1.1.................... moves to amend H.F. No. 9, the second engrossment, as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2012, section 256B.02, is amended by adding a
1.4subdivision to read:
1.5 Subd. 17. Affordable Care Act or ACA. "Affordable Care Act" or "ACA" means
1.6Public Law 111-148, as amended by the federal Health Care and Education Reconciliation
1.7Act of 2010 (Public Law 111-152), and any amendments to, or regulations or guidance
1.8issued under, those acts.
1.9EFFECTIVE DATE.This section is effective January 1, 2014.
1.10 Sec. 2. Minnesota Statutes 2012, section 256B.055, is amended by adding a
1.11subdivision to read:
1.12 Subd. 16. Children ages 19 and 20. Medical assistance may be paid for children
1.13who are 19 to 20 years of age.
1.14EFFECTIVE DATE.This section is effective January 1, 2014.
1.15 Sec. 3. Minnesota Statutes 2012, section 256B.056, subdivision 1a, is amended to read:
1.16 Subd. 1a.
Income and assets generally. (a)(1) Unless specifically required by
1.17state law or rule or federal law or regulation, the methodologies used in counting income
1.18and assets to determine eligibility for medical assistance for persons whose eligibility
1.19category is based on blindness, disability, or age of 65 or more years, the methodologies
1.20for the supplemental security income program shall be used, except as provided under
1.21subdivision 3, paragraph (a), clause (6).
1.22(2) Increases in benefits under title II of the Social Security Act shall not be counted
1.23as income for purposes of this subdivision until July 1 of each year. Effective upon federal
1.24approval, for children eligible under section
256B.055, subdivision 12, or for home and
2.1community-based waiver services whose eligibility for medical assistance is determined
2.2without regard to parental income, child support payments, including any payments
2.3made by an obligor in satisfaction of or in addition to a temporary or permanent order
2.4for child support, and Social Security payments are not counted as income.
For families
2.5and children, which includes all other eligibility categories, the methodologies under the
2.6state's AFDC plan in effect as of July 16, 1996, as required by the Personal Responsibility
2.7and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193,
2.8shall be used, except that effective October 1, 2003, the earned income disregards and
2.9deductions are limited to those in subdivision 1c.
2.10(b)(1) The modified adjusted gross income methodology as defined in the Affordable
2.11Care Act shall be used for eligibility categories based on:
2.12(i) children under age 19 and their parents and relative caretakers as defined in
2.13section 256B.055, subdivision 3a;
2.14(ii) children ages 19 to 20 as defined in section 256B.055, subdivision 16;
2.15(iii) pregnant women as defined in section 256B.055, subdivision 6;
2.16(iv) infants as defined in sections 256B.055, subdivision 10, and 256B.057,
2.17subdivision 8; and
2.18(v) adults without children as defined in section 256B.055, subdivision 15.
2.19 For these purposes, a "methodology" does not include an asset or income standard,
2.20or accounting method, or method of determining effective dates.
2.21(2) For individuals whose income eligibility is determined using the modified
2.22adjusted gross income methodology in clause (1), the commissioner shall subtract from
2.23the individual's modified adjusted gross income an amount equivalent to five percent
2.24of the federal poverty guidelines.
2.25EFFECTIVE DATE.This section is effective January 1, 2014.
2.26 Sec. 4. Minnesota Statutes 2012, section 256B.056, subdivision 3c, is amended to read:
2.27 Subd. 3c.
Asset limitations for families and children. (a) A household of two or
2.28more persons must not own more than $20,000 in total net assets, and a household of one
2.29person must not own more than $10,000 in total net assets. In addition to these maximum
2.30amounts, an eligible individual or family may accrue interest on these amounts, but they
2.31must be reduced to the maximum at the time of an eligibility redetermination. The value of
2.32assets that are not considered in determining eligibility for medical assistance for families
2.33and children is the value of those assets excluded under the AFDC state plan as of July 16,
2.341996, as required by the Personal Responsibility and Work Opportunity Reconciliation
2.35Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:
3.1(1) household goods and personal effects are not considered;
3.2(2) capital and operating assets of a trade or business up to $200,000 are not
3.3considered, except that a bank account that contains personal income or assets, or is used to
3.4pay personal expenses, is not considered a capital or operating asset of a trade or business;
3.5(3) one motor vehicle is excluded for each person of legal driving age who is
3.6employed or seeking employment;
3.7(4) assets designated as burial expenses are excluded to the same extent they are
3.8excluded by the Supplemental Security Income program;
3.9(5) court-ordered settlements up to $10,000 are not considered;
3.10(6) individual retirement accounts and funds are not considered;
3.11(7) assets owned by children are not considered; and
3.12(8) effective July 1, 2009, certain assets owned by American Indians are excluded as
3.13required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
3.14Law 111-5. For purposes of this clause, an American Indian is any person who meets the
3.15definition of Indian according to Code of Federal Regulations, title 42, section
447.50.
3.16The assets specified in clause (2) must be disclosed to the local agency at the time of
3.17application and at the time of an eligibility redetermination, and must be verified upon
3.18request of the local agency.
3.19(b) Beginning January 1, 2014, this subdivision applies only to parents and caretaker
3.20relatives who qualify for medical assistance under subdivision 5.
3.21EFFECTIVE DATE.This section is effective January 1, 2014.
3.22 Sec. 5. Minnesota Statutes 2012, section 256B.056, subdivision 4, is amended to read:
3.23 Subd. 4.
Income. (a) To be eligible for medical assistance, a person eligible under
3.24section
256B.055, subdivisions 7, 7a, and 12, may have income up to 100 percent of
3.25the federal poverty guidelines. Effective January 1, 2000, and each successive January,
3.26recipients of supplemental security income may have an income up to the supplemental
3.27security income standard in effect on that date.
3.28(b) To be eligible for medical assistance, families and children may have an income
3.29up to 133-1/3 percent of the AFDC income standard in effect under the July 16, 1996,
3.30AFDC state plan. Effective July 1, 2000, the base AFDC standard in effect on July 16,
3.311996, shall be increased by three percent.
3.32(c) Effective
July 1, 2002 January 1, 2014, to be eligible for medical assistance,
3.33families and children under section 256B,055, subdivision 3a, a parent or caretaker
3.34relative may have an income up to
100 133 percent of the federal poverty guidelines for
3.35the
family household size.
4.1(d) To be eligible for medical assistance under section
256B.055, subdivision 15,
4.2a person may have an income up to
75 133 percent of federal poverty guidelines for
4.3the
family household size.
4.4(e)
In computing income to determine eligibility of persons under paragraphs (a) to
4.5(d) who are not residents of long-term care facilities, the commissioner shall disregard
4.6increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509.
4.7Veterans aid and attendance benefits and Veterans Administration unusual medical
4.8expense payments are considered income to the recipient To be eligible for medical
4.9assistance under section 256B.055, subdivision 16, a child may have an income up to 133
4.10percent of the federal poverty guidelines for the household size.
4.11(f) In computing income to determine eligibility of persons under paragraphs (a) to
4.12(e) who are not residents of long-term care facilities, the commissioner shall disregard
4.13increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509.
4.14For persons eligible under paragraph (a), veteran aid and attendance benefits and Veterans
4.15Administration unusual medical expense payments are considered income to the recipient.
4.16EFFECTIVE DATE.This section is effective January 1, 2014.
4.17 Sec. 6.
CONTINGENT SUNSET.
4.18If at any time, the commissioner of human services determines that all federal funding
4.19will cease for the expansion authorized by the amendment in this act to section 256B.056,
4.20subdivision 4, the eligibility standards for medical assistance shall revert to the standards
4.21that existed on December 31, 2013. For this sunset to occur, the commissioner of human
4.22services must notify the chairs and ranking minority members of the legislative committees
4.23with jurisdiction over health and human services policy and finance, within 60 days of
4.24determining that all federal funding has ceased, and the reversion to the medical assistance
4.25eligibility standards that existed on December 31, 2013, shall become effective on July 1
4.26of the calendar year following the calendar year in which all federal funding ceases.
4.27EFFECTIVE DATE.This section is effective January 1, 2014.
4.28 Sec. 7.
TRANSFER.
4.29The commissioner of management and budget shall transfer from the health care
4.30access fund to the general fund up to $21,319,000 in fiscal year 2014; up to $42,314,000
4.31in fiscal year 2015; up to $56,147,000 in fiscal year 2016; and up to $64,683,000 in fiscal
4.32year 2017.
4.33EFFECTIVE DATE.This section is effective January 1, 2014."
5.1Amend the title accordingly