Florida Senate - 2009 SB 348
By Senator Crist
12-00219B-09 2009348__
1 A bill to be entitled
2 An act relating to Medicaid buy-in for persons with
3 disabilities; amending s. 409.904, F.S.; providing for
4 Medicaid eligibility for certain persons with
5 disabilities under a Medicaid buy-in program, subject
6 to specific federal authorization; requiring the
7 Agency for Health Care Administration to seek
8 amendments to specified Medicaid waivers for certain
9 persons with disabilities; providing an effective
10 date.
11
12 WHEREAS, continued access to health care services is one of
13 the most significant barriers preventing persons with
14 disabilities from seeking employment and participating in the
15 economic viability of this state, and
16 WHEREAS, a mechanism is needed whereby persons with
17 disabilities who choose to enter the workforce can continue to
18 retain access to health care that is available only if they
19 remained unemployed, and
20 WHEREAS, a federal Medicaid work incentive program has been
21 designed to improve the economic vitality of persons with
22 disabilities by allowing higher income or asset limits and the
23 option to pay a premium for Medicaid healthcare services, NOW,
24 THEREFORE,
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (10) is added to section 409.904,
29 Florida Statutes, to read:
30 409.904 Optional payments for eligible persons.—The agency
31 may make payments for medical assistance and related services on
32 behalf of the following persons who are determined to be
33 eligible subject to the income, assets, and categorical
34 eligibility tests set forth in federal and state law. Payment on
35 behalf of these Medicaid eligible persons is subject to the
36 availability of moneys and any limitations established by the
37 General Appropriations Act or chapter 216.
38 (10) Subject to federal authorization, a person who is
39 determined to be disabled and who, but for earnings, would be
40 considered eligible for supplemental security income; whose
41 countable earnings, taking into account supplemental security
42 income and earned income disregards, do not exceed 250 percent
43 of the federal poverty level and whose unearned income does not
44 exceed 88 percent of the most current federal poverty level; and
45 who has attained 16 years of age but is younger than 65 years of
46 age may be eligible for Medicaid services as part of a Medicaid
47 buy-in program designed to accommodate persons made eligible
48 under Title II of Pub. L. No. 106-170. A participant in the
49 Medicaid buy-in program shall be charged a premium based on a
50 sliding scale once the participant's earned income exceeds 100
51 percent of the federal poverty level. Assets excluded, in
52 addition to those excluded under the supplemental security
53 income program, are as follows: cash assets in the amount of
54 $10,000 for a single individual and $15,000 for a couple; any
55 retirement account recognized by the Internal Revenue Service;
56 and a second vehicle for a couple.
57 Section 2. The Agency for Health Care Administration shall
58 seek amendments to Medicaid waivers serving persons with
59 disabilities to provide that persons who are eligible for
60 Medicaid under a Medicaid buy-in program authorized under s.
61 409.904(10), Florida Statutes, may be eligible for services
62 under waivers if they otherwise meet the level of care
63 qualifications for services under such waiver.
64 Section 3. This act shall take effect July 1, 2009.