Regular Session 2019-2020 Senate Bill 0890 P.N. 1814

PRIOR PRINTER'S NO. 1246

PRINTER'S NO. 1814

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, BARTOLOTTA, BAKER, K. WARD, YAW,

IOVINO AND HUTCHINSON, OCTOBER 8, 2019

SENATOR BROOKS, HEALTH AND HUMAN SERVICES, AS AMENDED, JUNE

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

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 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:

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 A 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 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;

(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

(3) HAS PARTICIPATED IN A MEDICAL ASSISTANCE FOR WORKERS

WITH DISABILITIES CATEGORY OR A MEDICAL ASSISTANCE FOR

WORKERS WITH MEDICALLY 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.

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

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.]

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 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

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 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.

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.

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

(1) Administer the medical assistance purchase program.

(2) [Prepare] ANNUALLY PREPARE and submit by November

30[, 2002, and annually thereafter] OF EACH YEAR 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 60 180 days.

20190SB0890PN1814 - 6 -

<--