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PRINTER'S NO. 135
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
156
Session of
2021
INTRODUCED BY MENSCH, K. WARD, BROOKS, GORDNER, ARGALL, BAKER,
BARTOLOTTA, DiSANTO, PITTMAN, STEFANO, J. WARD, BLAKE,
BREWSTER, COLLETT, COMITTA, HAYWOOD, MUTH, SANTARSIERO,
SCHWANK AND TARTAGLIONE, FEBRUARY 2, 2021
REFERRED TO HEALTH AND HUMAN SERVICES, FEBRUARY 2, 2021
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. 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:
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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
U.S.C. § 206);
(3) was previously a worker with a disability and
participated in medical assistance;
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(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 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) 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
(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 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.-- Assets developed by a
medical assistance for workers with disabilities enrollee who
was made eligible under the job success category will not be
counted in the determination of eligibility for the medical
assistance for workers with disabilities program if the enrollee
loses eligibility in 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.
(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
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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 180 days.
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