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2018 SPECIAL SESSION I

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(HB5001)

AMENDMENT(S) REJECTED BY THE SENATE

1. SEN. NEWMAN

                                                                                                        Item 306 1s

         

    Health and Human Resources

      Department of Medical Assistance Services                             Language

       

    Language:

      Page 112, strike lines 9 through 30, and insert:

        “4.a.  Notwithstanding § 30-347, Code of Virginia, or any other provision of law, no later than 45 days upon the passage of House Bill 5001, the Department of Medical Assistance Services shall have the authority to begin the process of implementing a § 1115  demonstration project to transform the Medicaid program for newly eligible individuals pursuant to 42 U.S.C. § 1396d(y)(1)[2010] of the Patient Protection and Affordable Care Act and the existing Medicaid program.  No later than 150 days from the passage of House Bill 5001, DMAS shall submit the § 1115 demonstration waiver application to the Centers for Medicare and Medicaid Services (CMS) for approval.  If the department in collaboration with CMS determines that amending the Commonwealth’s existing § 1115 demonstration project will expedite implementation, the department shall have authority to amend the existing § 1115 demonstration  project.  Coverage for newly eligible individuals pursuant to 42 U.S.C. § 1396d(y)(1)[2010] of the Patient Protection and Affordable Care Act shall take effect within 30 days after CMS approval of the demonstration waiver or amendment to an existing § 1115 demonstration project, or as soon as practicable thereafter.  The department shall provide updates on the progress of the demonstration waiver application to the Chairmen of the House Appropriations and Senate Finance Committees, or their designees, upon request, and provide for participation in discussions with CMS staff.  The department shall respond to all requests for information from CMS on the demonstration waiver application in a timely manner.”

2. SEN. NEWMAN

                                                                                              Item 306 2s

    Health and Human Resources

      Department of Medical Assistance Services                             Language

       

    Language:

      Page 113, strike lines 30 through 55.

      Page 114, strike line 1 through 29, and insert:

         “(iv) a requirement that all newly eligible individuals in Medicaid pursuant to 42 U.S.C. § 1396d(y)(1)[2010] of the Patient Protection and Affordable Care Act and currently eligible Medicaid enrollees under the State Plan for Medical Assistance that is an able-bodied adult, aged 19 to 64, to engage in employment of at least 100 hours per month. The requirement for participation in employment shall not apply to: (1) individuals who qualify for medical assistance services due to disability; (2) pregnant women: (3) individuals determined to be medically frail or seriously mentally ill; (4) full-time students; (5) individuals who are the primary caregiver for a dependent, including a dependent child under the age of six or adult dependent with a disability; and (6) individuals who already meet the work requirements of the TANF or SNAP programs. Individuals shall have a three-month grace period from initial enrollment to meet the employment requirement or otherwise be dis-enrolled from the program. For the purpose of this provision, employment shall include job training; education-related to employment; and subsidized employment. The department may waive the requirement for participation in employment in areas of the Commonwealth with unemployment rates equal to or greater than 200 percent of the statewide average. If an individual’s coverage is terminated, then eligibility may be reestablished six months after disenrollment and only if the individual can demonstrate compliance with program requirements. The Department of Medical Assistance Services and the Department of Social Services shall work with the Virginia Employment Commission to utilize the data and capabilities of the agency, along with other available information, to monitor individuals subject to the employment requirement to ensure they are meeting it on a monthly basis. The department shall ensure at initial enrollment into Medicaid that every applicant meets or is exempt from the requirement in this paragraph. If the applicant meets the requirement at initial enrollment, then automated checks of wage data shall be utilized to ensure continued compliance. If automated verification does not indicate compliance then Department of Social Services shall contact the enrollee for verification through pay stubs or other legitimate proof that they meet requirement. Any enrollee at initial application not meeting the requirement shall have three months to comply or be disenrolled in coverage.”