1.1                          A bill for an act 
  1.2             relating to human services; expanding eligibility for 
  1.3             the senior citizen drug program; amending Minnesota 
  1.4             Statutes 1998, section 256.955, subdivision 2, and by 
  1.5             adding a subdivision; Laws 1997, chapter 225, article 
  1.6             4, section 4; repealing Minnesota Statutes 1998, 
  1.7             section 256.955, subdivision 9. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 256.955, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [DEFINITIONS.] (a) For purposes of this section, 
  1.12  the following definitions apply. 
  1.13     (b) "Health plan" has the meaning provided in section 
  1.14  62Q.01, subdivision 3. 
  1.15     (c) "Health plan company" has the meaning provided in 
  1.16  section 62Q.01, subdivision 4. 
  1.17     (d) "Qualified senior citizen" means an individual age ~~65~~ 
  1.18  62 or older who: 
  1.19     (1) ~~is eligible as a qualified Medicare beneficiary~~ 
  1.20  ~~according to section 256B.057, subdivision 3 or 3a, or is~~ 
  1.21  ~~eligible under section 256B.057, subdivision 3 or 3a, and is~~ 
  1.22  ~~also eligible for medical assistance or general assistance~~ 
  1.23  ~~medical care with a spenddown as defined in section 256B.056,~~ 
  1.24  ~~subdivision 5.  Persons who are determined eligible for medical~~ 
  1.25  ~~assistance according to section 256B.0575, who are eligible for~~ 
  1.26  ~~medical assistance or general assistance medical care without a~~ 
  2.1   ~~spenddown, or who are enrolled in MinnesotaCare, are not~~ 
  2.2   ~~eligible for this program~~ has a household income that does not 
  2.3   exceed 185 percent of the federal poverty guidelines for family 
  2.4   size, using the income methodologies specified for aged, blind, 
  2.5   or disabled persons in section 256B.056, subdivision 1a; 
  2.6      (2) is not enrolled in prescription drug coverage under a 
  2.7   health plan; 
  2.8      (3) is not enrolled in prescription drug coverage under a 
  2.9   Medicare supplement plan, as defined in sections 62A.31 to 
  2.10  62A.44, or policies, contracts, or certificates that supplement 
  2.11  Medicare issued by health maintenance organizations or those 
  2.12  policies, contracts, or certificates governed by section 1833 or 
  2.13  1876 of the federal Social Security Act, United States Code, 
  2.14  title 42, section 1395, et seq., as amended; 
  2.15     (4) has not had coverage described in clauses (2) and (3) 
  2.16  for at least ~~four~~ two months prior to application for the 
  2.17  program; ~~and~~ 
  2.18     (5) is a permanent resident of Minnesota as defined in 
  2.19  section 256L.09; and 
  2.20     (6) is not eligible for medical assistance or general 
  2.21  assistance medical care without a spenddown. 
  2.22     Sec. 2.  Minnesota Statutes 1998, section 256.955, is 
  2.23  amended by adding a subdivision to read: 
  2.24     Subd. 10.  [PROGRAM FUNDING.] (a) As part of each biennial 
  2.25  and supplemental budget, the commissioner of finance shall 
  2.26  forecast the costs of the senior citizen drug program, and shall 
  2.27  recognize the projected costs of the program in the fund 
  2.28  balance.  The commissioner of finance shall fund the senior 
  2.29  citizen drug program using proceeds from the tobacco settlement. 
  2.30     (b) For purposes of this subdivision, "tobacco settlement" 
  2.31  means the consent judgment entered in the case of State of 
  2.32  Minnesota vs. Philip Morris Inc. et al. in Minnesota district 
  2.33  court for the second judicial district, Ramsey county, court 
  2.34  file number C1-94-8565. 
  2.35     Sec. 3.  Laws 1997, chapter 225, article 4, section 4, is 
  2.36  amended to read: 
  3.1      ~~The commissioner shall administer the senior drug program~~ 
  3.2   ~~so that the costs to the state total no more than $4,000,000~~ 
  3.3   ~~plus the amount of the rebate.  The commissioner is authorized~~ 
  3.4   ~~to discontinue enrollment in order to meet this level of funding.~~
  3.5      The commissioner shall report to the legislature the 
  3.6   estimated costs of the senior drug program ~~without funding~~ 
  3.7   ~~caps~~.  The report shall be included as part of the November and 
  3.8   February forecasts. 
  3.9      The commissioner of finance shall annually reimburse the 
  3.10  general fund with health care access funds for the estimated 
  3.11  increased costs in the QMB/SLMB program directly associated with 
  3.12  the senior drug program.  This reimbursement shall sunset June 
  3.13  30, 2001. 
  3.14     Sec. 4.  [REPEALER.] 
  3.15     Minnesota Statutes 1998, section 256.955, subdivision 9, is 
  3.16  repealed.