HB 529

1
A bill to be entitled
2An act relating to optional payments for medical
3assistance; amending s. 409.904, F.S.; providing for
4Medicaid eligibility for certain persons with disabilities
5under a Medicaid buy-in program, subject to specific
6federal authorization; requiring the Agency for Health
7Care Administration to seek amendments to specified
8Medicaid waivers for certain persons with disabilities;
9providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (10) is added to section 409.904,
14Florida Statutes, to read:
15     409.904  Optional payments for eligible persons.--The
16agency may make payments for medical assistance and related
17services on behalf of the following persons who are determined
18to be eligible subject to the income, assets, and categorical
19eligibility tests set forth in federal and state law. Payment on
20behalf of these Medicaid eligible persons is subject to the
21availability of moneys and any limitations established by the
22General Appropriations Act or chapter 216.
23     (10)  Subject to federal authorization, a person who is
24determined to be disabled and who, but for earnings, would be
25considered eligible for supplemental security income; whose
26countable earnings, taking into account supplemental security
27income and earned income disregards, do not exceed 250 percent
28of the federal poverty level and whose unearned income does not
29exceed 88 percent of the most current federal poverty level; and
30who has attained 16 years of age but is younger than 65 years of
31age may be eligible for Medicaid services as part of a Medicaid
32buy-in program specifically designed to accommodate those
33persons made eligible for a buy-in by Title II of Pub. L. No.
34106-170. A participant in the Medicaid buy-in program shall be
35charged a premium based on a sliding scale once the
36participant's earned income exceeds 100 percent of the federal
37poverty level. Assets excluded, in addition to those excluded
38under the supplemental security income program, are as follows:
39cash assets in the amount of $10,000 for a single individual and
40$12,000 for a couple, any retirement account recognized by the
41Internal Revenue Service, and a second vehicle for a couple.
42     Section 2.  The Agency for Health Care Administration shall
43seek amendments to Medicaid waivers serving persons with
44disabilities to provide that persons who are eligible for
45Medicaid under a Medicaid buy-in program authorized under s.
46409.904(10), Florida Statutes, may be eligible for services
47under waivers if they otherwise meet the level of care
48qualifications for services under such waiver.
49     Section 3.  This act shall take effect July 1, 2009.


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