THE BILL ITSELF
CS/SB 1016
Medical Assistance Eligibility for Working Persons with Disabilities
Florida Senate - 2026 CS for SB 1016 By the Committee on Children, Families, and Elder Affairs; and Senator Bradley 586-02239-26 20261016c1
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 agency to identify certain
15
Medicaid recipients and share such information with
16
the department for a specified purpose; requiring the
17
department to provide the initial written notice to
18
currently eligible enrollees within a specified
19
timeframe; providing an effective date.
21
Be It Enacted by the Legislature of the State of Florida:
23
Section 1. Section 409.9041, Florida Statutes, is created
24
to read:
25
409.9041 Working People with Disabilities program.—
26
(1) As used in this section, the term “department” means
27
the Department of Children and Families.
28
(2) The Working People with Disabilities program is
29
established within the agency. The purpose of the program is to
30
eliminate barriers to employment by allowing certain working
31
individuals with disabilities to maintain eligibility for
32
Medicaid home and community-based services waiver programs while
33
working and earning additional income.
34
(3) An individual is eligible for the program if he or she
35
meets all of the following criteria:
36
(a) Has a developmental disability as defined in s.
37
393.063.
38
(b) Is currently enrolled in a Medicaid home and community
39
based services waiver program, including the home and community
40
based services Medicaid waiver program under s. 393.0662, the
41
familial dysautonomia waiver program authorized under s.
42
409.912(10), the long-term care managed care program under s.
43
409.978, the pilot program for individuals with developmental
44
disabilities under s. 409.9855, or the Florida Medicaid Model
45
Waiver.
46
(c) Is at least 18 years of age.
47
(d) Is employed and earning income.
48
(4) To maintain Medicaid eligibility, the enrollee’s
49
maximum monthly income may not exceed 550 percent of the
50
Supplemental Security Income Federal Benefit Rate established by
51
the Social Security Administration. The agency and department
52
shall disregard assets up to $13,000 for an enrollee and up to
53
$24,000 for an enrollee and his or her spouse, and exclude an
54
enrollee’s assets held in a retirement account recognized by the
55
Internal Revenue Service, when determining eligibility for the
56
Medicaid program.
57
(5) The department shall provide written notice to eligible
58
adults upon initial enrollment in a waiver program described in
59
paragraph (3)(b) and at least annually thereafter. The notice
60
must clearly and concisely communicate all of the following
61
information with the option to opt into the program:
62
(a) Eligibility and qualifications for participation in the
63
program.
64
(b) The enrollee’s ability to maintain Medicaid benefits
65
while earning income under the program.
66
(c) The optional nature of participation in the program.
67
(d) 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
(e) 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
(6) The agency shall identify Medicaid recipients who are
75
enrolled in a Supplemental Security Income program and a
76
Medicaid home and community-based services waiver program listed
77
in paragraph (3)(b) and share such information with the
78
department as necessary to accomplish the purpose of this
79
section.
80
Section 2. The Department of Children and Families shall
81
provide the written notice required under s. 409.9041(5),
82
Florida Statutes, to currently eligible enrollees under s.
83
409.9041(3), Florida Statutes, within 90 days after the
84
effective date of this act.
85
Section 3. This act shall take effect upon becoming a law.