House
File
948
H-1192
Amend
House
File
948
as
follows:
1
1.
Page
3,
line
31,
by
striking
<
MEDICAID
FOR
EMPLOYED
2
PEOPLE
WITH
DISABILITIES
>
and
inserting
<
WORK
WITHOUT
WORRY
>
3
2.
By
striking
page
3,
line
32,
through
page
4,
line
32,
and
4
inserting:
5
<
Sec.
___.
NEW
SECTION
.
249O.1
Definitions.
6
As
used
in
this
chapter,
unless
the
context
otherwise
7
requires:
8
1.
“Countable
income”
means
the
income
of
an
individual
when
9
the
income
is
received
and
can
be
used
to
meet
the
individual’s
10
needs
for
food,
clothing,
and
shelter.
“Countable
income”
does
11
not
include
the
income
of
another
member
of
the
individual’s
12
household,
or
certain
receipts
as
described
in
20
C.F.R.
13
§416.1103.
14
2.
“Department”
means
the
department
of
health
and
human
15
services.
16
3.
“Disability”
means
a
qualifying
disability
as
determined
17
by
the
federal
social
security
administration,
or
the
18
individual
is
determined
by
the
department
to
have
a
physical
19
or
mental
impairment,
or
combination
of
impairments,
that
have
20
lasted
or
are
expected
to
last
for
at
least
twelve
months
or
21
result
in
death.
22
4.
“Long-term
services
and
supports”
means
the
broad
23
range
of
health,
health-related,
and
personal
care
assistance
24
services
and
supports,
provided
in
home
and
community-based
25
settings,
necessary
for
persons
with
disabilities
who
26
experience
limitations
in
their
capacity
for
self-care
due
to
a
27
physical,
cognitive,
or
mental
disability
or
condition.
28
5.
“Program”
means
the
work
without
worry
program
29
established
in
section
249O.3.
30
Sec.
___.
NEW
SECTION
.
249O.2
Program
——
intent.
31
It
is
the
intent
of
the
general
assembly
to
remove
barriers
32
to
employment
for
individuals
who,
but
for
income
and
33
resources,
meet
the
definition
of
disability,
by
providing
34
medical
assistance
to
employed
individuals
with
disabilities
35
-1-
HF
948.1255
(1)
91
lh/ko
1/
5
#1.
#2.
through
a
work
without
worry
program
in
accordance
with
section
1
1902(a)(10)(A)(ii)(XIII)
of
the
federal
Social
Security
Act,
2
and
Medicaid
eligibility,
using
less
restrictive
income
and
3
resource
requirements
through
the
application
of
section
4
1902(r)(2)
of
the
federal
Social
Security
Act,
and
cost-sharing
5
requirements
established
by
the
department
and
approved
by
the
6
centers
for
Medicare
and
Medicaid
services
of
the
United
States
7
department
of
health
and
human
services.
8
Sec.
___.
NEW
SECTION
.
249O.3
Program
——
established.
9
1.
The
work
without
worry
program
is
established
under
the
10
medical
assistance
program
and
shall
be
administered
by
the
11
department
to
provide
employed
individuals
with
disabilities
12
access
to
health
care
coverage
through
the
medical
assistance
13
program.
14
2.
Except
as
otherwise
specified
in
this
chapter,
15
provisions
applicable
to
the
medical
assistance
program
16
pursuant
to
chapter
249A
shall
be
applicable
to
the
program.
17
3.
In
addition
to
the
benefits
received
under
the
program,
18
an
individual
shall
have
access
to
all
traditional
Medicaid
19
services
under
the
medical
assistance
program,
as
well
as
20
additional
long-term
services
and
supports
and
community-based
21
services,
including
waiver
services,
for
which
the
individual
22
meets
any
applicable
level
of
care
requirements.
23
4.
The
department
shall
make
every
effort
to
coordinate
24
benefits
with
the
health
care
coverage
provided
by
an
employer
25
of
an
employed
individual
with
a
disability
receiving
benefits
26
under
this
chapter.
27
Sec.
___.
NEW
SECTION
.
249O.4
Program
——
eligibility.
28
1.
Except
as
otherwise
provided
in
this
chapter,
an
29
individual
may
participate
in
the
program
if
the
individual
30
meets
all
of
the
following
criteria:
31
a.
The
individual
is
eligible
for
the
medical
assistance
32
program
under
chapter
249A.
33
b.
The
individual
is
at
least
eighteen
years
of
age.
34
c.
The
individual
is
less
than
sixty-five
years
of
age.
35
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d.
The
individual
has
a
disability.
1
e.
The
individual
is
employed,
earns
income
from
employment
2
which
may
include
self-employment,
and
works
at
least
one
hour
3
per
month.
4
2.
The
department
shall
not
adopt
a
rule
for
program
5
eligibility
based
upon
any
of
the
following:
6
a.
An
individual’s
income
or
resources.
7
b.
A
resource
test
or
limit.
8
c.
An
individual’s
receipt
of
federal
disability
benefits.
9
3.
An
individual
who
receives
supplemental
security
10
income
shall
be
automatically
eligible
for
the
program
and
may
11
participate
in
the
program.
12
4.
An
individual
may
be
eligible
for
or
receive
other
health
13
care
coverage
including
through
an
employer,
through
Medicare,
14
or
through
the
medically
needy
program,
the
qualified
Medicare
15
beneficiary
program,
or
the
specified
low-income
Medicare
16
beneficiary
program.
If
the
individual
has
such
other
coverage
17
and
is
subject
to
payment
of
copayments
or
premiums
for
that
18
coverage,
notwithstanding
the
premium
requirements
under
the
19
program
to
the
contrary,
the
individual
shall
not
be
subject
to
20
payment
of
premiums
otherwise
applicable
under
the
program.
21
Sec.
___.
NEW
SECTION
.
249O.5
Program
——
premiums.
22
1.
An
individual’s
monthly
program
premium
amount
shall
23
equal,
rounded
down
to
the
nearest
whole
dollar,
any
of
the
24
following:
25
a.
If
the
individual’s
verified
countable
income
is
less
26
than
one
hundred
fifty
percent
of
the
federal
poverty
level
27
applicable
to
the
individual’s
household’s
size,
zero
percent
28
of
the
individual’s
verified
countable
income.
29
b.
If
the
individual’s
verified
countable
income
is
between
30
one
hundred
fifty
percent
and
two
hundred
fifty
percent
of
31
the
federal
poverty
level
applicable
to
the
individual’s
32
household’s
size,
three
percent
of
the
individual’s
verified
33
countable
income.
34
c.
If
the
individual’s
verified
countable
income
is
more
35
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HF
948.1255
(1)
91
lh/ko
3/
5
than
two
hundred
fifty
percent
of
the
federal
poverty
level
1
applicable
to
the
individual’s
household’s
size,
six
percent
of
2
the
individual’s
verified
countable
income.
3
2.
a.
An
individual
shall
report
any
change
in
the
4
individual’s
countable
income
to
the
department.
5
b.
The
department
shall
utilize
the
individual’s
verified
6
countable
income
until
the
individual
reports
a
change
in
7
countable
income
and
the
change
is
processed
by
the
department,
8
unless
there
is
good
cause
for
the
department’s
delay
in
9
verifying
the
change
in
the
individual’s
countable
income.
10
c.
A
change
in
an
individual’s
program
premium
amount
shall
11
be
effective
the
month
after
the
change
in
the
individual’s
12
countable
income
is
reported
to
and
verified
by
the
department.
13
3.
An
individual
shall
be
covered
under
the
program
for
14
six
consecutive
months
beginning
the
first
day
of
the
month
in
15
which
the
department
approves
the
individual’s
application
for
16
the
program.
17
4.
The
department
shall
create
a
six-month
grace
period
that
18
provides
continuous
program
coverage
to
an
individual
following
19
the
individual’s
temporary
loss
of
employment,
or
a
health
20
crisis
that
temporarily
prevents
the
individual
from
continuing
21
employment.
The
individual
shall
be
required
to
continue
to
22
pay
the
program
premium
based
on
the
individual’s
verified
23
countable
income
during
the
six-month
grace
period.
24
5.
The
department
may
terminate
an
individual’s
program
25
coverage
if
the
individual
fails
to
pay
four
consecutive
months
26
of
program
premiums.
27
6.
An
individual
must
pay
a
program
premium
in
full
for
any
28
month
that
program
coverage
is
provided,
including
a
month
when
29
a
redetermination
of
coverage
is
made,
a
month
when
continued
30
coverage
is
requested,
and
during
the
period
of
an
eligibility
31
determination
appeal.
32
Sec.
___.
NEW
SECTION
.
249O.6
Rules.
33
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
34
administer
this
chapter.
35
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lh/ko
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5
Sec.
___.
WORK
WITHOUT
WORRY
PROGRAM
——
DEPARTMENT
OF
HEALTH
1
AND
HUMAN
SERVICES.
2
1.
The
department
of
health
and
human
services
shall
submit
3
any
waiver
request
or
state
plan
amendment,
or
combination
4
thereof,
to
the
centers
for
Medicare
and
Medicaid
services
of
5
the
United
States
department
of
health
and
human
services
as
6
necessary
to
create
a
work
without
worry
program
in
accordance
7
with
this
Act.
8
2.
Any
individual
participating
in
the
Medicaid
for
9
employed
persons
with
disabilities
program
when
the
work
10
without
worry
program
is
implemented
shall
be
transferred
to
11
and
enrolled
in
the
work
without
worry
program.
12
Sec.
___.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
13
deemed
of
immediate
importance,
takes
effect
upon
enactment.
>
14
3.
Title
page,
by
striking
lines
4
and
5
and
inserting
15
<
modernization
fund,
and
the
work
without
worry
program,
and
16
including
effective
date
provisions.
>
17
4.
By
renumbering
as
necessary.
18
______________________________
TUREK
of
Pottawattamie
-5-
HF
948.1255
(1)
91
lh/ko
5/
5
#3.
#4.