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Senate
File
2315
-
Introduced
SENATE
FILE
2315
BY
GUTH
A
BILL
FOR
An
Act
relating
to
eligibility
for
the
Medicaid
for
employed
1
persons
with
disabilities
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
249A.3,
subsection
2,
paragraph
a,
1
subparagraph
(1),
Code
2026,
is
amended
to
read
as
follows:
2
(1)
(a)
As
allowed
under
42
U.S.C.
3
§1396a(a)(10)(A)(ii)(XIII),
individuals
with
disabilities,
4
who
are
less
than
sixty-five
years
of
age,
who
are
members
of
5
families
whose
income
is
less
than
two
hundred
fifty
three
6
hundred
percent
of
the
most
recently
revised
official
poverty
7
guidelines
published
by
the
United
States
department
of
health
8
and
human
services
for
the
family,
who
have
earned
income
9
and
who
are
eligible
for
mandatory
medical
assistance
or
10
optional
medical
assistance
under
this
section
if
earnings
are
11
disregarded.
As
allowed
by
42
U.S.C.
§1396a(r)(2),
unearned
12
income
shall
also
be
disregarded
in
determining
whether
an
13
individual
is
eligible
for
assistance
under
this
subparagraph.
14
For
the
purposes
of
determining
the
amount
of
an
individual’s
15
resources
under
this
subparagraph
and
as
allowed
by
42
U.S.C.
16
§1396a(r)(2),
a
maximum
of
ten
thousand
dollars
of
available
17
resources
for
an
individual
and
twenty-one
thousand
dollars
18
of
available
resources
for
a
couple
shall
be
disregarded,
and
19
any
additional
resources
held
in
a
retirement
account,
in
a
20
pension
account,
in
a
medical
savings
account,
or
in
any
other
21
account
approved
under
rules
adopted
by
the
department
shall
22
also
be
disregarded.
23
(b)
Individuals
eligible
for
assistance
under
this
24
subparagraph,
whose
individual
income
exceeds
one
hundred
25
fifty
percent
of
the
official
poverty
guidelines
published
26
by
the
United
States
department
of
health
and
human
services
27
for
an
individual,
shall
pay
a
premium.
The
amount
of
the
28
premium
shall
be
based
on
a
sliding
fee
schedule
adopted
by
29
rule
of
the
department
and
shall
be
based
on
a
percentage
of
30
the
individual’s
income.
The
maximum
premium
payable
by
an
31
individual
whose
income
exceeds
one
hundred
fifty
percent
of
32
the
official
poverty
guidelines
shall
be
commensurate
with
33
the
cost
of
state
employees’
group
health
insurance
in
this
34
state.
The
payment
to
and
acceptance
by
an
automated
case
35
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management
system
or
the
department
of
the
premium
required
1
under
this
subparagraph
shall
not
automatically
confer
initial
2
or
continuing
program
eligibility
on
an
individual.
The
3
department
shall
maintain
a
page
on
the
department’s
internet
4
site
where
individuals
can
electronically
pay
any
premium
owed
5
by
an
individual
to
the
department.
A
premium
paid
to
and
6
accepted
by
the
department’s
premium
payment
process
that
is
7
subsequently
determined
to
be
untimely
or
to
have
been
paid
on
8
behalf
of
an
individual
ineligible
for
the
program
shall
be
9
refunded
to
the
remitter
in
accordance
with
rules
adopted
by
10
the
department.
Any
unpaid
premium
shall
be
a
debt
owed
to
the
11
department.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
eligibility
for
the
Medicaid
for
16
employed
persons
with
disabilities
program
(MEPD).
17
Code
section
249A.3
sets
forth
program
eligibility
criteria
18
for
MEPD
pursuant
to
42
U.S.C.
§1396a.
The
bill
amends
current
19
eligibility
provisions
requiring
the
department
to
cap
premiums
20
for
individuals
whose
income
falls
below
250
percent
of
the
21
federal
poverty
level
(FPL),
and
that
any
acceptance
by
the
22
department
of
the
payment
of
a
premium
does
not
automatically
23
confer
initial
or
continuing
MEPD
eligibility
on
an
individual.
24
Code
section
249A.3
also
requires
HHS
to
not
consider
certain
25
assets
when
determining
asset
eligibility
under
MEPD.
26
The
bill
requires
that
HHS
extend
MEPD
eligibility
to
those
27
with
household
incomes
up
to
300
percent
of
the
FPL.
Moneys
in
28
a
pension
fund
are
not
to
be
considered
by
HHS
for
purposes
of
29
determining
asset
eligibility
under
MEPD.
The
bill
provides
30
that
HHS
must
allow
for
the
electronic
payment
of
MEPD
premiums
31
through
a
page
maintained
on
the
department’s
internet
site.
32
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