Regular Session 2019-2020 Senate Bill 0890 P.N. 1246

PRINTER'S NO. 1246

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

890

Session of

2019

INTRODUCED BY MENSCH, SCARNATI, J. WARD, ARGALL, PITTMAN,

MASTRIANO, STEFANO, COSTA, BOSCOLA, COLLETT, BLAKE, KEARNEY,

LEACH, BREWSTER, YUDICHAK, PHILLIPS-HILL, BARTOLOTTA, BAKER,

K. WARD AND YAW, OCTOBER 8, 2019

REFERRED TO HEALTH AND HUMAN SERVICES, OCTOBER 8, 2019

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, further

providing for definitions and for medical assistance benefits

for workers with disabilities and workers with medically

improved disabilities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. 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 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:

* * *

"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;

(2) is earning at least the minimum wage under section 6

of the Fair Labor Standards Act of 1938 (52 Stat. 1060, 29

U.S.C. § 206);

(3) was previously a worker with a disability and

participated in medical assistance for at least one year;

(4) has monthly income that is less than 400% of the

Federal poverty income guidelines during fiscal years 2019-

2020 and 2020-2021, less than 500% of the Federal poverty

income guidelines during fiscal years 2021-2022 and 2022-2023

and less than 600% of the Federal poverty income guidelines

in fiscal years 2023-2024 and thereafter; and

(5) may have countable assets in excess of $10,000 that

have been developed since the individual's initial

eligibility under this subsection.

Section 2. Section 1503 of the act is amended to read:

Section 1503. Medical assistance benefits for workers with

disabilities [and], workers with medically improved

disabilities and workers with job success.

(a) Program establishment.--There is established in the

department a medical assistance purchase program for workers

with disabilities [and], workers with medically improved

disabilities and workers with job success. Appropriations to the

department from [the fund] all sources of funds for the program

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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.

(b) Worker with a disability [or], worker with a medically

improved disability or worker with job success

responsibilities.--[A worker with a disability or a worker with

a medically improved disability seeking to purchase medical

assistance benefits shall:

(1) Pay to the department or its designee 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 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.]

(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 a

disability or a worker with a medically improved disability

to make payments in accordance with this paragraph shall

result in the termination of medical assistance coverage.

(2) A worker with job success seeking to purchase

medical assistance benefits shall pay to the department or

its designee 7.5% of the worker's monthly income in a manner

to be determined by the department. Failure of a worker with

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job success to make payments in accordance with this

paragraph shall result in the termination of medical

assistance coverage.

(3) A worker with a disability, a worker with a

medically improved disability or a worker with job success

shall notify the department or its designee of any change in

the worker's monthly income in a manner to be determined by

the department.

(b.1) Payment.--A worker with job success 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

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 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

the job success category.

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.

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(d) Department responsibilities.--The department shall:

(1) Administer the medical assistance purchase program.

(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 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 3. This act shall take effect in 60 days.

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