HB 1391

1	A bill to be entitled
2	An act relating to optional Medicaid payments for the
3	medically needy; amending s. 409.904, F.S.; removing
4	limitations on provision of services to certain persons
5	age 65 or older, families, persons who are blind or
6	disabled, pregnant women, and children younger than age
7	21; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Subsections (1) and (2) of section 409.904,
12	Florida Statutes, are amended to read:
13	409.904  Optional payments for eligible persons.--The
14	agency may make payments for medical assistance and related
15	services on behalf of the following persons who are determined
16	to be eligible subject to the income, assets, and categorical
17	eligibility tests set forth in federal and state law. Payment on
18	behalf of these Medicaid eligible persons is subject to the
19	availability of moneys and any limitations established by the
20	General Appropriations Act or chapter 216.
21	(1)  Effective January 1, 2006, and subject to federal
22	waiver approval, a person who is age 65 or older or is
23	determined to be disabled, whose income is at or below 88
24	percent of the federal poverty level, whose assets do not exceed
25	established limitations, and who is not eligible for Medicare
26	or, if eligible for Medicare, is also eligible for and receiving
27	Medicaid-covered institutional care services, hospice services,
28	or home and community-based services. The agency shall seek
29	federal authorization through a waiver to provide this coverage.
30	This subsection expires June 30, 2009.
31	(2)(a)  A family, a pregnant woman, a child under age 21, a
32	person age 65 or over, or a blind or disabled person, who would
33	be eligible under any group listed in s. 409.903(1), (2), or
34	(3), except that the income or assets of such family or person
35	exceed established limitations. For a family or person in one of
36	these coverage groups, medical expenses are deductible from
37	income in accordance with federal requirements in order to make
38	a determination of eligibility. A family or person eligible
39	under the coverage known as the "medically needy," is eligible
40	to receive the same services as other Medicaid recipients, with
41	the exception of services in skilled nursing facilities and
42	intermediate care facilities for the developmentally disabled.
43	This subsection expires June 30, 2009.
44	(b)  Effective July 1, 2009, a pregnant woman or a child
45	younger than 21 years of age who would be eligible under any
46	group listed in s. 409.903, except that the income or assets of
47	such group exceed established limitations. For a person in one
48	of these coverage groups, medical expenses are deductible from
49	income in accordance with federal requirements in order to make
50	a determination of eligibility. A person eligible under the
51	coverage known as the "medically needy" is eligible to receive
52	the same services as other Medicaid recipients, with the
53	exception of services in skilled nursing facilities and
54	intermediate care facilities for the developmentally disabled.
55	Section 2.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.