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THE SENATE |
S.B. NO. |
3251 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to persons with DISABILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§346- Medicaid buy-in program for workers with disabilities. (a) The department shall adopt the option made available under section 1902(a)(10)(A)(ii)(XIII) of the federal Social Security Act.
(b) To be eligible for benefits under this
section, an individual shall:
(1) 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;
(2) Be disabled under title II or XVI or
section 1902(v) of the federal 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 federal Social Security Act;
and
(3) 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 federal Social Security Act,
that are not in excess of the limits provided for under those provisions.
Countable
income shall be determined under section 1612 of the federal Social Security
Act, except that the individual's disability income, including all federal and
state disability benefits and private disability insurance, shall be exempted. Resources excluded under section 1613 of the
federal Social Security Act shall be disregarded.
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 federal Social Security Act.
(c)
Individuals eligible for benefits under
this section shall be subject to the payment of premiums determined under this subsection.
The department shall:
(1) 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
(2) By rule, annually adjust the
premiums.
Before
adjustment of any premiums determined pursuant to this subsection, the
department shall submit a report of proposed premium adjustments to the legislature
no later than twenty days prior to the convening of each regular session.
(d)
In order to implement the collection of
premiums under this section, the department may:
(1) Develop and execute a contract with
a public or private entity to collect premiums; or
(2) Amend any existing or future
premium-collection contract that it has executed.
(e)
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.
(f) 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 federal Social Security Act."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DHS; Workers with Disabilities; Medicaid; Buy-in Program
Description:
Requires the Department of Human Services to establish a Medicaid buy-in program for workers with disabilities.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.