Public Benefits Law

PUBLIC BENEFITS LAW
Prepared by:
Jessica L. Webster, Policy Advocate
Legal Services Advocacy Project
651-222-3749, ext. 102
jlwebster@mnlsap.org


I. EARLY LEARNING STUDY
Chapter 96, Article 6, Section 10 (HF 2)
Effective August 1, 2009

Requires the Department of Human Services (DHS) and the Department of Education to study how to: (1) transition basic sliding fee child care, Minnesota Family Investment Program (MFIP) child care, and child care development grants to the Department of Education; and (2) develop an early learning system with one set of standards. Requires a report to the Legislature by February 15, 2010.


II. FUNDING FOR COUNTY PROVISION OF HUMAN SERVICES
Chapter 88, Article 2, Section 48 (HF 1298)
Effective May 17, 2009

Directs DHS to develop a proposal to transition from current maintenance of effort and matching fund requirements to a new consolidated local county property tax contribution across all mandated health and human services. Directs DHS to consult with: (1) county representatives; (2) organizations representing recipients; and (3) the Department of Revenue. Among the criteria the group is directed to consider are: (1) predictability; (2) ease of administration; (3) maintenance of current levels of service; and (4) ensuring equal access by citizens. Requires a report to the Governor and legislative committees with jurisdiction over health and human services by February 1, 2010.


III. MAINTENANCE OF EFFORT - MORATORIUM ON NEW REQUIREMENTS
Chapter 88, Article 2, Section 21 (HF 1298)
Adds Minn. Stat. § 257.77
Effective May 17, 2009

Places moratorium on any new or increased maintenance of effort (MOE) or matching fund requirements for counties, cities or towns until July 1, 2011. Applies to any new requirements or changes to existing requirements passed after January 1, 2009. Does not apply to a changed MOE or matching fund requirement if it has a federal spending requirement that would cost the state money if not implemented.


IV. MFIP

A. Consolidated Fund

1. Emergency Assistance
Chapter 79, Article 13, Section 3, Subd. 1 (HF 1362)
Effective July 1, 2009

Appropriates $25 million of stimulus funds under the American Recovery and Reinvestment Act of 2009 to the MFIP consolidated fund for county emergency assistance payments. Requires counties to supplement existing emergency assistance funding levels.

2. Funding Cut
Chapter 173, Article 2, Section 1
Effective July 1, 2009

Reduces the Temporary Assistance for Needy Families appropriation to the MFIP consolidated fund by $1,854,000 in fiscal years 2010 and 2011.

B. Diversionary Work Program (DWP)

1. Eligibility
Chapter 79, Article 2, Section 31 (HF 1362)
Amends Minn. Stat. § 256J.95, subd. 12
Effective March 1, 2010

Clarifies that a participant is not required to participate in DWP if the participant: (1) is eligible for family stabilization services (FSS); and (2) possesses the necessary documentation to support eligibility. Provides that only one parent in a two-parent family needs to be determined to be unlikely to benefit from the diversionary work program to be converted to MFIP.

2. Written Referral
Chapter 79, Article 2, Section 32 (HF 1362)
Amends Minn. Stat. § 256J.95, subd. 13
Effective August 2, 2009

Eliminates the requirement that the county provide the date, time, and location of the scheduled employment services interview in a client's written referral to DWP employment services.

C. DWP & MFIP Exemption for Caregiver with Young Children
Chapter 79, Article 2, Sections 21, 24, 29, and 30 (HF 1362)
Amends Minn. Stat. §§ 256J.561, subd. 3; 256J.575, subd. 4; and 256J.95, subds. 3 and 11
Effective March 1, 2010

Raises the age limit from 12 weeks to 12 months of a child of a caregiver-participant that will qualify the caregiver-participant for an exemption from participating in MFIP employment services and DWP.

D. Family Stabilization Services

1. Current Assessment
Chapter 79, Article 2, Section 26 (HF 1362)
Amends Minn. Stat. § 256J.575, subd. 7
Effective August 1, 2009

Clarifies that, prior to a sanction, there must be a current assessment by a behavioral health or medical professional, confirming the participant in all ways had the ability to comply with the Family Stabilization Plan.

2. Documentation
Chapter 79, Article 2, Section 23 (HF 1362)
Amends Minn. Stat. § 256J.575, subd. 3; Chapter 173, Article 1, Section 34
Effective July 1, 2009

Requires the provider to assist the participant in obtaining the necessary documentation to determine eligibility.

3. Eligibility

a. Older Minnesotans
Chapter 79, Article 2, Section 23 (HF 1362)
Amends Minn. Stat. § 256J.575, subd. 3
Effective July 1, 2009

Makes MFIP participants who are 60 or older automatically eligible for FSS.

b. Written Stabilization Plan Not Required
Chapter 79, Article 2, Section 25 (HF 1362)
Amends Minn. Stat. § 256J.575, subd. 6
Effective August 2, 2009

Clarifies that an MFIP participant who is eligible for FSS maintains eligibility without a written Family Stabilization Plan.

4. Food Stamp Employment and Training Expenses
Chapter 79, Article 13, Section 3 (HF 1362)
Effective July 1, 2009

Requires DHS to apply for the maximum allowable federal matching funds for state expenditures made on behalf of FSS program participants voluntarily engaged in food stamp employment and training activities.

5. Good Cause
Chapter 79, Article 2, Section 22 (HF 1362)
Amends Minn. Stat. § 256J.57, subd. 1
Effective July 1, 2009

Prohibits a county agency or employment services provider from imposing a sanction on an MFIP participant where the documentation needed to determine if a participant is eligible for FSS is not available, but the provider: (1) has information the participant may qualify; and (2) the participant is cooperating with the county's efforts to obtain the necessary documentation.

6. Notice
Chapter 79, Article 2, Section 26 (HF 1362)
Amends Minn. Stat. § 256J.575, subd. 7
Effective August 1, 2009

Requires the county agency or employment services provider to inform an FSS participant of the right to bring an advocate to a face-to-face meeting prior to being sanctioned.

7. Sanctions
Chapter 79, Article 2, Section 26 (HF 1362)
Amends Minn. Stat. § 256J.575, subd. 7
Effective August 1, 2009

Requires the county agency or employment services provider to follow the sanction protections in the FSS statute at the time the worker has information that an MFIP participant may be eligible for FSS.

E. Hardship Extensions
Chapter 79, Article 2, Sections 14 and 15 (HF 1362)
Amends Minn. Stat. § 256J.425, subds. 2 and 3
Adds Minn. Stat. § 256J.425, subd. 3(b)
Effective August 1, 2009

1. Criteria Clarification for Qualification
Allows an MFIP participant to qualify for a hardship extension if the participant's condition "severely limits the person's ability to obtain or maintain suitable employment." (Current language requires the condition to "prevent the person from obtaining or retaining employment.")
Amends Minn. Stat. § 256J.425, subds. 2 and 3

2. Definition of "Severely Limits"
Defines "severely limits" to mean "that a qualified professional has determined that the person's condition prevents the person from working 20 or more hours per week."
Adds Minn. Stat. § 256J.425, subd. 3(b)

F. Integrated Services
Chapter 79, Article 13, Section 3 (HF 1362)
Effective July 1, 2010

Eliminates the funding for integrated services projects for hard-to-serve MFIP participants in 2010 and 2011.

G. Public Health Home Visitors
Chapter 79, Article 2, Sections 8 and 17 (HF 1362)
Amends Minn. Stat. § 256J.49, subd. 4
Adds Minn. Stat. § 145A.17, subd. 4(a)
Effective August 1, 2009

Allows county agencies and public health departments to work together in using home visitors as MFIP employment and training service providers for MFIP participants who are: (1) ill; (2) incapacitated; or (3) minor caregivers. Allows the home visitors to provide outreach to MFIP families who are sanctioned or who have reached the 60-month time limit.

H. Setoff Hearing
Chapter 79, Article 2, Sections 9 and 34 (HF 1362)
Amends Minn. Stat. § 256.045, subd. 3
Adds Minn. Stat. § 270A.09, subd. 1b
Effective August 2, 2009

1. Provision for Hearing
Allows a state agency hearing to be held for any person with an outstanding debt resulting from receipt of public assistance, medical care, or the federal Food Stamp Act who is contesting a setoff claim by DHS or a county agency. Limits the scope of the appeal to the validity of the claimant agency's intention to request a setoff of a refund under chapter 270A against the debt.
Amends Minn. Stat. § 256.045, subd. 3

2. Procedures for Hearing
Provides that hearings must be conducted in the same manner as an appeal under Minn. Stat. §§ 256.045 (Administrative and Judicial Review of Human Service Matters) and 256.0451 (Hearing Procedures).
Adds Minn. Stat. § 270A.09, subd. 1b

I. Supported Work
Chapter 173, Article 2, Section 1
Effective July 1, 2009

Appropriates $4.7 million in fiscal year 2010 and 2011 to DHS for supported work for MFIP participants. Specifies that supported work includes paid transitional work experience and a continuum of employment assistance, including, in addition to extensive case management and referral services: (1) outreach and recruitment; (2) program orientation and intake; (3) testing and assessment; (4) job development and marketing; (5) preworksite training; (6) supported worksite experience; (7) job coaching; and (8) postplacement follow-up.

J. Transitional Standard
Chapter 79, Article 2, Section 13 (HF 1362)
Amends Minn. Stat. § 256J.24, subd. 5
Effective retroactively from April 1, 2009

Adjusts the MFIP transitional standard and food portion to reflect the federal food stamp increase and changes to the 2009 federal poverty guideline.

K. Work Participation Bonus
Chapter 79, Article 2, Section 27 (HF 1362)
Amends Minn. Stat. § 256J.621
Effective July 1, 2009

Reduces the monthly MFIP work participation cash bonus that is to go into effect on October 1, 2009 from $75 to $50.

L. Work-Study
Chapter 95, Article 1, Section 3, Subd. 22 (SF 2083)
Effective July 1, 2009

Provides that work-study jobs funded by a TANF appropriation do not require employer matching funds.