Florida Senate - 2010 SB 2038 By Senator Crist 12-00282B-10 20102038__ 1 A bill to be entitled 2 An act relating to the Medicaid buy-in program for 3 persons with disabilities; amending s. 409.904, F.S.; 4 providing for Medicaid eligibility for certain persons 5 with disabilities under a Medicaid buy-in program, 6 subject to specific federal authorization; requiring 7 the Department of Children and Family Services to 8 adopt rules for determining program eligibility; 9 directing the Department of Health to perform all 10 disability determinations; requiring the Agency for 11 Health Care Administration to seek amendments to 12 specified Medicaid waivers for certain persons with 13 disabilities; providing an effective date. 14 15 WHEREAS, fear of losing access to health care services is 16 one of the most significant concerns preventing persons with 17 disabilities from seeking employment and participating in the 18 economic viability of this state, and 19 WHEREAS, a mechanism is needed whereby persons with 20 disabilities who choose to enter the workforce can continue to 21 retain access to health care that currently is available only if 22 they remained unemployed, and 23 WHEREAS, a federal Medicaid work incentive program has been 24 designed to improve the economic vitality of persons with 25 disabilities by allowing higher income or asset limits and the 26 option to pay a premium for Medicaid health care services, NOW, 27 THEREFORE, 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Subsection (10) is added to section 409.904, 32 Florida Statutes, to read: 33 409.904 Optional payments for eligible persons.—The agency 34 may make payments for medical assistance and related services on 35 behalf of the following persons who are determined to be 36 eligible subject to the income, assets, and categorical 37 eligibility tests set forth in federal and state law. Payment on 38 behalf of these Medicaid eligible persons is subject to the 39 availability of moneys and any limitations established by the 40 General Appropriations Act or chapter 216. 41 (10) Subject to federal authorization, a person who is 42 determined to be disabled and who, but for earnings, would be 43 considered eligible for supplemental security income; whose 44 countable earnings, taking into account supplemental security 45 income and earned income disregards, do not exceed 250 percent 46 of the federal poverty level and whose unearned income does not 47 exceed 88 percent of the most current federal poverty level; and 48 who has attained 16 years of age but is younger than 65 years of 49 age may be eligible for Medicaid services as part of a Medicaid 50 buy-in program designed to accommodate persons made eligible 51 under Title II of Pub. L. No. 106-170. A participant in the 52 Medicaid buy-in program shall pay a premium based on a sliding 53 scale once the participant’s earned income exceeds 100 percent 54 of the federal poverty level. Assets excluded, in addition to 55 those excluded under the supplemental security income program, 56 are as follows: cash assets in the amount of $12,000 for a 57 single individual and $18,000 for a couple; any retirement 58 account recognized by the Internal Revenue Service; and a second 59 vehicle for a couple. 60 (a) The Department of Children and Family Services shall 61 adopt rules for determining eligibility for enrollment in the 62 program. 63 (b) The Department of Health shall perform all disability 64 determinations for persons seeking enrollment in the program. 65 Section 2. The Agency for Health Care Administration shall 66 seek amendments to Medicaid waivers serving persons with 67 disabilities to provide that persons who are eligible for 68 Medicaid under a Medicaid buy-in program authorized under s. 69 409.904(10), Florida Statutes, may be eligible for services 70 under waivers if they otherwise meet the level of care 71 qualifications for services under the waiver. 72 Section 3. This act shall take effect July 1, 2010.