THE BILL ITSELF
CS/HB 915
Medical Assistance Eligibility for Working Individuals with Disabilities
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An act relating to medical assistance eligibility for
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working individuals with disabilities; creating s.
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409.9041, F.S.; providing the definition of the term
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"department"; creating the Working People with
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Disabilities program within the Agency for Health Care
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Administration; providing for purpose of the program;
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providing eligibility requirements; providing income
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and assets requirements for eligibility in the
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program; requiring the department to provide written
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notice to eligible adults within a specified
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timeframe; providing requirements for such notice;
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requiring the agency to share specified information
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with the department; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 409.9041, Florida Statutes, is created
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to read:
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409.9041 Working People with Disabilities program.—
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(1) As used in this section, the term "department" means
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the Department of Children and Families.
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(2) The Working People with Disabilities program is
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established within the agency. The purpose of the program is to
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eliminate barriers to employment by allowing certain working
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individuals with disabilities to maintain eligibility for
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Medicaid home and community-based services waiver programs while
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working and earning additional income.
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(3) A person is eligible for the program and must be
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automatically enrolled if he or she:
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(a) Has a developmental disability as defined in s.
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393.063.
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(b) Is currently enrolled in a Medicaid home and
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community-based services waiver, including the home and
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community-based services Medicaid waiver program under s.
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393.0662, the familial dysautonomia waiver authorized under s.
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409.912(10), the long-term care managed care program under s.
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409.978, the pilot program for individuals with developmental
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disabilities under s. 409.9855, or the Florida Medicaid Model
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Waiver.
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(c) Is at least 18 years of age.
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(d) Is employed and has earned income.
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(4) To maintain Medicaid eligibility, an enrollee in this
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program may not exceed a maximum monthly income of 550 percent
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of the Supplemental Security Income Federal Benefit Rate
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established by the Social Security Administration. The agency
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and the department must disregard assets up to $13,000 for an
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individual and up to $24,000 for a couple and exclude assets
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held in a retirement account recognized by the Internal Revenue
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Service from asset limits when determining eligibility for the
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Medicaid program.
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(5) The department shall provide written notice to
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eligible adults upon initial enrollment in a waiver described in
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paragraph (3)(b), and at least annually thereafter. The notice
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shall clearly and concisely communicate all of the following
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information:
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(a) Automatic enrollment in the program.
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(b) Eligibility and qualifications for the program.
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(c) The ability to maintain Medicaid benefits while
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earning income in the program.
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(d) The optional nature of participation in the program.
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(e) A brief overview of a special needs trust authorized
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by the federal Social Security Act and how it may assist with
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maintaining eligibility for benefits.
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(f) The name and contact information for the person or
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office within the department responsible for providing
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information regarding eligibility for or assistance with the
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program.
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(6) The agency shall identify Medicaid recipients who are
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enrolled in Supplemental Security Income and a Medicaid home and
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community-based services waiver listed in paragraph (3)(b) and
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share such information with the department as necessary to
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accomplish the purpose of this section.
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Section 2. The Department of Children and Families shall
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provide the written notices required under s. 409.9041(5),
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Florida Statutes, to currently eligible enrollees under s.
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409.9041(3), Florida Statutes, within 90 days after the
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effective date of this act.
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Section 3. This act shall take effect upon becoming a law.