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The Medicaid Buy-In Program
for Workers with Disabilities:
New State Laws in 2003

(As of June 13, 2003)

Bills related to the Medicaid Buy-In program have been signed into law in Louisiana, Maryland, North Dakota, Virginia and West Virginia. The Louisiana law establishes a Buy-In program with a January 2004 start date subject to funding and performance standards being included in the Appropriations Act. To the extent funding is available in the state budget, the Maryland law requires implementation of a Medicaid Buy-In program by July 2005. The North Dakota law creates a Medicaid Buy-In program; an implementation date is not specified. The West Virginia law creates a Medicaid Buy-In program with an implementation date of July 1, 2003. The Virginia law requires submission of a Section 1115 waiver for a Buy-In program. The chart below includes links to the legislation and other relevant documents in the five states with new laws.

 

State

What the Law Does

Major Provisions

Web Link to Law

 

 

 

 

Louisiana

S305

Signed by Governor on 6/05/03

--Subject to funding and performance standards included in appropriations bill, directs the Department of Health and Hospitals to implement a Medicaid Buy-In Program no later than January 2004.

--Requires the Department to promulgate rules on application processes, eligibility criteria, sliding scale premiums, publicity, and any other necessary procedures.

--Requires review of rules by legislative committees as specified in the Administrative Procedures Act.

--Requires semi-annual reports to legislative committees on program costs, number of enrollees, value of taxes paid by enrollees, coverage expansion recommendations, and any other pertinent information.

Click here for web link to law.

Maryland

S 386

Signed by Governor on 5/13/03

--To the extent funding is available, directs the Department of Health and Mental Hygiene to implement the Employed Persons with Disabilities Program by July 1, 2005.

--Directs the Department to adopt regulations on eligibility criteria.

--Requires consultation with consumer coalition on eligibility criteria and requires preference for their recommendations.

--Requires preliminary report to legislative committees by January 1, 2004, and final report defining eligibility criteria and implementation status by January 1,2005.

 

Click here for web link to law.

 

 

Click here for the fiscal note 

 

 

 

North Dakota

S 2194

Signed by Governor on 4/14/03

--Establishes a Medicaid Buy-in Program.

--Directs the Department to provide personal care services for Medicaid recipients in their own homes.

--Sets maximum income level at 225% of the federal poverty level.

--Provides for a disregard of $10,000 of assets acquired from work.

--Requires sliding scale payments of no less than 2-1/2 % and no more than 7-1/2%.

--Includes an enrollment fee of $100.

--Provides for termination of enrollment for failure to pay premiums for three consecutive months.

Click here for web link to law.

 

 

Click here for the fiscal note.

Virginia

H 1822

Signed by Governor on 3/16/03

--Requires the Dept. of Medical Assistance Services to seek a Section 1115 waiver to establish a Medicaid Buy-In Program.

--Calls for wavier to be developed by October 1, 2003.

--Sets waiver enrollment limit at 200 persons for the first year.

--Sets income limit at 175% FPL.

--Calls for earned and unearned income requirements.

--Provisions shall not become effective until the state gets a waiver and an appropriation is passed for the program.

 

 

Click here for web link to law.

 

 

Click here for the legislative history.

 

 

West Virginia

S 338

Signed by Governor on 4/01/03

--Creates a Medicaid Buy-In Program.

--Authorizes medically improved component of program.

--Sets effective date of 7/01/03.

--Sets income eligibility at 250% of poverty level. Retains SSI resource limits.

--Requires payment for employment at minimum wage rate or higher.

--Allows continued enrollment in Buy-In for up to six months when employment lost involuntarily so long as the individual pays premiums and maintains a connection to the workforce through specified activities.

--Establishes $50 enrollment fee.

--Calls for sliding scale premiums based on gross income with a minimum monthly fee of $15 and a maximum of 3-1/2% of income.

--Requires administrative procedures on premium collection and effect of non-payment of premium.

--Requires biannual redetermination.

--Requires analysis of enrollment, revenues from premiums, and state costs incurred and allows study of comparative costs of services, reduction of dependence on public services, and employer-sponsored insurance enrollment. Requires annual report to legislature.

Establishes an advisory council.

Click here for web link to law.

Prepared by Donna Folkemer and Diana Hinton
National Conference of State Legislatures
June 13, 2003

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