WES MOORE, Governor Ch. 845
– 1 –
Chapter 845
(Senate Bill 790)
AN ACT concerning
Maryland Medical Assistance Program – Employed Individuals With Disabilities
FOR the purpose of requiring the Maryland Department of Health to provide Maryland
Medical Assistance Program services for individuals under the Employed
Individuals with Disabilities Program in accordance with certain requirements;
prohibiting the Department from limiting eligibility to receive services under the
EID Program based on certain criteria; repealing certain provisions of law relating
to the Employed Persons with Disabilities Program; and generally relating to the
Maryland Medical Assistance Program and services for individuals with disabilities.
BY repealing
Article – Health – General
Section 15–138
Annotated Code of Maryland
(2023 Replacement Volume)
BY adding to
Article – Health – General
Section 15–138
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
[15–138.
(a) To the extent that funding is available in the State budget, the Maryland
Department of Health shall implement the Employed Persons with Disabilities Program
by July 1, 2005.
(b) The purpose of the Employed Persons with Disabilities Program is to
encourage individuals with disabilities to seek or maintain employment.
(c) (1) The Secretary shall adopt regulations that develop specific eligibility
criteria for participation in the Employed Persons with Disabilities Program.
(2) Prior to adopting the regulations required under paragraph (1) of this
subsection, the Department shall: Ch. 845 2024 LAWS OF MARYLAND
– 2 –
(i) Consult with the Coalition for Work Incentives Improvement;
and
(ii) Give preference to the recommendations for eligibility criteria
developed by the Coalition.
(d) At least every 3 years after the adoption of the regulations required under
subsection (c) of this section, the Department shall review the regulations in consultation
with the Coalition for Work Incentives Improvement.]
15–138.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “EID PROGRAM” MEANS THE EMPLOYED INDIVIDUALS WITH
DISABILITIES PROGRAM OPERATED UNDE R THE MARYLAND MEDICAL ASSISTANCE
PROGRAM.
(3) “INDEPENDENCE ACCOUNT ” MEANS A FINANCIAL AC COUNT
DESIGNATED BY A RECI PIENT OF EID PROGRAM SERVICES :
(I) THAT CONSISTS OF EARN ED INCOME OF A RECIP IENT OR
FUNDS FROM OTHER SOU RCES DEPOSITED BY OR FOR THE RECIPIENT;
(II) FOR WHICH THERE IS AN UPPER LIMIT ON THE T OTAL
AMOUNT OF EARNED INC OME RECEIVED BY THE RECIPIENT IN AN ENRO LLMENT
YEAR AND DEPOSITED I NTO THE ACCOUNT ; AND
(III) FOR WHICH THERE ARE N O RESTRICTIONS UNDER THE EID
PROGRAM ON HOW FUNDS MAY BE EXPENDED BY T HE RECIPIENT.
(B) THE DEPARTMENT SHALL PROV IDE HEALTH CARE SERV ICES FOR
INDIVIDUALS UNDER TH E EID PROGRAM IN ACCORDANCE WITH THIS SECTION .
(C) THE DEPARTMENT SHALL :
(1) PROVIDE EID PROGRAM SERVICES TO Q UALIFIED APPLICANTS ,
INCLUDING EXISTING PROGRAM RECIPIENTS , WHO ARE AT LEAST 16 YEARS OLD;
(2) FOR INITIAL APPLICATI ONS TO RECEIVE EID PROGRAM
SERVICES, ACCEPT DOCUMENTS TO VERIFY INCOME AND RE SOURCES THAT ARE
DATED UP TO 30 DAYS BEFORE THE DATE THE APPLICATION IS RECEIVED ; WES MOORE, Governor Ch. 845
– 3 –
(3) TRANSITION PROGRAM RECIPIENTS WH O BECOME ELIGIBLE FO R
THE EID PROGRAM IN A MANNER T HAT IS LEAST DISRUPT IVE TO THE RECIPIENT ’S
ACCESS TO SERVICES , INCLUDING ENABLING A TRANSITION TO THE EID PROGRAM
WITHOUT REQUIRING AN APPLICANT TO BE TERMINATED FROM A PROGRAM
ELIGIBILITY CATEGORY IN EFFECT AS A PRERE QUISITE TO APPLYING FOR EID
PROGRAM SERVICES ;
(4) ENSURE THAT THE APPLI CATION PROCESS FOR T HE EID
PROGRAM, TO THE EXTENT AUTHOR IZED BY THE CENTERS FOR MEDICARE AND
MEDICAID SERVICES, PROVIDES MAXIMUM FLE XIBILITY AND PLAIN L ANGUAGE
INFORMATION FOR APPL ICANTS, INCLUDING:
(I) INSTRUCTIONS FOR COMP LETING THE APPLICATI ON;
(II) A DESCRIPTION OF DOCUM ENTS THE APPLICANT M UST
ENCLOSE WITH THE APP LICATION; AND
(III) NOTICE TO THE APPLICANT OF APPROVA L OR DENIAL OF AN
APPLICATION; AND
(5) (I) ESTABLISH A PREMIUM C ONTRIBUTION FOR EID PROGRAM
SERVICES THAT IS BASED SOLELY ON A RECIPIENT ’S EARNED AND UNEARNE D
INCOME; AND
(II) ESTABLISH MONTHLY PRE MIUM CONTRIBUTIONS L EVELS
FOR RECIPIENTS WITH COUNTA BLE INCOME LEVELS AB OVE 300% OF THE FEDERAL
POVERTY LEVEL IN ACC ORDANCE WITH SUBSECT ION (D) OF THIS SECTION.
(D) FOR RECIPIENTS WITH C OUNTABLE INCOME LEVE LS ABOVE 300% OF
THE FEDERAL POVERTY LEVEL, THE MONTHLY PREMIUM LEVELS SHALL BE AS
FOLLOWS:
(1) FOR A RECIPIENT WITH A COUNTABLE INCOME T HAT IS AT LEAST
301% BUT LESS THAN 451% OF THE FEDERAL POVER TY LEVEL, THE MONTHLY
PREMIUM AMOUNT IS $129;
(2) FOR A RECIPIENT WITH A COUNTABLE INCOME T HAT IS AT LEAST
451% BUT LESS THAN 601% OF THE FEDERAL POVERTY LEVEL, THE MONTHLY
PREMIUM AMOUNT IS $242; AND
(3) FOR A RECIPIENT WITH A COUNTABLE INCOME T HAT IS AT LEAST
601% OF THE FEDERAL POVER TY LEVEL, THE MONTHLY PREMIUM AMOUNT IS $484.
Ch. 845 2024 LAWS OF MARYLAND
– 4 –
(E) (D) SUBJECT TO SUBSECTION (F) (E) OF THIS SECTION, THE
DEPARTMENT MAY ADOPT REGULATIONS THAT DEV ELOP SPECIFIC ELIGIB ILITY
CRITERIA FOR PARTICI PATION IN THE EID PROGRAM.
(F) (E) THE DEPARTMENT MAY NOT :
(1) LIMIT ELIGIBILITY TO RECEIVE EID PROGRAM SERVICES BASE D
ON:
(I) THE EARNED OR UNEARNED INCOME OF T HE APPLICANT OR
THE APPLICANT ’S SPOUSE;
(II) ANY ASSETS OR RESOURC ES OF THE APPLICANT ’S OR
RECIPIENT’S SPOUSE THAT ARE NO T JOINT ASSETS FOR A RECIPIENT;
(III) ANY RETIREMENT ACCOUN T ASSETS OR RESOURCE S FOR AN
APPLICANT OR A RECI PIENT; OR
(IV) ANY ASSETS OR RESOURC ES IN AN INDEPENDENC E
ACCOUNT ESTABLISHED FOR A RECIPIENT OF EID PROGRAM SERVICES ; OR
(2) ESTABLISH AN UPPER AG E LIMIT ON ELIGIBILI TY TO RECEIVE
EID PROGRAM SERVICES ; OR
(3) ESTABLISH AS A PREREQ UISITE FOR ELIG IBILITY TO RECEIVE
EID PROGRAM SERVICES THAT AN APPLICANT APPLY F OR SOCIAL SECURITY
DISABILITY INSURANCE BENEFITS WH EN THE APPLICANT DOE S NOT RECEIVE THE
BENEFITS AND HAS EAR NINGS THAT ARE ABOVE THE SUBSTANTIAL GAIN FUL
ACTIVITY LEVEL ESTAB LISHED BY THE SOCIAL SECURITY ADMINISTRATION .
(G) (F) THE DEPARTMENT SHALL :
(1) MEET WITH A STATE–BASED COALITION OF D ISABILITY
ADVOCATES TWICE A YE AR TO RECEIVE FEEDBA CK ON AND DISCUSS AN Y NEEDED
CHANGES TO THE EID PROGRAM; AND
(2) REQUEST FEEDBACK FROM THE COALITION BEFORE PRO VIDING
ANY INFORMATION OR M ATERIALS ON THE EID PROGRAM TO THE PUBLIC .
(H) (G) THE DEPARTMENT SHALL APPL Y TO THE CENTERS FOR
MEDICARE AND MEDICAID SERVICES FOR ANY AMEN DMENTS TO THE STATE PLAN,
WAIVERS, OR OTHER FEDERAL APP ROVALS NECES SARY TO IMPLEMENT TH E
REQUIREMENTS OF THIS SECTION. WES MOORE, Governor Ch. 845
– 5 –
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1,
2024, the Maryland Department of Health shall report to the Senate Finance Committee and
the House Health and Government Operations Committee, in accordance with § 2–1257 of
the State Government Article, on the fiscal and operational impact of the following:
(1) implementing an Employed Individuals with Disabilities Program that
serves individuals age 65 and older, including options of eliminating or increasing the age
cap with enrollment; and
(2) establishing a premium contribution for EID Program services that is
based on an applicant’s earned and unearned income.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.