PUBLIC BENEFITS LAW
Prepared by:
Jessica L. Webster, Staff Attorney
Legal Services Advocacy Project
651-842-6902
jlwebster@mnlsap.org

Acronyms Used in This Section
EBT = Electronic Benefit Transfer
DHS = Minnesota Department of Human Services
EMSA = Emergency Minnesota Supplemental Assistance
GA = General Assistance
MA = Medical Assistance
MFIP = Minnesota Family Investment Program
MSA = Minnesota Supplemental Aid
SSI = Supplemental Security Income

I. MINNESOTA FAMILY INVESTMENT PROGRAM

A. EBT Changes

1. New Cash-Only Card
First Special Session Chapter 9, Article 1, Section 10 (HF 25)
Adds Minn. Stat. § 256.987
Effective June 1, 2012

Creates a separate EBT cash-only card for MFIP, GA, and MSA. Requires that the card contain the recipient's name on the card and a warning against purchasing alcohol or tobacco. Makes the purchase or attempted purchase of alcohol or tobacco an unlawful fraud which will disqualify the participant from public benefits programs.

2. Blocking EBT Usage at Various Locations
First Special Session Chapter 9, Article 1, Section 33 (HF 25)
Effective August 1, 2011

Requires liquor, tobacco, gambling, and tattoo establishments to negotiate with third-party processors to block EBT cash transactions and ATM withdrawals at their places of business.

3. EBT Business Task Force
First Special Session Chapter 9, Article 1, Section 34 (HF 25)
Effective August 1, 2011 and expires June 30, 2012.

Creates the Minnesota EBT Business Task Force. Provides that members include: (1) two members of the Minnesota House of Representatives; (2) two members of the Senate; (3) DHS; (4) an appointee of the Minnesota Grocer's Association; and (5) a credit card processor appointed by DHS. Requires the task force to develop a strategy for eliminating tobacco and alcohol purchases by public benefits program recipients. Requires a report to the Legislature by April 1, 2012.

B. Consolidated Fund
First Special Session Chapter 9, Article 10, Section 3 (HF 25)
Effective July 1, 2011

Reduces funding to the MFIP consolidated fund by $10 million each year beginning in 2012

C. Vehicle Asset Test
First Special Session Chapter 9, Article 1, Section 18 (HF 25)
Amends Minn. Stat. § 256J.20, subd. 3
Effective October 1, 2011

Reduces for an MFIP recipient the allowable waiver for the value of a vehicle from $15,000 to $10,000.

D. Work Activity
First Special Session Chapter 9, Article 1, Section 19 (HF 25)
Amends Minn. Stat. § 256J.49, subd. 13
Effective August 1, 2011

Clarifies that approved MFIP work activities may not include activities done for a political purpose.

II. GENERAL ASSISTANCE
First Special Session Chapter 9, Article 1, Section 11 (HF 25)
Amends Minn. Stat. § 256D.05, subd. 1
Effective May 1, 2012

Requires that, to be eligible for GA: (1) a person's qualifying illness, injury, or incapacity must be expected to last for more than 45 days, an increase from 30 days; and (2) a person whose eligibility is tied to a learning disability must have a condition that qualifies under Minnesota's special education rules as a specific learning disability. Removes eligibility for persons who live more than four hours round trip from suitable employment.

III. EMERGENCY GENERAL ASSISTANCE
First Special Session Chapter 9, Article 1, Section 12 (HF 25)
Amends Minn. Stat. § 256D.06, subd. 2
Repeals Minn. Rules, Part 9500.1261, subp.3D and 3E
Effective November 1, 2011

A. Income Eligibility
Requires income eligibility of net income no greater than 200% of the federal poverty guidelines.

B. County Allocation
Requires a minimum EGA allocation to each county of $1,000.

C. County Flexibility
Provides counties discretion to write rules for EGA and repeals promulgated rules on EGA payment provisions.

D. Rules Repealed
Repeals rules prohibiting the provision of EGA to individuals who: (1) have used more than 50% of income and assets on other than basic needs during the 60 days prior to apply for emergency assistance; and (2) are in a period of disqualification from work readiness.

IV. EMERGENCY MINNESOTA SUPPLEMENTAL AID
First Special Session Chapter 9, Article 1, Section 13 (HF 25)
Amends Minn. Stat. § 256D.46, subd. 1

Terminates EMSA. Makes SSI and MSA applicants and recipients eligible to apply for EGA.

V. FAMILY ASSETS FOR INDEPENDENCE (FAIM)
Special Session Chapter 9, Article 1, Section 15 (HF 25)
Amends Minn. Stat. § 256E.35, subd. 6
Effective July 1, 2011

Terminates funding for matched contributions in the FAIM program.

VI. HOMELESS FUNDING
First Special Session Chapter 9, Article 10, Section 3 (HF 25)
Effective July 1, 2011

Appropriates $700,000 in TANF funds to the DHS for long-term homeless services.

VII. OVERPAYMENTS
First Special Session Chapter 9, Article 9, Sections 3, 4, 5, and 6 (HF 25)
Amends Minn. Stat. §§ 256D.09, subd. 6; 256D.49, subd. 3; 256J.38, subd. 1; and 393.07, subd. 10
Effective August 1, 2011

Limits an overpayment in connection with all benefit programs to: (1) the 12 months prior to the month of discovery where due to agency error; and (2) six years prior to the month of discovery where due to client error or an intentional program violation.

VIII. PROGRAM SIMPLIFICATION
First Special Session Chapter 9, Article 9, Sections 15, 16, 17 (HF 25)
Effective August 1, 2011

A. All Public Assistance Programs
Requires DHS, in consultation with counties and key stakeholders, to develop recommendations to simplify and streamline all public assistance programs. Requires a report to the Legislature by January 15, 2013.

B. Eligibility of the Elderly and Persons with Disabilities for Certain Programs
Requires DHS to develop and implement by July 15, 2012 a simplified process for redetermining eligibility for elderly and disabled participants in MA, MSA, food support, and group residential housing.

C. Integrated Service Delivery
Requires DHS to issue a request for information for an integrated service delivery system for health care programs, food support, cash assistance, and child care. Provides that emphasis must be placed on: (1) ease of eligibility determinations; (2) user-friendly online application and web-based systems; (3) auto-verify ability; (4) an electronic document management system; and (5) a centralized customer contact center. Requires a report to the Legislature no later than January 31, 2012.