SB 890 — An Act amending the act of June 26, 2001 (P.L.755, No.77), known as the Tobacco Settlement Act, in medical assistance for workers with disabilities, further providing for definitions and for medical assistance benefits for workers with disabilities and workers with medically improved disabilities.

PRIOR PRINTER'S NO.

1246 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of 2019 No.

1814 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of 2019 No.

WARD, ARGALL, PITTMAN, MASTRIANO, STEFANO, COSTA, BOSCOLA, COLLETT, BLAKE, KEARNEY, LEACH, BREWSTER, YUDICHAK, PHILLIPS-HILL, BARTOLOTTA, BAKER, K.

WARD,WARD YAW, IOVINO AND HUTCHINSON,YAW, OCTOBER 8, 2019 SENATORREFERRED BROOKS,TO HEALTH AND HUMAN SERVICES, ASOCTOBER AMENDED,8, JUNE2019 23, 2020 AN ACT Amending the act of June 26, 2001 (P.L.755, No.77), entitled "An act establishing a special fund and account for money received by the Commonwealth from the Master Settlement Agreement with tobacco manufacturers;

providing for home and community-based care, for tobacco use prevention and cessation efforts, for Commonwealth universal research enhancement, for hospital uncompensated care, for health investment insurance, for medical assistance for workers with fordisabilities, the HealthLink Program, for community-basedregional healthbiotechnology careresearch centers, assistance programs, for PACE reinstatement and PACENETPACENETcare expansion, for medical education loan assistance and for percentage allocation and appropriation of moneys," in medical assistance for workers with disabilities, further providing for definitions and for medical assistance benefits for workers with disabilities and workers with medically improved disabilities.

Section 1502 of the act of June 26, 2001 <-- (P.L.755, No.77), known as the Tobacco Settlement Act, is amended by adding a definition to read:

SECTION 1.

THE DEFINITIONS OF "WORKER WITH A DISABILITY" AND <-- "WORKER WITH A MEDICALLY IMPROVED DISABILITY" IN SECTION 1502 OF THE ACT OF JUNE 26, 2001 (P.L.755, NO.77), KNOWN AS THE TOBACCO SETTLEMENT ACT, ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO READ:

* * * "WORKER"Worker WITHwith Ajob DISABILITY."success." ANAn INDIVIDUALindividual WHOwho MEETSmeets ALLall OFof <--the THEfollowing: FOLLOWING:

(1) ISis ATat LEASTleast 16 YEARSyears OFof AGEage [BUTbut LESSless THANthan 65 YEARSyears OFof AGE]age; AND MEETS AGE REQUIREMENTS AS ESTABLISHED UNDER APPLICABLE FEDERAL LAW;

(2) IS EMPLOYED AND RECEIVING COMPENSATION;

(3) IS ELIGIBLE TO RECEIVE SUPPLEMENTAL SECURITY INCOME EXCEPT FOR EARNINGS AND RESOURCES THAT EXCEED THE LIMIT ESTABLISHED IN SECTION 1905 OF THE SOCIAL SECURITY ACT (49 STAT.

620, 42 U.S.C.

§ 1396D(Q)(2)(B));

(4) HAS MONTHLY INCOME BELOW 250% OF THE FEDERAL POVERTY INCOME GUIDELINES;

AND (5) HAS COUNTABLE RESOURCES EQUAL TO OR LESS THAN $10,000.

"WORKER WITH A MEDICALLY IMPROVED DISABILITY." AN INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING:

(1) IS AT LEAST 16 YEARS OF AGE [BUT LESS THAN 65 YEARS OF AGE] AND MEETS AGE REQUIREMENTS AS ESTABLISHED UNDER APPLICABLE FEDERAL LAW;

(2) IS EMPLOYED AT LEAST 40 HOURS PER MONTH AND IS EARNING AT LEAST THE APPLICABLE MINIMUM WAGE UNDER SECTION 6 OF THE FAIR LABOR STANDARDS ACT OF 1938 (52 STAT.

1060, 29 20190SB0890PN1814 - 2 - U.S.C.

§ 206);

(3) WAS PREVIOUSLY A WORKER WITH A DISABILITY AND PARTICIPATED IN MEDICAL ASSISTANCE;

(4) HAS MONTHLY INCOME BELOW 250% OF THE FEDERAL POVERTY INCOME GUIDELINES;

AND (5) HAS COUNTABLE RESOURCES EQUAL TO OR LESS THAN $10,000.

"Worker with job success." An individual who meets all of the following:

(1) is at least 16 years of age but less than 65 years <-- of age;

AND MEETS AGE REQUIREMENTS AS ESTABLISHED UNDER <-- FEDERAL LAW;

(3) was previously a worker with a disability and <-- participated in medical assistance for at least one year;

and (3)(5) HASmay PARTICIPATEDhave INcountable Aassets MEDICALin ASSISTANCEexcess FORof WORKERS$10,000 <--that WITHhave DISABILITIESbeen CATEGORYdeveloped ORsince Athe MEDICALindividual's ASSISTANCEinitial FOReligibility WORKERSunder WITHthis MEDICALLYsubsection. IMPROVED DISABILITIES CATEGORY FOR THE PREVIOUS 12 CONSECUTIVE MONTHS;

(4) HAS MONTHLY INCOME THAT IS MORE THAN 250% OF THE FEDERAL POVERTY INCOME GUIDELINES AND LESS THAN 600% OF THE FEDERAL POVERTY INCOME GUIDELINES;

AND 20190SB0890PN1814 - 3 - (5) may have countable assets in excess of $10,000 that have been developed since the individual's initial eligibility under this subsection.

Appropriations to the department from [the fund] all sources of funds for the program 20190SB0890PN1246 - 2 - shall be used by the department to provide medical assistance to a worker with a disability [or], a worker with a medically improved disability or a worker with job success.

(3) Failure of a worker with a disability or a worker with a medically improved disability to make payments in accordance with paragraph (1) will result in the termination of medical assistance coverage.] 20190SB0890PN1814 - 4 - (1) A worker with a disability or a worker with a medically improved disability seeking to purchase medical assistance benefits shall pay to the department or its designee 5% of the worker's monthly income in a manner to be determined by the department.

Failure of a worker with 20190SB0890PN1246 - 3 - job success to make payments in accordance with this paragraph shall result in the termination of medical assistance coverage.

(b.1) Payment.--A worker with job success WHO PARTICIPATES <-- IN MEDICAL ASSISTANCE FOR WORKERS WITH DISABILITIES with income at or above $75,000 compounded by the cost-of-living increases granted by the Federal Government under the Social Security program annually since the year 2000 seeking to purchase medical assistance benefits shall pay to the department or its designee 100% of the Commonwealth's average cost of the medical assistance for workers with disabilities program.

(b.2) Determination of eligibility.--The income and assets <-- of a spouse or dependent of a worker with medical assistance for 20190SB0890PN1814 - 5 - workers with a disability shall not be included in the determination of eligibility for the purchase of medical assistance benefits.

Assets developed by a medical assistance for workers with disabilities enrollee WHO WAS made eligible <-- under the job success category during the worker's participation <-- in the medical assistance for workers with disabilities program will not be counted in the determination of eligibility for the medical assistance for workers with disabilities program under <-- IF THE ENROLLEE LOSES ELIGIBILITY IN the job success category.

<-- (c) Provision of benefits.--Upon receipt of a worker's payment under subsection (b)(1), the department or its designee shall provide to the worker medical assistance benefits at the categorically needy level as defined by the department.

20190SB0890PN1246 - 4 - (d) Department responsibilities.--The department shall: