1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to human services; establishing a presumptive disability determination |
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3 | 3 | | 1.3 process for medical assistance eligibility; amending Minnesota Statutes 2024, |
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4 | 4 | | 1.4 sections 245D.02, subdivision 23; 256.01, subdivisions 18f, 29; 256B.055, |
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5 | 5 | | 1.5 subdivision 7, by adding a subdivision; 256B.056, subdivisions 1b, 3, 4, 10, by |
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6 | 6 | | 1.6 adding a subdivision; 256B.057, subdivision 12, by adding a subdivision; |
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7 | 7 | | 1.7 256B.0761, subdivision 2; 256B.77, subdivision 7a. |
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8 | 8 | | 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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9 | 9 | | 1.9 ARTICLE 1 |
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10 | 10 | | 1.10 PRESUMPTIVE DISABILITY DETERMINATIONS |
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11 | 11 | | 1.11 Section 1. Minnesota Statutes 2024, section 256B.055, subdivision 7, is amended to read: |
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12 | 12 | | 1.12 Subd. 7.Aged or blind persons or persons with disabilities Persons age 65 or |
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13 | 13 | | 1.13older.(a) Medical assistance may be paid for a person who (1) is age 65 or older, (2) meets |
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14 | 14 | | 1.14the categorical eligibility requirements of the Supplemental Security Income program or, |
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15 | 15 | | 1.15who would meet those requirements except for excess income or assets, and who (3) meets |
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16 | 16 | | 1.16the other eligibility requirements of this section. |
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17 | 17 | | 1.17 (b) Following a determination that the applicant is not aged or blind and does not meet |
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18 | 18 | | 1.18any other category of eligibility for medical assistance and has not been determined disabled |
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19 | 19 | | 1.19by the Social Security Administration, applicants under this subdivision shall be referred |
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20 | 20 | | 1.20to the commissioner's state medical review team for a determination of disability. |
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21 | 21 | | 1.21 EFFECTIVE DATE.This section is effective July 1, 2025. |
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22 | 22 | | 1Article 1 Section 1. |
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33 | 31 | | 2.2to read: |
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34 | 32 | | 2.3 Subd. 7b.Persons who are blind or determined disabled.(a) Medical assistance may |
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35 | 33 | | 2.4be paid for a person age 64 or younger who meets: |
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36 | 34 | | 2.5 (1) the categorical eligibility requirements of the Supplemental Security Income program; |
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37 | 35 | | 2.6 (2) the other eligibility requirements of the Supplemental Security Income program or |
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38 | 36 | | 2.7would meet those requirements except for excess income or assets; and |
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39 | 37 | | 2.8 (3) the other eligibility requirements of this section. |
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40 | 38 | | 2.9 (b) Following a determination that the applicant is not blind and does not meet any other |
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41 | 39 | | 2.10category of eligibility for medical assistance and has not been determined disabled by the |
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42 | 40 | | 2.11Social Security Administration, an applicant under this subdivision must be referred to the |
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43 | 41 | | 2.12commissioner's state medical review team for a determination of disability. |
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44 | 42 | | 2.13 EFFECTIVE DATE.This section is effective July 1, 2025. |
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45 | 43 | | 2.14 Sec. 3. Minnesota Statutes 2024, section 256B.056, subdivision 3, is amended to read: |
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46 | 44 | | 2.15 Subd. 3.Asset limitations for certain individuals.(a) To be eligible for medical |
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47 | 45 | | 2.16assistance, a person must not individually own more than $3,000 in assets, or if a member |
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48 | 46 | | 2.17of a household with two family members, spouses, or parent and child, the household must |
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49 | 47 | | 2.18not own more than $6,000 in assets, plus $200 for each additional legal dependent. For the |
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50 | 48 | | 2.19purposes of this subdivision, a child eligible under section 256B.055, subdivision 12, is an |
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51 | 49 | | 2.20individual with a household size of one and the child's assets must be determined without |
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52 | 50 | | 2.21consideration of the parents' resources as provided by United States Code, title 42, section |
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53 | 51 | | 2.221396a(e)(3). In addition to these maximum amounts, an eligible individual or family may |
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54 | 52 | | 2.23accrue interest on these amounts, but they must be reduced to the maximum at the time of |
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55 | 53 | | 2.24an eligibility redetermination. The accumulation of the clothing and personal needs allowance |
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56 | 54 | | 2.25according to section 256B.35 must also be reduced to the maximum at the time of the |
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57 | 55 | | 2.26eligibility redetermination. The value of assets that are not considered in determining |
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58 | 56 | | 2.27eligibility for medical assistance is the value of those assets excluded under the Supplemental |
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59 | 57 | | 2.28Security Income program for aged, blind, and disabled persons, with the following |
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60 | 58 | | 2.29exceptions: |
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61 | 59 | | 2.30 (1) household goods and personal effects are not considered; |
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62 | 60 | | 2.31 (2) capital and operating assets of a trade or business that the local agency determines |
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63 | 61 | | 2.32are necessary to the person's ability to earn an income are not considered; |
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64 | 62 | | 2Article 1 Sec. 3. |
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66 | 64 | | 3.2Income program; |
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67 | 65 | | 3.3 (4) assets designated as burial expenses are excluded to the same extent excluded by the |
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68 | 66 | | 3.4Supplemental Security Income program. Burial expenses funded by annuity contracts or |
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69 | 67 | | 3.5life insurance policies must irrevocably designate the individual's estate as contingent |
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70 | 68 | | 3.6beneficiary to the extent proceeds are not used for payment of selected burial expenses; |
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71 | 69 | | 3.7 (5) for a person who no longer qualifies as an employed person with a disability due to |
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72 | 70 | | 3.8loss of earnings, assets allowed while eligible for medical assistance under section 256B.057, |
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73 | 71 | | 3.9subdivision 9, are not considered for 12 months, beginning with the first month of ineligibility |
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74 | 72 | | 3.10as an employed person with a disability; |
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75 | 73 | | 3.11 (6) a designated employment incentives asset account is disregarded when determining |
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76 | 74 | | 3.12eligibility for medical assistance for a person age 65 years or older under section 256B.055, |
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77 | 75 | | 3.13subdivision 7. An employment incentives asset account must only be designated by a person |
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78 | 76 | | 3.14who has been enrolled in medical assistance under section 256B.057, subdivision 9, for a |
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79 | 77 | | 3.1524-consecutive-month period. A designated employment incentives asset account contains |
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80 | 78 | | 3.16qualified assets owned by the person in the last month of enrollment in medical assistance |
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81 | 79 | | 3.17under section 256B.057, subdivision 9. Qualified assets include retirement and pension |
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82 | 80 | | 3.18accounts, medical expense accounts, and up to $17,000 of the person's other nonexcluded |
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83 | 81 | | 3.19liquid assets. An employment incentives asset account is no longer designated when a person |
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84 | 82 | | 3.20loses medical assistance eligibility for a calendar month or more before turning age 65. A |
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85 | 83 | | 3.21person who loses medical assistance eligibility before age 65 can establish a new designated |
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86 | 84 | | 3.22employment incentives asset account by establishing a new 24-consecutive-month period |
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87 | 85 | | 3.23of enrollment under section 256B.057, subdivision 9. Persons eligible under this clause are |
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88 | 86 | | 3.24not subject to the provisions in section 256B.059; and |
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89 | 87 | | 3.25 (7) effective July 1, 2009, certain assets owned by American Indians are excluded as |
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90 | 88 | | 3.26required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public |
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91 | 89 | | 3.27Law 111-5. For purposes of this clause, an American Indian is any person who meets the |
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92 | 90 | | 3.28definition of Indian according to Code of Federal Regulations, title 42, section 447.50. |
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93 | 91 | | 3.29 (b) No asset limit shall apply to persons eligible under sections 256B.055, subdivision |
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94 | 92 | | 3.3015, and 256B.057, subdivision 9. |
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95 | 93 | | 3.31 EFFECTIVE DATE.This section is effective July 1, 2025. |
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96 | 94 | | 3Article 1 Sec. 3. |
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98 | 96 | | 4.2 Subd. 4.Income.(a) To be eligible for medical assistance, a person eligible under section |
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99 | 97 | | 4.3256B.055, subdivisions 7, 7a, to 7b and 12, may have income up to 100 percent of the |
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100 | 98 | | 4.4federal poverty guidelines. For the purposes of this section, a child eligible under section |
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101 | 99 | | 4.5256B.055, subdivision 12, is an individual with a household size of one and the child's |
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102 | 100 | | 4.6income must be determined without consideration of the parents' income as provided by |
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103 | 101 | | 4.7United States Code, title 42, section 1396(e)(3). Effective January 1, 2000, and each |
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104 | 102 | | 4.8successive January, recipients of Supplemental Security Income may have an income up to |
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105 | 103 | | 4.9the Supplemental Security Income standard in effect on that date. |
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106 | 104 | | 4.10 (b) To be eligible for medical assistance under section 256B.055, subdivision 3a, a parent |
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107 | 105 | | 4.11or caretaker relative may have an income up to 133 percent of the federal poverty guidelines |
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108 | 106 | | 4.12for the household size. |
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109 | 107 | | 4.13 (c) To be eligible for medical assistance under section 256B.055, subdivision 15, a |
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110 | 108 | | 4.14person may have an income up to 133 percent of federal poverty guidelines for the household |
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111 | 109 | | 4.15size. |
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112 | 110 | | 4.16 (d) To be eligible for medical assistance under section 256B.055, subdivision 16, a child |
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113 | 111 | | 4.17age 19 to 20 may have an income up to 133 percent of the federal poverty guidelines for |
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114 | 112 | | 4.18the household size. |
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115 | 113 | | 4.19 (e) To be eligible for medical assistance under section 256B.055, subdivision 3a, a child |
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116 | 114 | | 4.20under age 19 may have income up to 275 percent of the federal poverty guidelines for the |
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117 | 115 | | 4.21household size. |
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118 | 116 | | 4.22 (f) In computing income to determine eligibility of persons under paragraphs (a) to (e) |
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119 | 117 | | 4.23who are not residents of long-term care facilities, the commissioner shall disregard increases |
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120 | 118 | | 4.24in income as required by Public Laws 94-566, section 503; 99-272; and 99-509. For persons |
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121 | 119 | | 4.25eligible under paragraph (a), veteran aid and attendance benefits and Veterans Administration |
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122 | 120 | | 4.26unusual medical expense payments are considered income to the recipient. |
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123 | 121 | | 4.27 EFFECTIVE DATE.This section is effective July 1, 2025. |
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124 | 122 | | 4.28 Sec. 5. Minnesota Statutes 2024, section 256B.057, subdivision 12, is amended to read: |
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125 | 123 | | 4.29 Subd. 12.Presumptive eligibility determinations made by qualified hospitals.(a) |
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126 | 124 | | 4.30The commissioner shall establish a process to qualify hospitals that are participating providers |
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127 | 125 | | 4.31under the medical assistance program to determine presumptive eligibility for medical |
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128 | 126 | | 4.32assistance for applicants who: |
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129 | 127 | | 4Article 1 Sec. 5. |
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131 | 129 | | 5.2as defined in section 256B.056, subdivision 1a, paragraph (b), clause (1); or |
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132 | 130 | | 5.3 (2) have a presumptive disability determination under subdivision 13 and may have a |
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133 | 131 | | 5.4basis of eligibility using the methodology under section 256B.056, subdivision 1a, paragraph |
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134 | 132 | | 5.5(a). |
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135 | 133 | | 5.6 (b) A qualified hospital must determine that an applicant is not presumptively eligible |
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136 | 134 | | 5.7under paragraph (a), clause (1), before it may determine presumptive eligibility under |
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137 | 135 | | 5.8paragraph (a), clause (2). |
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138 | 136 | | 5.9 (c) An infant younger than two years of age who has a presumptive disability |
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139 | 137 | | 5.10determination under subdivision 13 by reason of an initial positive newborn screening or a |
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140 | 138 | | 5.11compassionate care allowance and is determined not to be presumptively eligible under |
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141 | 139 | | 5.12paragraph (a), clause (1), is presumptively eligible for medical assistance under paragraph |
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142 | 140 | | 5.13(a), clause (2). |
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143 | 141 | | 5.14 (d) The period of presumptive eligibility under paragraph (a), clause (2), begins on the |
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144 | 142 | | 5.15date of the applicant's presumptive disability determination and extends until either the last |
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145 | 143 | | 5.16day of the month following the month in which the applicant's presumptive eligibility is |
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146 | 144 | | 5.17approved or, if the applicant submits a regular medical assistance application, until the final |
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147 | 145 | | 5.18determination of disability by the commissioner's state medical review team according to |
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148 | 146 | | 5.19section 256.01, subdivision 29, or by the federal Social Security Administration. If a final |
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149 | 147 | | 5.20determination of disability is denied by the commissioner's state medical review team or |
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150 | 148 | | 5.21the federal Social Security Administration, a new presumptive eligibility determination |
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151 | 149 | | 5.22under paragraph (a), clause (2), must not be made for that person unless the person's condition |
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152 | 150 | | 5.23has changed. |
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153 | 151 | | 5.24 (e) When calculating the ratio of applicants determined eligible for medical assistance |
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154 | 152 | | 5.25on the basis of a regular application for medical assistance to applicants determined |
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155 | 153 | | 5.26presumptively eligible for medical assistance by the hospital, the commissioner must exclude |
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156 | 154 | | 5.27those applicants whose eligibility for medical assistance is denied based on a final denial |
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157 | 155 | | 5.28of a determination of disability by the commissioner's state medical review team or by the |
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158 | 156 | | 5.29federal Social Security Administration. |
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159 | 157 | | 5.30 EFFECTIVE DATE.This section is effective July 1, 2025. |
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160 | 158 | | 5Article 1 Sec. 5. |
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172 | | - | 6.12 (1) the applicant screens positive for a newborn screening condition, including heritable |
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173 | | - | 6.13or congenital disorders on the commissioner of health's list of tests to be administered and |
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174 | | - | 6.14the applicant requires diagnostic testing or treatment as a result of the positive screen; |
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175 | | - | 6.15 (2) the applicant has been diagnosed with a condition included on the federal Social |
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176 | | - | 6.16Security Administration's list of compassionate allowances conditions and urgently requires |
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177 | | - | 6.17treatment; or |
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178 | | - | 6.18 (3) the applicant is receiving inpatient care in the hospital, the applicant needs long-term |
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179 | | - | 6.19services and supports in order to be safely discharged from the hospital, or either a long-term |
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180 | | - | 6.20care facility will not admit the applicant until medical assistance benefits are in effect or |
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181 | | - | 6.21the applicant is unable to return home or to a community-based setting without home and |
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182 | | - | 6.22community-based waiver services; and |
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183 | | - | 6.23 (i) for applicants 17 years of age or younger, has one or more medically determinable |
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184 | | - | 6.24physical or mental impairments that result in marked and severe functional limitations and |
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185 | | - | 6.25the impairments have lasted or are expected to last for a continuous period of at least 12 |
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186 | | - | 6.26months or are expected to result in death; or |
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187 | | - | 6.27 (ii) for applicants 18 years of age or older, has one or more medically determinable |
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188 | | - | 6.28physical or mental impairments that cause severe functional limitations or inability to work |
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189 | | - | 6.29and the impairments have lasted or are expected to last for a continuous period of at least |
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190 | | - | 6.3012 months or are expected to result in death. |
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191 | | - | 6.31 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 170 | + | 6.12 (1) the applicant has a positive initial newborn screening for either congenital heart |
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| 171 | + | 6.13disease or a heritable or congenital disorder included on the commissioner of health's list |
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| 172 | + | 6.14of tests to be administered for determining the presence of a heritable or congenital disorder |
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| 173 | + | 6.15and the applicant urgently requires diagnostic testing or treatment; |
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| 174 | + | 6.16 (2) the applicant has been diagnosed with a condition included on the federal Social |
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| 175 | + | 6.17Security Administration's list of compassionate allowances conditions and urgently requires |
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| 176 | + | 6.18treatment; or |
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| 177 | + | 6.19 (3) the applicant is receiving inpatient care in the hospital, the applicant needs long-term |
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| 178 | + | 6.20services and supports in order to be safely discharged from the hospital, or either a long-term |
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| 179 | + | 6.21care facility will not admit the applicant until medical assistance benefits are in effect or |
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| 180 | + | 6.22the applicant is unable to return home or to a community-based setting without home and |
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| 181 | + | 6.23community-based waiver services; and |
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| 182 | + | 6.24 (i) for applicants 17 years of age or younger, has one or more medically determinable |
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| 183 | + | 6.25physical or mental impairments that result in marked and severe functional limitations and |
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| 184 | + | 6.26the impairments have lasted or are expected to last for a continuous period of at least 12 |
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| 185 | + | 6.27months or are expected to result in death; or |
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| 186 | + | 6.28 (ii) for applicants 18 years of age or older, has one or more medically determinable |
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| 187 | + | 6.29physical or mental impairments that cause severe functional limitations or inability to work |
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| 188 | + | 6.30and the impairments have lasted or are expected to last for a continuous period of at least |
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| 189 | + | 6.3112 months or are expected to result in death. |
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| 190 | + | 6.32 EFFECTIVE DATE.This section is effective July 1, 2025. |
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194 | 193 | | 7.2 CONFORMING CHANGES |
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195 | 194 | | 7.3 Section 1. Minnesota Statutes 2024, section 245D.02, subdivision 23, is amended to read: |
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196 | 195 | | 7.4 Subd. 23.Person with a disability."Person with a disability" means a person determined |
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197 | 196 | | 7.5to have a disability by the commissioner's state medical review team as identified in section |
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198 | 197 | | 7.6256B.055, subdivision 7 7b, the Social Security Administration, or the person is determined |
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199 | 198 | | 7.7to have a developmental disability or a related condition as defined in Minnesota Rules, |
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200 | 199 | | 7.8part 9525.0016, subpart 2, items A to E. |
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201 | 200 | | 7.9 EFFECTIVE DATE.This section is effective July 1, 2025. |
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202 | 201 | | 7.10 Sec. 2. Minnesota Statutes 2024, section 256.01, subdivision 18f, is amended to read: |
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203 | 202 | | 7.11 Subd. 18f.Asset verification system.The commissioner shall implement the Asset |
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204 | 203 | | 7.12Verification System (AVS) according to Public Law 110-252, title VII, section 7001(d), to |
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205 | 204 | | 7.13verify assets for an individual applying for or renewing health care benefits under section |
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206 | 205 | | 7.14256B.055, subdivision 7 subdivisions 7 and 7b. |
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207 | 206 | | 7.15 EFFECTIVE DATE.This section is effective July 1, 2025. |
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208 | 207 | | 7.16 Sec. 3. Minnesota Statutes 2024, section 256.01, subdivision 29, is amended to read: |
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209 | 208 | | 7.17 Subd. 29.State medical review team.(a) To ensure the timely processing of |
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210 | 209 | | 7.18determinations of disability by the commissioner's state medical review team under sections |
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211 | 210 | | 7.19256B.055, subdivisions 7, paragraph (b), 7b and 12, and 256B.057, subdivision 9, the |
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212 | 211 | | 7.20commissioner shall review all medical evidence and seek information from providers, |
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213 | 212 | | 7.21applicants, and enrollees to support the determination of disability where necessary. Disability |
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214 | 213 | | 7.22shall be determined according to the rules of title XVI and title XIX of the Social Security |
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215 | 214 | | 7.23Act and pertinent rules and policies of the Social Security Administration. |
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216 | 215 | | 7.24 (b) Prior to a denial or withdrawal of a requested determination of disability due to |
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217 | 216 | | 7.25insufficient evidence, the commissioner shall (1) ensure that the missing evidence is necessary |
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218 | 217 | | 7.26and appropriate to a determination of disability, and (2) assist applicants and enrollees to |
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219 | 218 | | 7.27obtain the evidence, including, but not limited to, medical examinations and electronic |
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220 | 219 | | 7.28medical records. |
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221 | 220 | | 7.29 (c) Any appeal made under section 256.045, subdivision 3, of a disability determination |
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222 | 221 | | 7.30made by the state medical review team must be decided according to the timelines under |
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223 | 222 | | 7.31section 256.0451, subdivision 22, paragraph (a). If a written decision is not issued within |
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224 | 223 | | 7Article 2 Sec. 3. |
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226 | 225 | | 8.2immediately reviewed by the chief human services judge. |
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227 | 226 | | 8.3 EFFECTIVE DATE.This section is effective July 1, 2025. |
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228 | 227 | | 8.4 Sec. 4. Minnesota Statutes 2024, section 256B.056, subdivision 1b, is amended to read: |
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229 | 228 | | 8.5 Subd. 1b.Aged, blind, and disabled Income methodology for persons who are age |
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230 | 229 | | 8.665 or older.The $20 general income disregard allowed under the Supplemental Security |
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231 | 230 | | 8.7Income program is included in the standard and shall not be allowed as a deduction from |
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232 | 231 | | 8.8income for a person eligible under section 256B.055, subdivisions 7, 7a, and 12 subdivision |
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233 | 232 | | 8.97. |
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234 | 233 | | 8.10 EFFECTIVE DATE.This section is effective July 1, 2025. |
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235 | 234 | | 8.11 Sec. 5. Minnesota Statutes 2024, section 256B.056, is amended by adding a subdivision |
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236 | 235 | | 8.12to read: |
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237 | 236 | | 8.13 Subd. 1e.Income methodology for persons who are blind or determined disabled.The |
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238 | 237 | | 8.14$20 general income disregard allowed under the Supplemental Security Income program |
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239 | 238 | | 8.15is included in the standard and shall not be allowed as a deduction from income for a person |
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240 | 239 | | 8.16eligible under section 256B.055, subdivisions 7a, 7b, and 12. |
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241 | 240 | | 8.17 EFFECTIVE DATE.This section is effective July 1, 2025. |
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242 | 241 | | 8.18 Sec. 6. Minnesota Statutes 2024, section 256B.056, subdivision 10, is amended to read: |
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243 | 242 | | 8.19 Subd. 10.Eligibility verification.(a) The commissioner shall require women who are |
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244 | 243 | | 8.20applying for the continuation of medical assistance coverage following the end of the |
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245 | 244 | | 8.2112-month postpartum period to update their income and asset information and to submit |
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246 | 245 | | 8.22any required income or asset verification. |
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247 | 246 | | 8.23 (b) The commissioner shall determine the eligibility of private-sector health care coverage |
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248 | 247 | | 8.24for infants less than one year of age eligible under section 256B.055, subdivision 10, or |
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249 | 248 | | 8.25256B.057, subdivision 1, paragraph (c), and shall pay for private-sector coverage if this is |
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250 | 249 | | 8.26determined to be cost-effective. |
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251 | 250 | | 8.27 (c) The commissioner shall verify assets and income for all applicants, and for all |
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252 | 251 | | 8.28recipients upon renewal. |
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253 | 252 | | 8.29 (d) The commissioner shall utilize information obtained through the electronic service |
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254 | 253 | | 8.30established by the secretary of the United States Department of Health and Human Services |
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255 | 254 | | 8.31and other available electronic data sources in Code of Federal Regulations, title 42, sections |
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256 | 255 | | 8Article 2 Sec. 6. |
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258 | 257 | | 9.2standards to define when information obtained electronically is reasonably compatible with |
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259 | 258 | | 9.3information provided by applicants and enrollees, including use of self-attestation, to |
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260 | 259 | | 9.4accomplish real-time eligibility determinations and maintain program integrity. |
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261 | 260 | | 9.5 (e) Each person applying for or receiving medical assistance under section 256B.055, |
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262 | 261 | | 9.6subdivision 7 subdivisions 7 and 7b, and any other person whose resources are required by |
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263 | 262 | | 9.7law to be disclosed to determine the applicant's or recipient's eligibility must authorize the |
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264 | 263 | | 9.8commissioner to obtain information from financial institutions to verify assets as required |
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265 | 264 | | 9.9in section 256.01, subdivision 18f. If a person refuses or revokes the authorization, the |
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266 | 265 | | 9.10commissioner may determine that the applicant or recipient is ineligible for medical |
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267 | 266 | | 9.11assistance. For purposes of this paragraph, an authorization to verify assets meets the |
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268 | 267 | | 9.12requirements of the Right to Financial Privacy Act, United States Code, title 12, chapter |
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269 | 268 | | 9.1335, and need not be furnished to the financial institution. |
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270 | 269 | | 9.14 (f) County and tribal agencies shall comply with the standards established by the |
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271 | 270 | | 9.15commissioner for appropriate use of the asset verification system specified in section 256.01, |
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272 | 271 | | 9.16subdivision 18f. |
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273 | 272 | | 9.17 EFFECTIVE DATE.This section is effective July 1, 2025. |
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274 | 273 | | 9.18 Sec. 7. Minnesota Statutes 2024, section 256B.0761, subdivision 2, is amended to read: |
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275 | 274 | | 9.19 Subd. 2.Eligible individuals.Notwithstanding section 256B.055, subdivision 14, |
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276 | 275 | | 9.20individuals are eligible to receive services under this demonstration if they are eligible under |
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277 | 276 | | 9.21section 256B.055, subdivision 3a, 6, 7, 7a, 7b, 9, 15, 16, or 17, as determined by the |
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278 | 277 | | 9.22commissioner in collaboration with correctional facilities, local governments, and Tribal |
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279 | 278 | | 9.23governments. |
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280 | 279 | | 9.24 EFFECTIVE DATE.This section is effective July 1, 2025. |
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281 | 280 | | 9.25 Sec. 8. Minnesota Statutes 2024, section 256B.77, subdivision 7a, is amended to read: |
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282 | 281 | | 9.26 Subd. 7a.Eligible individuals.(a) Persons are eligible for the demonstration project as |
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283 | 282 | | 9.27provided in this subdivision. |
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284 | 283 | | 9.28 (b) "Eligible individuals" means those persons living in the demonstration site who are |
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285 | 284 | | 9.29eligible for medical assistance and are disabled based on a disability determination under |
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286 | 285 | | 9.30section 256B.055, subdivisions 7, 7b, and 12, or who are eligible for medical assistance and |
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287 | 286 | | 9.31have been diagnosed as having: |
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288 | 287 | | 9.32 (1) serious and persistent mental illness as defined in section 245.462, subdivision 20; |
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289 | 288 | | 9Article 2 Sec. 8. |
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291 | 290 | | 10.2 (3) developmental disability, or being a person with a developmental disability as defined |
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292 | 291 | | 10.3in section 252A.02, or a related condition as defined in section 256B.02, subdivision 11. |
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293 | 292 | | 10.4Other individuals may be included at the option of the county authority based on agreement |
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294 | 293 | | 10.5with the commissioner. |
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295 | 294 | | 10.6 (c) Eligible individuals include individuals in excluded time status, as defined in chapter |
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296 | 295 | | 10.7256G. Enrollees in excluded time at the time of enrollment shall remain in excluded time |
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297 | 296 | | 10.8status as long as they live in the demonstration site and shall be eligible for 90 days after |
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298 | 297 | | 10.9placement outside the demonstration site if they move to excluded time status in a county |
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299 | 298 | | 10.10within Minnesota other than their county of financial responsibility. |
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300 | 299 | | 10.11 (d) A person who is a sexual psychopathic personality as defined in section 253D.02, |
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301 | 300 | | 10.12subdivision 15, or a sexually dangerous person as defined in section 253D.02, subdivision |
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302 | 301 | | 10.1316, is excluded from enrollment in the demonstration project. |
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303 | 302 | | 10.14 EFFECTIVE DATE.This section is effective July 1, 2025. |
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304 | 303 | | 10Article 2 Sec. 8. |
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