Minnesota Statutes Public Welfare and Related Activities (Ch. 245-267) § 256.4764. Long-term services and supports workforce incentive grants

Subd. 2. Definitions. (a) For purposes of this section, the following terms have the meanings given.

(b) “Commissioner” means the commissioner of human services.

(c) “Eligible employer” means an organization enrolled in a Minnesota health care program that is:

(d) “Eligible worker” means a worker who earns $30 per hour or less and is currently employed or recruited to be employed by an eligible employer.

Subd. 3. Allowable uses of grant money. (a) Grantees must use grant money to provide payments to eligible workers for the following purposes:

(b) Eligible workers may receive cumulative payments up to $1,000 per calendar year from the workforce incentive grant account and all other state money intended for the same purpose. Workers are not eligible for payments under this section if they received payments undersection 256.4766.

(c) The commissioner must develop a grant cycle distribution plan that allows for equitable distribution of money among eligible employers. The commissioner's determination of the grant awards and amounts is final and is not subject to appeal.

(1) the employer is an eligible employer;

(2) the total number of eligible employees;

(3) the employer will distribute the entire value of the grant to eligible workers allowed under this section;

(4) the employer will create and maintain records under subdivision 6;

(5) the employer will not use the money appropriated under this section for any purpose other than the purposes permitted under this section; and

(6) the entire value of any grant amounts will be distributed to eligible workers identified by the employer.

Subd. 5. Distribution plan; report. (a) Each grantee shall prepare, and upon request submit to the commissioner, a distribution plan that specifies the amount of money the grantee expects to receive and how that money will be distributed for recruitment and retention purposes for eligible employees. Within 60 days of receiving the grant, the grantee must post the distribution plan and leave it posted for a period of at least six months in an area of the grantee's operation to which all direct support professionals have access.

(b) Within 12 months of receiving a grant under this section, each grantee that receives a grant shall submit a report to the commissioner that includes the following information:

(c) Failure to submit the report under paragraph (b) may result in recoupment of grant money.

Subd. 6. Audits and recoupment. (a) The commissioner may perform an audit under this section up to six years after a grant is awarded to ensure:

(b) If the commissioner determines that a grantee used grant money for purposes not authorized under this section, the commissioner must treat any amount used for a purpose not authorized under this section as an overpayment. The commissioner must recover any overpayment.

Subd. 7. Grants not to be considered income. (a) Notwithstanding any law to the contrary, grant awards under this section must not be considered income, assets, or personal property for purposes of determining eligibility or recertifying eligibility for:

(b) The commissioner must not consider grant awards under this section as income or assets undersection 256B.056, subdivision 1a, paragraph (a), 3, or 3c, or for persons with eligibility determined undersection 256B.057, subdivision 3,3a,3b,4, or9.

Subd. 8. Income tax subtractions. (a) For the purposes of this section, “subtraction” has the meaning given insection 290.0132, subdivision 1, and the rules in that subdivision apply for this section. The definitions insection 290.01apply to this section.

(b) The amount of a payment received under this section is a subtraction.

(c) Payments under this section and Laws 2021, First Special Session chapter 7, article 17, section 20, as amended, are excluded from income as defined insections 290.0674, subdivision 2a, and290A.03, subdivision 3.