HOUSE OF REPRESENTATIVES

H.B. NO.

219

THIRTIETH LEGISLATURE, 2019

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 individuals with disabilities based upon Hawaii's current medicaid income and asset limits and 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 for 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 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 provisions of the federal Patient Protection and Affordable Care Act.

     The legislature further finds that due to the scope and complexity of establishing a medicaid buy-in program, implementing an earned income disregard program as an interim solution will allow certain individuals with disabilities to earn income and not lose their medicaid benefits.

     The purpose of this Act is to encourage individuals with disabilities to gain employment and improve their employment opportunities by requiring the department of human services to implement an earned income disregard program as an intermediate step to implementing a full medicaid buy-in program.

     SECTION 2.  (a)  The department of human services shall allow an earned income disregard of one hundred thirty-eight per cent of the federal poverty level for people with disabilities who are between the ages of sixteen and sixty-four, or a method of similar intent, when determining eligibility for medicaid.

     (b)  The department may adopt or amend its administrative rules in accordance with chapter 91, Hawaii Revised Statutes, as necessary to implement this Act.

     (c)  The department shall evaluate the earned income disregard program at least annually and assess whether, when, and how a full medicaid buy-in program may be implemented.

     (d)  The department shall submit a report to the legislature no later than twenty days prior to the convening of the regular sessions of 2020, 2021, and 2022, providing an update on the earned income disregard program and the viability of implementing a full medicaid buy-in program.  The report shall include the department's findings, recommendations, and any proposed legislation and identify resources needed to implement a full medicaid buy-in program.

     (e)  The department is encouraged to collaborate with the university of Hawaii center on disability studies for technical assistance and program evaluation.

     SECTION 3.  This Act shall take effect on January 1, 2059; provided that the earned income disregard program established in section 2 of this Act shall take effect upon approval by the Centers for Medicare and Medicaid Services.



 

Report Title:

DHS; Persons with Disabilities; Medicaid; Earned Income Disregard Program

 

Description:

Requires the department of human services to implement an earned income disregard program as an intermediate step to implementing a medicaid buy-in program.  Requires reports to the legislature.  Takes effect upon approval by the Centers for Medicare and Medicaid Services.  (HB219 HD1)

 

 

 

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