CERTIFICATION OF ENROLLMENT
ENGROSSED HOUSE BILL 2230
Chapter 15, Laws of 2001
(partial veto)
57th Legislature
2001 Second Special Legislative Session
HEALTH BENEFITS--INCAPACITATED OR DISABLED PERSONS
EFFECTIVE DATE: 9/20/01
Passed by the House June 20, 2001 Yeas 83 Nays 0
FRANK CHOPP Speaker of the House of Representatives
CLYDE BALLARD Speaker of the House of Representatives
Passed by the Senate June 20, 2001 Yeas 39 Nays 0 |
CERTIFICATE
We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 2230 as passed by the House of Representatives and the Senate on the dates hereon set forth.
TIMOTHY A. MARTIN Chief Clerk
CYNTHIA ZEHNDER Chief Clerk |
BRAD OWEN President of the Senate |
|
Approved July 11, 2001, with the exception of section 4, which is vetoed. |
FILED
July 11, 2001 - 2:38 p.m. |
|
|
GARY F. LOCKE Governor of the State of Washington |
Secretary of State State of Washington |
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ENGROSSED HOUSE BILL 2230
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Passed Legislature - 2001 2nd Special Session
State of Washington 57th Legislature 2001 Regular Session
By Representatives Cody, Pflug, Linville, G. Chandler and Quall
Read first time 04/02/2001. Referred to Committee on Health Care.
AN ACT Relating to state health and employment support benefits for incapacitated or disabled individuals; reenacting and amending RCW 74.09.510; adding a new section to chapter 74.09 RCW; and creating new sections.
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. The legislature finds that there is a compelling public interest in eliminating barriers to work by continuing needed health care coverage for individuals with disabilities who enter and maintain employment.
The legislature intends to strengthen the state's policy of supporting individuals with disabilities in leading fully productive lives by supporting the implementation of the federal ticket to work and work incentives improvement act of 1999, Public Law 106-170. 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 through a buy-in program in accordance with section 1902(a)(10)(A)(ii) of the social security act and eligibility and cost-sharing requirements established by the department.
(2) The department shall establish income, resource, and cost-sharing requirements for the buy-in program in accordance with federal law and any conditions or limitations specified in the omnibus appropriations act. The department shall establish and modify eligibility and cost-sharing requirements in order to administer the program within available funds. The department shall make every effort to coordinate benefits with employer-sponsored coverage available to the working disabled receiving benefits under this chapter.
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, 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. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void.
*Sec. 4 was vetoed. See message at end of chapter.
Passed the House June 20, 2001.
Passed the Senate June 20, 2001.
Approved by the Governor July 11, 2001, with the exception of certain items that were vetoed.
Filed in Office of Secretary of State July 11, 2001.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to section 4, Engrossed House Bill No. 2230 entitled:
"AN ACT Relating to state health and employment support benefits for incapacitated or disabled individuals;"
Engrossed House Bill No. 2230 changes state law as necessary to comply with the federal Ticket to Work and Work Incentives Improvement Act of 1999. It will allow the Department of Social and Health Services to continue medical coverage for individuals with disabilities who go to work.
However, section 4 of the bill would have rendered the entire act null and void unless specific funding, referencing the act by bill or chapter number, was included in the omnibus appropriations act. The omnibus appropriations act contains the necessary funding, but without a specific reference to the bill. Without a veto of section 4, the bill would have been rendered null and void.
For these reasons, I have vetoed section 4 of Engrossed House Bill No. 2230.
With the exception of section 4, Engrossed House Bill No. 2230 is approved."