SENATE BILL 97147
BY SENATORS Linkhart, Hopper, Bishop, Pascoe, and Rupert;
also REPRESENTATIVES Owen, G. Berry, and Chavez.
CONCERNING THE COLORADANS WITH DISABILITIES WORK
INCENTIVE PROGRAM.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
5 of article 4 of title 26, Colorado Revised Statutes, 1989 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
264511.3. Disabled work
incentive program repeal. (1) THE
GENERAL ASSEMBLY HEREBY FINDS THAT SOME PERSONS WITH DISABILITIES
WHO COULD WORK DO NOT WORK BECAUSE OF THE FEAR OF THE LOSS OF
MEDICAL INSURANCE OR ASSISTANCE. FOLLOWING THE ENACTMENT OF THE
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990" AND
BREAKTHROUGHS IN MEDICAL SUPPORT AND WORKPLACE TECHNOLOGIES, MANY
DISABILITIES THAT PREVIOUSLY PREVENTED PERSONS FROM WORKING MAY
NOW BE ACCOMMODATED. HOWEVER, MANY EMPLOYERS OFFER NO HEALTH INSURANCE
COVERAGE, OFFER COVERAGE BENEFITS THAT ARE LESS COMPREHENSIVE
THAN THOSE PROVIDED UNDER THE "COLORADO MEDICAL ASSISTANCE
ACT", OR AVOID HIRING PERSONS WITH DISABILITIES FOR FEAR
OF INCREASING HEALTH INSURANCE PREMIUMS FOR OTHER PERSONS IN THE
EMPLOYEE GROUP. THE GENERAL ASSEMBLY FINDS THAT IT WOULD BENEFIT
THE CITIZENS OF THE STATE TO REMOVE LEGISLATIVE DISINCENTIVES
TO WORK BY ASSURING PERSONS WITH DISABILITIES THAT MEDICAL ASSISTANCE
WILL BE AVAILABLE FOR THEM AT A REASONABLE COST EVEN IF THEY GO
TO WORK.
(2) FOR PURPOSES OF THIS SECTION, UNLESS
THE CONTEXT OTHERWISE REQUIRES, "ELIGIBLE PERSON WITH A DISABILITY"
MEANS A PERSON:
(a) WHOSE DISABILITY IS PERMANENT IN NATURE;
(b) WHO IS CURRENTLY RECEIVING SUPPLEMENTAL
SECURITY INCOME AND MEDICAID OR SOCIAL SECURITY DISABILITY INCOME
AND MEDICAID; AND
(c) WHO IS UNEMPLOYED.
(3) SUBJECT TO THE RECEIPT OF WAIVERS
FROM THE FEDERAL GOVERNMENT, THERE IS HEREBY ESTABLISHED IN THE
STATE DEPARTMENT A PILOT PROGRAM, REFERRED TO IN THIS SECTION
AS THE "PROGRAM". THE PROGRAM SHALL ASSURE THAT AN ELIGIBLE
PERSON WITH A DISABILITY WHO BECOMES EMPLOYED CONTINUES TO BE
ELIGIBLE FOR MEDICAID COVERAGE EVEN IF THE PERSON'S INCOME OR
ASSETS EXCEED THE LIMITS OTHERWISE ESTABLISHED UNDER THIS ARTICLE.
THE PROGRAM MAY PROVIDE THAT THE ELIGIBLE PERSON WITH A DISABILITY
OR THE PERSON'S EMPLOYER IS RESPONSIBLE FOR THE PAYMENT OF ALL
OR A PORTION OF THE PREMIUMS OR CHARGES FOR MEDICAID COVERAGE
DEPENDING ON THE INCOME LEVEL AND RESOURCES OF THE ELIGIBLE PERSON
WITH A DISABILITY. IN ADDITION, THE PROGRAM SHALL REQUIRE AN ELIGIBLE
PERSON WITH A DISABILITY TO PURCHASE THE MEDICAID BENEFIT PACKAGE
AS A WRAPAROUND TO THE PERSON'S PRIVATE HEALTH INSURANCE
COVERAGE. THE PROGRAM SHALL BE LIMITED TO ONE HUNDRED FIFTY ELIGIBLE
PERSONS WITH DISABILITIES. THE STATE DEPARTMENT SHALL REQUEST
ALL NECESSARY WAIVERS FROM THE FEDERAL GOVERNMENT FOR THE PROGRAM
TO QUALIFY FOR FEDERAL FINANCIAL PARTICIPATION.
(4) ALL ELIGIBLE PERSONS WITH DISABILITIES
WHO PARTICIPATE IN THE PROGRAM SHALL MAINTAIN THEIR MEDICAID ELIGIBILITY
EVEN IF THE PROGRAM IS TERMINATED SO LONG AS:
(a) A MEDICAID PROGRAM CONTINUES IN THE
STATE; AND
(b) THE ELIGIBLE PERSON WITH A DISABILITY
CONTINUES TO MEET THE ELIGIBILITY AND PARTICIPATION REQUIREMENTS
OF THE PROGRAM AS THEY EXISTED IMMEDIATELY PRIOR TO TERMINATION
OF THE PROGRAM.
(5) THE MEDICAL SERVICES BOARD SHALL ADOPT
RULES TO IMPLEMENT THE PROGRAM CONSISTENT WITH WAIVERS RECEIVED
FROM THE FEDERAL GOVERNMENT THAT SHALL INCLUDE BUT NEED NOT BE
LIMITED TO:
(a) THE AMOUNT OF PREMIUMS OR OTHER CHARGES
TO BE COLLECTED FROM AN ELIGIBLE PERSON WITH A DISABILITY OR THE
PERSON'S EMPLOYER; AND
(b) A SLIDING SCALE OF FEES STIPULATING
THE PORTION OF THE MONTHLY INCOME OR TOTAL RESOURCES AN ELIGIBLE
PERSON WITH A DISABILITY SHALL SPEND ON MEDICAL ASSISTANCE.
(6) THE STATE DEPARTMENT, IN COOPERATION
WITH THE VOCATIONAL REHABILITATION PROGRAM IN THE DEPARTMENT OF
HUMAN SERVICES, SHALL STUDY THE COSTEFFECTIVENESS OF THE
PROGRAM. THE STATE DEPARTMENT IS AUTHORIZED TO SEEK AND ACCEPT
GIFTS, GRANTS, AND DONATIONS FROM ANY PRIVATE ENTITY TO IMPLEMENT
THE PROGRAM AND STUDY THE COSTEFFECTIVENESS OF THE PROGRAM.
THE MONEYS COLLECTED SHALL BE TRANSMITTED TO THE STATE TREASURER
WHO SHALL CREDIT THE SAME TO THE DISABLED WORK INCENTIVE FUND,
WHICH FUND IS HEREBY CREATED. THE MONEYS IN THE FUND SHALL BE
AVAILABLE TO THE STATE DEPARTMENT WITHOUT THE NEED FOR APPROPRIATION
BY THE GENERAL ASSEMBLY IN AMOUNTS NOT TO EXCEED THE FUND BALANCE
FOR THE SOLE PURPOSE OF IMPLEMENTING AND STUDYING THE EFFECTS
OF THE PROGRAM. ANY MONEYS REMAINING IN THE FUND AT THE END OF
ANY FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT BE CREDITED
OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND. ANY MONEYS
REMAINING IN THE FUND AFTER THE PROGRAM HAS BEEN TERMINATED SHALL
REVERT TO THE GENERAL FUND.
(7) NO LATER THAN OCTOBER 1, 2000, THE
STATE DEPARTMENT SHALL SUBMIT TO THE JOINT BUDGET COMMITTEE OF
THE GENERAL ASSEMBLY A REPORT ON THE RESULTS OF THE PROGRAM AND
MAKE A RECOMMENDATION CONCERNING ITS CONTINUANCE.
(8) THIS SECTION IS REPEALED, EFFECTIVE
JULY 1, 2001.
SECTION 2. 264301
(1), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
264301. Optional provisions
optional groups. (1) The
federal government allows the state to select optional groups
to receive medical assistance. Pursuant to federal law, any person
who is eligible for medical assistance under the optional groups
specified in this section shall receive both the mandatory services
specified in sections 264202 and 264203
and the optional services specified in sections 264302
and 264303. Subject to the availability of federal
financial aid funds, the following are the individuals or groups
which Colorado has selected as optional groups to receive medical
assistance pursuant to this article:
(k) (I) CERTAIN INDIVIDUALS WITH
PERMANENT DISABILITIES WHO ARE PARTICIPATING IN THE DISABLED WORK
INCENTIVE PROGRAM ESTABLISHED IN SECTION 264511.3.
(II) THIS PARAGRAPH (k) IS REPEALED, EFFECTIVE
JULY 1, 2001.
SECTION 3. Effective date.
This act shall take effect July 1, 1998; except that this act
shall not take effect unless moneys are appropriated to the department
of health care policy and financing for a disabled work incentive
program as specified in the annual general appropriations act
or in any other act making an appropriation for the fiscal year
beginning July 1, 1998.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO