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
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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. ยง 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.
(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.
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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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