January 18, 2021
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_h0837__
HB 837

1
A bill to be entitled
2An act relating to Medicaid buy-in for persons with
3disabilities; amending s. 409.904, F.S.; providing for
4Medicaid eligibility for certain persons with disabilities
5under a Medicaid buy-in program, subject to specific
6federal authorization; requiring the Agency for Health
7Care Administration to seek amendments to specified
8Medicaid waivers for certain persons with disabilities;
9providing an effective date.
10
11     WHEREAS, fear of losing access to health care services is
12one of the most significant concerns preventing persons with
13disabilities from seeking employment and participating in the
14economic viability of this state, and
15     WHEREAS, a mechanism is needed whereby persons with
16disabilities who choose to enter the workforce can continue to
17retain access to health care that currently is available only if
18they remained unemployed, and
19     WHEREAS, a federal Medicaid work incentive program has been
20designed to improve the economic vitality of persons with
21disabilities by allowing higher income or asset limits and the
22option to pay a premium for Medicaid health care services, NOW,
23THEREFORE,
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsection (10) is added to section 409.904,
28Florida Statutes, to read:
29     409.904  Optional payments for eligible persons.-The agency
30may make payments for medical assistance and related services on
31behalf of the following persons who are determined to be
32eligible subject to the income, assets, and categorical
33eligibility tests set forth in federal and state law. Payment on
34behalf of these Medicaid eligible persons is subject to the
35availability of moneys and any limitations established by the
36General Appropriations Act or chapter 216.
37     (10)  Subject to federal authorization, a person who is
38determined to be disabled and who, but for earnings, would be
39considered eligible for supplemental security income; whose
40countable earnings, taking into account supplemental security
41income and earned income disregards, do not exceed 250 percent
42of the federal poverty level and whose unearned income does not
43exceed 88 percent of the current federal poverty level; and who
44has attained 16 years of age but is younger than 65 years of age
45may be eligible for Medicaid services as part of a Medicaid buy-
46in program designed to accommodate persons made eligible under
47Title II of Pub. L. No. 106-170. A participant in the Medicaid
48buy-in program shall pay a premium based on a sliding scale once
49the participant's earned income exceeds 100 percent of the
50federal poverty level. Assets excluded, in addition to those
51excluded under the supplemental security income program, are as
52follows: cash assets in the amount of $12,000 for a single
53individual and $18,000 for a couple; any retirement account
54recognized by the Internal Revenue Service; and a second vehicle
55for a couple.
56     Section 2.  The Agency for Health Care Administration shall
57seek amendments to Medicaid waivers serving persons with
58disabilities to provide that persons who are eligible for
59Medicaid under a Medicaid buy-in program authorized under s.
60409.904(10), Florida Statutes, may be eligible for services
61under waivers if they otherwise meet the level of care
62qualifications 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.
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