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.
Italics indicate opposite chamber/conference committee amendments.
*sb0790*
SENATE BILL 790
J1, O3 (4lr2565)
ENROLLED BILL
— Finance/Health and Government Operations —
Introduced by Senator Klausmeier Senators Klausmeier and Ellis
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 790
BY adding to 1
Article – Health – General 2
Section 15–138 3
Annotated Code of Maryland 4
(2023 Replacement Volume) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Health – General 8
[15–138. 9
(a) To the extent that funding is available in the State budget, the Maryland 10
Department of Health shall implement the Employed Persons with Disabilities Program 11
by July 1, 2005. 12
(b) The purpose of the Employed Persons with Disabilities Program is to 13
encourage individuals with disabilities to seek or maintain employment. 14
(c) (1) The Secretary shall adopt regulations that develop specific eligibility 15
criteria for participation in the Employed Persons with Disabilities Program. 16
(2) Prior to adopting the regulations required under paragraph (1) of this 17
subsection, the Department shall: 18
(i) Consult with the Coalition for Work Incentives Improvement; 19
and 20
(ii) Give preference to the recommendations for eligibility criteria 21
developed by the Coalition. 22
(d) At least every 3 years after the adoption of the regulations required under 23
subsection (c) of this section, the Department shall review the regulations in consultation 24
with the Coalition for Work Incentives Improvement.] 25
15–138. 26
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
INDICATED. 28
(2) “EID PROGRAM” MEANS THE EMPLOYED INDIVIDUALS WITH 29
DISABILITIES PROGRAM OPERATED UNDE R THE MARYLAND MEDICAL ASSISTANCE 30
PROGRAM. 31
SENATE BILL 790 3
(3) “INDEPENDENCE ACCOUNT ” MEANS A FINANCIAL AC COUNT 1
DESIGNATED BY A RECI PIENT OF EID PROGRAM SERVICES : 2
(I) THAT CONSISTS OF EARN ED INCOME OF A RECIP IENT OR 3
FUNDS FROM OTHER SOU RCES DEPOSITED BY OR FOR THE RECIPIENT ; 4
(II) FOR WHICH THERE IS AN UPPER LIMIT ON THE T OTAL 5
AMOUNT OF EARNED INC OME RECEIVED BY THE RECIPIENT IN AN ENRO LLMENT 6
YEAR AND DEPOSITED I NTO THE ACCOUNT ; AND 7
(III) FOR WHICH THERE ARE NO RESTRICTIONS UNDE R THE EID 8
PROGRAM ON HOW FUNDS MAY BE EXPENDED BY T HE RECIPIENT. 9
(B) THE DEPARTMENT SHALL PROV IDE HEALTH CARE SERV ICES FOR 10
INDIVIDUALS UNDER TH E EID PROGRAM IN ACCORDANCE WITH THIS SECTION . 11
(C) THE DEPARTMENT SHALL : 12
(1) PROVIDE EID PROGRAM SERVICES TO Q UALIFIED APPLICANTS , 13
INCLUDING EXISTING PROGRAM RECIPIENTS , WHO ARE AT LEAST 16 YEARS OLD; 14
(2) FOR INITIAL APPLICATI ONS TO RECEIVE EID PROGRAM 15
SERVICES, ACCEPT DOCUMENTS TO VERIFY INCOME AND RE SOURCES THAT ARE 16
DATED UP TO 30 DAYS BEFORE THE DATE TH E APPLICATION IS REC EIVED; 17
(3) TRANSITION PROGRAM RECIPIENTS WH O BECOME ELIGIBLE FO R 18
THE EID PROGRAM IN A MANNER T HAT IS LEAST DISRUPT IVE TO THE RECIPIENT ’S 19
ACCESS TO SERVICES , INCLUDING ENABLING A TRANSITION TO THE EID PROGRAM 20
WITHOUT REQUIRING AN APPL ICANT TO BE TERMINAT ED FROM A PROGRAM 21
ELIGIBILITY CATEGORY IN EFFECT AS A PRERE QUISITE TO APPLYING FOR EID 22
PROGRAM SERVICES ; 23
(4) ENSURE THAT THE APPLI CATION PROCESS FOR T HE EID 24
PROGRAM, TO THE EXTENT AUTHOR IZED BY THE CENTERS FOR MEDICARE AND 25
MEDICAID SERVICES, PROVIDES MAXIMUM FLE XIBILITY AND PLAIN L ANGUAGE 26
INFORMATION FOR APPL ICANTS, INCLUDING: 27
(I) INSTRUCTIONS FOR COMP LETING THE APPLICATI ON; 28
(II) A DESCRIPTION OF DOCUM ENTS THE APPLICANT M UST 29
ENCLOSE WITH THE APP LICATION; AND 30
(III) NOTICE TO THE APPLICA NT OF APPROVAL OR DE NIAL OF AN 31
APPLICATION; AND 32 4 SENATE BILL 790
(5) (I) ESTABLISH A PREMIUM C ONTRIBUTION FOR EID PROGRAM 1
SERVICES THAT IS BASED SOLELY ON A RECIPIENT ’S EARNED AND UNEARNE D 2
INCOME; AND 3
(II) ESTABLISH MONTHLY PREMIUM CONTRIBUTION S LEVELS 4
FOR RECIPIENTS WITH COUNTABLE INCOME LEV ELS ABOVE 300% OF THE FEDERAL 5
POVERTY LEVEL IN ACC ORDANCE WITH SUBSECT ION (D) OF THIS SECTION. 6
(D) FOR RECIPIENTS WITH C OUNTABLE INCOME LEVE LS ABOVE 300% OF 7
THE FEDERAL POVERTY LEVEL, THE MONTHLY PREMIUM L EVELS SHALL BE AS 8
FOLLOWS: 9
(1) FOR A RECIPIENT WITH A COUNTABLE INCOME T HAT IS AT LEAST 10
301% BUT LESS THAN 451% OF THE FEDERAL POVER TY LEVEL, THE MONTHLY 11
PREMIUM AMOUNT IS $129; 12
(2) FOR A RECIPIENT WITH A COUNTABLE INCOME T HAT IS AT LEAST 13
451% BUT LESS THAN 601% OF THE FEDERAL POVER TY LEVEL, THE MONTHLY 14
PREMIUM AMOUNT IS $242; AND 15
(3) FOR A RECIPIENT WITH A COUNTABLE INCOME T HAT IS AT LEAST 16
601% OF THE FEDERAL POVER TY LEVEL, THE MONTHLY PREMIUM AMOUNT IS $484. 17
(E) (D) SUBJECT TO SUBSECTION (F) (E) OF THIS SECTION , THE 18
DEPARTMENT MAY ADOPT REGULATIONS THAT DEV ELOP SPECIFIC ELIGIB ILITY 19
CRITERIA FOR PARTICI PATION IN THE EID PROGRAM. 20
(F) (E) THE DEPARTMENT MAY NOT : 21
(1) LIMIT ELIGIBILITY TO RECEIVE EID PROGRAM SERVICES BASE D 22
ON: 23
(I) THE EARNED OR UNEARNE D INCOME OF THE APPL ICANT OR 24
THE APPLICANT ’S SPOUSE; 25
(II) ANY ASSETS OR RESOURC ES OF THE APPLICANT ’S OR 26
RECIPIENT’S SPOUSE THAT ARE NO T JOINT ASSETS FOR A RECIPIENT; 27
(III) ANY RETIREMENT ACCOUN T ASSETS OR RESOURCE S FOR AN 28
APPLICANT OR A RECIP IENT; OR 29
(IV) ANY ASSETS OR RESOURC ES IN AN INDEPENDENC E 30
ACCOUNT ESTABLISHED FOR A RECIPIENT OF EID PROGRAM SERVICES ; OR 31 SENATE BILL 790 5
(2) ESTABLISH AN UPPER AG E LIMIT ON ELIGIBILI TY TO RECEIVE 1
EID PROGRAM SERVICES ; OR 2
(3) ESTABLISH AS A PREREQUISITE FO R ELIGIBILITY TO REC EIVE 3
EID PROGRAM SERVICES THAT AN APPLICANT APPLY F OR SOCIAL SECURITY 4
DISABILITY INSURANCE BENEFITS WH EN THE APPLICANT DOE S NOT RECEIVE THE 5
BENEFITS AND HAS EAR NINGS THAT ARE ABOVE THE SUBSTANTIAL GAIN FUL 6
ACTIVITY LEVEL ESTABLISHED BY T HE SOCIAL SECURITY ADMINISTRATION . 7
(G) (F) THE DEPARTMENT SHALL : 8
(1) MEET WITH A STATE–BASED COALITION OF D ISABILITY 9
ADVOCATES TWICE A YE AR TO RECEIVE FEEDBA CK ON AND DISCUSS AN Y NEEDED 10
CHANGES TO THE EID PROGRAM; AND 11
(2) REQUEST FEEDBACK FROM THE COALITION BEFORE PROVIDING 12
ANY INFORMATION OR M ATERIALS ON THE EID PROGRAM TO THE PUBLIC . 13
(H) (G) THE DEPARTMENT SHALL APPL Y TO THE CENTERS FOR 14
MEDICARE AND MEDICAID SERVICES FOR ANY AMEN DMENTS TO THE STATE PLAN, 15
WAIVERS, OR OTHER FEDERAL APPROVALS NECESSARY TO IMPLEME NT THE 16
REQUIREMENTS OF THIS SECTION. 17
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 18
2024, the Maryland Department of Health shall report to the Senate Finance Committee and 19
the House Health and Government Operations Committee, in accordance with § 2–1257 of 20
the State Government Article, on the fiscal and operational impact of the following: 21
(1) implementing an Employed Individuals with Disabilities Program that 22
serves individuals age 65 and older, including options of eliminating or increasing the age 23
cap with enrollment; and 24
(2) establishing a premium contribution for EID Program services that is 25
based on an applicant’s earned and unearned income. 26
SECTION 2. 3. AND BE IT FURTHER ENACT ED, That this Act shall take effect 27
October 1, 2024. 28