Bill Text: MN SF762 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Medical assistance (MA) income eligibility, excess income standard, and seniors and persons with disabilities asset limit increases; home and community-based services waiver continuance
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2013-03-18 - Comm report: To pass as amended and re-refer to Finance [SF762 Detail]
Download: Minnesota-2013-SF762-Engrossed.html
1.2relating to human services; modifying the medical assistance income standard
1.3for seniors and persons with disabilities; requiring the commissioner to request
1.4authority to continue current home and community-based services waiver policy
1.5on treatment of a nonassisted spouse's income and assets;amending Minnesota
1.6Statutes 2012, section 256B.056, subdivisions 4, as amended, 5c.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 256B.056, subdivision 4, as amended by
1.9Laws 2013, chapter 1, section 5, is amended to read:
1.10 Subd. 4. Income. (a) To be eligible for medical assistance, a person eligible under
1.11section256B.055, subdivisions 7, 7a, and 12 , may have income up to 100 133 percent
1.12of the federal poverty guidelines using the modified adjusted gross income methodology
1.13under the federal Patient Protection and Affordable Care Act (Public Law 111-148), as
1.14amended by the federal Health Care and Education Reconciliation Act of 2010 (Public
1.15Law 111-152), and any amendments to, or regulations or guidance issued under, those
1.16acts. When determining income eligibility using the modified adjusted gross income
1.17methodology, the commissioner shall subtract from the individual's modified adjusted gross
1.18income an amount equivalent to five percent of the federal poverty guidelines. Effective
1.19January 1, 2000, and each successive January, recipients of Supplemental Security Income
1.20may have an income up to the supplemental security income standard in effect on that date.
1.21(b) To be eligible for medical assistance, families and children may have an income
1.22up to 133-1/3 percent of the AFDC income standard in effect under the July 16, 1996,
1.23AFDC state plan. Effective July 1, 2000, the base AFDC standard in effect on July 16,
1.241996, shall be increased by three percent.
2.1(c) Effective January 1, 2014, to be eligible for medical assistance, under section
2.2256B.055, subdivision 3a
, a parent or caretaker relative may have an income up to 133
2.3percent of the federal poverty guidelines for the household size.
2.4(d) To be eligible for medical assistance under section256B.055, subdivision 15 ,
2.5a person may have an income up to 133 percent of federal poverty guidelines for the
2.6household size.
2.7(e) To be eligible for medical assistance under section256B.055, subdivision 16 ,
2.8a child may have an income up to 133 percent of the federal poverty guidelines for the
2.9household size.
2.10(f) In computing income to determine eligibility of persons under paragraphs (a) to
2.11(e) who are not residents of long-term care facilities, the commissioner shall disregard
2.12increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509.
2.13For persons eligible under paragraph (a), veteran aid and attendance benefits and Veterans
2.14Administration unusual medical expense payments are considered income to the recipient.
2.15EFFECTIVE DATE.This section is effective January 1, 2014.
2.16 Sec. 2. Minnesota Statutes 2012, section 256B.056, subdivision 5c, is amended to read:
2.17 Subd. 5c. Excess income standard. (a) The excess income standard for families
2.18with children is the standard specified in subdivision 4.
2.19(b) The excess income standard for a person whose eligibility is based on blindness,
2.20disability, or age of 65 or more years is70 percent of the federal poverty guidelines for
2.21the family size. Effective July 1, 2002, the excess income standard for this paragraph
2.22shall equal 75 percent of the federal poverty guidelines. Effective January 1, 2014, the
2.23excess income standard shall equal 133 percent of the federal poverty guidelines using
2.24the modified adjusted gross income methodology under the federal Patient Protection and
2.25Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and
2.26Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments to, or
2.27regulations or guidance issued under, those acts.
2.28 Sec. 3. RECOMMENDATIONS ON RAISING THE ASSET LIMITS FOR
2.29SENIORS AND PERSONS WITH DISABILITIES.
2.30The commissioner of human services shall consult with interested stakeholders
2.31to develop recommendations and a request for a federal 1115 demonstration waiver in
2.32order to increase the asset limit for individuals eligible for medical assistance due to
2.33disability or age who are not residing in a nursing facility, intermediate care facility for
2.34persons with developmental disabilities, or other institution whose costs for room and
3.1board are covered by medical assistance or state funds. The recommendations must be
3.2provided to the legislative committees with jurisdiction over health and human services
3.3policy and finance by February 1, 2014.
3.4 Sec. 4. DIRECTION TO COMMISSIONER.
3.5The commissioner of human services shall request authority, in whatever form is
3.6necessary, from the federal Centers for Medicare and Medicaid Services to allow persons
3.7under age 65 participating in the home and community-based services waivers to continue
3.8to use the disregard of the nonassisted spouse's income and assets instead of the spousal
3.9impoverishment provisions under the federal Patient Protection and Affordable Care
3.10Act (Public Law 111-148), section 2404, as amended by the federal Health Care and
3.11Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments to, or
3.12regulations or guidance issued under, those acts.
1.3for seniors and persons with disabilities; requiring the commissioner to request
1.4authority to continue current home and community-based services waiver policy
1.5on treatment of a nonassisted spouse's income and assets;amending Minnesota
1.6Statutes 2012, section 256B.056, subdivisions 4, as amended, 5c.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 256B.056, subdivision 4, as amended by
1.9Laws 2013, chapter 1, section 5, is amended to read:
1.10 Subd. 4. Income. (a) To be eligible for medical assistance, a person eligible under
1.11section
1.12of the federal poverty guidelines using the modified adjusted gross income methodology
1.13under the federal Patient Protection and Affordable Care Act (Public Law 111-148), as
1.14amended by the federal Health Care and Education Reconciliation Act of 2010 (Public
1.15Law 111-152), and any amendments to, or regulations or guidance issued under, those
1.16acts. When determining income eligibility using the modified adjusted gross income
1.17methodology, the commissioner shall subtract from the individual's modified adjusted gross
1.18income an amount equivalent to five percent of the federal poverty guidelines. Effective
1.19January 1, 2000, and each successive January, recipients of Supplemental Security Income
1.20may have an income up to the supplemental security income standard in effect on that date.
1.21(b) To be eligible for medical assistance, families and children may have an income
1.22up to 133-1/3 percent of the AFDC income standard in effect under the July 16, 1996,
1.23AFDC state plan. Effective July 1, 2000, the base AFDC standard in effect on July 16,
1.241996, shall be increased by three percent.
2.1(c) Effective January 1, 2014, to be eligible for medical assistance, under section
2.3percent of the federal poverty guidelines for the household size.
2.4(d) To be eligible for medical assistance under section
2.5a person may have an income up to 133 percent of federal poverty guidelines for the
2.6household size.
2.7(e) To be eligible for medical assistance under section
2.8a child may have an income up to 133 percent of the federal poverty guidelines for the
2.9household size.
2.10(f) In computing income to determine eligibility of persons under paragraphs (a) to
2.11(e) who are not residents of long-term care facilities, the commissioner shall disregard
2.12increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509.
2.13For persons eligible under paragraph (a), veteran aid and attendance benefits and Veterans
2.14Administration unusual medical expense payments are considered income to the recipient.
2.15EFFECTIVE DATE.This section is effective January 1, 2014.
2.16 Sec. 2. Minnesota Statutes 2012, section 256B.056, subdivision 5c, is amended to read:
2.17 Subd. 5c. Excess income standard. (a) The excess income standard for families
2.18with children is the standard specified in subdivision 4.
2.19(b) The excess income standard for a person whose eligibility is based on blindness,
2.20disability, or age of 65 or more years is
2.21
2.22
2.23excess income standard shall equal 133 percent of the federal poverty guidelines using
2.24the modified adjusted gross income methodology under the federal Patient Protection and
2.25Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and
2.26Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments to, or
2.27regulations or guidance issued under, those acts.
2.28 Sec. 3. RECOMMENDATIONS ON RAISING THE ASSET LIMITS FOR
2.29SENIORS AND PERSONS WITH DISABILITIES.
2.30The commissioner of human services shall consult with interested stakeholders
2.31to develop recommendations and a request for a federal 1115 demonstration waiver in
2.32order to increase the asset limit for individuals eligible for medical assistance due to
2.33disability or age who are not residing in a nursing facility, intermediate care facility for
2.34persons with developmental disabilities, or other institution whose costs for room and
3.1board are covered by medical assistance or state funds. The recommendations must be
3.2provided to the legislative committees with jurisdiction over health and human services
3.3policy and finance by February 1, 2014.
3.4 Sec. 4. DIRECTION TO COMMISSIONER.
3.5The commissioner of human services shall request authority, in whatever form is
3.6necessary, from the federal Centers for Medicare and Medicaid Services to allow persons
3.7under age 65 participating in the home and community-based services waivers to continue
3.8to use the disregard of the nonassisted spouse's income and assets instead of the spousal
3.9impoverishment provisions under the federal Patient Protection and Affordable Care
3.10Act (Public Law 111-148), section 2404, as amended by the federal Health Care and
3.11Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments to, or
3.12regulations or guidance issued under, those acts.
