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.