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4 | 4 | | |
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5 | 5 | | 2025 -- S 0693 |
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6 | 6 | | ======== |
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7 | 7 | | LC001222 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO HUMAN SERVICES -- MEDICARE SAVINGS PROGRAMS |
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16 | 16 | | Introduced By: Senators DiPalma, Tikoian, Felag, Ciccone, DiMario, Britto, and |
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17 | 17 | | Thompson |
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18 | 18 | | Date Introduced: March 07, 2025 |
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19 | 19 | | Referred To: Senate Health & Human Services |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. The general assembly makes the following findings of fact: 1 |
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24 | 24 | | (1) The Medicare Savings Programs (MSP) pay the monthly Medicare premium 2 |
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25 | 25 | | ($185/month in 2025) for eligible seniors and people with disabilities, increasing economic security 3 |
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26 | 26 | | for those enrolled. 4 |
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27 | 27 | | (2) The Medicare Savings Programs also pay Medicare cost-sharing (deductibles, 5 |
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28 | 28 | | coinsurance and co-payments) for the lowest income enrollees, increasing access to care. 6 |
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29 | 29 | | (3) The federal government sets minimum income and resource eligibility for the Medicare 7 |
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30 | 30 | | Savings Programs. 8 |
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31 | 31 | | (4) States are permitted to increase the income and resource standards; however, the 9 |
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32 | 32 | | percentage increase in eligibility for higher income MSP enrollees must not be higher than the 10 |
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33 | 33 | | percentage increase for lower-income enrollees. 11 |
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34 | 34 | | (5) The federal government pays the full cost for higher-income MSP enrollees and over 12 |
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35 | 35 | | half the cost for lower-income MSP enrollees. 13 |
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36 | 36 | | (6) Individuals enrolled in MSP are automatically enrolled in the federally funded Part D 14 |
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37 | 37 | | Low-Income Subsidy (Extra Help) program which helps pay prescription drug costs with average 15 |
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38 | 38 | | savings for enrollees of five thousand three hundred dollars ($5,300) per year. 16 |
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39 | 39 | | SECTION 2. Title 40 of the General Laws entitled "HUMAN SERVICES" is hereby 17 |
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40 | 40 | | amended by adding thereto the following chapter: 18 |
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41 | 41 | | CHAPTER 8.16 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC001222 - Page 2 of 5 |
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45 | 45 | | MEDICARE SAVINGS PROGRAMS 1 |
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46 | 46 | | 40-8.16-1. Short Title. 2 |
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47 | 47 | | This chapter shall be known and may be cited as the “Medicare Savings Programs”. 3 |
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48 | 48 | | 40-8.16-2. Purpose. 4 |
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49 | 49 | | The Medicare savings programs, established in the Social Security Act, (42 U.S.C. 1396a), 5 |
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50 | 50 | | §§ 1902(a)(10), 1905(p) and 1933, pay the monthly Medicare Part B premium for enrollees and 6 |
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51 | 51 | | provide certain enrollees with help paying for out-of-pocket costs. For individuals who are disabled 7 |
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52 | 52 | | and working, the program pays the Part A premium only. The programs are designed to improve 8 |
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53 | 53 | | access to necessary medical services and to address financial insecurity of low-income Medicare 9 |
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54 | 54 | | enrollees: people age sixty-five (65) and older and people with severe disabilities. States are 10 |
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55 | 55 | | allowed to set income and asset limits for the Medicare savings programs that exceed the federally 11 |
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56 | 56 | | mandated minimum levels. The federal government pays all or some of the costs for those enrolled 12 |
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57 | 57 | | in the Medicare savings programs. The federally-mandated minimum eligibility is too low to 13 |
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58 | 58 | | adequately address the needs of thousands of needy Rhode Islanders age sixty-five (65) and older 14 |
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59 | 59 | | and people with severe disabilities. It is the intent of the general assembly to increase eligibility 15 |
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60 | 60 | | for the Medicare savings programs consistent with federal law and as long as federal cost-sharing 16 |
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61 | 61 | | is provided. 17 |
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62 | 62 | | 40-8.16-3. Definitions. 18 |
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63 | 63 | | As used in this chapter: 19 |
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64 | 64 | | (1) "Income” means the income of the family unit of an individual as determined by the 20 |
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65 | 65 | | income-counting rules used for determining eligibility for federal Supplemental Security Income 21 |
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66 | 66 | | benefits under title XVI of the Social Security Act, 42 U.S.C. 1396a. 22 |
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67 | 67 | | (2) “Medicare Part A” means the program established under Part A of title XVIII of the 23 |
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68 | 68 | | Social Security Act. 24 |
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69 | 69 | | (3) “Medicare Part B” means the program established under Part B of title XVIII of the 25 |
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70 | 70 | | Social Security Act. 26 |
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71 | 71 | | (4) “Medicare savings programs” and “Medicare premium payment programs” mean, 27 |
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72 | 72 | | collectively, the state-administered programs described in § 40-8.16-4. 28 |
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73 | 73 | | (5) “Qualified disabled and working individual” means an individual who is not otherwise 29 |
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74 | 74 | | eligible for medical assistance; who is entitled to enroll in hospital insurance benefits under section 30 |
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75 | 75 | | 1818A of Title VIII of the Social Security Act; whose income does not exceed two hundred percent 31 |
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76 | 76 | | (200%) of the federal poverty line applicable to the person’s family size; and whose resources do 32 |
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77 | 77 | | not exceed twice the maximum amount that an individual (or a couple, in the case of a married 33 |
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78 | 78 | | individual) may have and obtain federal supplemental security income benefits under title XVI of 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC001222 - Page 3 of 5 |
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82 | 82 | | the Social Security Act. 1 |
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83 | 83 | | (6) “Qualified individual” means an individual who is not otherwise enrolled in medical 2 |
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84 | 84 | | assistance and who is entitled to hospital insurance benefits under part A of title XVIII of the Social 3 |
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85 | 85 | | Security Act whose income is greater than one hundred thirty-eight percent (138%) but less than 4 |
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86 | 86 | | or equal to one hundred eighty-six percent (186%) of the federal poverty line applicable to the 5 |
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87 | 87 | | person’s family size. Insofar as federal financial participation is available, an individual’s resources 6 |
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88 | 88 | | shall not be considered in determining whether an individual is a qualified individual. 7 |
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89 | 89 | | (7) “Qualified Medicare beneficiary” means an individual who is entitled to hospital 8 |
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90 | 90 | | insurance benefits under part A of title XVIII of the Social Security Act whose income does not 9 |
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91 | 91 | | exceed one hundred thirty-eight percent (138%) of the federal poverty line applicable to the 10 |
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92 | 92 | | person’s family size. Insofar as federal financial participation is available, an individual’s resources 11 |
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93 | 93 | | shall not be considered in determining whether an individual is a qualified Medicare beneficiary. 12 |
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94 | 94 | | (8) “Resources” means the resources of the family unit of an individual as determined by 13 |
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95 | 95 | | the resource-counting rules used for determining eligibility for federal Supplemental Security 14 |
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96 | 96 | | Income benefits under title XVI of the Social Security Act. Insofar as federal financial participation 15 |
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97 | 97 | | is available, resources shall not be considered in determining an individual’s status as a qualified 16 |
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98 | 98 | | Medicare beneficiary or qualified individual. 17 |
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99 | 99 | | (9) “Secretary” means the secretary of the executive office of health and human services. 18 |
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100 | 100 | | 40-8.16-4. Payments. 19 |
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101 | 101 | | (a) The state shall provide for enrollment in Medicare Part B, and shall make payments for 20 |
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102 | 102 | | the Medicare Part B premium and any Medicare Part A premium, as well as for other Medicare 21 |
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103 | 103 | | cost-sharing including co-insurance and deductibles, for any individual who is a qualified Medicare 22 |
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104 | 104 | | beneficiary. 23 |
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105 | 105 | | (b)(1) To the extent that federal financial participation is available at a one hundred percent 24 |
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106 | 106 | | (100%) federal medical assistance percentage and subject to §§ 1933 and 1902(a)(10)(E)(iv) of the 25 |
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107 | 107 | | Social Security Act, the state shall provide for enrollment in Medicare Part B, and shall make 26 |
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108 | 108 | | payments for the Medicare Part B premium, for any individual who is a qualified individual. 27 |
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109 | 109 | | (2) Premium payments for qualified individuals will be one hundred percent (100%) 28 |
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110 | 110 | | federally funded up to the amount of the federal allotment. The secretary of health and human 29 |
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111 | 111 | | services shall discontinue enrollment into the program when the Part B premium payments made 30 |
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112 | 112 | | pursuant to subsection (b)(1) of this section meet the yearly federal allotment. 31 |
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113 | 113 | | (c) The state shall make payment for the Medicare Part A premium for any individual who 32 |
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114 | 114 | | is a qualified disabled and working individual. 33 |
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115 | 115 | | 40-8.16-5. Application process and outreach. 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC001222 - Page 4 of 5 |
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119 | 119 | | The secretary shall ensure that an individual’s data in an application for the Low-Income 1 |
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120 | 120 | | Subsidy (LIS) program that is transmitted by the Social Security Administration to the executive 2 |
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121 | 121 | | office of health and human services is used to begin the process of application for said individual’s 3 |
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122 | 122 | | eligibility as a qualified Medicare beneficiary or qualified individual. The secretary shall maintain 4 |
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123 | 123 | | a simplified application form, consistent with federal law for enrollment into these programs, for 5 |
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124 | 124 | | application by individuals whose application is not started by transmission of LIS information from 6 |
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125 | 125 | | the Social Security Administration. The secretary shall publicize the availability of the Medicare 7 |
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126 | 126 | | savings programs. 8 |
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127 | 127 | | 40-8.16-6. Federal approval and implementation. 9 |
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128 | 128 | | The secretary shall submit any necessary amendments to the Medicaid state plan or the 10 |
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129 | 129 | | 1115 waiver to implement the provisions of this section. 11 |
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130 | 130 | | 40-8.16-7. Rules and regulations. 12 |
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131 | 131 | | The secretary shall make and promulgate rules and regulations not inconsistent with state 13 |
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132 | 132 | | law, pursuant to chapter 35 of title 42 ("administrative procedures") as the secretary deems 14 |
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133 | 133 | | necessary for the proper administration of this chapter and to implement the policy and purposes 15 |
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134 | 134 | | thereof, and to ensure conformance to the provisions of the Social Security Act, 42 U.S.C. § 1396 16 |
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135 | 135 | | et seq., and to any rules or regulations promulgated pursuant thereto. 17 |
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136 | 136 | | SECTION 3. This act shall take effect upon passage. 18 |
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137 | 137 | | ======== |
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138 | 138 | | LC001222 |
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139 | 139 | | ======== |
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140 | 140 | | |
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141 | 141 | | |
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142 | 142 | | LC001222 - Page 5 of 5 |
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143 | 143 | | EXPLANATION |
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144 | 144 | | BY THE LEGISLATIVE COUNCIL |
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145 | 145 | | OF |
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146 | 146 | | A N A C T |
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147 | 147 | | RELATING TO HUMAN SERVICES -- MEDICARE SAVINGS PROGRAMS |
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148 | 148 | | *** |
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149 | 149 | | This act would expand eligibility for the qualified Medicare beneficiary program by 1 |
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150 | 150 | | increasing the income limit from one hundred percent (100%) to one hundred thirty eight percent 2 |
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151 | 151 | | (138%) of the federal poverty line and expand eligibility for the qualified individual program by 3 |
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152 | 152 | | establishing an income limit of one hundred thirty eight percent (138%) to one hundred eight six 4 |
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153 | 153 | | percent (186%) of the federal poverty line. There would be no asset limit applied to eligibility for 5 |
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154 | 154 | | these programs. 6 |
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155 | 155 | | This act would take effect upon passage. 7 |
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156 | 156 | | ======== |
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157 | 157 | | LC001222 |
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159 | 159 | | |
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