Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Screening
requirement.
The county agency must determine the potential eligibility of
each general assistance applicant or recipient for other maintenance benefits
as follows:
A. The county agency must
determine an applicant's potential eligibility for other maintenance benefits
when application for general assistance is made.
B. The county agency must determine a
recipient's potential eligibility for other maintenance benefits at the
recipient's semiannual redetermination of eligibility for general assistance.
The county agency must also determine a recipient's potential eligibility for
other maintenance benefits whenever it determines that changes in the
recipient's circumstances, including eligibility for medical assistance,
indicate potential eligibility for other maintenance benefits.
C. If the county agency determines that the
applicant or recipient is potentially eligible for other maintenance benefits,
the county agency must document its determination on forms prescribed by the
commissioner and must retain the forms in the county agency case record for the
applicant or recipient.
Subp.
2.
Informing and referral requirement.
When the county agency determines that the applicant or
recipient is potentially eligible for other maintenance benefits, the county
agency shall refer the applicant or recipient to the other maintenance benefit
program on a form prescribed by the commissioner by informing the applicant or
recipient orally and in writing of the following:
A. that the applicant or recipient must apply
for the other maintenance benefit program, according to subpart
4, item A;
B. that the applicant or recipient must
execute an interim assistance agreement, according to subpart
4, item D;
C. that the applicant or recipient must
comply with all procedures necessary to determine eligibility or ineligibility
for the other maintenance benefits according to subpart
4, item C;
D. that the applicant or recipient must
authorize the county agency and the qualified provider, when one is chosen, to
exchange relevant data concerning the applicant's or recipient's eligibility
with the other maintenance benefit program office, according to subpart
4, item B;
E. the estimated amount of benefits the
applicant or recipient may be eligible to receive under the other maintenance
benefit program, if known;
F. the
address at which the applicant or recipient shall apply for the other
maintenance benefit program;
G.
general instructions regarding how to apply for the other maintenance benefit
program;
H. that the applicant or
recipient may elect to receive special services to assist in applying for SSI
benefits;
I. notice of the actions
which the county agency must take, according to subpart
5, if the applicant or
recipient fails to comply with the requirements under subpart
4, items A to D;
and
J. notice of the applicant's or
recipient's right to appeal a determination of ineligibility for general
assistance due to noncompliance with subpart
4, items A to D.
Subp. 3. [Repealed, 32 SR
1437]
Subp. 4.
Requirements
upon referral for other maintenance benefits.
When the county agency refers an applicant or recipient to
another maintenance benefit program as provided under subpart
2, the applicant or recipient
shall do the following:
A. The
applicant or recipient shall apply for those benefits within 30 days of the
date of referral. If the recipient has not provided the county agency with
verification of an application for those benefits within 30 days of the date of
referral, the county agency must contact the other maintenance benefit program
county office to determine if the recipient has applied for benefits. If the
county office of the other maintenance benefit program verifies that the
recipient has applied for those benefits, the recipient shall be deemed to have
met the requirement of applying for other maintenance benefits. If the county
office of the other maintenance benefit program verifies that the recipient has
not applied for those benefits, the local agency shall mail or give the
recipient notice of termination from general assistance according to subpart
5.
B. The applicant or recipient shall, within
30 days of the date of referral, provide informed written consent and
authorization for the county agency or a qualified provider, if one is chosen,
to exchange data concerning the applicant or recipient with the other
maintenance benefit program county office. The data exchanged must be relevant
to a determination of the applicant's or recipient's eligibility or
ineligibility for benefits from the other program.
For purposes of exchanging private or confidential data about
a person for whom a qualified provider has contracted to provide special
services, a qualified provider other than the county agency shall not be
considered part of the welfare system under Minnesota Statutes, section
13.46, subdivision
1.
If the county agency determines that the recipient has not
given informed written consent and authorization for the county agency or a
qualified provider to exchange data concerning eligibility or ineligibility for
the other maintenance benefit program within the prescribed 30 days, the county
agency shall mail or give the recipient notice of termination from general
assistance according to subpart
5.
C. A recipient shall comply with all
procedures necessary to determine eligibility or ineligibility for the other
maintenance benefit program.
If the county agency determines that the recipient has not
complied with the procedures necessary to determine eligibility or
ineligibility for other maintenance benefits, the county agency shall mail or
give the recipient notice of termination from general assistance according to
subpart
5.
D. An applicant or recipient shall execute an
interim assistance agreement with the county agency within 30 days of the date
of referral.
If the recipient fails to execute an interim assistance
agreement within the 30 days prescribed, the county agency shall mail or give
the recipient notice of termination from general assistance according to
subpart
5.
Subp. 5.
Ineligibility.
This subpart governs termination of general assistance
eligibility for a recipient who fails, without good cause, to comply with the
requirements of subpart
4.
A. Upon determining that a recipient has
failed, without good cause, to comply with the requirements of subpart
4, the county agency shall
mail or give the recipient notification of termination from general assistance.
The county agency shall hand deliver or mail the written notice to the
recipient at least 30 days before reducing, suspending, or terminating the
recipient's monthly general assistance payment. The notice must be on a form
prescribed by the commissioner and must:
(1)
list the requirements with which the county agency believes the recipient has
not complied and inform the recipient that the recipient must comply with the
requirements to avoid or end a period of ineligibility;
(2) inform the recipient that the recipient
will be terminated from general assistance if the recipient fails to comply
with the listed requirements, specify the date that the recipient's general
assistance will be terminated if the recipient does not comply, and explain the
recipient's right to appeal the action according to subpart
6;
(3) offer assistance to resolve the
circumstances or concerns which prevent the recipient from complying with the
requirements of subpart
4; and
(4) inform the recipient of the continued
availability of special services.
B. If the recipient complies with the
requirements specified in the notice in item A before the termination date
stated in the notice, a period of ineligibility must not be imposed.
C. A recipient who fails to comply with the
requirements specified in the notice in item A before the termination date
stated in the notice is ineligible for general assistance. The period of
ineligibility begins on the date specified in the notice and continues until
the person fulfills the requirements of subpart
4. The period of
ineligibility always begins on the first day of a calendar month. If the
ineligible person subsequently applies for general assistance, the application
must be denied unless the requirements of subpart
4 have been met.
D. If the person is determined to be
ineligible under item C, the assistance standard applicable to the person's
assistance unit must be based on the number of remaining eligible members of
the assistance unit.
Subp.
6.
Appeals.
A recipient to whom the county agency has given or mailed a
notice of termination according to subpart
5 may appeal the
determination by submitting a written request for a hearing according to
Minnesota Statutes, section
256.045.
If the recipient files a written request for an appeal on or before the first
day of the period of ineligibility under subpart
5, item C, the recipient
shall continue to receive general assistance while the appeal is pending,
provided that the recipient is otherwise eligible for general
assistance.
Subp. 7.
Reimbursement for interim assistance.
A county agency must seek reimbursement for the interim
assistance provided to a person who has executed an interim assistance
agreement under subpart
4, item D, when the person
receives a retroactive payment of other maintenance benefits unless
reimbursement is prohibited under federal or state law.
The county agency must request reimbursement for interim
assistance from the person receiving other retroactive maintenance benefits,
except for SSI, or in those instances where the state or county agency has
rights of subrogation under Minnesota Statutes, section 256.03. If a request
for reimbursement under this subpart is denied, the county agency may institute
a civil action to recover the interim assistance based on the interim
assistance agreement. The county agency must take no action other than a civil
action to recover the interim assistance.
Statutory Authority: MS s
14.388;
256D.01;
256D.04;
256D.051;
256D.06;
256D.08;
256D.09;
256D.111
