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.