Florida § 409.9041 - Working People with Disabilities program.

§ 409.9041. Working People with Disabilities program.

(1) As used in this section, the term “department” means the Department of Children and Families. (2) The Working People with Disabilities program is established within the agency. The purpose of the program is to eliminate barriers to employment by allowing certain working individuals with disabilities to maintain eligibility for Medicaid home and community-based services waiver programs while working and earning additional income. (3) A person is eligible for the program and must be automatically enrolled if he or she: (a) Has a developmental disability as defined in s. 393.063. (b) Is currently enrolled in a Medicaid home and community-based services waiver, including the home and community-based services Medicaid waiver program under s. 393.0662, the familial dysautonomia waiver authorized under s. 409.912(10), the long-term care managed care program under s. 409.978, the pilot program for individuals with developmental disabilities under s. 409.9855, or the Florida Medicaid Model Waiver. (c) Is at least 18 years of age. (d) Is employed and has earned income. (4) To maintain Medicaid eligibility, an enrollee in this program may not exceed a maximum monthly income of 550 percent of the Supplemental Security Income Federal Benefit Rate established by the Social Security Administration. The agency and the department must disregard assets up to $13,000 for an individual and up to $24,000 for a couple and exclude assets held in a retirement account recognized by the Internal Revenue Service from asset limits when determining eligibility for the Medicaid program. (5) The department shall provide written notice to eligible adults upon initial enrollment in a waiver described in paragraph (3)(b), and at least annually thereafter. The notice shall clearly and concisely communicate all of the following information: (a) Automatic enrollment in the program. (b) Eligibility and qualifications for the program. (c) The ability to maintain Medicaid benefits while earning income in the program. (d) The optional nature of participation in the program. (e) A brief overview of a special needs trust authorized by the federal Social Security Act and how it may assist with maintaining eligibility for benefits. (f) The name and contact information for the person or office within the department responsible for providing information regarding eligibility for or assistance with the program. (6) The agency shall identify Medicaid recipients who are enrolled in Supplemental Security Income and a Medicaid home and community-based services waiver listed in paragraph (3)(b) and share such information with the department as necessary to accomplish the purpose of this section.