Act shall be used for eligibility categories based on:
2.18(i) children under age 19 and their parents and relative caretakers as defined in
2.19section 256B.055, subdivision 3a;
2.20(ii) children ages 19 to 20 as defined in section 256B.055, subdivision 16;
2.21(iii) pregnant women as defined in section 256B.055, subdivision 6;
2.22(iv) infants as defined in sections 256B.055, subdivision 10, and 256B.057,
2.23subdivision 8; and
2.24(v) adults without children as defined in section 256B.055, subdivision 15.
2.25 For these purposes, a "methodology" does not include an asset or income standard,
2.26or accounting method, or method of determining effective dates.
2.27(2) For individuals whose income eligibility is determined using the modified
2.28adjusted gross income methodology in clause (1), the commissioner shall subtract from
2.29the individual's modified adjusted gross income an amount equivalent to five percent
2.30of the federal poverty guidelines.
2.31EFFECTIVE DATE.This section is effective January 1, 2014.
2.32 Sec. 4. Minnesota Statutes 2012, section 256B.056, subdivision 3c, is amended to read:
2.33 Subd. 3c. Asset limitations for families and children. (a) A household of two or
2.34more persons must not own more than $20,000 in total net assets, and a household of one
2.35person must not own more than $10,000 in total net assets. In addition to these maximum
3.1amounts, an eligible individual or family may accrue interest on these amounts, but they
3.2must be reduced to the maximum at the time of an eligibility redetermination. The value of
3.3assets that are not considered in determining eligibility for medical assistance for families
3.4and children is the value of those assets excluded under the AFDC state plan as of July 16,
3.51996, as required by the Personal Responsibility and Work Opportunity Reconciliation
3.6Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:
3.7(1) household goods and personal effects are not considered;
3.8(2) capital and operating assets of a trade or business up to $200,000 are not
3.9considered, except that a bank account that contains personal income or assets, or is used to
3.10pay personal expenses, is not considered a capital or operating asset of a trade or business;
3.11(3) one motor vehicle is excluded for each person of legal driving age who is
3.12employed or seeking employment;
3.13(4) assets designated as burial expenses are excluded to the same extent they are
3.14excluded by the Supplemental Security Income program;
3.15(5) court-ordered settlements up to $10,000 are not considered;
3.16(6) individual retirement accounts and funds are not considered;
3.17(7) assets owned by children are not considered; and
3.18(8) effective July 1, 2009, certain assets owned by American Indians are excluded as
3.19required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
3.20Law 111-5. For purposes of this clause, an American Indian is any person who meets the
3.21definition of Indian according to Code of Federal Regulations, title 42, section447.50 .
3.22The assets specified in clause (2) must be disclosed to the local agency at the time of
3.23application and at the time of an eligibility redetermination, and must be verified upon
3.24request of the local agency.
3.25(b) Beginning January 1, 2014, this subdivision applies only to parents and caretaker
3.26relatives who qualify for medical assistance under subdivision 5.
3.27EFFECTIVE DATE.This section is effective January 1, 2014.
3.28 Sec. 5. Minnesota Statutes 2012, section 256B.056, subdivision 4, is amended to read:
3.29 Subd. 4. Income. (a) To be eligible for medical assistance, a person eligible under
3.30section256B.055, subdivisions 7, 7a, and 12 , may have income up to 100 percent of
3.31the federal poverty guidelines. Effective January 1, 2000, and each successive January,
3.32recipients of supplemental security income may have an income up to the supplemental
3.33security income standard in effect on that date.
4.1(b) To be eligible for medical assistance, families and children may have an income
4.2up to 133-1/3 percent of the AFDC income standard in effect under the July 16, 1996,
4.3AFDC state plan. Effective July 1, 2000, the base AFDC standard in effect on July 16,
4.41996, shall be increased by three percent.
4.5(c) EffectiveJuly 1, 2002 January 1, 2014, to be eligible for medical assistance,
4.6families and children under section 256B.055, subdivision 3a, a parent or caretaker
4.7relative may have an income up to100 133 percent of the federal poverty guidelines for
4.8thefamily household size.
4.9(d) To be eligible for medical assistance under section256B.055, subdivision 15 ,
4.10a person may have an income up to75 133 percent of federal poverty guidelines for
4.11thefamily household size.
4.12(e)In computing income to determine eligibility of persons under paragraphs (a) to
4.13(d) who are not residents of long-term care facilities, the commissioner shall disregard
4.14increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509.
4.15Veterans aid and attendance benefits and Veterans Administration unusual medical
4.16expense payments are considered income to the recipient To be eligible for medical
4.17assistance under section 256B.055, subdivision 16, a child may have an income up to 133
4.18percent of the federal poverty guidelines for the household size.
4.19(f) In computing income to determine eligibility of persons under paragraphs (a) to
4.20(e) who are not residents of long-term care facilities, the commissioner shall disregard
4.21increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509.
4.22For persons eligible under paragraph (a), veteran aid and attendance benefits and Veterans
4.23Administration unusual medical expense payments are considered income to the recipient.
4.24EFFECTIVE DATE.This section is effective January 1, 2014.
4.25 Sec. 6. TRANSFER.
4.26The commissioner of management and budget shall transfer from the health care
4.27access fund to the general fund up to $21,319,000 in fiscal year 2014; up to $42,314,000
4.28in fiscal year 2015; up to $56,147,000 in fiscal year 2016; and up to $64,683,000 in fiscal
4.29year 2017, to pay the medical assistance costs for persons eligible for medical assistance
4.30as a result of the January 1, 2014, expansion of medical assistance eligibility in this act
4.31who were or would have been eligible for MinnesotaCare as of December 31, 2013.
1.3the use of modified adjusted gross income and a standard income disregard;
1.4amending Minnesota Statutes 2012, sections 256B.02, by adding a subdivision;
1.5256B.055, by adding a subdivision; 256B.056, subdivisions 1a, 3c, 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 256B.02, is amended by adding a
1.8subdivision to read:
1.9 Subd. 17. Affordable Care Act or ACA. "Affordable Care Act" or "ACA" means
1.10Public Law 111-148, as amended by the federal Health Care and Education Reconciliation
1.11Act of 2010 (Public Law 111-152), and any amendments to, or regulations or guidance
1.12issued under, those acts.
1.13EFFECTIVE DATE.This section is effective January 1, 2014.
1.14 Sec. 2. Minnesota Statutes 2012, section 256B.055, is amended by adding a
1.15subdivision to read:
1.16 Subd. 16. Children ages 19 and 20. Medical assistance may be paid for children
1.17who are 19 to 20 years of age.
1.18EFFECTIVE DATE.This section is effective January 1, 2014.
1.19 Sec. 3. Minnesota Statutes 2012, section 256B.056, subdivision 1a, is amended to read:
1.20 Subd. 1a. Income and assets generally. (a)(1) Unless specifically required by
1.21state law or rule or federal law or regulation, the methodologies used in counting income
1.22and assets to determine eligibility for medical assistance for persons whose eligibility
2.1category is based on blindness, disability, or age of 65 or more years, the methodologies
2.2for the supplemental security income program shall be used, except as provided under
2.3subdivision 3, paragraph (a), clause (6).
2.4(2) Increases in benefits under title II of the Social Security Act shall not be counted
2.5as income for purposes of this subdivision until July 1 of each year. Effective upon federal
2.6approval, for children eligible under section
2.7community-based waiver services whose eligibility for medical assistance is determined
2.8without regard to parental income, child support payments, including any payments
2.9made by an obligor in satisfaction of or in addition to a temporary or permanent order
2.10for child support, and Social Security payments are not counted as income.
2.11
2.12
2.13
2.14
2.15
2.16(b)(1) The modified adjusted gross income methodology as defined in the Affordable
2.17Care Act shall be used for eligibility categories based on:
2.18(i) children under age 19 and their parents and relative caretakers as defined in
2.19section 256B.055, subdivision 3a;
2.20(ii) children ages 19 to 20 as defined in section 256B.055, subdivision 16;
2.21(iii) pregnant women as defined in section 256B.055, subdivision 6;
2.22(iv) infants as defined in sections 256B.055, subdivision 10, and 256B.057,
2.23subdivision 8; and
2.24(v) adults without children as defined in section 256B.055, subdivision 15.
2.25 For these purposes, a "methodology" does not include an asset or income standard,
2.26or accounting method, or method of determining effective dates.
2.27(2) For individuals whose income eligibility is determined using the modified
2.28adjusted gross income methodology in clause (1), the commissioner shall subtract from
2.29the individual's modified adjusted gross income an amount equivalent to five percent
2.30of the federal poverty guidelines.
2.31EFFECTIVE DATE.This section is effective January 1, 2014.
2.32 Sec. 4. Minnesota Statutes 2012, section 256B.056, subdivision 3c, is amended to read:
2.33 Subd. 3c. Asset limitations for families and children. (a) A household of two or
2.34more persons must not own more than $20,000 in total net assets, and a household of one
2.35person must not own more than $10,000 in total net assets. In addition to these maximum
3.1amounts, an eligible individual or family may accrue interest on these amounts, but they
3.2must be reduced to the maximum at the time of an eligibility redetermination. The value of
3.3assets that are not considered in determining eligibility for medical assistance for families
3.4and children is the value of those assets excluded under the AFDC state plan as of July 16,
3.51996, as required by the Personal Responsibility and Work Opportunity Reconciliation
3.6Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:
3.7(1) household goods and personal effects are not considered;
3.8(2) capital and operating assets of a trade or business up to $200,000 are not
3.9considered, except that a bank account that contains personal income or assets, or is used to
3.10pay personal expenses, is not considered a capital or operating asset of a trade or business;
3.11(3) one motor vehicle is excluded for each person of legal driving age who is
3.12employed or seeking employment;
3.13(4) assets designated as burial expenses are excluded to the same extent they are
3.14excluded by the Supplemental Security Income program;
3.15(5) court-ordered settlements up to $10,000 are not considered;
3.16(6) individual retirement accounts and funds are not considered;
3.17(7) assets owned by children are not considered; and
3.18(8) effective July 1, 2009, certain assets owned by American Indians are excluded as
3.19required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
3.20Law 111-5. For purposes of this clause, an American Indian is any person who meets the
3.21definition of Indian according to Code of Federal Regulations, title 42, section
3.22The assets specified in clause (2) must be disclosed to the local agency at the time of
3.23application and at the time of an eligibility redetermination, and must be verified upon
3.24request of the local agency.
3.25(b) Beginning January 1, 2014, this subdivision applies only to parents and caretaker
3.26relatives who qualify for medical assistance under subdivision 5.
3.27EFFECTIVE DATE.This section is effective January 1, 2014.
3.28 Sec. 5. Minnesota Statutes 2012, section 256B.056, subdivision 4, is amended to read:
3.29 Subd. 4. Income. (a) To be eligible for medical assistance, a person eligible under
3.30section
3.31the federal poverty guidelines. Effective January 1, 2000, and each successive January,
3.32recipients of supplemental security income may have an income up to the supplemental
3.33security income standard in effect on that date.
4.1(b) To be eligible for medical assistance, families and children may have an income
4.2up to 133-1/3 percent of the AFDC income standard in effect under the July 16, 1996,
4.3AFDC state plan. Effective July 1, 2000, the base AFDC standard in effect on July 16,
4.41996, shall be increased by three percent.
4.5(c) Effective
4.6
4.7relative may have an income up to
4.8the
4.9(d) To be eligible for medical assistance under section
4.10a person may have an income up to
4.11the
4.12(e)
4.13
4.14
4.15
4.16
4.17assistance under section 256B.055, subdivision 16, a child may have an income up to 133
4.18percent of the federal poverty guidelines for the household size.
4.19(f) In computing income to determine eligibility of persons under paragraphs (a) to
4.20(e) who are not residents of long-term care facilities, the commissioner shall disregard
4.21increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509.
4.22For persons eligible under paragraph (a), veteran aid and attendance benefits and Veterans
4.23Administration unusual medical expense payments are considered income to the recipient.
4.24EFFECTIVE DATE.This section is effective January 1, 2014.
4.25 Sec. 6. TRANSFER.
4.26The commissioner of management and budget shall transfer from the health care
4.27access fund to the general fund up to $21,319,000 in fiscal year 2014; up to $42,314,000
4.28in fiscal year 2015; up to $56,147,000 in fiscal year 2016; and up to $64,683,000 in fiscal
4.29year 2017, to pay the medical assistance costs for persons eligible for medical assistance
4.30as a result of the January 1, 2014, expansion of medical assistance eligibility in this act
4.31who were or would have been eligible for MinnesotaCare as of December 31, 2013.
