PRINTER'S NO. 3110
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2202
Session of
2020
INTRODUCED BY KLUNK, FRANKEL, KAUFFMAN, RYAN, CALTAGIRONE,
KINSEY, READSHAW, YOUNGBLOOD, HENNESSEY, PICKETT, MOUL,
KORTZ, RAVENSTAHL, BERNSTINE, SCHLEGEL CULVER, BROOKS,
GALLOWAY, SCHLOSSBERG, D. MILLER, DALEY, McNEILL AND BOYLE,
JANUARY 10, 2020
REFERRED TO COMMITTEE ON HEALTH, JANUARY 10, 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
disabilities, for regional biotechnology research centers,
for the HealthLink Program, for community-based health care
assistance programs, for PACE reinstatement and PACENET
expansion, for medical education loan assistance and for
percentage allocation and appropriation of moneys," in
medical assistance for workers with disabilities, repealing
provisions relating to scope, further providing for
definitions and for medical assistance benefits for workers
with disabilities and workers with medically improved
disabilities and providing for medical assistance benefits
for workers with job success, for restrictions in determining
eligibility, for funding for medical assistance and for
regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 15 heading of the act of June 26, 2001
(P.L.755, No.77), known as the Tobacco Settlement Act, is
amended to read:
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CHAPTER 15
MEDICAL ASSISTANCE FOR WORKERS [WITH DISABILITIES]
Section 2. Section 1501 of the act is repealed:
[Section 1501. Scope.
This chapter deals with medical assistance for workers with
disabilities.]
Section 3. The definitions of "department," "medical
assistance," "Medicare" and "monthly income" in section 1502 of
the act are amended and the section is amended by adding a
definition to read:
Section 1502. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
"Medical assistance." The State program of medical
assistance established under the act of June 13, 1967 (P.L.31,
No.21), known as the [Public Welfare] Human Services Code.
["Medicare." The Federal program established under Title
XVIII of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1395
et seq.).]
"Monthly income." The monthly income of an individual as
determined by the Department of [Public Welfare] Human Services
when determining eligibility for medical assistance.
* * *
"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;
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(2) is employed and is earning at least the applicable
minimum wage under section 6 of the Fair Labor Standards Act
of 1938 (52 Stat. 1060, 29 U.S.C. § 206);
(3) was previously determined to be a worker with a
disability and participated in medical assistance for at
least one year;
(4) has monthly income that is less than:
(i) four hundred percent of the Federal poverty
level for fiscal years 2019-2020 and 2020-2021;
(ii) five hundred percent of the Federal Poverty
level for fiscal years 2021-2022 and 2022-2023; or
(iii) six hundred percent of the Federal poverty
level for fiscal year 2023-2024 and each fiscal year
thereafter; and
(5) may have acquired countable assets in excess of
$10,000 since the individual was initially deemed a worker
with a disability.
* * *
Section 4. Section 1503(a) and (d)(2) of the act are amended
to read:
Section 1503. Medical assistance benefits for workers with
disabilities and workers with medically improved
disabilities.
(a) Program establishment.--There is established in the
department a medical assistance purchase program for workers
with disabilities and workers with medically improved
disabilities. [Appropriations to the department from the fund
for the program shall be used by the department to provide
medical assistance to a worker with a disability or a worker
with a medically improved disability.]
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* * *
(d) Department responsibilities.--The department shall:
* * *
(2) Prepare and submit by November 30, 2002, and
annually thereafter a report to the chair and minority chair
of the [Public Health and Welfare] Health and Human Services
Committee of the Senate and the chair and minority chair of
the Health [and Human Services] Committee of the House of
Representatives on the number of individuals purchasing
medical benefits, the average amount paid for the benefits
and any other information deemed necessary by the department.
The annual report shall be made available for public
inspection and posted on the department's publicly accessible
[World Wide Web site] Internet website.
Section 5. The act is amended by adding sections to read:
Section 1504. Medical assistance benefits for workers with job
success.
(a) Program establishment.--There is established in the
department a medical assistance purchase program for workers
with job success.
(b) Workers with job success responsibilities.--Workers with
job success seeking to purchase medical assistance benefits
shall:
(1) Subject to subsection (c), pay to the department or
its designee 7.5% of the worker's monthly income in a manner
to be determined by the department.
(2) Notify the department or its designee of any change
in the worker's monthly income in a manner to be determined
by the department.
(3) Failure of a worker with job success to make
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payments in accordance with paragraph (1) will result in the
termination of medical assistance coverage.
(c) Payment.--A worker with job success with an 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 calendar year 2000 seeking to purchase
medical assistance benefits under this section shall pay to the
department or its designee 100% of the Commonwealth's average
cost of medical assistance for a worker with disabilities.
(d) Provision of benefits.--Upon receipt of a worker's
payment under subsections (b)(1) or (c), the department or its
designee shall provide to the worker medical assistance benefits
at the categorically needy level as defined by the department.
Section 1505. Restrictions in determining eligibility.
(a) Spouses or dependents.-- The department or its designee
shall not use the income or assets of a spouse or dependent of
an individual seeking to participate in the medical assistance
purchase program for workers with disabilities and workers with
medically improved disabilities under section 1503 or the
medical assistance purchase program for workers with job success
under section 1504 in determining whether the individual is
eligible to purchase medical assistance benefits under section
1503(b)(1) or 1504(b)(1).
(b) Income or assets acquired.--The department or its
designee shall not use the i ncome or a ssets acquired by an
individual deemed to be a worker with a disability or a worker
with a medically improved disability under section 1503 in
determining whether the individual is eligible to participate in
the medical assistance purchase program for workers with job
success under section 1504.
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Section 1506. Funding for medical assistance.
The department or its designee shall use all of the following
to provide medical assistance coverage to workers with
disabilities and workers with medically improved disabilities
under section 1503 and workers with job success under section
1504.
(1) Money received from the purchase of medical
assistance benefits under section 1503(b)(1) and 1504(b)(1).
(2) Money appropriated to the department from the fund
for the medical assistance purchase program for workers with
disabilities and workers with medically improved disabilities
under section 1503 and the medical assistance purchase
program for workers with job success under section 1504.
Section 1507. Regulations.
The department shall promulgate regulations necessary to
implement the medical assistance purchase program for workers
with disabilities and workers with medically improved
disabilities under section 1503 and the medical assistance
purchase program for workers with job success under section
1504.
Section 6. This act shall take effect in 60 days.
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