HB 0041A 2003
   
1 A bill to be entitled
2          An act relating to the medically needy; amending s.
3    409.904, F.S.; revising standards for eligibility for
4    certain optional medical assistance; providing for
5    construction of the act in pari materia with laws enacted
6    during the Regular Session of the Legislature; providing
7    an effective date.
8         
9          Be It Enacted by the Legislature of the State of Florida:
10         
11          Section 1. Subsections (1) and (2) of section 409.904,
12    Florida Statutes, are amended to read:
13          409.904 Optional payments for eligible persons.--The
14    agency may make payments for medical assistance and related
15    services on behalf of the following persons who are determined
16    to be eligible subject to the income, assets, and categorical
17    eligibility tests set forth in federal and state law. Payment on
18    behalf of these Medicaid eligible persons is subject to the
19    availability of moneys and any limitations established by the
20    General Appropriations Act or chapter 216.
21          (1) A person who is age 65 or older or is determined to be
22    disabled, whose income is at or below 10088percent of federal
23    poverty level, and whose assets do not exceed established
24    limitations.
25          (2) A familycaretaker relative or parent, a pregnant
26    woman, a child under age 1819 who would otherwise qualify for
27    Florida Kidcare Medicaid, a child up to age 21 who would
28    otherwise qualify under s. 409.903(1), a person age 65 or over,
29    or a blind or disabled person, who would otherwise be eligible
30    under any group listed in s. 409.903(1), (2), or (3)for Florida
31    Medicaid, except that the income or assets of such family or
32    person exceed established limitations.
33         
34          For a family or person in one of these coverage groups, medical
35    expenses are deductible from income in accordance with federal
36    requirements in order to make a determination of eligibility.
37    Expenses used to meet spend-down liability are not reimbursable
38    by Medicaid. Effective May 1, 2003, when determining the
39    eligibility of a pregnant woman, a child, or an aged, blind, or
40    disabled individual, $270 shall be deducted from the countable
41    income of the filing unit. When determining the eligibility of
42    the parent or caretaker relative as defined by Title XIX of the
43    Social Security Act, the additional income disregard of $270
44    does not apply.A family or person eligible under the coverage
45    known as the "medically needy," is eligible to receive the same
46    services as other Medicaid recipients, with the exception of
47    services in skilled nursing facilities and intermediate care
48    facilities for the developmentally disabled.
49          Section 2. If any law amended by this act was also amended
50    by a law enacted at the 2003 Regular Session of the Legislature,
51    such laws shall be construed as if they had been enacted at the
52    same session of the Legislature, and full effect shall be given
53    to each if possible.
54          Section 3. This act shall take effect July 1, 2003.