§ 256.019 — Recovery of Money; Apportionment
Plain-Language Summary
Sets the rules for how recovered public assistance overpayments are split between the county and the state. Counties can keep half of most recoveries they collect, except for MFIP (welfare) recoveries where they keep one quarter.
256.019 RECOVERY OF MONEY; APPORTIONMENT.
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Subdivision 1.Retention rates.
When an assistance recovery amount is collected and posted by a county agency under the provisions governing public assistance programs including general assistance medical care formerly codified in chapter 256D, general assistance, and Minnesota supplemental aid, the county may keep one-half of the recovery made by the county agency using any method other than recoupment. For medical assistance, if the recovery is made by a county agency using any method other than recoupment, the county may keep one-half of the nonfederal share of the recovery. For MinnesotaCare, if the recovery is collected and posted by the county agency, the county may keep one-half of the nonfederal share of the recovery.
This does not apply to recoveries from medical providers or to recoveries begun by the Department of Human Services’ Surveillance and Utilization Review Division and Benefit Recoveries Division, the Direct Care and Treatment State Hospital Collections Unit, the attorney general’s office, or child support collections. §
Subd. 2.Retention rates for MFIP.
(a) When an assistance recovery amount is collected and posted by a county agency under the provisions governing MFIP under chapter 142G, the commissioner shall reimburse the county agency from the proceeds of the recovery using the applicable rate specified in paragraph (b).
(b) For recoveries of overpayments from programs funded in whole or in part by the temporary assistance to needy families program under section 142G.03, subdivision 2, and recoveries of nonfederally funded food assistance under section 142G.11, the commissioner shall reimburse the county agency at a rate of one-quarter of the recovery made by any method other than recoupment.
History:
1988 c 719 art 8 s 29; 1993 c 306 s 2; 1997 c 85 art 5 s 4; 1999 c 159 s 38; 2000 c 488 art 10 s 3; 1Sp2003 c 14 art 1 s 106; 1Sp2005 c 4 art 8 s 7; 2016 c 158 art 2 s 59; 1Sp2019 c 9 art 1 s 42; 2024 c 80 art 1 s 64,65; art 7 s 12; 2025 c 38 art 3 s 53
History: History: 1988 c 719 art 8 s 29; 1993 c 306 s 2; 1997 c 85 art 5 s 4; 1999 c 159 s 38; 2000 c 488 art 10 s 3; 1Sp2003 c 14 art 1 s 106; 1Sp2005 c 4 art 8 s 7; 2016 c 158 art 2 s 59; 1Sp2019 c 9 art 1 s 42; 2024 c 80 art 1 s 64,65; art 7 s 12; 2025 c 38 art 3 s 53