Florida Senate - 2010                             CS for SB 2038
       
       
       
       By the Committee on Health Regulation; and Senator Crist
       
       
       
       
       588-03763A-10                                         20102038c1
    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 establish and administer
   12         the buy-in program and to seek amendments to specified
   13         Medicaid waivers for certain persons with
   14         disabilities; providing an effective date.
   15  
   16         WHEREAS, fear of losing access to health care services is
   17  one of the most significant concerns preventing persons with
   18  disabilities from seeking employment and participating in the
   19  economic viability of this state, and
   20         WHEREAS, a mechanism is needed whereby persons with
   21  disabilities who choose to enter the workforce can continue to
   22  retain access to health care that currently is available only if
   23  they remained unemployed, and
   24         WHEREAS, a federal Medicaid work incentive program has been
   25  designed to improve the economic vitality of persons with
   26  disabilities by allowing higher income or asset limits and the
   27  option to pay a premium for Medicaid health care services, NOW,
   28  THEREFORE,
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (10) is added to section 409.904,
   33  Florida Statutes, to read:
   34         409.904 Optional payments for eligible persons.—The agency
   35  may make payments for medical assistance and related services on
   36  behalf of the following persons who are determined to be
   37  eligible subject to the income, assets, and categorical
   38  eligibility tests set forth in federal and state law. Payment on
   39  behalf of these Medicaid eligible persons is subject to the
   40  availability of moneys and any limitations established by the
   41  General Appropriations Act or chapter 216.
   42         (10)Subject to federal authorization, a person who is
   43  determined to be disabled and who, but for earnings, would be
   44  considered eligible for supplemental security income; whose
   45  countable earnings, taking into account supplemental security
   46  income and earned income disregards, do not exceed 250 percent
   47  of the federal poverty level and whose unearned income does not
   48  exceed 88 percent of the most current federal poverty level; and
   49  who has attained 16 years of age but is younger than 65 years of
   50  age may be eligible for Medicaid services as part of a Medicaid
   51  buy-in program designed to accommodate persons made eligible
   52  under Title II of Pub. L. No. 106-170. A participant in the
   53  Medicaid buy-in program shall pay a premium based on a sliding
   54  scale once the participant’s earned income exceeds 100 percent
   55  of the federal poverty level. Assets excluded, in addition to
   56  those excluded under the supplemental security income program,
   57  are as follows: cash assets in the amount of $12,000 for a
   58  single individual and $18,000 for a couple; any retirement
   59  account recognized by the Internal Revenue Service; and a second
   60  vehicle for a couple.
   61         (a) The Department of Children and Family Services shall
   62  adopt rules for determining eligibility for enrollment in the
   63  program.
   64         (b) The Department of Health shall perform all disability
   65  determinations for persons seeking enrollment in the program.
   66         Section 2. Subject to the availability of state and federal
   67  funds, the Agency for Health Care Administration shall establish
   68  and administer the Medicaid buy-in program described in s.
   69  409.904(10), Florida Statutes. The agency shall also seek
   70  amendments to Medicaid waivers serving persons with disabilities
   71  to provide that persons who are eligible for Medicaid under the
   72  buy-in program are also eligible for services under the waivers
   73  if they otherwise meet the level of care qualifications for
   74  services under the waiver.
   75         Section 3. This act shall take effect July 1, 2010.