Petition for Writ of Quo Warranto - Minnesota State Legislature

118. For example, the state is required under the Temporary Assistance to Needy
Families Program ("TANF") to share in the cost ofthe program. 109 However, there
remains a state annual legislative appropriation to be made to effect the provisions of
Minn. Stat. Sec. 256J.02 that in tum implement TANF block grant money. Failure ofthe
state to maintain a certain historic level ofparticipation under TANF could result in a
reduction in federal grant money.ll0 Such a reduction may occur through how the state
maintains the federal program via state appropriations. This type ofcontrol can only be
the right ofthe legislators, again through votes of"yea" or "nay," and not that of a
statutorily created figure such as the Commissioner.
119. As the Aging Services ofMinnesota Care Providers ofMinnesota, Inc.
admits in its June 21 filing with the lower court seeking leave to file an amicus curie
brief, "Minnesota risks the suspension ofits federal Medicaid match should it stop
Medicaid payments to providers."l11 There is no federal mandate here - "the Medicaid
program is dependent on the State ofMinnesota actually spending its matching state
share."l12 Despite the expressed anticipated hardship, "[s]hould state finanCial support for
Minnesota's nursing homes and assisted living facilities be cut off, providers will be
forced into the choice ofeither evicting or involuntarily discharging residents for
109 42 U.S.c. Sec. 601, et. seq.
110 42 U.S.C. Sec. 609 (7)(A).
111 Aging Services ofMinnesota Care Providers ofMinnesota, Inc. Req. for Leave ofCt
to File Amicus Curie Br. 7 (June 21, 2011), App. 245.
112 1d. at 7 (emphasis added), App. 245.
47