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.