| 1 | A bill to be entitled |
| 2 | An act relating to optional payments for medical |
| 3 | assistance; amending s. 409.904, F.S.; providing for |
| 4 | Medicaid eligibility for certain persons with disabilities |
| 5 | under a Medicaid buy-in program, subject to specific |
| 6 | federal authorization; requiring the Agency for Health |
| 7 | Care Administration to seek amendments to specified |
| 8 | Medicaid waivers for certain persons with disabilities; |
| 9 | providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (10) is added to section 409.904, |
| 14 | Florida Statutes, to read: |
| 15 | 409.904 Optional payments for eligible persons.--The |
| 16 | agency may make payments for medical assistance and related |
| 17 | services on behalf of the following persons who are determined |
| 18 | to be eligible subject to the income, assets, and categorical |
| 19 | eligibility tests set forth in federal and state law. Payment on |
| 20 | behalf of these Medicaid eligible persons is subject to the |
| 21 | availability of moneys and any limitations established by the |
| 22 | General Appropriations Act or chapter 216. |
| 23 | (10) Subject to federal authorization, a person who is |
| 24 | determined to be disabled and who, but for earnings, would be |
| 25 | considered eligible for supplemental security income; whose |
| 26 | countable earnings, taking into account supplemental security |
| 27 | income and earned income disregards, do not exceed 250 percent |
| 28 | of the federal poverty level and whose unearned income does not |
| 29 | exceed 88 percent of the most current federal poverty level; and |
| 30 | who has attained 16 years of age but is younger than 65 years of |
| 31 | age may be eligible for Medicaid services as part of a Medicaid |
| 32 | buy-in program specifically designed to accommodate those |
| 33 | persons made eligible for a buy-in by Title II of Pub. L. No. |
| 34 | 106-170. A participant in the Medicaid buy-in program shall be |
| 35 | charged a premium based on a sliding scale once the |
| 36 | participant's earned income exceeds 100 percent of the federal |
| 37 | poverty level. Assets excluded, in addition to those excluded |
| 38 | under the supplemental security income program, are as follows: |
| 39 | cash assets in the amount of $10,000 for a single individual and |
| 40 | $12,000 for a couple, any retirement account recognized by the |
| 41 | Internal Revenue Service, and a second vehicle for a couple. |
| 42 | Section 2. The Agency for Health Care Administration shall |
| 43 | seek amendments to Medicaid waivers serving persons with |
| 44 | disabilities to provide that persons who are eligible for |
| 45 | Medicaid under a Medicaid buy-in program authorized under s. |
| 46 | 409.904(10), Florida Statutes, may be eligible for services |
| 47 | under waivers if they otherwise meet the level of care |
| 48 | qualifications for services under such waiver. |
| 49 | Section 3. This act shall take effect July 1, 2009. |