HB 837

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

CODING: Words stricken are deletions; words underlined are additions.