1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to human services; providing state-funded medical assistance and |
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3 | 3 | | 1.3 MinnesotaCare for inmates of county jails; amending Minnesota Statutes 2024, |
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4 | 4 | | 1.4 sections 256B.055, subdivision 14; 256L.04, subdivision 12; 641.15, subdivision |
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5 | 5 | | 1.5 2. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 256B.055, subdivision 14, is amended to read: |
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8 | 8 | | 1.8 Subd. 14.Persons detained by law.(a) Medical assistance may be paid for an inmate |
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9 | 9 | | 1.9of a correctional facility who is conditionally released as authorized under section 241.26, |
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10 | 10 | | 1.10244.065, or 631.425, if the individual does not require the security of a public detention |
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11 | 11 | | 1.11facility and is housed in a halfway house or community correction center, or under house |
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12 | 12 | | 1.12arrest and monitored by electronic surveillance in a residence approved by the commissioner |
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13 | 13 | | 1.13of corrections, and if the individual meets the other eligibility requirements of this chapter. |
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14 | 14 | | 1.14 (b) An individual who is enrolled in medical assistance, and who is charged with a crime |
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15 | 15 | | 1.15and incarcerated for less than 12 months shall be suspended from eligibility at the time of |
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16 | 16 | | 1.16incarceration until the individual is released. Upon release, medical assistance eligibility is |
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17 | 17 | | 1.17reinstated without reapplication using a reinstatement process and form, if the individual is |
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18 | 18 | | 1.18otherwise eligible. |
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19 | 19 | | 1.19 (c) An individual, regardless of age, who is considered an inmate of a public institution |
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20 | 20 | | 1.20as defined in Code of Federal Regulations, title 42, section 435.1010, and who meets the |
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21 | 21 | | 1.21eligibility requirements in section 256B.056, is not eligible for federally funded medical |
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22 | 22 | | 1.22assistance, except for covered services received while an inpatient in a medical institution |
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23 | 23 | | 1.23as defined in Code of Federal Regulations, title 42, section 435.1010, but is eligible for |
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24 | 24 | | 1Section 1. |
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25 | 25 | | 25-05091 as introduced03/19/25 REVISOR AGW/HL |
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26 | 26 | | SENATE |
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27 | 27 | | STATE OF MINNESOTA |
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28 | 28 | | S.F. No. 3308NINETY-FOURTH SESSION |
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29 | 29 | | (SENATE AUTHORS: UTKE, Gruenhagen, Kreun, Koran and Drazkowski) |
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30 | 30 | | OFFICIAL STATUSD-PGDATE |
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31 | 31 | | Introduction and first reading04/07/2025 |
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32 | 32 | | Referred to Health and Human Services 2.1medical assistance without federal financial participation if the individual is an inmate of |
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33 | 33 | | 2.2a county jail in Minnesota. Security issues, including costs, related to the inpatient medical |
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34 | 34 | | 2.3treatment of an inmate are the responsibility of the entity with jurisdiction over the inmate. |
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35 | 35 | | 2.4 Sec. 2. Minnesota Statutes 2024, section 256L.04, subdivision 12, is amended to read: |
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36 | 36 | | 2.5 Subd. 12.Persons in detention.(a) Except as provided in paragraph (b), an applicant |
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37 | 37 | | 2.6or enrollee residing in a correctional or detention facility is not eligible for MinnesotaCare, |
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38 | 38 | | 2.7unless the applicant or enrollee is awaiting disposition of charges. |
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39 | 39 | | 2.8 (b) An applicant or enrollee residing as an inmate in a county jail in Minnesota is eligible |
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40 | 40 | | 2.9for state-funded MinnesotaCare, provided all other MinnesotaCare eligibility requirements |
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41 | 41 | | 2.10are met. |
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42 | 42 | | 2.11 Sec. 3. Minnesota Statutes 2024, section 641.15, subdivision 2, is amended to read: |
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43 | 43 | | 2.12 Subd. 2.Medical aid.Except as provided in section 466.101, the county board shall |
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44 | 44 | | 2.13pay the costs of medical services provided to prisoners pursuant to this section. The amount |
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45 | 45 | | 2.14paid by the county board for a medical service shall not exceed the maximum allowed |
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46 | 46 | | 2.15medical assistance payment rate for the service, as determined by the commissioner of |
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47 | 47 | | 2.16human services. In the absence of a health or medical insurance or health plan that has a |
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48 | 48 | | 2.17contractual obligation with the provider or the prisoner, medical providers shall charge no |
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49 | 49 | | 2.18higher than the rate negotiated between the county and the provider. In the absence of an |
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50 | 50 | | 2.19agreement between the county and the provider, the provider may not charge an amount |
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51 | 51 | | 2.20that exceeds the maximum allowed medical assistance payment rate for the service, as |
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52 | 52 | | 2.21determined by the commissioner of human services. The county is entitled to reimbursement |
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53 | 53 | | 2.22from the prisoner for payment of medical bills to the extent that the prisoner to whom the |
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54 | 54 | | 2.23medical aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, |
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55 | 55 | | 2.24incur co-payment obligations for health care services provided by a county correctional |
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56 | 56 | | 2.25facility. The county board shall determine the co-payment amount. Notwithstanding any |
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57 | 57 | | 2.26law to the contrary, the co-payment shall be deducted from any of the prisoner's funds held |
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58 | 58 | | 2.27by the county, to the extent possible. If there is a disagreement between the county and a |
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59 | 59 | | 2.28prisoner concerning the prisoner's ability to pay, the court with jurisdiction over the defendant |
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60 | 60 | | 2.29shall determine the extent, if any, of the prisoner's ability to pay for the medical services. |
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61 | 61 | | 2.30If a prisoner is covered by health or medical insurance or other health plan when medical |
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62 | 62 | | 2.31services are provided, the medical provider shall bill that health or medical insurance or |
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63 | 63 | | 2.32other plan. If the county providing the medical services for a prisoner that has coverage |
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64 | 64 | | 2.33under health or medical insurance or other plan, that county has a right of subrogation to |
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65 | 65 | | 2Sec. 3. |
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66 | 66 | | 25-05091 as introduced03/19/25 REVISOR AGW/HL 3.1be reimbursed by the insurance carrier for all sums spent by it for medical services to the |
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67 | 67 | | 3.2prisoner that are covered by the policy of insurance or health plan, in accordance with the |
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68 | 68 | | 3.3benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or |
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69 | 69 | | 3.4health plan. The county may maintain an action to enforce this subrogation right. The county |
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70 | 70 | | 3.5does not have a right of subrogation against the medical assistance program. The county |
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71 | 71 | | 3.6shall not charge prisoners for telephone calls to MNsure navigators, the Minnesota Warmline, |
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72 | 72 | | 3.7a mental health provider, or calls for the purpose of providing case management or mental |
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73 | 73 | | 3.8health services as defined in section 245.462 to prisoners. A county may assist inmates of |
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74 | 74 | | 3.9county jails in applying for medical assistance under section 256B.055, subdivision 14, and |
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75 | 75 | | 3.10MinnesotaCare under section 256L.04, subdivision 12. |
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76 | 76 | | 3Sec. 3. |
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77 | 77 | | 25-05091 as introduced03/19/25 REVISOR AGW/HL |
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