PRIOR PRINTER'S NO. 581 PRINTER'S NO. 687
No. 504 Session of 2001
INTRODUCED BY RHOADES, TARTAGLIONE, LEMMOND, FUMO, MOWERY,
GREENLEAF, BRIGHTBILL, O'PAKE, SCARNATI, JUBELIRER, THOMPSON,
WAUGH, LAVALLE, DENT, D. WHITE, COSTA, CORMAN, ARMSTRONG,
STOUT, ROBBINS, WAGNER, MURPHY, WENGER, GERLACH, HELFRICK,
TOMLINSON, CONTI, PICCOLA, KUKOVICH, MADIGAN, HOLL, SCHWARTZ,
BOSCOLA, LOGAN, KITCHEN AND TILGHMAN, FEBRUARY 27, 2001
SENATOR MOWERY, PUBLIC HEALTH AND WELFARE, AS AMENDED,
MARCH 14, 2001
AN ACT
1 Providing for medical assistance benefits for workers with
2 disabilities; and imposing powers and duties on the
3 Department of Public Welfare.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Workers with
8 Disabilities Medical Assistance Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Public Welfare of the
14 Commonwealth.
15 "Fund." The Tobacco Settlement Fund established by the act
16 of (P.L. , No. ), known as the Health
1 Investment Act.
2 "Medicare." The Federal program established under Title
3 XVIII of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1395
4 et seq.).
5 "Medical assistance." The State program of medical
6 assistance established under the act of June 13, 1967 (P.L.31,
7 No.21), known as the Public Welfare Code.
8 "Monthly income." The monthly income of an individual as
9 determined by the Department of Public Welfare when applying the
10 income deductions applicable in determining eligibility for
11 Medicare cost-sharing in accordance with section 1902(a)(10)(E)
12 of the Social Security Act (49 Stat. 620, 42 U.S.C. §
13 1396a(a)(10)(E)).
14 "Worker with a disability." An individual who:
15 (1) Is between 16 and 64 years of age.
16 (2) Is employed at least 40 hours per month and is
17 earning at least the applicable minimum wage under section 6
18 of the Fair Labor Standards Act of 1938 (52 Stat. 1060, 29
19 U.S.C. § 206).
20 (3) Is eligible to receive supplemental security income
21 except that earnings exceed the limit established in section
22 1905 of the Social Security Act (49 Stat. 620, 42 U.S.C. §
23 1396d(q)(2)(B)).
24 (4) Has monthly income below 250% of the Federal poverty
25 income guidelines.
26 (5) Has countable resources equal to or less than two
27 times the supplemental security income resource level
28 established pursuant to section 1611 of the Social Security
29 Act (49 Stat. 620, 42 U.S.C. § 1382).
30 Section 3. Medical assistance benefits for workers with
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1 disabilities.
2 (a) Program establishment.--There is established in the
3 department a medical assistance purchase program for workers
4 with disabilities. Appropriations to the department from the
5 fund for the program shall be used by the department to provide
6 medical assistance to a worker with a disability.
7 (b) Worker with a disability responsibilities.--A worker
8 with a disability seeking to purchase medical assistance
9 benefits shall:
10 (1) Pay to the department or its designee 5% of the
11 worker's monthly income in a manner to be determined by the
12 department.
13 (2) Notify the department or its designee of any change
14 in the worker's monthly income in a manner to be determined
15 by the department.
16 (c) Provision of benefits.--Upon receipt of a worker's
17 payment under subsection (b)(1), the department or its designee
18 shall provide to the worker medical assistance benefits at the
19 level provided to supplemental security income adult recipients.
20 (d) Department responsibilities.--The department shall:
21 (1) Administer the medical assistance purchase program.
22 (2) Report on an annual basis to the General Assembly
23 the number of individuals purchasing medical benefits and the
24 average amount paid for benefits.
25 (e) Limitations.--Provision of medical assistance benefits <--
26 pursuant to this section shall not exceed the annual amount of
27 State funds appropriated to the medical assistance purchase
28 program for workers with disabilities.
29 Section 4. Effective date.
30 This act shall take effect July 1, 2001, or immediately,
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1 whichever is later.
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