Medicaid and SNAP-eligibility requirements.

2018
STATE OF WYOMING
18LSO-0417
Numbered
1.4

HOUSE BILL

NO.
HB0148

Medicaid and SNAP-eligibility requirements.

Sponsored by:
Representative(s) Laursen, Burkhart, Clem, Hallinan and Lindholm and Senator(s) Driskill, Hicks and Peterson

A BILL

for

AN ACT relating to welfare; requiring Medicaid recipients to comply with specified work or volunteer requirements as a condition of continuing eligibility; providing exceptions; requiring the department of health to apply for a federal waiver relating to these requirements; prohibiting specified actions relating to the supplemental nutrition assistance program; specifying federal waiver requirements relating to child care and Medicaid; requiring rulemaking; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S. 42
‑
2
‑
406 is created to read:

42
‑
2
‑
406
.

Medical assistance
‑

continuing eligibility
requirements.

(a)

The department
shall
apply to the secretary of the United States department of h
ealth and human services for a
waiver under 42 U.S.C. 1315 to implement the continuing eligibility requirements for medical assistance set forth in this
section. Upon final approval of
the terms and conditions of the
waiver, the department shall implement this section.

(b)

Except as oth
erwise provided in subsection (c
) of this section, b
eginning
three (3
) months after
the department determines
a
person
is eligible for medical assistance,

the
medical assistance
recipient shall:

(
i
)

Work
or attend school for
twenty (20) or more hours per week;

(ii)

Participate in
an employment and training program
created
under
W.S. 42
‑
2
‑
203
or a work program, as
defined in 7 U.S.C. 2015(o)(1)
,

for twenty (20)
or more
hours per week;

(iii)

Volunteer
with an established
community service organization
for twenty (20) or more hours per week; or

(iv)

Comply with any combination of the requirements of paragraphs (i) through (iii) of this subsection
for a total of twenty (20) or more hours per week
.

(c)

Subsection (b
) of this section shall not apply to a medical assistance
recipient
who is:

(
i
)

Eighteen (18
) years of age or younger;

(ii)

Sixty
‑
five (65
) years of age or older;

(iii)

Certified by a health care provider
as
medically unable
to meet the requirements of subsection (b) of this section
;

(iv)

Pregnant;

(v)

A parent, legal guardian or
other primary
care
giver
of a dependent who:

(A)

Is und
er
six (6
) year
s
of age; or

(B)

Has a serious medical condition or disability
as determined by rule of the department
.

(vi)

A
regular participant
in a drug addiction or alcoholic treatment
and rehabilitation
program
;

(vii)

Receiving unemployment
compensation pursuant to W.S. 27
‑
3
‑
101 through 27
‑
3
‑
706;

(viii)

E
xempt from work requirements under the temporary assistance to needy families or supplemental nutrition assistanc
e programs; or

(ix)

Exempt based on good cause, as determined by rule of the department.

(d
)

The hour
require
ments specified in subsection (b
) of this section shall
be averaged on a monthly basis and shall
run concurrent
ly with any hour
r
equirements under the temporary
assistance to needy families and supplemental nutrition assistance programs.

(e
)

The department shall verify compliance with the requirements of subsection (b) of this section
every six (6) months, with the first verification conducted nine (9) months after the medical assistance recipient is initially determined to be eligible for medical assistance.
The department shall obtain proof of compliance with the provisions of subsection (b) of this section in
a
manner required by rule.

(f)

A
fter the department has determined
under subsection (e) of this section
that a

medical assistance
recipient
has failed

to comply with t
he requirements of subsection (b
) of this section, the recipient's eligibility
for medical assistance shall be
extinguish
ed

for
twelve
(1
2) months
following the date of the
determination
.

(g
)

Notwithstanding any other provision of law, the department of workforce services shall provide all necessary data requested by the department regarding a medical assistance recipient's employment status or participation in an employment and training program or work program.

(h)

The department's rules governing administrative hearings relating to medical assistance shall apply to any action of the department
under
this section.

(j)

The department shall promulgate r
ules to
implement
this section
.

(k
)

As used in this section, "school" includes any institution
or program
that
provides education
under
title
21
of the
Wyoming s
tatutes, or any institution or program
that
is substantially similar to such an institution or program.

Section 2
.

W.S. 42
‑
2
‑
401(a)
by creating a new paragraph (vii)
is amended to read:

42
‑
2
‑
401
.

Definitions.

(a)

For purposes of this article:

(vii)

"Medical assistance" means as defined in W.S. 42
‑
4
‑
102(a)(ii).

Section 3
.

If
authorized by federal law
, any federal savings made available from the implementation of
a
waiver approved under
W.S. 42
‑
2
‑
406(a)
s
hall be used
to support child care programs for medical assistance
recipients
who are
employed, attending school or
participating in
an employment and training program
or work program
.

Section 4
.

Notwithstanding any other provision of law, the department of family services, or any successor
agency, shall not apply for a
waiver or
carry out any
state plan amendments
regarding
work requirements
and
the
supplemental nu
trition assistance program
which r
elate to

7 U.S.C. 2015(o).

Section 5
.

This act is
effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0148