Bill Text: FL S2038 | 2010 | Regular Session | Comm Sub

Bill Title: Medicaid Buy-in Program/Persons with Disabilities [WPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Health and Human Services Appropriations [S2038 Detail]

Download: Florida-2010-S2038-Comm_Sub.html
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. 
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, 
30  Be It Enacted by the Legislature of the State of Florida: 
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.