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S.F. No. 2658 - Human Services Uniform Public Assistance Program Eligibility and Verification Establishment (First Engrossment)
 
Author: Senator Tony Lourey
 
Prepared By: Joan White, Senate Counsel (651/296-3814)
 
Date: March 21, 2014



 

SF No. 2658 establishes a new chapter of law, chapter 256P, which contains uniform procedures for determining the asset limits, earned income disregard, self-employment earnings, and verification of documentation for the General Assistance (GA), Minnesota supplemental aid (MSA), group residential housing (GRH), and the Minnesota family investment (MFIP) programs.  A majority of the sections in the bill incorporate references to the new chapter, and strike redundant and obsolete language in existing law.  The new language establishing the uniform procedures is in Sections 31 to 36.

Section 1(254B.04, subdivision 3) is technical; deletes a reference to a general assistance subdivision that is repealed.

Sections 2 to 8 (256D.02, subdivision 8; 256D.02, subdivision 12; 256D.05, subdivision 5; 256D.06, subdivision 1; 256D.08, subdivision 1; 256D.08; 256D.10) modify the general assistance program, by striking obsolete language and adding cross-references to the new chapter of law with regard to self employment earnings in section 2, the definition of agency in section 3, the transfer of property under section 4, earned income in section 5, and personal property limitations under section 6.

Section 9 to 11 (256D.405, subdivision 1; 256D.405, subdivision 3; 256D.425, subdivision 2) modify the MSA program, by striking obsolete language and adding cross-references to the new chapter of law.  Section 9 strikes language regarding the verification of information and adds a cross-reference to the new chapter. Section10 is technical; changes the term “recipient” to “participant” in order to be consistent across programs. Section 11 clarifies that for individuals receiving SSI, the determination of resources does not change, but for individuals who do not receive SSI, the resource standards  are under the new chapter of law.

Sections 12 and 13 (256I.03; 256I.04, subdivision 1) modify the GRH program.  Section 12 inserts the definition of “agency” and cross-references the definition in the new chapter.  Section 13 references the restrictions and standards in the new chapter.

Sections 14 to 30 (256J.08; 256J.08, subdivision 47; 256J.08, subdivision 57; 256J.08, subdivision 83; 256J.10; 256J.21, subdivision 3; 256J.21, subdivision 4; 256J.30, subdivision 4; 256J.30, subdivision 9; 256J.32, subdivision 1; 256J.33, subdivision 2; 256J.37, as amended by Laws 2013; 256J.425, subdivision 1; 256J.425, subdivision 7; 256J.95, subdivision 8; 256J.95, subdivision 9,; 256J.95, subdivision 10) amend MFIP, by striking obsolete and redundant language, and adding references to the replacement provisions in the new chapter of law.  Sections 22, 26, and 27 strike references to the shared household standard, which is repealed.

Section 31 (256P.001) provides that GA, MSA, GRH, and MFIP are subject to the requirements under this chapter.

Section 32 (256P.01) defines the following terms:  agency, earned income, earned income disregard, equity value, personal property, and self-employment.

Section 33 (256P.02) relates to personal property limitations. The personal property of an assistance unit must not exceed $10,000.  One vehicle per assistance unit member age 16 or older is excluded.  Vehicles that are not excluded are included in the personal property calculation.

Section 34 (256P.03) establishes the earned income disregard, which is the first $65 of earned income plus one-half of the remaining earned income per month. This calculation is based on the SSI disregard, which is the existing calculation for GRH and MSA.

Section 35 (256P.04) specifies the procedures for documenting, verifying, and recertifying eligibility.  The section consolidates existing law primarily from the MFIP statutes in this chapter.

Section 36 (256P.05) adds a new section of law regarding self-employment earnings.  The self-employment earnings calculations are simplified under this section.  The agency must determine self-employment, which is either one-half of the participant’s gross earnings from self-employment, or taxable income as determined by an IRS tax form.  This section specifies that the budget period for self-employment income begins when the participant applies, or when the employment begins.

Section  37 allows the commissioner to continue efforts to simplify and make uniform program requirements.   The commissioner may submit recommendations and a plan to implement prospective budgeting, and other program changes to the legislative committees with jurisdiction over Health and Human Services policy and finance.

Section 38 repeals redundant provisions in the MFIP, GA, GRH, and MSA programs. The repealer of the shared household standard (sections 256J.08, subdivision 82a, and 256J.24 subdivision 9) is not redundant, but was repealed to simplify the eligibility process for MFIP participants.  

 

 
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