A bill for an act
relating to human services; establishing procedures for the commissioner of human
services related to the transition from the public health emergency; providing
continuous medical assistance eligibility for children; establishing a state-funded
cost-sharing reduction program; appropriating money; amending Minnesota Statutes
2022, section 256B.056, subdivision 7; Laws 2020, First Special Session chapter
7, section 1, subdivision 1, as amended; Laws 2021, First Special Session chapter
7, article 1, section 36; proposing coding for new law in Minnesota Statutes, chapter
62V.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) The board must develop and administer a state-funded
cost-sharing reduction program for eligible persons who enroll in a silver-level qualified
health plan through MNsure. The board must implement the program for plan years beginning
on or after January 1, 2024.
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(b) For purposes of this section, an "eligible person" is an individual who meets the
eligibility criteria to receive a cost-sharing reduction under Code of Federal Regulations,
title 45, section 155.305(g).
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The program must use state funds to reduce enrollee
cost-sharing by increasing the actuarial value of silver plans for eligible persons beyond the
73 percent value established in Code of Federal Regulations, title 45, section
156.420(a)(3)(ii), to an actuarial value of 87 percent. This increase in actuarial value is in
addition to the increase in actuarial value required under federal cost-sharing reductions.
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The board, when administering the program, must:
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(1) allow eligible persons to enroll in a silver-level plan with a state-funded cost-sharing
reduction;
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(2) modify the MNsure shopping tool to display the total cost-sharing reduction benefit
available to individuals eligible under this section; and
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(3) reimburse health carriers on a quarterly basis for the cost to the health carrier of
providing the state-funded cost-sharing reductions.
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Minnesota Statutes 2022, section 256B.056, subdivision 7, is amended to read:
(a) Eligibility is available for the month of application
and for three months prior to application if the person was eligible in those prior months.
A redetermination of eligibility must occur every 12 months.
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(b) Notwithstanding any other law to the contrary:
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(1) a child six years of age and older but under 21 years of age who is determined eligible
for medical assistance must remain eligible for a period of 12 months; and
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(2) a child under six years of age who is determined eligible for medical assistance must
remain eligible through the month in which the child reaches six years of age.
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(c) A child's eligibility under paragraph (b) may be terminated earlier if:
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(1) the child or the child's representative requests voluntary termination of eligibility;
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(2) the child ceases to be a resident of this state;
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(3) the child dies; or
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(4) the agency determines eligibility was erroneously granted at the most recent eligibility
determination due to agency error or fraud, abuse, or perjury attributed to the child or the
child's representative.
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deleted text begin (b)deleted text end new text begin (d)new text end For a person eligible for an insurance affordability program as defined in section
256B.02, subdivision 19, who reports a change that makes the person eligible for medical
assistance, eligibility is available for the month the change was reported and for three months
prior to the month the change was reported, if the person was eligible in those prior months.
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This section is effective January 1, 2024, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
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Laws 2020, First Special Session chapter 7, section 1, subdivision 1, as amended
by Laws 2021, First Special Session chapter 7, article 2, section 71, and Laws 2022, chapter
98, article 4, section 49, is amended to read:
When the
peacetime emergency declared by the governor in response to the COVID-19 outbreak
expires, is terminated, or is rescinded by the proper authority, the following waivers and
modifications to human services programs issued by the commissioner of human services
pursuant to Executive Orders 20-11 and 20-12 may remain in effect for the time period set
out in applicable federal law deleted text begin ordeleted text end new text begin ,new text end for the time period set out in any applicable federally
approved waiver or state plan amendment, new text begin or as provided in this subdivision, new text end whichever is
later:
(1) CV15: allowing telephone or video visits for waiver programs;
(2) CV17: preserving health care coverage for Medical Assistance and MinnesotaCarenew text begin
as needed to comply with federal guidance from the Centers for Medicare and Medicaid
Services, and until the enrollee's first renewal following the resumption of medical assistance
and MinnesotaCare renewals after March 31, 2023new text end ;
(3) CV18: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
(4) CV20: eliminating cost-sharing for COVID-19 diagnosis and treatment;
(5) CV24: allowing telephone or video use for targeted case management visits;
(6) CV30: expanding telemedicine in health care, mental health, and substance use
disorder settings;
(7) CV37: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
(8) CV39: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
(9) CV42: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
(10) CV43: expanding remote home and community-based waiver services;
(11) CV44: allowing remote delivery of adult day services;
(12) CV59: modifying eligibility period for the federally funded Refugee Cash Assistance
Program;
(13) CV60: modifying eligibility period for the federally funded Refugee Social Services
Program; and
(14) CV109: providing 15 percent increase for Minnesota Food Assistance Program and
Minnesota Family Investment Program maximum food benefits.
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This section is effective the day following final enactment.
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Laws 2021, First Special Session chapter 7, article 1, section 36, is amended to
read:
(a) Notwithstanding Minnesota Statutes, section 256B.057, subdivision 9, deleted text begin 256L.06,
subdivision 3,deleted text end or any other provision to the contrary, the commissioner shall not collect any
unpaid premium for a coverage month that occurred during the COVID-19 public health
emergency declared by the United States Secretary of Health and Human Servicesnew text begin and
through the month prior to an enrollee's first renewal following the resumption of medical
assistance renewals after March 31, 2023new text end .
(b) Notwithstanding any provision to the contrary, periodic data matching under
Minnesota Statutes, section 256B.0561, subdivision 2, may be suspended for up to deleted text begin sixdeleted text end new text begin 12new text end
months following the deleted text begin last day of the COVID-19 public health emergency declared by the
United States Secretary of Health and Human Servicesdeleted text end new text begin resumption of medical assistance
and MinnesotaCare renewals after March 31, 2023new text end .
(c) Notwithstanding any provision to the contrary, the requirement for the commissioner
of human services to issue an annual report on periodic data matching under Minnesota
Statutes, section 256B.0561, is suspended for one year following the last day of the
COVID-19 public health emergency declared by the United States Secretary of Health and
Human Services.
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(d) For individuals enrolled in medical assistance as of March 31, 2023, who are subject
to the asset limits established by Minnesota Statutes, section 256B.056, subdivision 3,
paragraph (a), assets in excess of the limits establ