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A bill to be entitled

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An act relating to optional payments for medical

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assistance; amending s. 409.904, F.S.; providing for

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Medicaid eligibility for certain persons with disabilities

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under a Medicaid buy-in program, subject to specific

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federal authorization; requiring the Agency for Health

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Care Administration to seek amendments to specified

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Medicaid waivers for certain persons with disabilities;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (10) is added to section 409.904,

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Florida Statutes, to read:

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     409.904  Optional payments for eligible persons.--The agency

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may make payments for medical assistance and related services on

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behalf of the following persons who are determined to be eligible

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subject to the income, assets, and categorical eligibility tests

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set forth in federal and state law. Payment on behalf of these

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Medicaid eligible persons is subject to the availability of

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moneys and any limitations established by the General

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Appropriations Act or chapter 216.

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     (10) Subject to specific federal authorization, a person

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who is determined to be disabled and who, but for earnings, would

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be considered eligible for supplemental security income; whose

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countable earnings, taking into account supplemental security

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income and earned income disregards, do not exceed 250 percent of

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the federal poverty level and whose unearned income does not

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exceed 88 percent of the most current federal poverty level; and

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who has attained 16 years of age but who is younger than 65 years

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of age may be eligible for Medicaid services as part of a

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Medicaid buy-in program established under s. 409.914(2)

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specifically designed to accommodate those persons made eligible

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for such a buy-in by Title II of Pub. L. No. 106-170. A

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participant in the Medicaid buy-in program must be charged a

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premium based on a sliding scale once the participant's earned

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income exceeds 100 percent of the federal poverty level. Assets

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excluded, in addition to those excluded under the supplemental

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security income program, are as follows: cash assets in the

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amount of $8,000 for a single individual and $9,000 for a couple;

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any retirement account recognized by the Internal Revenue

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Service; and a second vehicle for a couple.

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     Section 2. The Agency for Health Care Administration shall

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seek amendments to Medicaid waivers serving persons with

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disabilities to provide that persons who are eligible for

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Medicaid under a Medicaid buy-in program authorized under s.

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409.904(10), Florida Statutes, may be eligible for services under

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waivers if they otherwise meet the level of care qualifications

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for services under such a waiver.

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     Section 3.  This act shall take effect July 1, 2008.