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.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
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.

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(
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.