Medical Assistance Eligibility for Working Individuals with Disabilities

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An act relating to medical assistance eligibility for 2
working individuals with disabilities; creating s. 3
409.9041, F.S.; providing the definition of the term 4
"department"; creating the Working People with 5
Disabilities program within the Agency for Health Care 6
Administration; providing for purpose of the program; 7
providing eligibility requirements; providing income 8
and assets requirements for eligibility in the 9
program; requiring the department to provide written 10
notice to eligible adults within a specified 11
timeframe; providing requirements for such notice; 12
requiring the agency to share specified information 13
with the department; providing an effective date. 14
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Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Section 409.9041, Florida Statutes, is created 18
to read: 19
409.9041 Working People with Disabilities program.— 20
(1) As used in this section, the term "department" means 21
the Department of Children and Families. 22
(2) The Working People with Disabilities program is 23
established within the agency. The purpose of the program is to 24
eliminate barriers to employment by allowing certain working 25

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individuals with disabilities to maintain eligibility for 26
Medicaid home and community-based services waiver programs while 27
working and earning additional income. 28
(3) A person is eligible for the program and must be 29
automatically enrolled if he or she: 30
(a) Has a developmental disability as defined in s. 31
393.063. 32
(b) Is currently enrolled in a Medicaid home and 33
community-based services waiver, including the home and 34
community-based services Medicaid waiver program under s. 35
393.0662, the familial dysautonomia waiver authorized under s. 36
409.912(10), the long-term care managed care program under s. 37
409.978, the pilot program for individuals with developmental 38
disabilities under s. 409.9855, or the Florida Medicaid Model 39
Waiver. 40
(c) Is at least 18 years of age. 41
(d) Is employed and has earned income. 42
(4) To maintain Medicaid eligibility, an enrollee in this 43
program may not exceed a maximum monthly income of 550 percent 44
of the Supplemental Security Income Federal Benefit Rate 45
established by the Social Security Administration. The agency 46
and the department must disregard assets up to $13,000 for an 47
individual and up to $24,000 for a couple and exclude assets 48
held in a retirement account recognized by the Internal Revenue 49
Service from asset limits when determining eligibility for the 50

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Medicaid program. 51
(5) The department shall provide written notice to 52
eligible adults upon initial enrollment in a waiver described in 53
paragraph (3)(b), and at least annually thereafter. The notice 54
shall clearly and concisely communicate all of the following 55
information: 56
(a) Automatic enrollment in the program. 57
(b) Eligibility and qualifications for the program. 58
(c) The ability to maintain Medicaid benefits while 59
earning income in the program. 60
(d) The optional nature of participation in the program. 61
(e) A brief overview of a special needs trust authorized 62
by the federal Social Security Act and how it may assist with 63
maintaining eligibility for benefits. 64
(f) The name and contact information for the person or 65
office within the department responsible for providing 66
information regarding eligibility for or assistance with the 67
program. 68
(6) The agency shall identify Medicaid recipients who are 69
enrolled in Supplemental Security Income and a Medicaid home and 70
community-based services waiver listed in paragraph (3)(b) and 71
share such information with the department as necessary to 72
accomplish the purpose of this section. 73
Section 2. The Department of Children and Families shall 74
provide the written notices required under s. 409.9041(5), 75

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Florida Statutes, to currently eligible enrollees under s. 76
409.9041(3), Florida Statutes, within 90 days after the 77
effective date of this act. 78
Section 3. This act shall take effect upon becoming a law. 79