EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0790*
SENATE BILL 790
J1, O3 4lr2565
By: Senator Klausmeier
Introduced and read first time: February 1, 2024
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Maryland Medical Assistance Program – Employed Individuals With Disabilities 2
FOR the purpose of requiring the Maryland Department of Health to provide Maryland 3
Medical Assistance Program services for individuals under the Employed 4
Individuals with Disabilities Program in accordance with certain requirements; 5
prohibiting the Department from limiting eligibility to receive services under the 6
EID Program based on certain criteria; repealing certain provisions of law relating 7
to the Employed Persons with Disabilities Program; and generally relating to the 8
Maryland Medical Assistance Program and services for individuals with disabilities. 9
BY repealing 10
Article – Health – General 11
Section 15–138 12
Annotated Code of Maryland 13
(2023 Replacement Volume) 14
BY adding to 15
Article – Health – General 16
Section 15–138 17
Annotated Code of Maryland 18
(2023 Replacement Volume) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Health – General 22
[15–138. 23
(a) To the extent that funding is available in the State budget, the Maryland 24 2 SENATE BILL 790
Department of Health shall implement the Employed Persons with Disabilities Program 1
by July 1, 2005. 2
(b) The purpose of the Employed Persons with Disabilities Program is to 3
encourage individuals with disabilities to seek or maintain employment. 4
(c) (1) The Secretary shall adopt regulations that develop specific eligibility 5
criteria for participation in the Employed Persons with Disabilities Program. 6
(2) Prior to adopting the regulations required under paragraph (1) of this 7
subsection, the Department shall: 8
(i) Consult with the Coalition for Work Incentives Improvement; 9
and 10
(ii) Give preference to the recommendations for eligibility criteria 11
developed by the Coalition. 12
(d) At least every 3 years after the adoption of the regulations required under 13
subsection (c) of this section, the Department shall review the regulations in consultation 14
with the Coalition for Work Incentives Improvement.] 15
15–138. 16
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(2) “EID PROGRAM” MEANS THE EMPLOYED INDIVIDUALS WITH 19
DISABILITIES PROGRAM OPERATED UNDE R THE MARYLAND MEDICAL ASSISTANCE 20
PROGRAM. 21
(3) “INDEPENDENCE ACCOUNT ” MEANS A FINANCIAL ACCOUNT 22
DESIGNATED BY A RECI PIENT OF EID PROGRAM SERVICES : 23
(I) THAT CONSISTS OF EARNED IN COME OF A RECIPIENT OR 24
FUNDS FROM OTHER SOURCES DEPOSITED BY OR FOR THE RECIPIENT; 25
(II) FOR WHICH THERE IS AN UPPER LIMIT O N THE TOTAL 26
AMOUNT OF EARNED INC OME RECEIVED BY THE RECIPIENT IN AN ENRO LLMENT 27
YEAR AND DEPOSITED INTO T HE ACCOUNT; AND 28
(III) FOR WHICH THERE ARE NO RESTRICTIONS UNDER THE EID 29
PROGRAM ON HOW FUNDS MAY BE EXPENDED BY T HE RECIPIENT. 30
(B) THE DEPARTMENT SHALL PROVIDE HEALTH CARE SERVICES FOR 31 SENATE BILL 790 3
INDIVIDUALS UNDER TH E EID PROGRAM IN ACCORDANCE WITH THIS SECTION . 1
(C) THE DEPARTMENT SHALL : 2
(1) PROVIDE EID PROGRAM SERVICES TO Q UALIFIED APPLICANTS , 3
INCLUDING EXISTING PROGRAM RECIPIENTS , WHO ARE AT LEAST 16 YEARS OLD; 4
(2) FOR INITIAL APPLICATI ONS TO RECEIVE EID PROGRAM 5
SERVICES, ACCEPT DOCUMENTS TO VERIFY INCOME AND RE SOURCES THAT ARE 6
DATED UP TO 30 DAYS BEFORE THE DATE THE APPLICATION IS R ECEIVED; 7
(3) TRANSITION PROGRAM RECIPIENTS WH O BECOME ELIGIBLE FO R 8
THE EID PROGRAM IN A MANNER T HAT IS LEAST DISRUPT IVE TO THE RECIPIENT ’S 9
ACCESS TO SERVICES , INCLUDING ENABLING A TRANSITION TO THE EID PROGRAM 10
WITHOUT REQUIRING AN APPLICA NT TO BE TERMINATED FROM A PROGRAM 11
ELIGIBILITY CATEGORY IN EFFECT AS A PRERE QUISITE TO APPLYING FOR EID 12
PROGRAM SERVICES ; 13
(4) ENSURE THAT THE APPLI CATION PROCESS FOR T HE EID 14
PROGRAM, TO THE EXTENT AUTHOR IZED BY THE CENTERS FOR MEDICARE AND 15
MEDICAID SERVICES, PROVIDES MAXIMUM FLE XIBILITY AND PLAIN L ANGUAGE 16
INFORMATION FOR APPL ICANTS, INCLUDING: 17
(I) INSTRUCTIONS FOR COMP LETING THE APPLICATI ON; 18
(II) A DESCRIPTION OF DOCUM ENTS THE APPLICANT M UST 19
ENCLOSE WITH THE APP LICATION; AND 20
(III) NOTICE TO THE APPLICA NT OF APPROVAL OR DE NIAL OF AN 21
APPLICATION; AND 22
(5) (I) ESTABLISH A PREMIUM CONTRIBUTION FOR EID PROGRAM 23
SERVICES THAT IS BAS ED SOLELY ON A RECIPIENT’S EARNED AND UNEARNE D 24
INCOME; AND 25
(II) ESTABLISH MONTHLY PRE MIUM CONTRIBUTIONS L EVELS 26
FOR RECIPIENTS WITH COUNTABLE INCOME LEV ELS ABOVE 300% OF THE FEDERAL 27
POVERTY LEVEL IN ACCORDANCE WITH S UBSECTION (D) OF THIS SECTION. 28
(D) FOR RECIPIENTS WITH C OUNTABLE INCOME LEVE LS ABOVE 300% OF 29
THE FEDERAL POVERTY LEVEL, THE MONTHLY PREMIUM LEVE LS SHALL BE AS 30
FOLLOWS: 31
4 SENATE BILL 790
(1) FOR A RECIPIENT WITH A COUNTABLE INCOME THAT IS AT LEAST 1
301% BUT LESS THAN 451% OF THE FEDERAL POVER TY LEVEL, THE MONTHLY 2
PREMIUM AMOUNT IS $129; 3
(2) FOR A RECIPIENT WITH A COUNTABLE INCOME THAT IS AT LEAST 4
451% BUT LESS THAN 601% OF THE FEDERAL POVER TY LEVEL, THE MONTHLY 5
PREMIUM AMOUNT IS $242; AND 6
(3) FOR A RECIPIENT WITH A COUNTABLE INCOME THAT IS AT LEAST 7
601% OF THE FEDERAL POVER TY LEVEL, THE MONTHLY PREMIUM AMOUNT IS $484. 8
(E) SUBJECT TO SUBSECTION (F) OF THIS SECTION, THE DEPARTMENT MAY 9
ADOPT REGULATIONS TH AT DEVELOP SPECIFIC ELIGIBILITY CRITERIA FOR 10
PARTICIPATION IN THE EID PROGRAM. 11
(F) THE DEPARTMENT MAY NOT : 12
(1) LIMIT ELIGIBILITY TO RECEIVE EID PROGRAM SERVICES BASE D 13
ON: 14
(I) THE EARNED OR UNEARNE D INCOME OF THE APPL ICANT OR 15
THE APPLICANT ’S SPOUSE; 16
(II) ANY ASSETS OR RESOURC ES OF THE APPLICANT ’S OR 17
RECIPIENT’S SPOUSE THAT ARE NOT JOINT A SSETS FOR A RECIPIENT ; 18
(III) ANY RETIREMENT ACCOUN T ASSETS OR RESOURCES FOR AN 19
APPLICANT OR A RECIPIENT; OR 20
(IV) ANY ASSETS OR RESOURCES IN AN INDEPENDENCE 21
ACCOUNT ESTABLISHED FOR A RECIPIENT OF EID PROGRAM SERVICES ; 22
(2) ESTABLISH AN UPPER AG E LIMIT ON ELIGIBILI TY TO RECEIVE 23
EID PROGRAM SERVICES ; OR 24
(3) ESTABLISH AS A PREREQ UISITE FOR ELIGIBILITY TO R ECEIVE 25
EID PROGRAM SERVICES THAT AN APPLICANT APPLY F OR SOCIAL SECURITY 26
DISABILITY INSURANCE BENEFITS WH EN THE APPLICANT DOE S NOT RECEIVE THE 27
BENEFITS AND HAS EARNINGS THAT ARE AB OVE THE SUBSTANTIAL GAINFUL 28
ACTIVITY LEVEL ESTABLISHED BY THE SOCIAL SECURITY ADMINISTRATION . 29
(G) THE DEPARTMENT SHALL : 30
SENATE BILL 790 5
(1) MEET WITH A STATE–BASED COALITION OF D ISABILITY 1
ADVOCATES TWICE A YEAR TO RECEIVE FEEDBACK ON AND DISCUSS ANY N EEDED 2
CHANGES TO THE EID PROGRAM; AND 3
(2) REQUEST FEEDBACK FROM THE COALITION BEFORE PRO VIDING 4
ANY INFORMATION OR M ATERIALS ON THE EID PROGRAM TO THE PUBLIC . 5
(H) THE DEPARTMENT SHALL APPL Y TO THE CENTERS FOR MEDICARE AND 6
MEDICAID SERVICES FOR ANY AMEN DMENTS TO THE STATE PLAN, WAIVERS, OR 7
OTHER FEDERAL APPROV ALS NECESSARY TO IMPLEMENT THE REQ UIREMENTS OF 8
THIS SECTION. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2024. 11