RELATING TO PERSONS WITH DISABILITIES.

SB2275

THE SENATE

S.B. NO.

2275

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to persons with disabilities
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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Chapter 346,
Hawaii Revised Statutes, is amended by adding a new section to be appropriately
designated and to read as follows:

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"
�346-
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Medicaid
buy-in program for workers with disabilities.
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(a)
�

The department shall adopt the option made available under section
1902(a)(10)(A)(ii)(XIII) of the Social Security Act.

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(b)
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To be eligible for benefits under this
section, an individual shall:

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(1)
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Have a net countable income greater
than two hundred fifty per cent of the federal poverty level for one person or,
if the deeming of spousal income applies to the individual, the individual shall
have a net countable income greater than two hundred fifty per cent of the
federal poverty level for two persons;

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(2)
�
Be disabled under title II or XVI or
section 1902(v) of the Social Security Act; provided that an individual shall
be determined to be eligible under this section without regard to the
individual's ability to engage in, or actual engagement in, substantial gainful
activity, as defined in section 223(d)(4) of the Social Security Act; and

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(3)
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Except as otherwise provided in this
section, have net nonexempt resources, which shall be determined in accordance
with the methodology used under title XVI of the Social Security Act, that are
not in excess of the limits provided for under those provisions.

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Countable
income shall be determined under section 1612 of the Social Security Act,
except that the individual's disability income, including all federal and state
disability benefits and private disability insurance, shall be exempted.
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Resources excluded under section 1613 of the Social
Security Act shall be disregarded.

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Resources
in the form of employer or individual retirement arrangements authorized under
the Internal Revenue Code shall be exempted as authorized by section 1902(r) of
the Social Security Act.

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(c)

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Individuals eligible for benefits under
this section shall be subject to the payment of premiums determined under this subsection.

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The department shall:

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(1)
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Establish sliding-scale premiums
that are based on countable income, with a minimum premium of $20 per month and
a maximum premium of $250 per month; and

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(2)
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By rule, annually adjust the
premiums; provided that before adjustment of any premiums determined pursuant
to this paragraph, the department shall submit a report of proposed premium
adjustments to the legislature no later than twenty days before the convening
of each regular session.

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(d)

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To implement the collection of premiums
under this section, the department may:

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(1)
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Develop and execute a contract with
a public or private entity to collect premiums; or

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(2)
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Amend any existing or future
premium-collection contract that it has executed.

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(e)

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The department shall adopt rules
pursuant to chapter 91 necessary for the purposes of this section,
including specifying the process for discontinuance of eligibility under this
section for nonpayment of premiums for more than two months by a beneficiary.

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(f)

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Notwithstanding any other provision of
law, this section shall be implemented only if, and to the extent that, the
department determines that federal financial participation is available
pursuant to title XIX of the Social Security Act.
"

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SECTION 2.
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New statutory material is underscored.

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SECTION 3.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DHS; Workers
with Disabilities; Medicaid; Buy-In Program; Rules

Description:

Requires
the Department of Human Services to establish a Medicaid buy-in program for
workers with disabilities.
�
Requires the
Department to adopt rules.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.