BP BHEAD INT H [atlas:bill]

AN ACT Relating to eliminating employment barriers for individuals with disabilities; reenacting and amending RCW 74.09.510; adding a new section to chapter 74.09 RCW; adding a new section to chapter 43.20A RCW; creating new sections; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that individuals with disabilities face many barriers and disincentives to employment. Individuals with disabilities are often unable to obtain health insurance that provides the services and supports necessary to allow them to live independently and enter or rejoin the work force. In some cases, government policies and services create barriers to employment through disqualifying workers with disabilities from needed health care and support services. The legislature finds that there is a compelling public interest in eliminating barriers to work by creating financial incentives to work, by continuing needed health care coverage, and by providing individuals with disabilities real choice in obtaining the services and technology they need to find, enter, and maintain employment.

The legislature intends to strengthen the state's policy of supporting individuals with disabilities in leading fully productive lives by implementing the ticket to work and work incentives improvement act, public law H.R. 1180, that will foster higher levels of employment and economic self-sufficiency. This shall include improving incentives to work by continuing coverage for health care and support services, by seeking federal funding for innovative programs, and by exploring options which provide individuals with disabilities a choice in receiving services needed to obtain and maintain employment.

NEW SECTION. Sec. 2. A new section is added to chapter 74.09 RCW to read as follows:

(1) It is the intent of the legislature to remove barriers to employment for individuals with disabilities by providing medical assistance to the working disabled in accordance with federal law and eligibility requirements established by the department.

(2) The department shall establish income, resource, and cost-sharing requirements in accordance with federal law. In developing premium obligations and cost-sharing requirements under this act, the department must strongly consider that individuals receiving benefits under this act:

(a) Will be employed, and may be earning significant income. Premium obligations and cost-sharing requirements must be designed to reduce the public funding needed to subsidize the cost of coverage, but must not be set so high as to create substantial barriers to obtaining coverage under this act; and

(b) May have employer-sponsored health insurance coverage. The department must make every effort to maximize opportunities to coordinate benefits with employer-sponsored coverage available to individuals receiving benefits under this act.

Sec. 3. RCW 74.09.510 and 1997 c 58 s 201 and 1997 c 59 s 14 are each reenacted and amended to read as follows:

Medical assistance may be provided in accordance with eligibility requirements established by the department, as defined in the social security Title XIX state plan for mandatory categorically needy persons and: (1) Individuals who would be eligible for cash assistance except for their institutional status; (2) individuals who are under twenty-one years of age, and who ((~~would be eligible for temporary assistance for needy families, but do not qualify as dependent children and who~~)) are in (a) foster care, (b) subsidized adoption, (c) a nursing facility or an intermediate care facility for the mentally retarded, or (d) inpatient psychiatric facilities; (3) the aged, blind, and disabled who: (a) Receive only a state supplement, or (b) would not be eligible for cash assistance if they were not institutionalized; (4) categorically eligible individuals who meet the income and resource requirements of the cash assistance programs; (5) individuals who are enrolled in managed health care systems, who have otherwise lost eligibility for medical assistance, but who have not completed a current six-month enrollment in a managed health care system, and who are eligible for federal financial participation under Title XIX of the social security act; (6) children and pregnant women allowed by federal statute for whom funding is appropriated; (7) working individuals with disabilities authorized under section 1902(a)(10)(A)(ii) of the social security act for whom funding is appropriated; (8) other individuals eligible for medical services under RCW 74.09.035 and 74.09.700 for whom federal financial participation is available under Title XIX of the social security act; and ((~~(8)~~)) (9) persons allowed by section 1931 of the social security act for whom funding is appropriated.

NEW SECTION. Sec. 4. A new section is added to chapter 43.20A RCW to read as follows:

The department shall:

(1) Work with interested public and private entities to determine the feasibility of seeking designation as one or more employment networks within the state to serve social security administration recipients with disabilities who are issued a ticket to work under the provisions of the ticket to work and work incentives improvement act;

(2) Explore the feasibility of federal grants available to assist in the development of infrastructure to assist persons with disabilities seek, gain, and maintain employment; and

(3) Determine the feasibility of applying for a demonstration grant to provide medicaid benefits for individuals with potentially severe disabilities under the ticket to work and work incentives improvement act, as an incentive to obtain or keep employment in lieu of general assistance cash benefits.

NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 6. This act takes effect October 1, 2000.