HOUSE OF REPRESENTATIVES

H.B. NO.

1236

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PERSONS WITH DISABILITIES.

 

 

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

 


SECTION 1. The legislature finds that Act 200, Session Laws of Hawaii 2012, established a joint legislative task force to explore the possibility of implementing a medicaid buy-in program for working individuals with disabilities based upon Hawaii's current medicaid income and asset limits, subject to approval of the federal Centers for Medicare and Medicaid Services. The legislature notes that a significant portion of the population in Hawaii receives federal or state benefits because of disabling conditions. Moreover, current state programs and policies, including state-designed medicaid waiver programs, create disincentives for persons with disabilities to become employed, maintain employment, or increase their employment income.

The legislature also finds that from 2005 through 2012, Hawaii was the recipient of a grant from the federal Centers for Medicare and Medicaid Services for the development of a medicaid infrastructure program to design and implement a medicaid buy-in program for individuals with disabilities who are employed or desire to become employed and purchase medicaid coverage authorized under the Ticket to Work and Work Incentives Improvement Act of 1999 (P.L. 106-170). Prior to 1999, other potential federal options for the creation of a medicaid buy-in program included the 1997 Balanced Budget Act and a waiver pursuant to title 42 United States Code section 1115, the Social Security Act.

The legislature further finds that it is advantageous for economic development in the State and in the best interests of Hawaii's citizens with disabilities to establish programs and policies that encourage employment. It is the intent of the legislature that all state agencies work with citizens to identify and remove barriers to employment for persons with disabilities. Adults with disabilities need adequate health insurance, but options for insurance coverage are limited, even with the federal Patient Protection and Affordable Care Act.

The purpose of this Act is to encourage individuals to gain employment and improve their employment opportunities by establishing a medicaid buy-in program and medicaid buy-in pilot program for workers with disabilities.

SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"346-   Medicaid buy-in program for workers with disabilities. (a) There is established within the department the medicaid buy-in program for workers with disabilities. The purpose of the medicaid buy-in program for workers with disabilities is to support employment of individuals with disabilities by expanding their access to medicaid.

(b) To qualify for the medicaid buy-in program for workers with disabilities, a person shall:

(1) Be a resident of the State;

(2) Be at least eighteen years of age;

(3) Meet medicaid citizenship requirements;

(4) Have a disability, as defined by the Social Security Administration;

(5) Be gainfully employed in either part-time or full-time work; provided that all earnings shall be reported to the department of labor and industrial relations;

(6) Have income that does not exceed three hundred per cent of the federal poverty level; and

(7) Have assets that do not exceed an amount established by the department; provided that the limitation on assets established by the department shall not be less than $25,000.

(c) The medicaid buy-in program for workers with disabilities may have an enrollment limit as determined by the department; provided that the limit shall not be less than two hundred individuals.

(d) The department may require a person participating in the medicaid buy-in program for workers with disabilities to pay a premium or other cost-sharing charges in a manner as determined by the department.

(e) The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this section."

SECTION 3. The department of human services shall implement the medicaid buy-in program for workers with disabilities no later than July 1, 2018.

SECTION 4. The department of health shall establish a medicaid buy-in pilot program for workers with disabilities to support the employment of individuals with disabilities by expanding their access to medicaid. The pilot program shall serve one hundred workers with disabilities who obtain employment and, as a result of their employment, are no longer eligible for medicaid.

The department of health shall adopt rules as necessary to implement and administer the pilot program.

The department of health shall implement the medicaid buy-in pilot program for workers with disabilities no later than July 1, 2016. The pilot program shall terminate on June 30, 2018.

SECTION 5. The department of human services shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2017, detailing its progress in implementing the medicaid buy-in program for workers with disabilities. The report shall include the department's findings, recommendations, and any proposed legislation, and shall specify resources needed to implement the medicaid buy-in program for workers with disabilities. The department of human services, with the assistance of the department of health, shall include in the report an update on the department of health's medicaid buy-in pilot program.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the medicaid buy-in pilot program for workers with disabilities who are no longer eligible for medicaid benefits because they obtained employment.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the University of Hawaii center on disability studies to prepare and conduct outreach and training relating to the medicaid buy-in program for workers with disabilities.

The sums appropriated shall be expended by the University of Hawaii center on disability studies for the purposes of this Act.

SECTION 8. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2050.


 


 

Report Title:

Medicaid Buy-in Program for Workers with Disabilities; Pilot Program; Appropriation

 

Description:

Establishes the department of human services medicaid buy-in program for workers with disabilities and appropriates funds for outreach and training relating to the program. Establishes and appropriates funds for a department of health medicaid buy-in pilot program to be effective from July 1, 2016, until June 30, 2018. (HB1236 HD1)

 

 

 

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