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Employer disclosure/reporting for Medicaid beneficiaries
2006 Bills (2005 carry-over bills included)

Increasing concerns surrounding the Medicaid budget have caused policymakers to take on the role of "sleuth."  State lawmakers are interested in determining if Medicaid beneficiaries have the option of employer-sponsored health insurance.  If Medicaid beneficiaries do not have this option, policymakers want to know which employers are withholding and why.  These bills require Medicaid departments to collect and report data about the beneficiaries of public assistance programs.  

At least five states have laws of this kind: Hawaii, Illinois, Maine, Massachusetts and New Jersey.  
HI SB 1772 - Requires applicants for medical assistance to disclose their employers; Department of Human Services must report to the legislature those employers with 25 or more employees on medical assistance.  Passed.  Vetoed by governor 7/11/05.  Veto override 7/12/05.  Enrolled: Special Session Act 10
IL Public Act No. 94-242 -  Public Health Program Beneficiary Employer Disclosure Act; requires that people applying for public health programs or uncompensated care in a hospital must report their employer.  If they are unemployed, they must disclose the employer of the person upon whom they are chiefly dependent.  A report must then be prepared for the legislature of those employers (with more than 100 employees) who have 25 people or more on public assistance. Passed 2005 (formerly SB 157)
ME Sec. 1. 22 MRSA §3194 -  Requires applicants for Medicaid benefits to name their employer or the employer upon whom the applicant is chiefly dependent.  The Department of Health and Human Services must report those employers with 50 or more employees as Medicaid beneficiaries yearly. The report must include the cost to the state for providing Medicaid benefits (per employer) and be made available to the public. Signed into law May 30, 2006.
MA Acts of 2004; Section 304, chapter 149 - Requires the executive office of health and human services to prepare the public health access program beneficiary employer report yearly for the legislature.  The report must contain information about employers with 50 or more employees receiving uncompensated care or pubic assistance. 
NJ P.L. 2006, Ch. 87 (SB 539) - The Commissioner of Human Services must report annually to the legislature those employers which have 50 or more employees enrolled in the NJ FamilyCare program.  A portion of the report must include the cost to the state for providing for those beneficiaries and their dependents.

Current as of August 2006

Link: 2005 bills

State	Bill
Arizona	HB 2368 - Requires anyone applying or reapplying for public services or benefits to disclose their and their spouse's employer.  Requirement includes children, whose parent or caregiver must disclose their employer.
California	AB 1840 - Requires that applicants for all state-funded programs including Medi-Cal, the Healthy Families Program, and the Access for Infants and Mothers Program report their employers.  The state Department of Health Services and the Managed Risk Medical Insurance Board must then submit a report to the state legislature identifying each employer that has over 25 employees or their dependents on state-funded medical insurance. The report must be made available to the public.
Connecticut	SB 145 - Requires the comissioner of social services to submit a report to the legislature detailing any buiness that employs more than 50 people who are receiving state-funded medical assistance.
Georgia	HB 548 - Requires any applicant for Medicaid, the PeachCare for Kids program or any form of public medical assistance, or applicants for uncompensated care in hospitals to disclose their employer.  If a person is a child or unemployed, they must disclose the employer of the person upon whom they are a dependent.  The Department of Community Health must file a report yearly with the legislature disclosing employers with 25 or more employee beneficiaries of public programs.  Provision makes the report public information (Identical bill: SB 536).
Hawaii	HB 336 - Requires the department of human services to report annually the employers of enrollees to medical assistance programs.  Information becomes public information.  Carried over from 2005. HB 334 - Requires the department of human services to report employers that have fifty or more employees who are public medical assistance beneficiaries.  Once the report is made it becomes public information.
Indiana	HB 1324 - All applicants for state-funded health programs must disclose their employer.  The state secretary of family and social services must report to the legislature those employers with 50 or more employees receiving public assistance.  Requires all employers with over 1,000 employees to report their health care spending, in detail, to the legislature.  All reports to be made public.
Kentucky	HB 230 -  Requires the Cabinet for Health and Family Services to report annually to the legislature which companies have 25 or more employees on publicly funded medical or financial assistance programs.  Report is public information.
Louisiana	HB 621 - Public Health Program Beneficiary Employer Disclosure Act; law states that applicants for public medical assistance programs or uncompensated care may identify their employer.  If the patient is not employed, they may disclose the employer of the person upon whom they are dependent.  Hospitals must report this information to the legislature.  The DHH must prepare an annual report to the legislature of those employers with more than 100 employees, 25 of whom are on public medical assistance.
Minnesota	SB 2671 - Requires people applying for public medical assistance to disclose their employers.  An annual report must be prepared for the legislature disclosing employers with 25 or more employees on public assistance; the names of the beneficiaries are not to be released.
Missouri	HB 1406 - Public Assistance Beneficiary Employer Disclosure Act; Requires that all applicants for state-funded medical assistance programs disclose their employer or the employer of the person upon whom they are a dependent. The Department of Social Services must annually report the employers with over 50 employees, 25 of whom are on public assistance to the legislature. Report is public information.    HB 1868 - Health Care Responsibility Act; requires applicants for Medicaid services to disclose their employer or the employer of the dependent's caregiver, if the beneficiary is not employed.  The department of social services must submit an annual report to the governor and legislature of those companies with more than 50 employees, 25 of whom received public health assistance in the last year. Report is available to the public.
New  Jersey	SB 539 - The Commissioner of Human Services must report annually to the legislature those employers which have 50 or more employees enrolled in the NJ FamilyCare program.  A portion of the report must include the cost to the state for providing for those beneficiaries and their dependents. Passed; P.L. 2006, ch. 87.
New York	SB 6645 -  Requires an annual report to the legislature of employers with 200 or more employees who are public assistance beneficiaries.  Information is to be made available to the public.
Ohio	HB 111 -  Requires people applying for CHIP, Medicaid, and disability medical assistance to disclose their employer or the employer of the person upon whom they are chiefly dependent.  Annual report must be submitted to the legislature on all employers with employees on medical assistance.  Carried over from 2005. SB 103 - Requires people applying for CHIP, Medicaid, and disability medical assistance to disclose their employer or the employer of the person upon whom they are chiefly dependent.  By Feb. 1 each year, the director of job and family services must report all employers with 25 or more employees on public assistance or who received uncompensated hospital care to the legislature.  Report is considered public information.  Carried over from 2005.
Pennsylvania	HB 1105 -  Requires the secretary of health to report annually to the legislature employers with 50 or more employees on public health assistance programs.  Carried over from 2005.
Rhode Island	HB 6796 - Requires the department of human services to annually submit a report to the legislature of employers with 25 or more employees receiving public assistance.  Includes a provision making the report public information (Identical bill SB 2053).  HB 7025 - Requires the department of human services to report companies to the legislature that have 50 or more employees as beneficiaries of medicaid or other public Medicaid assistance programs (Identical bill: SB 2330).
Tennessee	HB 38 - Requires people applying for public medical assistance to disclose the name of their employer.  An annual report of employers with 25 or more employees on public assistance must be made the the legislature.  Report is public information.  Carried over from 2005 (Identical bill SB 72).

For more information on this topic, please visit  Good Jobs First