Florida Senate - 2026                                    SB 1016
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-00950A-26                                           20261016__
    1                        A bill to be entitled                      
    2         An act relating to medical assistance eligibility for
    3         working persons with disabilities; creating s.
    4         409.9041, F.S.; defining the term “department”;
    5         creating the Working People with Disabilities program
    6         within the Agency for Health Care Administration;
    7         providing the purpose of the program; specifying
    8         eligibility requirements; specifying income and asset
    9         requirements for eligibility in the program; requiring
   10         the Department of Children and Families to provide a
   11         written notice of specified information to eligible
   12         adults upon their initial enrollment in certain
   13         Medicaid waiver programs, and at least annually
   14         thereafter; requiring the department to provide the
   15         initial written notice to currently eligible enrollees
   16         within a specified timeframe; providing an effective
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 409.9041, Florida Statutes, is created
   22  to read:
   23         409.9041 Working People with Disabilities program.—
   24         (1) As used in this section, the term “department” means
   25  the Department of Children and Families.
   26         (2) The Working People with Disabilities program is
   27  established within the agency. The purpose of the program is to
   28  eliminate barriers to employment by allowing certain working
   29  individuals with disabilities to maintain eligibility for
   30  Medicaid home and community-based services waiver programs while
   31  working and earning additional income.
   32         (3) An individual is eligible for the program and must
   33  automatically be enrolled if he or she meets all of the
   34  following criteria:
   35         (a) Has a developmental disability as defined in s.
   36  393.063.
   37         (b) Is currently enrolled in a Medicaid home and community
   38  based services waiver program, including the home and community
   39  based services Medicaid waiver program under s. 393.0662, the
   40  familial dysautonomia waiver program authorized under s.
   41  409.912(10), the long-term care managed care program under s.
   42  409.978, the pilot program for individuals with developmental
   43  disabilities under s. 409.9855, or the Florida Medicaid Model
   44  Waiver.
   45         (c) Is at least 18 years of age.
   46         (d) Is employed and earning income.
   47         (4) To maintain Medicaid eligibility, the enrollee’s
   48  maximum monthly income may not exceed 550 percent of the
   49  Supplemental Security Income Federal Benefit Rate established by
   50  the Social Security Administration. The agency and department
   51  shall disregard assets up to $13,000 for an enrollee and up to
   52  $24,000 for an enrollee and his or her spouse, and exclude an
   53  enrollee’s assets held in a retirement account recognized by the
   54  Internal Revenue Service, when determining eligibility for the
   55  Medicaid program.
   56         (5) The department shall provide written notice to eligible
   57  adults upon initial enrollment in a waiver program described in
   58  paragraph (3)(b) and at least annually thereafter. The notice
   59  must clearly and concisely communicate all of the following
   60  information:
   61         (a) Automatic enrollment in the program.
   62         (b) Eligibility and qualifications for participation in the
   63  program.
   64         (c) The enrollee’s ability to maintain Medicaid benefits
   65  while earning income under the program.
   66         (d) The optional nature of participation in the program.
   67         (e) A brief overview of a special needs trust authorized by
   68  the federal Social Security Act and how it may assist with
   69  maintaining eligibility for benefits.
   70         (f) The name and contact information for the person or
   71  office within the department responsible for providing
   72  information regarding eligibility for or assistance with the
   73  program.
   74         Section 2. The Department of Children and Families shall
   75  provide the written notice required under s. 409.9041(5),
   76  Florida Statutes, to currently eligible enrollees under s.
   77  409.9041(3), Florida Statutes, within 90 days after the
   78  effective date of this act.
   79         Section 3. This act shall take effect upon becoming a law.