reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9685 — Establishment Of Inpatient Hospital Payment System.

256.9685 ESTABLISHMENT OF INPATIENT HOSPITAL PAYMENT SYSTEM.
Subdivision 1.
Authority.
The commissioner shall establish procedures for determining medical assistance payment rates under a prospective payment system for inpatient hospital services in hospitals that qualify as vendors of medical assistance. The commissioner shall establish, by rule, procedures for implementing this section and sections 256.9686, 256.969, and 256.9695. Services must meet the requirements of section 256B.04, subdivision 15, to be eligible for payment.
Subd. 1a.
Administrative reconsideration.
Notwithstanding section 256B.04, subdivision 15, the commissioner shall establish an administrative reconsideration process for appeals of inpatient hospital services determined to be medically unnecessary. A physician, advanced practice registered nurse, physician assistant, or hospital may request a reconsideration of the decision that inpatient hospital services are not medically necessary by submitting a written request for review to the commissioner within 45 calendar days after the date the notice of the decision was mailed. The request for reconsideration must be reviewed by at least one medical review agent that is independent of the case under reconsideration. The medical review agent shall make a recommendation to the commissioner. The commissioner's decision on reconsideration is final and not subject to appeal under chapter 14.
Subd. 1b.
Appeal of reconsideration.
The commissioner's decision under subdivision 1a is appealable by petition for writ of certiorari under chapter 606.
Subd. 1c.
MS 2022 [Repealed, 2023 c 70 art 17 s 63]
Subd. 1d.
MS 2022 [Repealed, 2023 c 70 art 17 s 63]
Subd. 2.
Federal requirements.
If it is determined that a provision of this section or section 256.9686, 256.969, or 256.9695 conflicts with existing or future requirements of the United States government with respect to federal financial participation in medical assistance, the federal requirements prevail. The commissioner may, in the aggregate, prospectively reduce payment rates to avoid reduced federal financial participation resulting from rates that are in excess of the Medicare limitations.
History:
1989 c 282 art 3 s 36; 1991 c 292 art 4 s 22; 1992 c 513 art 7 s 22; 1Sp1993 c 1 art 5 s 17; 1995 c 207 art 6 s 16-18; 1997 c 187 art 1 s 19; 1998 c 407 art 4 s 8; 1999 c 245 art 4 s 24; 2002 c 277 s 7; 2014 c 312 art 24 s 3,4; 1Sp2017 c 6 art 4 s 5,6; 2020 c 115 art 4 s 105-107; 2022 c 58 s 128-130; 2023 c 70 art 17 s 37,38
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9686 — Definitions.

256.9686 DEFINITIONS.
Subdivision 1.
Scope.
For purposes of this section and sections 256.969 and 256.9695, the following terms and phrases have the meanings given.
Subd. 2.
Base year.
"Base year" means a hospital's fiscal year or years that is recognized by the Medicare program or a hospital's fiscal year specified by the commissioner if a hospital is not required to file information by the Medicare program from which cost and statistical data are used to establish medical assistance payment rates.
Subd. 3.
Case mix index.
"Case mix index" means a hospital's distribution of relative values among the diagnostic categories.
Subd. 4.
Charges.
"Charges" means the usual and customary payment requested of the general public.
Subd. 5.
Commissioner.
"Commissioner" means the commissioner of human services.
Subd. 6.
Hospital.
"Hospital" means a facility defined in section 144.696, subdivision 3, and licensed under sections 144.50 to 144.58, an out-of-state facility licensed to provide acute care under the requirements of that state in which it is located, or an Indian health service facility designated to provide acute care by the federal government.
Subd. 7.
Medical assistance.
"Medical assistance" means the program established under chapter 256B and Title XIX of the Social Security Act.
Subd. 7a.
Medical review agent.
"Medical review agent" means the representative of the commissioner who is authorized by the commissioner to administer medical record reviews; conduct administrative reconsiderations as defined by section 256.9685, subdivision 1a; and perform other functions as stipulated in the terms of the agent's contract with the department. Medical records reviews and administrative reconsiderations will be performed by medical professionals within their scope of expertise, including but not limited to physicians, physician assistants, advanced practice registered nurses, and registered nurses. The medical professional performing the review or reconsideration must be on staff with the medical review agent, in good standing, and licensed to practice in the state where the medical professional resides.
Subd. 8.
Rate year.
"Rate year" means a calendar year from January 1 to December 31. Effective with the 2012 base year, rate year means a state fiscal year from July 1 to June 30.
Subd. 9.
Relative value.
"Relative value" means the average allowable cost of inpatient services provided within a diagnostic category divided by the average allowable cost of inpatient services provided in all diagnostic categories.
History:
1989 c 282 art 3 s 37; 1991 c 292 art 4 s 23,24; 1993 c 339 s 10; 2014 c 312 art 24 s 5; 2016 c 158 art 2 s 68; 1Sp2017 c 6 art 4 s 7; 2023 c 70 art 17 s 39
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9693 — Inpatient Treatment For Mental Illness.

256.9693 INPATIENT TREATMENT FOR MENTAL ILLNESS.
The commissioner shall establish a continuing care benefit program for persons with mental illness in which persons with mental illness may obtain acute care hospital inpatient treatment for mental illness for up to 45 days beyond that allowed by section 256.969. The commissioner may authorize additional days beyond 45 based on an individual review of medical necessity. Persons with mental illness who are eligible for medical assistance may obtain inpatient treatment under this program in hospital beds for which the commissioner contracts under this section. The commissioner may selectively contract with hospitals to provide this benefit through competitive bidding when reasonable geographic access by recipients can be assured. Payments under this section shall not affect payments under section 256.969. The commissioner may contract externally with a utilization review organization to authorize persons with mental illness to access the continuing care benefit program. The commissioner, as part of the contracts with hospitals, shall establish admission criteria to allow persons with mental illness to access the continuing care benefit program. If a court orders acute care hospital inpatient treatment for mental illness for a person, the person may obtain the treatment under the continuing care benefit program. The commissioner shall not require, as part of the admission criteria, any commitment or petition under chapter 253B as a condition of accessing the program. This benefit is not available for people who are also eligible for Medicare and who have not exhausted their annual or lifetime inpatient psychiatric benefit under Medicare. If a recipient is enrolled in a prepaid plan, this program is included in the plan's coverage.
History:
1Sp2001 c 9 art 9 s 38; 2002 c 379 art 1 s 113; 2005 c 165 art 1 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.974 — Office Of Ombudsman For Long-term Care.

256.974 OFFICE OF OMBUDSMAN FOR LONG-TERM CARE.
The ombudsman for long-term care serves in the classified service under section 256.01, subdivision 7, in an office within the Minnesota Board on Aging that incorporates the long-term care ombudsman program required by the Older Americans Act, as amended, United States Code, title 42, sections 3027(a)(9) and 3058g(a), and Code of Federal Regulations, title 45, parts 1321 and 1327. The office shall be a distinct entity, separately identifiable from other state agencies and may not be an agency engaged in the provision of nursing home care, hospital care, or home care services either directly or by contract, or have the responsibility for planning, coordinating, funding, or administering nursing home care, hospital care, or home care services.
History:
1987 c 403 art 2 s 66; 1989 c 282 art 2 s 115; 2007 c 147 art 6 s 9; 2016 c 163 art 1 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9741 — Definitions.

256.9741 DEFINITIONS.
Subdivision 1.
Long-term care facility.
"Long-term care facility" means a nursing home licensed under sections 144A.02 to 144A.10; a boarding care home licensed under sections 144.50 to 144.56; an assisted living facility or an assisted living facility with dementia care licensed under chapter 144G; a licensed or registered residential setting that provides or arranges for the provision of home care services; or a setting defined under section 144G.08, subdivision 7, clauses (10) to (13), that provides or arranges for the provision of home care services.
Subd. 2.
Acute care facility.
"Acute care facility" means a facility licensed as a hospital under sections 144.50 to 144.56.
Subd. 3.
Client.
"Client" means an individual who requests, or on whose behalf a request is made for, ombudsman services and is (a) a resident of a long-term care facility or (b) a Medicare beneficiary who requests assistance relating to access, discharge, or denial of inpatient or outpatient services, or (c) an individual reserving, receiving, or requesting a home care service.
Subd. 4.
Area agency on aging.
"Area agency on aging" means an agency responsible for coordinating a comprehensive aging services system within a planning and service area that has been designated an area agency on aging by the Minnesota Board on Aging.
Subd. 5.
Office.
"Office" means the organizational unit established within the Minnesota Board on Aging headed by the state long-term care ombudsman.
Subd. 6.
Home care service.
"Home care service" means health, social, or supportive services provided to an individual for a fee in the individual's residence and in the community to promote, maintain, or restore health, or maximize the individual's level of independence, while minimizing the effects of disability and illness.
Subd. 7.
Representatives of the office.
"Representatives of the office" means employees of the office, as well as employees designated as regional ombudsmen and volunteers designated as certified ombudsman volunteers by the state long-term care ombudsman.
Subd. 8.
State long-term care ombudsman.
"State long-term care ombudsman" or "ombudsman" means the individual serving on a full-time basis and who in the individual's official capacity, or through representatives of the office, is responsible to fulfill the functions, responsibilities, and duties set forth in section 256.9742.
History:
1987 c 403 art 2 s 67; 1989 c 282 art 2 s 116-118; 2007 c 147 art 6 s 10,11; 2016 c 163 art 1 s 2-4; 2017 c 40 art 1 s 61; 2019 c 60 art 1 s 47; art 4 s 27; 2021 c 30 art 12 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9744 — Office Data.

256.9744 OFFICE DATA.
Subdivision 1.
Classification.
Except as provided in this section, data maintained by the office under sections 256.974 to 256.9744 are private data on individuals or nonpublic data as defined in section 13.02, subdivision 9 or 12, and must be maintained in accordance with the requirements of the Older Americans Act, as amended, United States Code, title 42, section 3058g(d).
Subd. 2.
Release.
Data maintained by the office that does not relate to the identity of a complainant, a client receiving home-care services, or a resident of a long-term facility may be released at the discretion of the ombudsman responsible for maintaining the data. Data relating to the identity of a complainant, a client receiving home-care services, or a resident of a long-term facility may be released only with the consent of the complainant, the client or resident or by court order.
History:
1987 c 403 art 2 s 70; 1989 c 282 art 2 s 120; 1997 c 203 art 9 s 7; 2007 c 147 art 6 s 15
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9752 — Senior Nutrition Programs.

256.9752 SENIOR NUTRITION PROGRAMS.
Subdivision 1.
Program goals.
It is the goal of all agencies on aging and senior nutrition programs to support the physical and mental health of seniors living in the community by:
(1) promoting nutrition programs that serve senior citizens in their homes and communities; and
(2) providing, within the limit of funds available, the support services that will enable the senior citizen to access nutrition programs in the most cost-effective and efficient manner.
Subd. 1a.
Food delivery support account; appropriation.
(a) A food delivery support account is established in the special revenue fund. The account consists of funds under section 174.49, subdivision 2, and as provided by law and any other money donated, allotted, transferred, or otherwise provided to the account.
(b) Money in the account is annually appropriated to the commissioner of human services for grants to nonprofit organizations to provide transportation of home-delivered meals, groceries, purchased food, or a combination, to Minnesotans who are experiencing food insecurity and have difficulty obtaining or preparing meals due to limited mobility, disability, age, or resources to prepare their own meals. A nonprofit organization must have a demonstrated history of providing and distributing food customized for the population that they serve.
(c) Grant funds under this subdivision must supplement, but not supplant, any state or federal funding used to provide prepared meals to Minnesotans experiencing food insecurity.
Subd. 2.
Authority.
The Minnesota Board on Aging shall allocate to area agencies on aging the state and federal funds which are received for the senior nutrition programs of congregate dining and home-delivered meals in a manner consistent with federal requirements.
Subd. 3.
Nutrition support services.
(a) Funds allocated to an area agency on aging for nutrition support services may be used for the following:
(1) transportation of home-delivered meals and purchased food and medications to the residence of a senior citizen;
(2) expansion of home-delivered meals into unserved and underserved areas;
(3) transportation to supermarkets or delivery of groceries from supermarkets to homes;
(4) vouchers for food purchases at selected restaurants in isolated rural areas;
(5) the Supplemental Nutrition Assistance Program (SNAP) outreach;
(6) transportation of seniors to congregate dining sites;
(7) nutrition screening assessments and counseling as needed by individuals with special dietary needs, performed by a licensed dietitian or nutritionist; and
(8) other appropriate services which support senior nutrition programs, including new service delivery models.
(b) An area agency on aging may transfer unused funding for nutrition support services to fund congregate dining services and home-delivered meals.
History:
1996 c 451 art 6 s 10; 1Sp2003 c 14 art 1 s 106; 2014 c 312 art 27 s 51; 1Sp2019 c 9 art 1 s 42; 2023 c 68 art 3 s 19
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9753 — Volunteer Programs For Retired Senior Citizens.

256.9753 VOLUNTEER PROGRAMS FOR RETIRED SENIOR CITIZENS.
Subdivision 1.
Policy.
The legislature finds that the services of volunteers are crucial to the effectiveness of public and private human services programs in the state. The legislature further finds that retired senior citizens are an excellent source of volunteer services, and that by recognizing and supporting retired senior volunteer programs the state will be serving the interests of human services as well as the interests of those senior citizens who participate in the volunteer programs.
Subd. 2.
State support.
The Board on Aging, with the cooperation of heads of other affected state agencies, shall provide staff and material support and shall make financial grants consistent with the purposes of subdivisions 1 to 4, to retired senior volunteer programs in the state. This support may include reimbursement of expenses incurred by program participants in the performance of their volunteer activities.
Subd. 3.
Expenditures.
The board shall consult with the commissioner of human services, prior to expending money available for the retired senior volunteer programs. Expenditures shall be made (1) to strengthen and expand existing retired senior volunteer programs, and (2) to encourage the development of new programs in areas in the state where these programs do not exist. Grants shall be made consistent with applicable federal guidelines.
Subd. 4.
[Repealed, 2014 c 262 art 4 s 9]
History:
1980 c 455 s 1-4; 1996 c 305 art 1 s 57; 2002 c 220 art 10 s 33
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9755 — Caregiver Support Programs.

256.9755 CAREGIVER SUPPORT PROGRAMS.
Subdivision 1.
Program goals.
It is a goal of all area agencies on aging and caregiver support programs to support family caregivers of persons with amyotrophic lateral sclerosis (ALS) who are living in the community by:
(1) promoting caregiver support programs that serve Minnesotans in their homes and communities;
(2) providing, within the limits of available funds, the caregiver support services that enable the family caregiver to access caregiver support programs in the most cost-effective and efficient manner; and
(3) providing information, education, and training to respite caregivers and volunteers about caring for, managing, and coping with care for a person with ALS.
Subd. 2.
Authority.
The Minnesota Board on Aging shall allocate to area agencies on aging the state funds which are received under this section for the caregiver support program in a manner consistent with federal requirements. The board shall give priority to those areas where there is a high need of respite services as evidenced by the data provided by the board.
Subd. 3.
Caregiver support services.
Funds allocated under this section to an area agency on aging for caregiver support services must be used in a manner consistent with the National Family Caregiver Support Program to reach family caregivers of persons with ALS, except that such funds may be used to provide services benefiting people under the age of 60 and their caregivers. The funds must be used to provide social, community-based services and activities that provide social interaction for participants. The funds may also be used to provide respite care.
Subd. 4.
Report.
By January 15, 2025, and every other January 15 thereafter, the Minnesota Board on Aging shall submit a progress report about the caregiver support grants in this section to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over human services. The progress report must include metrics of the use of the grant program.
History:
2022 c 42 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9756 — Caregiver Respite Services Grants.

256.9756 CAREGIVER RESPITE SERVICES GRANTS.
Subdivision 1.
Caregiver respite services grant program established.
The Minnesota Board on Aging must establish a caregiver respite services grant program to increase the availability of respite services for family caregivers of people with dementia and older adults and to provide information, education, and training to respite caregivers and volunteers regarding caring for people with dementia. From the money made available for this purpose, the board must award grants on a competitive basis to respite service providers, giving priority to areas of the state where there is a high need of respite services.
Subd. 2.
Eligible uses.
Grant recipients awarded grant money under this section must use a portion of the grant award as determined by the board to provide free or subsidized respite services for family caregivers of people with dementia and older adults.
Subd. 3.
Report.
By January 15, 2026, the board shall submit a progress report about the caregiver respite services grants in this section to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over human services finance and policy. The progress report must include metrics of the use of grant program money. This subdivision expires upon submission of the report. The board shall notify the revisor of statutes when the report is submitted.
History:
2023 c 61 art 2 s 3
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.977 — Senior Companion Program.

256.977 SENIOR COMPANION PROGRAM.
Subdivision 1.
Citation.
This section may be cited as the "Minnesota Senior Companion Act."
Subd. 2.
Establishment of program.
There is established a senior companion program to engage the services of low-income persons aged 60 or over to provide supportive person to person assistance in health, education, welfare and related fields primarily to adults with a disability and elderly people living in their own homes. Senior companions may also be used to provide such services to adults with a disability and elderly persons living or receiving care in resident group homes for dependent and neglected persons, nursing homes, private homes, or other public or private nonprofit institutions or agencies providing care for adults with a disability or elderly persons. Foster grandparents currently serving individuals over 21 years of age pursuant to section 256.976 shall, after July 1, 1976, be called senior companions.
Subd. 3.
Compensation.
Persons serving as senior companions shall be compensated for no more than 20 hours per week at an hourly rate not to exceed the rate established under the Older Americans Act. In addition, senior companions shall receive such other assistance as the Minnesota Board on Aging may prescribe. No person serving as a senior companion shall be terminated as a result of a change in the eligibility requirements set by the Minnesota Board on Aging, nor as a result of a change in income, marital status, or number of dependents.
Subd. 4.
Grants.
The Minnesota Board on Aging may make grants-in-aid for the purchase of senior companion services by nonprofit agencies and institutions and individuals who have access to or responsibility for adults with a disability and the elderly. Applications to provide senior companion services to individuals in their homes shall have priority over applications to provide services to individuals living in group homes, nursing homes, or other institutions. Applications for grants shall be made on forms prescribed by the Minnesota Board on Aging.
Grants shall be paid as follows: 90 percent of the program expenditures authorized by the Minnesota Board on Aging shall be paid by the state and ten percent shall be paid by local matching funds. Grants shall be for a period of 12 months or less. Grants shall not be used to match other state funds nor shall any person paid from grant funds be used to replace any staff members of the grantee. Each grantee shall file a semiannual report with the Minnesota Board on Aging at the time and containing the information as the board shall prescribe.
Subd. 5.
Rules.
The Minnesota Board on Aging shall promulgate rules necessary to implement the provisions of this section and may employ necessary assistance in performing its administrative duties. Rules adopted shall be consistent with applicable federal guidelines.
History:
1976 c 323 s 1-2; 1986 c 444; 2005 c 56 s 1; 2017 c 40 art 1 s 121
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.979 — Child Support Incentives.

256.979 CHILD SUPPORT INCENTIVES.
Subdivision 1.
[Repealed, 1993 c 340 s 60; 1Sp1993 c 6 s 35]
Subd. 2.
[Repealed, 1993 c 340 s 60; 1Sp1993 c 6 s 35]
Subd. 3.
[Repealed, 1993 c 340 s 60; 1Sp1993 c 6 s 35]
Subd. 4.
[Repealed, 1993 c 340 s 60; 1Sp1993 c 6 s 35]
Subd. 5.
[Repealed, 1Sp2011 c 9 art 1 s 35]
Subd. 6.
[Repealed, 1Sp2011 c 9 art 1 s 35]
Subd. 7.
[Repealed, 1Sp2011 c 9 art 1 s 35]
Subd. 8.
[Repealed, 2010 c 200 art 1 s 21]
Subd. 9.
[Repealed, 1997 c 203 art 6 s 93]
Subd. 10.
[Repealed, 1Sp2011 c 9 art 1 s 35]
Subd. 11.
Federal child support incentives.
(a) The commissioner of human services shall distribute to the counties the earned federal child support incentive payments using the methodology specified in Title IV-D of the Social Security Act and applicable federal regulations for earning federal incentives by the states except for the paternity portion of the incentive. The commissioner shall distribute the federal paternity incentive earned using the IV-D paternity establishment percentage. The commissioner shall follow the federal transition plans in distributing the incentives to the counties. The commissioner shall distribute to the county child support agency estimated federal incentive payments within 60 days after the end of each calendar quarter. The commissioner shall issue actual federal incentive payments to the county agency within 60 days of receiving the final federal incentive grant award from the federal agency.
(b) The county child support agency shall reinvest incentive funds disbursed under this section in the county child support enforcement program. These funds may not be used by a county to reduce funding of the child support enforcement program by the amount of the incentive earned below the base amount allowed under the applicable federal regulations. The county agency shall maintain a record of incentives earned and expended according to a procedure approved by the commissioner. The county agency shall repay any incentive erroneously issued.
History:
1987 c 403 art 3 s 25; 1993 c 340 s 8-11; 1994 c 529 s 8; 1995 c 178 art 2 s 22; 1997 c 245 art 1 s 4-8; 2000 c 458 s 3; 1Sp2001 c 9 art 12 s 5,6; art 15 s 32; 2002 c 344 s 6,7; 2002 c 379 art 1 s 113; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.981 — Training Of Welfare Fraud Prosecutors.

256.981 TRAINING OF WELFARE FRAUD PROSECUTORS.
The commissioner of human services shall, to the extent an appropriation is provided for this purpose, contract with the county attorney's council or other public or private entity experienced in providing training for prosecutors to conduct quarterly workshops and seminars focusing on current Minnesota family investment program issues, other income maintenance program changes, recovery issues, alternative sentencing methods, use of technical aids for interviews and interrogations, and other matters affecting prosecution of welfare fraud cases.
History:
1987 c 403 art 2 s 154; 1997 c 85 art 4 s 14; 1999 c 159 s 48
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.982 — Training Of Welfare Fraud Investigators.

256.982 TRAINING OF WELFARE FRAUD INVESTIGATORS.
The commissioner of human services shall, to the extent an appropriation is provided for this purpose, establish a pilot project for further education and training of welfare fraud investigators. The commissioner may enter into contractual agreements with other state, federal, or county agencies as part of cooperative projects employing experienced investigators to provide on-the-job training to county investigators.
History:
1987 c 403 art 2 s 155
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9831 — Benefits; Gambling Establishments.

256.9831 BENEFITS; GAMBLING ESTABLISHMENTS.
Subdivision 1.
Definition.
For purposes of this section, "gambling establishment" means a racetrack licensed under section 240.06 or 240.09, a casino operated under a tribal-state compact under section 3.9221, or any other establishment that receives at least 50 percent of its gross revenue from the conduct of gambling.
Subd. 2.
Financial transaction cards.
The commissioner shall take all actions necessary to ensure that no person may obtain benefits under chapter 256, 256D, or 256J through the use of a financial transaction card, as defined in section 609.821, subdivision 1, paragraph (a), at a terminal located in or attached to a gambling establishment, liquor store, tobacco store, or tattoo parlor.
Subd. 3.
Warrants.
The commissioner shall take all actions necessary to ensure that warrants issued to pay benefits under chapter 256 or 256D bear a restrictive endorsement that prevents their being cashed in a gambling establishment.
History:
1996 c 465 art 3 s 27; 2006 c 212 art 3 s 18; 2012 c 247 art 3 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.984 — Declaration And Penalty.

256.984 DECLARATION AND PENALTY.
Subdivision 1.
Declaration.
Every application for public assistance under this chapter or chapters 256B, 256D, 256J, and 256L; child care programs under chapter 119B; and the Supplemental Nutrition Assistance Program (SNAP) benefits under chapter 393 shall be in writing or reduced to writing as prescribed by the state agency and shall contain the following declaration which shall be signed by the applicant:
"I declare under the penalties of perjury that this application has been examined by me and to the best of my knowledge is a true and correct statement of every material point. I understand that a person convicted of perjury may be sentenced to imprisonment of not more than five years or to payment of a fine of not more than $10,000, or both."
Subd. 2.
Penalty.
Any person who willfully and falsely makes the declaration in subdivision 1 is guilty of perjury and shall be subject to the penalties prescribed in section 609.48.
History:
1991 c 292 art 5 s 28; 1997 c 85 art 5 s 13; 1Sp2001 c 9 art 10 s 66; 1Sp2003 c 14 art 1 s 2; 2007 c 147 art 2 s 20; 1Sp2019 c 9 art 1 s 42
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.986 — County Coordination Of Fraud Control Activities.

256.986 COUNTY COORDINATION OF FRAUD CONTROL ACTIVITIES.
(a) The county agency shall prepare and submit to the commissioner of human services by April 30 of each state fiscal year a plan to coordinate county duties related to the prevention, investigation, and prosecution of fraud in public assistance programs. Each county must submit its first annual plan prior to April 30, 1998.
(b) Within the limits of appropriations specifically made available for this purpose, the commissioner may make grants to counties submitting plans under paragraph (a) to implement coordination activities.
History:
1995 c 178 art 2 s 25; 1997 c 85 art 5 s 14
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9862 — Electronic Benefit Transaction Card Fee.

256.9862 ELECTRONIC BENEFIT TRANSACTION CARD FEE.
Subdivision 1.
Replacement card.
The commissioner of human services may charge a cardholder, defined as a person in whose name the transaction card was issued, a $2 fee to replace an electronic benefit transaction card. The fees shall be appropriated to the commissioner and used for electronic benefit purposes.
Subd. 2.
Transaction fee.
The commissioner may charge transaction fees in accordance with this subdivision up to a maximum of $10 in transaction fees per cardholder per month. In a given month, the first four cash withdrawals made by an individual cardholder are free. For subsequent cash withdrawals, $1 may be charged. No transaction fee can be charged if the card is used to purchase goods or services on a point of sale basis. A transaction fee subsequently set by the federal government may supersede a fee established under this subdivision. The fees shall be appropriated to the commissioner and used for electronic benefit purposes.
History:
1995 c 207 art 2 s 34; 2012 c 247 art 3 s 30
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9863 — Electronic Benefit Transaction Card; Receipt Of Benefits.

256.9863 ELECTRONIC BENEFIT TRANSACTION CARD; RECEIPT OF BENEFITS.
Any person in whose name an electronic benefit transaction card has been issued shall be presumed to have received the benefit of all transactions involving that card. This presumption applies in all situations unless the card in question has been reported lost or stolen by the cardholder. This presumption may be overcome by a preponderance of evidence indicating that the card was neither used by nor with the consent of the cardholder. Overcoming this presumption does not create any new or additional payment obligation not otherwise established in law, rule, or regulation.
History:
1997 c 85 art 5 s 19; 2012 c 247 art 3 s 30
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9864 — Reports By Recipient.

256.9864 REPORTS BY RECIPIENT.
(a) An assistance unit with a recent work history or with earned income shall report monthly to the county agency on income received and other circumstances affecting eligibility or assistance amounts. All other assistance units shall report on income and other circumstances affecting eligibility and assistance amounts, as specified by the state agency.
(b) An assistance unit required to submit a report on the form designated by the commissioner and within ten days of the due date or the date of the significant change, whichever is later, or otherwise report significant changes which would affect eligibility or assistance amounts, is considered to have continued its application for assistance effective the date the required report is received by the county agency, if a complete report is received within a calendar month in which assistance was received.
History:
1997 c 85 art 5 s 20; 1998 c 407 art 6 s 11
NOTE:
This section is repealed by Laws 2023, chapter 70, article 10, section 98, effective March 1, 2025. Laws 2023, chapter 70, article 10, section 98, the effective date.
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9865 — Recovery Of Overpayments And Atm Errors.

256.9865 RECOVERY OF OVERPAYMENTS AND ATM ERRORS.
Subdivision 1.
Obligation to recover.
If an amount of MFIP assistance is paid to a recipient in excess of the payment due, it shall be recoverable by the county agency. This recovery authority also extends to preexisting claims or newly discovered claims established under the AFDC program in effect on January 1, 1997. The agency shall give written notice to the recipient of its intention to recover the overpayment. County agency efforts and financial contributions shall be maintained at the level in place during fiscal year 1996.
Subd. 2.
Recoupment.
When an overpayment occurs, the county agency shall recover the overpayment from a current recipient by reducing the amount of aid payable to the assistance unit of which the recipient is a member for one or more monthly assistance payments until the overpayment is repaid. All county agencies in the state shall reduce the assistance payment by three percent of the assistance unit's standard of need in nonfraud cases and ten percent where fraud has occurred. For recipients receiving benefits via electronic benefits transfer, if the overpayment is a result of an automated teller machine (ATM) dispensing funds in error to the recipient, the agency may recover the ATM error by immediately withdrawing funds from the recipient's electronic benefit transfer account, up to the amount of the error. In cases where there is both an overpayment and underpayment, the county agency shall offset one against the other in correcting the payment.
Subd. 3.
Voluntary repayments.
Overpayments may also be voluntarily repaid, in part or in full, by the individual, in addition to the aid reductions in subdivision 2, to include further voluntary reductions in the grant level agreed to in writing by the individual, until the total amount of the overpayment is repaid.
Subd. 4.
Closed case recoveries.
The county agency shall make reasonable efforts to recover overpayments to persons no longer on assistance according to standards adopted by rule by the commissioner of human services. The county agency need not attempt to recover overpayments of less than $35 paid to an individual no longer on assistance unless the individual has been convicted of fraud under section 256.98.
History:
1997 c 85 art 5 s 21; 1Sp2001 c 9 art 10 s 66
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9866 — Community Service As A County Obligation.

256.9866 COMMUNITY SERVICE AS A COUNTY OBLIGATION.
Community service shall be an acceptable sentencing option but shall not reduce the state or federal share of any amount to be repaid or any subsequent recovery. Any reduction or offset of any such amount ordered by a court shall be treated as follows:
(1) any reduction in an overpayment amount, to include the amount ordered as restitution, shall not reduce the underlying amount established as an overpayment by the state or county agency;
(2) total overpayments shall continue as a debt owed and may be recovered by any civil or administrative means otherwise available to the state or county agency; and
(3) any amount ordered to be offset against any overpayment shall be deducted from the county share only of any recovery and shall be based on the prevailing state minimum wage.
History:
1997 c 85 art 5 s 22; 2002 c 277 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9871 — Requirement For Liquor Stores, Tobacco Stores, Gambling Establishments, And Tattoo Parlors.

256.9871 REQUIREMENT FOR LIQUOR STORES, TOBACCO STORES, GAMBLING ESTABLISHMENTS, AND TATTOO PARLORS.
Liquor stores, tobacco stores, gambling establishments, and tattoo parlors must negotiate with their third-party processors to block EBT card cash transactions at their places of business and withdrawals of cash at automatic teller machines located in their places of business.
History:
1Sp2011 c 9 art 1 s 33
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.9872 — Ebt Transaction Costs; Supplemental Nutrition Assistance Program.

256.9872 EBT TRANSACTION COSTS; SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
The commissioner of human services shall not subsidize retailers for electronic benefit transfer Supplemental Nutrition Assistance Program transactions.
History:
2013 c 108 art 3 s 42
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.99 — Reverse Mortgage Proceeds Disregarded.

256.99 REVERSE MORTGAGE PROCEEDS DISREGARDED.
All reverse mortgage loan proceeds received, including interest or earnings thereon, shall be disregarded and shall not be considered available to the borrower for purposes of determining initial or continuing eligibility for, or amount of, medical assistance, Minnesota supplemental assistance, general assistance, or a federal or state low interest loan or grant. This section applies regardless of the time elapsed since the loan was made or the disposition of the proceeds.
For purposes of medical assistance eligibility provided under sections 256B.055, 256B.056, and 256B.06, proceeds from a reverse mortgage must be disregarded as income in the month of receipt but are a resource if retained after the month of receipt.
History:
1979 c 265 s 2; 3Sp1981 c 3 s 16; 1985 c 252 s 18; 1988 c 689 art 2 s 268; 1996 c 414 art 1 s 35; 2016 c 158 art 2 s 71
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.991 — Rules.

256.991 RULES.
The commissioner of human services may promulgate rules as necessary to implement sections 256.01, subdivision 2; 256.82, subdivision 3; and 261.23. The commissioner shall promulgate rules to establish standards and criteria for deciding which medical assistance services require prior authorization and for deciding whether a second medical opinion is required for an elective surgery. The commissioner shall promulgate rules as necessary to establish the methods and standards for determining inappropriate utilization of medical assistance services.
History:
1983 c 312 art 5 s 38; 1984 c 640 s 32; 1984 c 654 art 5 s 58; 1987 c 384 art 2 s 1; 1988 c 719 art 8 s 10; 1989 c 209 art 2 s 28; 1996 c 305 art 2 s 47; 2016 c 158 art 2 s 72; 2017 c 40 art 1 s 63
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256B — Medical Assistance For Needy Persons › Section 256B.01 — Policy.

256B.01 POLICY.
Medical assistance for needy persons whose resources are not adequate to meet the cost of such care is hereby declared to be a matter of state concern. To provide such care, a statewide program of medical assistance, with free choice of vendor, is hereby established.
History:
Ex1967 c 16 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256B — Medical Assistance For Needy Persons › Section 256B.03 — Payments To Vendors.

256B.03 PAYMENTS TO VENDORS.
Subdivision 1.
General limit.
All payments for medical assistance hereunder must be made to the vendor. The maximum payment for new vendors enrolled in the medical assistance program after the base year shall be determined from the average usual and customary charge of the same vendor type enrolled in the base year.
Subd. 2.
[Repealed, 2000 c 449 s 15]
Subd. 3.
Tribal purchasing model.
(a) Notwithstanding subdivision 1 and section 256B.0625, the commissioner may make payments to federally recognized Indian tribes with a reservation in the state to provide medical assistance to Indians, as defined under federal law, who reside on or near the reservation. The payments may be made in the form of a block grant or other payment mechanism determined in consultation with the tribe. Any alternative payment mechanism agreed upon by the tribes and the commissioner under this subdivision is not dependent upon county or health plan agreement but is intended to create a direct payment mechanism between the state and the tribe for the administration of the medical assistance program, and for covered services.
(b) A tribe that implements a purchasing model under this subdivision shall report to the commissioner at least annually on the operation of the model. The commissioner and the tribe shall cooperatively determine the data elements, format, and timetable for the report.
(c) For purposes of this subdivision, "Indian tribe" means a tribe, band, or nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and for which a reservation exists as is consistent with Public Law 100-485, as amended.
(d) Payments under this subdivision may not result in an increase in expenditures that would not otherwise occur in the medical assistance program under this chapter.
[See Note.]
Subd. 4.
Prohibition on payments to providers outside of the United States.
Payments for medical assistance must not be made:
(1) for services delivered or items supplied outside of the United States; or
(2) to a provider, financial institution, or entity located outside of the United States.
Subd. 5.Ordering or referring providers.
Claims for payments for supplies or services that are based on an order or referral of a provider must include the ordering or referring provider's national provider identifier (NPI). Claims for supplies or services ordered or referred by a vendor who is not enrolled in medical assistance are not covered.
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256B — Medical Assistance For Needy Persons › Section 256B.035 — Managed Care.

256B.035 MANAGED CARE.
The commissioner of human services may contract with public or private entities or operate a preferred provider program to deliver health care services to medical assistance and MinnesotaCare program recipients. The commissioner may enter into risk-based and non-risk-based contracts. Contracts may be for the full range of health services, or a portion thereof, for medical assistance populations to determine the effectiveness of various provider reimbursement and care delivery mechanisms. The commissioner may seek necessary federal waivers and implement projects when approval of the waivers is obtained from the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services.
History:
1990 c 568 art 3 s 20; 1992 c 513 art 7 s 33; 1995 c 234 art 8 s 56; 2002 c 277 s 32; 2016 c 158 art 2 s 76