Florida Senate - 2009                                     SB 348
       
       
       
       By Senator Crist
       
       
       
       
       12-00219B-09                                           2009348__
    1                        A bill to be entitled                      
    2         An act relating to Medicaid buy-in for persons with
    3         disabilities; amending s. 409.904, F.S.; providing for
    4         Medicaid eligibility for certain persons with
    5         disabilities under a Medicaid buy-in program, subject
    6         to specific federal authorization; requiring the
    7         Agency for Health Care Administration to seek
    8         amendments to specified Medicaid waivers for certain
    9         persons with disabilities; providing an effective
   10         date.
   11         
   12         WHEREAS, continued access to health care services is one of
   13  the most significant barriers preventing persons with
   14  disabilities from seeking employment and participating in the
   15  economic viability of this state, and
   16         WHEREAS, a mechanism is needed whereby persons with
   17  disabilities who choose to enter the workforce can continue to
   18  retain access to health care that is available only if they
   19  remained unemployed, and
   20         WHEREAS, a federal Medicaid work incentive program has been
   21  designed to improve the economic vitality of persons with
   22  disabilities by allowing higher income or asset limits and the
   23  option to pay a premium for Medicaid healthcare services, NOW,
   24  THEREFORE,
   25         
   26  Be It Enacted by the Legislature of the State of Florida:
   27         
   28         Section 1. Subsection (10) is added to section 409.904,
   29  Florida Statutes, to read:
   30         409.904 Optional payments for eligible persons.—The agency
   31  may make payments for medical assistance and related services on
   32  behalf of the following persons who are determined to be
   33  eligible subject to the income, assets, and categorical
   34  eligibility tests set forth in federal and state law. Payment on
   35  behalf of these Medicaid eligible persons is subject to the
   36  availability of moneys and any limitations established by the
   37  General Appropriations Act or chapter 216.
   38         (10) Subject to federal authorization, a person who is
   39  determined to be disabled and who, but for earnings, would be
   40  considered eligible for supplemental security income; whose
   41  countable earnings, taking into account supplemental security
   42  income and earned income disregards, do not exceed 250 percent
   43  of the federal poverty level and whose unearned income does not
   44  exceed 88 percent of the most current federal poverty level; and
   45  who has attained 16 years of age but is younger than 65 years of
   46  age may be eligible for Medicaid services as part of a Medicaid
   47  buy-in program designed to accommodate persons made eligible
   48  under Title II of Pub. L. No. 106-170. A participant in the
   49  Medicaid buy-in program shall be charged a premium based on a
   50  sliding scale once the participant's earned income exceeds 100
   51  percent of the federal poverty level. Assets excluded, in
   52  addition to those excluded under the supplemental security
   53  income program, are as follows: cash assets in the amount of
   54  $10,000 for a single individual and $15,000 for a couple; any
   55  retirement account recognized by the Internal Revenue Service;
   56  and a second vehicle for a couple.
   57         Section 2. The Agency for Health Care Administration shall
   58  seek amendments to Medicaid waivers serving persons with
   59  disabilities to provide that persons who are eligible for
   60  Medicaid under a Medicaid buy-in program authorized under s.
   61  409.904(10), Florida Statutes, may be eligible for services
   62  under waivers if they otherwise meet the level of care
   63  qualifications for services under such waiver.
   64         Section 3. This act shall take effect July 1, 2009.