Minn. Stat. § 256D.03
RESPONSIBILITY TO PROVIDE GENERAL ASSISTANCE.
Redline — January 1, 2010 → current.View current text →
Current — January 1, 2023
As of January 1, 2010
Subdivision 1. County administration.
Subdivision 1. County administration.
Every county agency shall provide general assistance to persons residing within its jurisdiction who meet the need requirements of sections 256D.01 to 256D.21 . General assistance shall be administered by the county agencies according to law and rules promulgated by the commissioner pursuant to sections 14.001 to 14.69 .
Every county agency shall provide general assistance to persons residing within its jurisdiction who meet the need requirements of sections 256D.01 to 256D.21 . General assistance shall be administered by the county agencies according to law and rules promulgated by the commissioner pursuant to sections 14.001 to 14.69 .
Subd. 2. Assistance standards.
Subd. 2. Assistance standards.
State aid shall be paid for all general assistance and grants up to the standards of section 256D.01, subdivision 1a , and according to procedures established by the commissioner, except as provided for under section 256.017 .
State aid shall be paid for all general assistance and grants up to the standards of section 256D.01, subdivision 1a , and according to procedures established by the commissioner, except as provided for under section 256.017 .
Subd. 2a. County agency options.
Subd. 2a. County agency options.
Any county agency may, from its own resources, make payments of general assistance: (a) at a standard higher than that established by the commissioner without reference to the standards of section 256D.01, subdivision 1 ; or (b) to persons not meeting the eligibility standards set forth in section 256D.05, subdivision 1 , but for whom the aid would further the purposes established in the general assistance program according to rules adopted by the commissioner according to the Administrative Procedure Act. The Minnesota Department of Human Services may maintain client records and issue these payments, providing the cost of benefits is paid by the counties to the Department of Human Services according to section 256.01 .
Any county agency may, from its own resources, make payments of general assistance: (1) at a standard higher than that established by the commissioner without reference to the standards of section 256D.01, subdivision 1 ; or (2) to persons not meeting the eligibility standards set forth in section 256D.05, subdivision 1 , but for whom the aid would further the purposes established in the general assistance program according to rules adopted by the commissioner according to the Administrative Procedure Act. The Minnesota Department of Human Services may maintain client records and issue these payments, providing the cost of benefits is paid by the counties to the Department of Human Services according to section 256.01 .
Subd. 3. General assistance medical care; eligibility.
(a) Beginning April 1, 2010, the general assistance medical care program shall be administered according to section 256D.031 , unless otherwise stated, except for outpatient prescription drug coverage, which shall continue to be administered under this section and funded under section 256D.031, subdivision 9 , beginning June 1, 2010.
(b) Outpatient prescription drug coverage under general assistance medical care is limited to prescription drugs that:
(1) are covered under the medical assistance program as described in section 256B.0625, subdivisions 13 and 13d; and
(2) are provided by manufacturers that have fully executed general assistance medical care rebate agreements with the commissioner and comply with the agreements. Outpatient prescription drug coverage under general assistance medical care must conform to coverage under the medical assistance program according to section 256B.0625, subdivisions 13 to 13h.
(c) Outpatient prescription drug coverage does not include drugs administered in a clinic or other outpatient setting.
(d) For the period beginning April 1, 2010, to May 31, 2010, general assistance medical care covers the services listed in subdivision 4.
Subd. 2b. Budgeting and reporting.
Every county agency shall determine eligibility and calculate benefit amounts for general assistance according to chapter 256P.
[See Note.]
[See Note.]
Subd. 3.
MS 2010 [Repealed, 1Sp2010 c 1 art 16 s 47 para (a) ]
Subd. 3a. Claims; assignment of benefits.
Subd. 3a.
Claims must be filed pursuant to section 256D.16 . General assistance medical care applicants and recipients must apply or agree to apply third-party health and accident benefits to the costs of medical care. They must cooperate with the state in establishing paternity and obtaining third-party payments. By accepting general assistance, a person assigns to the Department of Human Services all rights to medical support or payments for medical expenses from another person or entity on their own or their dependent's behalf and agrees to cooperate with the state in establishing paternity and obtaining third-party payments. The application shall contain a statement explaining the assignment. Any rights or amounts assigned shall be applied against the cost of medical care paid for under this chapter. An assignment is effective on the date general assistance medical care eligibility takes effect.
[See Note.]
MS 2010 [Repealed, 1Sp2010 c 1 art 16 s 47 para (a) ]
Subd. 3b. Cooperation.
Subd. 3b. Cooperation.
General assistance applicants and recipients must cooperate with the state and local agency to identify potentially liable third-party payors and assist the state in obtaining third-party payments. Cooperation includes identifying any third party who may be liable for care and services provided under this chapter to the applicant, recipient, or any other family member for whom application is made and providing relevant information to assist the state in pursuing a potentially liable third party.
General assistance applicants and recipients must cooperate with the state and local agency to identify potentially liable third-party payors and assist the state in obtaining third-party payments. Cooperation includes identifying any third party who may be liable for care and services provided under this chapter to the applicant, recipient, or any other family member for whom application is made and providing relevant information to assist the state in pursuing a potentially liable third party.
Subd. 3c. Drug rebate program.
Subd. 3c.
The commissioner of human services shall continue to administer a drug rebate program for drugs purchased for persons eligible for the general assistance medical care program in accordance with this section and section 256.01, subdivision 2, paragraph (cc).
MS 2010 [Repealed, 1Sp2010 c 1 art 16 s 47 para (b) ]
Subd. 4.
Subd. 4.
[Repealed, 2010 c 200 art 1 s 21 ]
[Repealed, 2010 c 200 art 1 s 21 ]
Subd. 5.
Subd. 5.
[Repealed, 2010 c 382 s 87; 1Sp2010 c 1 art 16 s 47 ]
[Repealed, 2010 c 382 s 87; 1Sp2010 c 1 art 16 s 47 ]
Subd. 6. Division of costs.
Subd. 6.
The state share of county agency expenditures for general assistance medical care shall be 100 percent. Payments made under this subdivision shall be made according to sections 256B.041, subdivision 5 and 256B.19, subdivision 1 . In counties where a pilot or demonstration project is operated for general assistance medical care services, the state may pay 100 percent of the costs of administering the pilot or demonstration project.
Notwithstanding any provision to the contrary, beginning July 1, 1991, the state shall pay 100 percent of the costs for centralized claims processing by the Department of Administration relative to claims beginning January 1, 1991, and submitted on behalf of general assistance medical care recipients by vendors in the general assistance medical care program.
Beginning July 1, 1991, the state shall reimburse counties up to the limit of state appropriations for general assistance medical care common carrier transportation and related travel expenses provided for medical purposes after December 31, 1990. For purposes of this subdivision, transportation shall have the meaning given it in Code of Federal Regulations, title 42, section 440.170(a), as amended through October 1, 1987, and travel expenses shall have the meaning given in Code of Federal Regulations, title 42, section 440.170(a)(3), as amended through October 1, 1987.
The county shall ensure that only the least costly most appropriate transportation and travel expenses are used. The state may enter into volume purchase contracts, or use a competitive bidding process, whenever feasible, to minimize the costs of transportation services. If the state has entered into a volume purchase contract or used the competitive bidding procedures of chapter 16C to arrange for transportation services, the county may be required to use such arrangements to be eligible for state reimbursement for general assistance medical care common carrier transportation and related travel expenses provided for medical purposes.
In counties where prepaid health plans are under contract to the commissioner to provide services to general assistance medical care recipients, the cost of court ordered treatment that does not include diagnostic evaluation, recommendation, or referral for treatment by the prepaid health plan is the responsibility of the county of financial responsibility.
[See Note.]
MS 2010 [Repealed, 1Sp2010 c 1 art 16 s 47 para (a) ]
Subd. 7. Duties of the commissioner.
Subd. 7.
The commissioner shall promulgate rules as necessary to establish:
(a) standards of eligibility, utilization of services, and payment levels;
(b) standards for quality assurance, surveillance, and utilization review procedures that conform to those established for the medical assistance program pursuant to chapter 256B, including general criteria and procedures for the identification and prompt investigation of suspected fraud, theft, abuse, presentment of false or duplicate claims, presentment of claims for services not medically necessary, or false statements or representations of material facts by a vendor or recipient of general assistance medical care, and for the imposition of sanctions against such vendor or recipient of medical care. The rules relating to sanctions shall be consistent with the provisions of section 256B.064, subdivisions 1a and 2 ; and
(c) administrative and fiscal procedures for payment of the state share of the medical costs incurred by the counties under section 256D.02, subdivision 4a . Rules promulgated pursuant to this clause may include: (1) procedures by which state liability for the costs of medical care incurred pursuant to section 256D.02, subdivision 4a may be deducted from county liability to the state under any other public assistance program authorized by law; (2) procedures for processing claims of counties for reimbursement by the state for expenditures for medical care made by the counties pursuant to section 256D.02, subdivision 4a ; and (3) procedures by which the county agencies may contract with the commissioner of human services for state administration of general assistance medical care payments.
[See Note.]
MS 2010 [Repealed, 1Sp2010 c 1 art 16 s 47 para (a) ]
Subd. 8. Private insurance policies.
Subd. 8.
(a) Private accident and health care coverage for medical services is primary coverage and must be exhausted before general assistance medical care is paid. When a person who is otherwise eligible for general assistance medical care has private accident or health care coverage, including a prepaid health plan, the private health care benefits available to the person must be used first and to the fullest extent. General assistance medical care payment will not be made when either covered charges are paid in full by a third party or the provider has an agreement to accept payment for less than charges as payment in full. Payment for patients that are simultaneously covered by general assistance medical care and a liable third party other than Medicare will be determined as the lesser of clauses (1) to (3):
(1) the patient liability according to the provider/insurer agreement;
(2) covered charges minus the third-party payment amount; or
(3) the general assistance medical care rate minus the third-party payment amount.
A negative difference will not be implemented.
(b) When a parent or a person with an obligation of support has enrolled in a prepaid health care plan under section 518A.41, subdivision 1 , the commissioner of human services shall limit the recipient of general assistance medical care to the benefits payable under that prepaid health care plan to the extent that services available under general assistance medical care are also available under the prepaid health care plan.
(c) Upon furnishing general assistance medical care or general assistance to any person having private accident or health care coverage, or having a cause of action arising out of an occurrence that necessitated the payment of assistance, the state agency shall be subrogated, to the extent of the cost of medical care, subsistence, or other payments furnished, to any rights the person may have under the terms of the coverage or under the cause of action. For purposes of this subdivision, "state agency" includes prepaid health plans under contract with the commissioner according to subdivision 4, paragraph (c), and sections 256B.69 and 256L.12 ; children's mental health collaboratives under section 245.493 ; demonstration projects for persons with disabilities under section 256B.77 ; nursing homes under the alternative payment demonstration project under section 256B.434 ; and county-based purchasing entities under section 256B.692 .
This right of subrogation includes all portions of the cause of action, notwithstanding any settlement allocation or apportionment that purports to dispose of portions of the cause of action not subject to subrogation.
(d) To recover under this section, the attorney general may institute or join a civil action to enforce the subrogation rights the commissioner established under this section.
Any prepaid health plan providing services under subdivision 4, paragraph (c), and sections 256B.69 and 256L.12 ; children's mental health collaboratives under section 245.493 ; demonstration projects for persons with disabilities under section 256B.77 ; nursing homes under the alternative payment demonstration project under section 256B.434 ; or the county-based purchasing entity providing services under section 256B.692 may retain legal representation to enforce the subrogation rights created under this section or, if no action has been brought, may initiate and prosecute an independent action on their behalf against a person, firm, or corporation that may be liable to the person to whom the care or payment was furnished.
(e) The state agency must be given notice of monetary claims against a person, firm, or corporation that may be liable in damages, or otherwise obligated to pay part or all of the costs related to an injury when the state agency has paid or become liable for the cost of care or payments related to the injury. Notice must be given as follows:
(i) Applicants for general assistance or general assistance medical care shall notify the state or county agency of any possible claims when they submit the application. Recipients of general assistance or general assistance medical care shall notify the state or county agency of any possible claims when those claims arise.
(ii) A person providing medical care services to a recipient of general assistance medical care shall notify the state agency when the person has reason to believe that a third party may be liable for payment of the cost of medical care.
(iii) A person who is party to a claim upon which the state agency may be entitled to subrogation under this section shall notify the state agency of its potential subrogation claim before filing a claim, commencing an action, or negotiating a settlement. A person who is a party to a claim includes the plaintiff, the defendants, and any other party to the cause of action.
Notice given to the county agency is not sufficient to meet the requirements of paragraphs (b) and (c).
(f) Upon any judgment, award, or settlement of a cause of action, or any part of it, upon which the state agency has a subrogation right, including compensation for liquidated, unliquidated, or other damages, reasonable costs of collection, including attorney fees, must be deducted first. The full amount of general assistance or general assistance medical care paid to or on behalf of the person as a result of the injury must be deducted next and paid to the state agency. The rest must be paid to the public assistance recipient or other plaintiff. The plaintiff, however, must receive at least one-third of the net recovery after attorney fees and collection costs.
[See Note.]
MS 2010 [Repealed, 1Sp2010 c 1 art 16 s 47 para (a) ]
Subd. 9.
Subd. 9.
[Repealed, 2010 c 200 art 1 s 21 ]
[Repealed, 2010 c 200 art 1 s 21 ]
Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.