1.1.................... moves to amend H.F. No. 3237 as follows:
1.2Page 23, after line 31, insert:


1.5    Section 1. Minnesota Statutes 2009 Supplement, section 256B.056, subdivision 1c,
1.6is amended to read:
1.7    Subd. 1c. Families with children income methodology. (a)(1) [Expired, 1Sp2003
1.8c 14 art 12 s 17]
1.9(2) For applications processed within one calendar month prior to July 1, 2003,
1.10eligibility shall be determined by applying the income standards and methodologies in
1.11effect prior to July 1, 2003, for any months in the six-month budget period before July
1.121, 2003, and the income standards and methodologies in effect on July 1, 2003, for any
1.13months in the six-month budget period on or after that date. The income standards for
1.14each month shall be added together and compared to the applicant's total countable income
1.15for the six-month budget period to determine eligibility.
1.16(3) For children ages one through 18 whose eligibility is determined under section
1.17256B.057, subdivision 2 , the following deductions shall be applied to income counted
1.18toward the child's eligibility as allowed under the state's AFDC plan in effect as of July
1.1916, 1996: $90 work expense, dependent care, and child support paid under court order.
1.20This clause is effective October 1, 2003.
1.21(b) For families with children whose eligibility is determined using the standard
1.22specified in section 256B.056, subdivision 4, paragraph (c), 17 percent of countable
1.23earned income shall be disregarded for up to four months and the following deductions
1.24shall be applied to each individual's income counted toward eligibility as allowed under
1.25the state's AFDC plan in effect as of July 16, 1996: dependent care and child support paid
1.26under court order.
2.1(c) If the four-month disregard in paragraph (b) has been applied to the wage
2.2earner's income for four months, the disregard shall not be applied again until the wage
2.3earner's income has not been considered in determining medical assistance eligibility for
2.412 consecutive months.
2.5(d) The commissioner shall adjust the income standards under this section each July
2.61 by the annual update of the federal poverty guidelines following publication by the
2.7United States Department of Health and Human Services except that the income standards
2.8shall not go below those in effect on July 1, 2009.
2.9(e) For children age 18 or under, annual gifts of $2,000 or less by a tax-exempt
2.10organization to or for the benefit of the child with a life-threatening illness must be
2.11disregarded from income.

2.12    Sec. 2. Minnesota Statutes 2009 Supplement, section 256D.03, subdivision 3, is
2.13amended to read:
2.14    Subd. 3. General assistance medical care; eligibility. (a) General assistance
2.15medical care may be paid for any person who is not eligible for medical assistance under
2.16chapter 256B, including eligibility for medical assistance based on a spenddown of excess
2.17income according to section 256B.056, subdivision 5, or MinnesotaCare for applicants
2.18and recipients defined in paragraph (c), except as provided in paragraph (d), and:
2.19    (1) who is receiving assistance under section 256D.05, except for families with
2.20children who are eligible under Minnesota family investment program (MFIP), or who is
2.21having a payment made on the person's behalf under sections 256I.01 to 256I.06; or
2.22    (2) who is a resident of Minnesota; and
2.23    (i) who has gross countable income not in excess of 75 percent of the federal poverty
2.24guidelines for the family size, using a six-month budget period and whose equity in assets
2.25is not in excess of $1,000 per assistance unit. General assistance medical care is not
2.26available for applicants or enrollees who are otherwise eligible for medical assistance but
2.27fail to verify their assets. Enrollees who become eligible for medical assistance shall be
2.28terminated and transferred to medical assistance. Exempt assets, the reduction of excess
2.29assets, and the waiver of excess assets must conform to the medical assistance program in
2.30section 256B.056, subdivisions 3 and 3d, with the following exception: the maximum
2.31amount of undistributed funds in a trust that could be distributed to or on behalf of the
2.32beneficiary by the trustee, assuming the full exercise of the trustee's discretion under the
2.33terms of the trust, must be applied toward the asset maximum; or
2.34    (ii) who has gross countable income above 75 percent of the federal poverty
2.35guidelines but not in excess of 175 percent of the federal poverty guidelines for the family
3.1size, using a six-month budget period, whose equity in assets is not in excess of the limits
3.2in section 256B.056, subdivision 3c, and who applies during an inpatient hospitalization.
3.3    (b) The commissioner shall adjust the income standards under this section each July
3.41 by the annual update of the federal poverty guidelines following publication by the
3.5United States Department of Health and Human Services except that the income standards
3.6shall not go below those in effect on July 1, 2009.
3.7    (c) Effective for applications and renewals processed on or after September 1, 2006,
3.8general assistance medical care may not be paid for applicants or recipients who are adults
3.9with dependent children under 21 whose gross family income is equal to or less than 275
3.10percent of the federal poverty guidelines who are not described in paragraph (f).
3.11    (d) Effective for applications and renewals processed on or after September 1, 2006,
3.12general assistance medical care may be paid for applicants and recipients who meet all
3.13eligibility requirements of paragraph (a), clause (2), item (i), for a temporary period
3.14beginning the date of application. Immediately following approval of general assistance
3.15medical care, enrollees shall be enrolled in MinnesotaCare under section 256L.04,
3.16subdivision 7 , with covered services as provided in section 256L.03 for the rest of the
3.17six-month general assistance medical care eligibility period, until their six-month renewal.
3.18    (e) To be eligible for general assistance medical care following enrollment in
3.19MinnesotaCare as required by paragraph (d), an individual must complete a new
3.20application.
3.21    (f) Applicants and recipients eligible under paragraph (a), clause (2), item (i), are
3.22exempt from the MinnesotaCare enrollment requirements in this subdivision if they:
3.23    (1) have applied for and are awaiting a determination of blindness or disability by
3.24the state medical review team or a determination of eligibility for Supplemental Security
3.25Income or Social Security Disability Insurance by the Social Security Administration;
3.26    (2) fail to meet the requirements of section 256L.09, subdivision 2;
3.27    (3) are homeless as defined by United States Code, title 42, section 11301, et seq.;
3.28    (4) are classified as end-stage renal disease beneficiaries in the Medicare program;
3.29    (5) are enrolled in private health care coverage as defined in section 256B.02,
3.30subdivision 9;
3.31    (6) are eligible under paragraph (k);
3.32    (7) receive treatment funded pursuant to section 254B.02; or
3.33    (8) reside in the Minnesota sex offender program defined in chapter 246B.
3.34    (g) For applications received on or after October 1, 2003, eligibility may begin no
3.35earlier than the date of application. For individuals eligible under paragraph (a), clause
3.36(2), item (i), a redetermination of eligibility must occur every 12 months. Individuals are
4.1eligible under paragraph (a), clause (2), item (ii), only during inpatient hospitalization but
4.2may reapply if there is a subsequent period of inpatient hospitalization.
4.3    (h) Beginning September 1, 2006, Minnesota health care program applications and
4.4renewals completed by recipients and applicants who are persons described in paragraph
4.5(d) and submitted to the county agency shall be determined for MinnesotaCare eligibility
4.6by the county agency. If all other eligibility requirements of this subdivision are met,
4.7eligibility for general assistance medical care shall be available in any month during which
4.8MinnesotaCare enrollment is pending. Upon notification of eligibility for MinnesotaCare,
4.9notice of termination for eligibility for general assistance medical care shall be sent to
4.10an applicant or recipient. If all other eligibility requirements of this subdivision are
4.11met, eligibility for general assistance medical care shall be available until enrollment in
4.12MinnesotaCare subject to the provisions of paragraphs (d), (f), and (g).
4.13    (i) The date of an initial Minnesota health care program application necessary to
4.14begin a determination of eligibility shall be the date the applicant has provided a name,
4.15address, and Social Security number, signed and dated, to the county agency or the
4.16Department of Human Services. If the applicant is unable to provide a name, address,
4.17Social Security number, and signature when health care is delivered due to a medical
4.18condition or disability, a health care provider may act on an applicant's behalf to establish
4.19the date of an initial Minnesota health care program application by providing the county
4.20agency or Department of Human Services with provider identification and a temporary
4.21unique identifier for the applicant. The applicant must complete the remainder of the
4.22application and provide necessary verification before eligibility can be determined. The
4.23applicant must complete the application within the time periods required under the
4.24medical assistance program as specified in Minnesota Rules, parts 9505.0015, subpart
4.255, and 9505.0090, subpart 2. The county agency must assist the applicant in obtaining
4.26verification if necessary.
4.27    (j) County agencies are authorized to use all automated databases containing
4.28information regarding recipients' or applicants' income in order to determine eligibility for
4.29general assistance medical care or MinnesotaCare. Such use shall be considered sufficient
4.30in order to determine eligibility and premium payments by the county agency.
4.31    (k) General assistance medical care is not available for a person in a correctional
4.32facility unless the person is detained by law for less than one year in a county correctional
4.33or detention facility as a person accused or convicted of a crime, or admitted as an
4.34inpatient to a hospital on a criminal hold order, and the person is a recipient of general
4.35assistance medical care at the time the person is detained by law or admitted on a criminal
5.1hold order and as long as the person continues to meet other eligibility requirements
5.2of this subdivision.
5.3    (l) General assistance medical care is not available for applicants or recipients who
5.4do not cooperate with the county agency to meet the requirements of medical assistance.
5.5    (m) In determining the amount of assets of an individual eligible under paragraph
5.6(a), clause (2), item (i), there shall be included any asset or interest in an asset, including
5.7an asset excluded under paragraph (a), that was given away, sold, or disposed of for
5.8less than fair market value within the 60 months preceding application for general
5.9assistance medical care or during the period of eligibility. Any transfer described in this
5.10paragraph shall be presumed to have been for the purpose of establishing eligibility for
5.11general assistance medical care, unless the individual furnishes convincing evidence to
5.12establish that the transaction was exclusively for another purpose. For purposes of this
5.13paragraph, the value of the asset or interest shall be the fair market value at the time it
5.14was given away, sold, or disposed of, less the amount of compensation received. For any
5.15uncompensated transfer, the number of months of ineligibility, including partial months,
5.16shall be calculated by dividing the uncompensated transfer amount by the average monthly
5.17per person payment made by the medical assistance program to skilled nursing facilities
5.18for the previous calendar year. The individual shall remain ineligible until this fixed period
5.19has expired. The period of ineligibility may exceed 30 months, and a reapplication for
5.20benefits after 30 months from the date of the transfer shall not result in eligibility unless
5.21and until the period of ineligibility has expired. The period of ineligibility begins in the
5.22month the transfer was reported to the county agency, or if the transfer was not reported,
5.23the month in which the county agency discovered the transfer, whichever comes first. For
5.24applicants, the period of ineligibility begins on the date of the first approved application.
5.25    (n) When determining eligibility for any state benefits under this subdivision,
5.26the income and resources of all noncitizens shall be deemed to include their sponsor's
5.27income and resources as defined in the Personal Responsibility and Work Opportunity
5.28Reconciliation Act of 1996, title IV, Public Law 104-193, sections 421 and 422, and
5.29subsequently set out in federal rules.
5.30    (o) Undocumented noncitizens and nonimmigrants are ineligible for general
5.31assistance medical care. For purposes of this subdivision, a nonimmigrant is an individual
5.32in one or more of the classes listed in United States Code, title 8, section 1101, subsection
5.33(a), paragraph (15), and an undocumented noncitizen is an individual who resides in
5.34the United States without the approval or acquiescence of the United States Citizenship
5.35and Immigration Services.
6.1    (p) Notwithstanding any other provision of law, a noncitizen who is ineligible for
6.2medical assistance due to the deeming of a sponsor's income and resources, is ineligible
6.3for general assistance medical care.
6.4    (q) Effective July 1, 2003, general assistance medical care emergency services end.

6.5    Sec. 3. Minnesota Statutes 2008, section 256L.04, subdivision 7b, is amended to read:
6.6    Subd. 7b. Annual income limits adjustment. The commissioner shall adjust the
6.7income limits under this section each July 1 by the annual update of the federal poverty
6.8guidelines following publication by the United States Department of Health and Human
6.9Services except that the income standards shall not go below those in effect on July 1,
6.102009."
6.11Amend the title as follows:
6.12Page 1, line 8, after "state;" insert "income standards for eligibility;"
6.13Correct the title numbers accordingly