House of Representatives

HB 2245

AHCCCS; disabilities; eligibility

Sponsors: Representative Knaperek, Senator Solomon: Representative Allen, et al.

DPA	Committee on Health
DPA	Committee on Appropriations
X	Caucus and COW	This bill as introduced contains an Appropriation clause.
	As Passed the House

HB 2245 expands AHCCCS services to include a greater amount of people with disabilities.

History

In December 1999, a federal law entitled The Ticket to Work and Work Incentives Improvement Act [TWWIIA] was passed. The act expands a state’s options and funding for the Medicaid buy-in for workers with disabilities. The act permits states to expand limits on resources and income. The act also provides the opportunity for employed individuals with medically determinable impairments to buy into Medicaid even though they may no longer be eligible for SSDI [Social Security Disability Insurance] or SSI [Supplemental Security Income] disability benefits. With the Medicaid buy-in, states are authorized to require individuals to pay premiums based on an income sliding scale.

HB 2245 adds the TWWIIA definition of an eligible person to AHCCCS [Arizona Health Care Cost Containment System] statutes in the areas of Acute Care Service and ALTCS [Arizona Long-Term Care System] and further stipulates that the person meet specific income requirements to be eligible. In addition, the bill expands current law to include certain provisions of TWWIIA resulting in increased eligibility for the acute and long-term care systems. Finally, HB 2245 exempts AHCCCS from rule making requirements to implement this plan and appropriates $1,745,000 from the state general fund to AHCCCS over the next two years.

Provisions

Applicable to both Acute Care and Long-Term Care Systems

· Expands the definition of eligible person.

· Requires AHCCCS to apply for federal waiver by October 1, 2001 and stipulates that upon approval of the waiver, AHCCCS shall provide services to eligible persons.

· Sets the income requirements for a person’s adjusted income at no more than 400 per cent of the federal poverty level [FPL].

· Stipulates AHCCCS shall not include the person’s unearned income or the income of other family members [earned or unearned] to determine eligibility.

· Defines adjusted income.

· Mandates AHCCCS to adopt rules for collection of premiums.

· Stipulates that premiums for persons with adjusted incomes that do not exceed 250 per cent FPL may not exceed two per cent of the person’s adjusted income.

· Specifies that for persons with adjusted incomes between 250 and 400 per cent, the premium cannot exceed five per cent of the person’s adjusted income.

· Requires AHCCCS to develop and implement a process to determine eligibility.

· Allows AHCCCS to enter into an intergovernmental agreement with the Department of Economic Security, county, or counties or contract with participating health plans to conduct eligibility determinations.

Applicable to AHCCCS in general

· Exempts AHCCCS from the rule making requirements set forth in statute for one year from the effective date of this act for implementation.

· Requires AHCCCS shall hold at least two public hearings for comment on proposed rules and stipulates that the adopted rules be published.

· Appropriates $1,745,000 from the general fund to AHCCCS over the next two years [ FY 2001-2002=$831,000 and 2002-2003=$914,000] upon approval from the Federal Health Care Financing Administration.

· Exempts transferred monies from lapsing of appropriations.

HB 2245 was amended in the Health Committee as follows:

· Eliminates language pertaining to the federal waiver and sets the date of January 1, 2002 as the time for AHCCCS to begin providing services to eligible persons.

· Requires AHCCCS to develop and implement a process to determine Medically Improved Disabilities.

· Replaces developmental disability with disabilities.

· Makes technical and conforming changes.

HB 2245 was amended in the Appropriations Committee as follows:

· Removes the 400 per cent FPL cap for the income requirement of a person’s adjusted income and replaces it with 250 per cent FPL.

· Lowers the appropriation from $1,745,000 to $1,591,000.

· Requires AHCCCS to submit a report to the Legislature by December 31, 2001 and prescribes reporting requirements.

· Removes the provision which makes the appropriation non-lapsing.

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44th Legislature

Second Regular Session 3 February 21, 2001

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