EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0867*
SENATE BILL 867
J1, O3 2lr2639
By: Senator Lee
Introduced and read first time: February 7, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Maryland Medical Assistance Program – Employed Individuals With Disabilities 2
Program – Requirements 3
(Equal Love for Employees With Disabilities Act) 4
FOR the purpose of requiring the Maryland Department of Health to provide Maryland 5
Medical Assistance Program services for individuals under the Employed 6
Individuals with Disabilities Program in accordance with certain requirements; 7
prohibiting a certain individual from receiving EID Program services; prohibiting 8
the consideration of certain assets in determining an individual’s eligibility for 9
certain programs; prohibiting the Department from limiting eligibility to receive 10
services under the EID Program based on certain criteria; repealing certain 11
provisions of law relating to the Employed Persons with Disabilities Program; and 12
generally relating to the Maryland Medical Assistance Program and services for 13
individuals with disabilities. 14
BY repealing 15
Article – Health – General 16
Section 15–138 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2021 Supplement) 19
BY adding to 20
Article – Health – General 21
Section 15–138 22
Annotated Code of Maryland 23
(2019 Replacement Volume and 2021 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
Article – Health – General 27 2 SENATE BILL 867
[15–138. 1
(a) To the extent that funding is available in the State budget, the Maryland 2
Department of Health shall implement the Employed Persons with Disabilities Program 3
by July 1, 2005. 4
(b) The purpose of the Employed Persons with Disabilities Program is to 5
encourage individuals with disabilities to seek or maintain employment. 6
(c) (1) The Secretary shall adopt regulations that develop specific eligibility 7
criteria for participation in the Employed Persons with Disabilities Program. 8
(2) Prior to adopting the regulations required under paragraph (1) of this 9
subsection, the Department shall: 10
(i) Consult with the Coalition for Work Incentives Improvement; 11
and 12
(ii) Give preference to the recommendations for eligibility criteria 13
developed by the Coalition. 14
(d) At least every 3 years after the adoption of the regulations required under 15
subsection (c) of this section, the Department shall review the regulations in consultation 16
with the Coalition for Work Incentives Improvement.] 17
15–138. 18
(A) IN THIS SECTION , “EID PROGRAM” MEANS THE EMPLOYED 19
INDIVIDUALS WITH DISABILITIES PROGRAM OPERATED UNDE R THE MARYLAND 20
MEDICAL ASSISTANCE PROGRAM. 21
(B) THE DEPARTMENT SHALL PROVIDE HEALTH CARE SERVICES FOR 22
INDIVIDUALS UNDER THE EID PROGRAM IN ACCORDA NCE WITH THIS SECTION. 23
(C) THE DEPARTMENT SHALL: 24
(1) PROVIDE EID PROGRAM SERVICES TO Q UALIFIED APPLICANTS , 25
INCLUDING EXISTING PROGRAM RECIPIENTS , WHO ARE AT LEAST 16 YEARS OLD; 26
(2) TRANSITION PROGRAM RECIPIENTS WH O BECOME ELIGIBLE FO R 27
THE EID PROGRAM IN A MANNER T HAT IS LEAST DISRUPT IVE TO THE RECIPIENT ’S 28
ACCESS TO SERVICES ; 29
SENATE BILL 867 3
(3) ENSURE THAT THE APPLI CATION PROCESS FOR THE EID 1
PROGRAM, TO THE EXTENT AUTHOR IZED BY THE CENTERS FOR MEDICARE AND 2
MEDICAID SERVICES, PROVIDES MAXIMUM FLE XIBILITY AND PLAIN L ANGUAGE 3
INFORMATION FOR APPL ICANTS, INCLUDING: 4
(I) INSTRUCTIONS FOR COMP LETING THE APPLICATI ON; 5
(II) A DESCRIPTION OF DOCUM ENTS THE APPLICANT M UST 6
ENCLOSE WITH THE APP LICATION; AND 7
(III) NOTICE TO THE APPLICA NT OF APPROVAL OR DE NIAL OF AN 8
APPLICATION; 9
(4) ESTABLISH A PREMIUM C ONTRIBUTION FOR EID PROGRAM 10
SERVICES THAT IS BASED SOLELY ON AN APPLICANT’S EARNED AND UNEARNE D 11
INCOME; AND 12
(5) IF A RECIPIENT OF EID PROGRAM SERVICES BECO MES 13
UNEMPLOYED THROUGH N O FAULT OF THE RECIP IENT, ALLOW THE RECIPIENT TO 14
REMAIN ELIGIBLE FOR THE SERVICES FOR A PERIOD OF UP TO 1 YEAR AFTER THE 15
RECIPIENT BECOMES UN EMPLOYED. 16
(D) THE DEPARTMENT MAY NOT LI MIT ELIGIBILITY TO R ECEIVE EID 17
PROGRAM SERVICES BASE D ON: 18
(1) THE EARNED OR UNEARNE D INCOME OF THE APPL ICANT OR THE 19
APPLICANT’S SPOUSE; OR 20
(2) ANY ASSETS OR RESOURC ES OF THE APPL ICANT OR THE 21
APPLICANT’S SPOUSE. 22
(E) EXCEPT AS PROVIDED IN SUBSECTION (C)(5) OF THIS SECTION , AN 23
INDIVIDUAL MAY NOT R ECEIVE EID PROGRAM SERVICES UNLE SS THE INDIVIDUAL 24
IS EMPLOYED. 25
(F) IF AN INDIVIDUAL IS N O LONGER RECEIVING S ERVICES UNDER THE EID 26
PROGRAM, ASSETS EARNED BY THE INDIVIDUAL WHILE THE INDIVIDUAL WAS 27
RECEIVING SERVICES T HROUGH THE EID PROGRAM, INCLUDING ALL RETIRE MENT 28
ACCOUNTS AND LIFE IN SURANCE POLICIES , MAY NOT BE CONSIDERE D IN 29
DETERMINING THE INDI VIDUAL’S ELIGIBILITY FOR AN Y OTHER PROGRAM WITHIN 30
THE PROGRAM. 31
(G) THE DEPARTMENT SHALL APPLY TO THE CENTERS FOR MEDICARE AND 32 4 SENATE BILL 867
MEDICAID SERVICES FOR ANY AMEN DMENTS TO THE STATE PLAN, WAIVERS, OR 1
OTHER FEDERAL APPROV ALS NECESSARY TO IMPLEME NT THE REQUIREMENTS OF 2
THIS SECTION. 3
SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Department of 4
Health shall implement this Act on or before October 1, 2022. 5
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
1, 2022. 7