EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0790*
SENATE BILL 790
J1, O3 4lr2565
By: Senator Klausmeier Senators Klausmeier and Ellis
Introduced and read first time: February 1, 2024
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 2, 2024
CHAPTER ______
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
2 SENATE BILL 790
Article – Health – General 1
[15–138. 2
(a) To the extent that funding is available in the State budget, the Maryland 3
Department of Health shall implement the Employed Persons with Disabilities Program 4
by July 1, 2005. 5
(b) The purpose of the Employed Persons with Disabilities Program is to 6
encourage individuals with disabilities to seek or maintain employment. 7
(c) (1) The Secretary shall adopt regulations that develop specific eligibility 8
criteria for participation in the Employed Persons with Disabilities Program. 9
(2) Prior to adopting the regulations required under paragraph (1) of this 10
subsection, the Department shall: 11
(i) Consult with the Coalition for Work Incentives Improvement; 12
and 13
(ii) Give preference to the recommendations for eligibility criteria 14
developed by the Coalition. 15
(d) At least every 3 years after the adoption of the regulations required under 16
subsection (c) of this section, the Department shall review the regulations in consultation 17
with the Coalition for Work Incentives Improvement.] 18
15–138. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) “EID PROGRAM” MEANS THE EMPLOYED INDIVIDUALS WITH 22
DISABILITIES PROGRAM OPERATED UNDE R THE MARYLAND MEDICAL ASSISTANCE 23
PROGRAM. 24
(3) “INDEPENDENCE ACCOUNT ” MEANS A FINANCIAL AC COUNT 25
DESIGNATED BY A RECI PIENT OF EID PROGRAM SERVICES : 26
(I) THAT CONSISTS OF EARN ED INCOME OF A RECIP IENT OR 27
FUNDS FROM OTHER SOU RCES DEPOSITED BY OR FOR THE RECIPIENT ; 28
(II) FOR WHICH THERE IS AN UPPER LIMIT ON THE T OTAL 29
AMOUNT OF EARNED INC OME RECEIVED BY THE RECIPIENT IN AN ENRO LLMENT 30
YEAR AND DEPOSITED I NTO THE ACCOUNT ; AND 31
SENATE BILL 790 3
(III) FOR WHICH THERE ARE NO RESTRICTIONS UNDE R THE EID 1
PROGRAM ON HOW FUNDS MAY BE EXPENDED BY T HE RECIPIENT. 2
(B) THE DEPARTMENT SHALL PROV IDE HEALTH CARE SERV ICES FOR 3
INDIVIDUALS UNDER TH E EID PROGRAM IN ACCORDANCE WITH THIS SECTION . 4
(C) THE DEPARTMENT SHALL : 5
(1) PROVIDE EID PROGRAM SERVICES TO Q UALIFIED APPLICANTS , 6
INCLUDING EXISTING PROGRAM RECIPIENTS , WHO ARE AT LEAST 16 YEARS OLD; 7
(2) FOR INITIAL APPLICATI ONS TO RECEIVE EID PROGRAM 8
SERVICES, ACCEPT DOCUMENTS TO VERIFY INCOME AND RE SOURCES THAT ARE 9
DATED UP TO 30 DAYS BEFORE THE DATE TH E APPLICATION IS REC EIVED; 10
(3) TRANSITION PROGRAM RECIPIENTS WH O BECOME ELIGIBLE FO R 11
THE EID PROGRAM IN A MANNER T HAT IS LEAST DISRUPT IVE TO THE RECIPIENT ’S 12
ACCESS TO SERVICES , INCLUDING ENABLING A TRANSITION TO THE EID PROGRAM 13
WITHOUT REQUIRING AN APPL ICANT TO BE TERMINAT ED FROM A PROGRAM 14
ELIGIBILITY CATEGORY IN EFFECT AS A PRERE QUISITE TO APPLYING FOR EID 15
PROGRAM SERVICES ; 16
(4) ENSURE THAT THE APPLI CATION PROCESS FOR T HE EID 17
PROGRAM, TO THE EXTENT AUTHOR IZED BY THE CENTERS FOR MEDICARE AND 18
MEDICAID SERVICES, PROVIDES MAXIMUM FLE XIBILITY AND PLAIN L ANGUAGE 19
INFORMATION FOR APPL ICANTS, INCLUDING: 20
(I) INSTRUCTIONS FOR COMP LETING THE APPLICATI ON; 21
(II) A DESCRIPTION OF DOCUM ENTS THE APPLICANT M UST 22
ENCLOSE WITH THE APP LICATION; AND 23
(III) NOTICE TO THE APPLICA NT OF APPROVAL OR DE NIAL OF AN 24
APPLICATION; AND 25
(5) (I) ESTABLISH A PREMIUM C ONTRIBUTION FOR EID PROGRAM 26
SERVICES THAT IS BASED SOLELY ON A RECIPIENT ’S EARNED AND UNEARNE D 27
INCOME; AND 28
(II) ESTABLISH MONTHLY PRE MIUM CONTRIBUTIONS LEVELS 29
FOR RECIPIENTS WITH COUNTABLE INCOME LEV ELS ABOVE 300% OF THE FEDERAL 30
POVERTY LEVEL IN ACC ORDANCE WITH SUBSECT ION (D) OF THIS SECTION. 31
4 SENATE BILL 790
(D) FOR RECIPIENTS WITH C OUNTABLE INCOME LEVE LS ABOVE 300% OF 1
THE FEDERAL POVERTY LEVEL, THE MONTH LY PREMIUM LEVELS SH ALL BE AS 2
FOLLOWS: 3
(1) FOR A RECIPIENT WITH A COUNTABLE INCOME T HAT IS AT LEAST 4
301% BUT LESS THAN 451% OF THE FEDERAL POVER TY LEVEL, THE MONTHLY 5
PREMIUM AMOUNT IS $129; 6
(2) FOR A RECIPIENT WITH A COUNTABLE INCOME T HAT IS AT LEAST 7
451% BUT LESS THAN 601% OF THE FEDERAL POVER TY LEVEL, THE MONTHLY 8
PREMIUM AMOUNT IS $242; AND 9
(3) FOR A RECIPIENT WITH A COUNTABLE INCOME T HAT IS AT LEAST 10
601% OF THE FEDERAL POVER TY LEVEL, THE MONTHLY PREMIUM AMOUNT IS $484. 11
(E) (D) SUBJECT TO SUBSECTION (F) (E) OF THIS SECTION , THE 12
DEPARTMENT MAY ADOPT REGULATIONS THAT DEV ELOP SPECIFIC ELIGIB ILITY 13
CRITERIA FOR PARTICI PATION IN THE EID PROGRAM. 14
(F) (E) THE DEPARTMENT MAY NOT : 15
(1) LIMIT ELIGIBILITY TO RECEIVE EID PROGRAM SERVICES BASED 16
ON: 17
(I) THE EARNED OR UNEARNE D INCOME OF THE APPL ICANT OR 18
THE APPLICANT ’S SPOUSE; 19
(II) ANY ASSETS OR RESOURC ES OF THE APPLICANT ’S OR 20
RECIPIENT’S SPOUSE THAT ARE NO T JOINT ASSETS FOR A RECIPIENT; 21
(III) ANY RETIREMENT ACCOUN T ASSETS OR RESO URCES FOR AN 22
APPLICANT OR A RECIP IENT; OR 23
(IV) ANY ASSETS OR RESOURC ES IN AN INDEPENDENC E 24
ACCOUNT ESTABLISHED FOR A RECIPIENT OF EID PROGRAM SERVICES ; OR 25
(2) ESTABLISH AN UPPER AG E LIMIT ON ELIGIBILI TY TO RECEIVE 26
EID PROGRAM SERVICES ; OR 27
(3) ESTABLISH AS A PREREQ UISITE FOR ELIGIBILI TY TO RECEIVE 28
EID PROGRAM SERVICES THAT AN APPLICANT APPLY F OR SOCIAL SECURITY 29
DISABILITY INSURANCE BENEFITS WH EN THE APPLICANT DOE S NOT RECEIVE THE 30
BENEFITS AND HAS EAR NINGS THAT ARE ABOVE THE SUBSTANTIAL GAIN FUL 31
ACTIVITY LEVEL ESTABL ISHED BY THE SOCIAL SECURITY ADMINISTRATION . 32 SENATE BILL 790 5
(G) (F) THE DEPARTMENT SHALL : 1
(1) MEET WITH A STATE–BASED COALITION OF D ISABILITY 2
ADVOCATES TWICE A YE AR TO RECEIVE FEEDBA CK ON AND DISCUSS AN Y NEEDED 3
CHANGES TO THE EID PROGRAM; AND 4
(2) REQUEST FEEDBACK FROM THE COALITION BEFORE PROVIDING 5
ANY INFORMATION OR M ATERIALS ON THE EID PROGRAM TO THE PUBLIC . 6
(H) (G) THE DEPARTMENT SHALL APPL Y TO THE CENTERS FOR 7
MEDICARE AND MEDICAID SERVICES FOR ANY AMEN DMENTS TO THE STATE PLAN, 8
WAIVERS, OR OTHER FEDERAL APPROV ALS NECESSARY TO IMP LEMENT THE 9
REQUIREMENTS OF THIS SECTION. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2024. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.