About the time I’m convinced that this blog should be mostly, if not all devotional, I get something like this in my e-mail box.  It is a bill that gives people the ability to buy into the Medicaid program, even if they become ineligible because they go to work and have a higher income.  The law reads as though there is currently a buy-in program, but no one seems to know about it, if it exists.  There are still lots of questions that don’t seem to be answered.  Is the Medicaid buy in program part of a larger federal program?  How much do you need to make before you must opt out?  What is the cost?  Can those who never had medicare because they worked but never had insurance either buy in? 

    

HB 1311 2008

CODING: Words stricken are deletions; words underlined are additions.

hb1311-00

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

1 A bill to be entitled

2 An act relating to optional payments for medical

3 assistance; amending s. 409.904, F.S.; providing for

4 Medicaid eligibility for certain persons with disabilities

5 under a Medicaid buy-in program, subject to specific

6 federal authorization; requiring the Agency for Health

7 Care Administration to seek amendments to specified

8 Medicaid waivers for certain persons with disabilities;

9 providing an effective date.

10

11 Be It Enacted by the Legislature of the State of Florida:

12

13 Section 1. Subsection (10) is added to section 409.904,

14 Florida Statutes, to read:

15 409.904 Optional payments for eligible persons.–The

16 agency may make payments for medical assistance and related

17 services on behalf of the following persons who are determined

18 to be eligible subject to the income, assets, and categorical

19 eligibility tests set forth in federal and state law. Payment on

20 behalf of these Medicaid eligible persons is subject to the

21 availability of moneys and any limitations established by the

22 General Appropriations Act or chapter 216.

23 (10) Subject to specific federal authorization, a person

24 who is determined to be disabled and who, but for earnings,

25 would be considered for receiving supplemental security income;

26 whose countable earnings, taking into account supplemental

27 security income earned income disregards, do not exceed 250

28 percent of the federal poverty level and whose unearned income

HB 1311 2008

CODING: Words stricken are deletions; words underlined are additions.

hb1311-00

Page 2 of 2

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

29 does not exceed 88 percent of the most current federal poverty

30 level; who has attained 16 years of age but who is less than 65

31 years of age may be eligible for Medicaid services as part of a

32 Medicaid buy-in program established under s. 409.914(2)

33 specifically designed to accommodate those persons made eligible

34 for such a buy-in by Title II of Pub. L. No. 106-170. A

35 participant in the Medicaid buy-in program must be charged a

36 premium based on a sliding scale once the participant’s earned

37 income exceeds 100 percent of the federal poverty level.

38 Additional assets excluded under the supplemental security

39 income program are as follows: cash assets in the amount of

40 $8,000 for a single individual and $9,000 for a couple; any

41 retirement account recognized by the Internal Revenue Service;

42 and a second vehicle for a couple.

43 Section 2. The Agency for Health Care Administration shall

44 seek amendments to Medicaid waivers serving persons with

45 disabilities to provide that persons who are eligible for

46 Medicaid under a Medicaid buy-in program authorized under s.

47 409.904(10), Florida Statutes, may be eligible for services

48 under waivers if they otherwise meet the level of care

49 qualifications for services under such a waiver.

50 Section 3. This act shall take effect July 1, 2008.