CHAPTER 76

HB 1447-FN – FINAL VERSION

12Mar2008… 0568h

2008 SESSION

08-2587

05/10

HOUSE BILL 1447-FN

AN ACT relative to Medicaid for employed adults with disabilities.

SPONSORS: Rep. Donovan, Sull 4; Rep. Emerton, Hills 7; Rep. Jillette, Sull 2; Rep. Bleyler, Graf 9; Rep. Skinder, Sull 1; Sen. Fuller Clark, Dist 24; Sen. Hassan, Dist 23

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill establishes certain additional criteria for administration of the Medicaid for employed adults with disabilities (MEAD) program.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Mar2008… 0568h

08-2587

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to Medicaid for employed adults with disabilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

76:1 Definitions; Work Incentive Program. Amend RSA 167:6, IX to read as follows:

IX. For purposes hereof, a person with a disability between 18 and 64 years of age who is eligible to participate in the work incentive program, known as Medicaid for employed adults with disabilities (MEAD), shall be eligible for medical assistance as medically needy or categorically needy. The department of health and human services shall establish a sliding fee scale for participants to contribute to the cost of such medical assistance. Participants in the [work incentive] MEAD program shall be employed at the time of enrollment, and may remain enrolled during temporary unemployment for medical reasons or other good cause.

76:2 Rulemaking; Reference to Medicaid for Employed Adults with Disabilities Added. Amend RSA 167:3-c, XII to read as follows:

XII. The MEAD work incentive program under RSA 167:6, IX and RSA 167:3-i as follows:

(a) Eligibility for the program, including medical need and asset and income limits.

(b) Participant employment requirements.

(c) Premiums to be paid by participants, on a sliding fee scale based on the net income of program participants.

(d) Termination of participation for nonpayment of premium or other good cause.

(e) Requirements that the participant disclose any employer-sponsored health insurance available to the participant.

76:3 New Section; MEAD Work Incentive Program. Amend RSA 167 by inserting after section 3-h the following new section:

167:3-i MEAD Work Incentive Program.

I. Pursuant to section 1902(a)(10)(A)(ii)(XV) of the Social Security Act, 42 U.S.C. section 1396a(a)(10)(A)(ii)(XV), the department of health and human services shall establish and administer a work incentive program, known as Medicaid for employed adults with disabilities (MEAD). The purpose of the program shall be to ensure the availability of long-term supports to workers with disabilities who are medically eligible for Medicaid, enabling them to maximize their employment potential and financial independence and prevent impoverishment and dependence upon cash assistance programs.

II. In addition to the requirements of RSA 167:6, IX, the MEAD program shall:

(a) Exclude from consideration resources accumulated from earnings, including interest earned by the resource, by a MEAD-eligible individual beginning on or after the date of eligibility through the period of MEAD eligibility and kept in a separate account from other resources, when determining future eligibility for other medical assistance programs.

(b) Provide continued eligibility during periods of temporary unemployment provided that the individual is unable to work for medical reasons but is likely to return to work, or the individual becomes unemployed for other good cause and is actively seeking employment.

(c) Define employment for eligibility purposes in a manner that permits a self-employed individual to earn less than the federal minimum wage.

(d) Permit individuals who are eligible for home and community-based care waiver services and who qualify for a special income limit, to receive medical assistance through the MEAD program, if they so choose, even if their total income is between the standard of need and the special income limit.

(e) Provide notice and an opportunity for a fair hearing in the event of any adverse action affecting eligibility for or enrollment in the MEAD program.

(f) Establish oversight and enforcement procedures to prevent fraud and to assure that participants are consistently engaging in gainful employment.

76:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 21, 2008

Effective Date: July 20, 2008