Bill
Number: S.B. 1527
Peshlakai
Floor Amendment #2
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
In
2015, the Arizona State Legislature passed SB 1092 that required the AHCCCS to
annually request from the Center for Medicare and Medicaid Services (CMS) a
waiver to the Section 1115 Waiver to allow Arizona to implement employment
requirements and a 5-year lifetime limit for "able-bodied adults"
receiving Medicaid services
The Peshlakai amendment does the following:
1.
Exempts
a member who is served by the Indian Health Service or a Tribal or Urban Indian
Health Program from the employment and life time limit requirements.
2.
States
that American Indians enrolled in Medicaid in Arizona are exempt from any cost
sharing requirements.
3.
Exempts
a person under age 26 and who was in tribal foster care when the person became
age 18 from the lifetime limit requirements.
Page
1, between lines 29 and 30, insert:
"Sec. 3. Section
36-2903.09, Arizona Revised Statutes, is amended to read:
START_STATUTE36-2903.09. Waivers;
annual submittal; definitions
A. On
or before March 30 of each year, the director shall apply to the centers for
medicare and medicaid services for waivers or amendments to the current section
1115 waiver to allow this state to:
1. Institute
a work requirement for all able‑bodied adults receiving services pursuant
to this article. The work requirement shall:
(a) Require
an eligible person to either:
(i) Become
employed.
(ii) Actively
seek employment, which would be verified by the department.
(iii) Attend
school or a job training program, or both, at least twenty hours per week.
(b) Require
an eligible person to verify on a monthly basis compliance with requirements of
subdivision (a) of this paragraph and any change in family income.
(c) Require
the administration to confirm an eligible person's change in family income as
reported under subdivision (b) of this paragraph and redetermine the person's
eligibility under this article.
(d) Allow
the administration to ban an eligible person from enrollment for one year if
the eligible person knowingly failed to report a change in family income or
made a false statement regarding compliance with the requirements of
subdivision (a) of this paragraph.
(e) Allow
for an exemption if a person meets any of the following conditions:
(i) Is
at least nineteen years of age but is still attending high school as a full‑time
student.
(ii) Is
the sole caregiver of a family member who is under six years of age.
(iii) Is
currently receiving temporary or permanent long‑term disability benefits
from a private insurer or from the government.
(iv) Has
been determined to be physically or mentally unfit for employment by a health
care professional in accordance with rules adopted by the administration.
(v) Is
served by the Indian health service or a tribal or urban Indian health program
pursuant to the Indian self‑determination and education assistance act (P.L.
93‑638; 25 United States Code sections 5301 through 5423) and the Indian
health care improvement act (P.L. 94‑437; 25 United States Code sections
1601 through 1680v).
2. Place
on able‑bodied adults a lifetime limit of five years of benefits under this
article that begins on the effective date of the waiver or amendment to the
current section 1115 waiver and does not include any previous time a person
received benefits under this article. The lifetime limit under this paragraph
does not include any time during which the person meets any of the following
conditions:
(a) Is
pregnant.
(b) Is
the sole caregiver of a family member who is under six years of age.
(c) Is
currently receiving temporary or permanent long‑term disability benefits
from a private insurer or from the government.
(d) Is
at least nineteen years of age but is still attending high school as a full‑time
student.
(e) Is
employed full time but continues to meet the income eligibility requirements
under this article.
(f) Is
enrolled before reaching nineteen years of age.
(g) Is
an eligible person as defined in section 36‑2901, paragraph 6,
subdivision (a), item (iii).
(h) Is under twenty‑six years of age and was in tribal foster care
when the person became eighteen years of age.
(i) Is served by the Indian health service or a tribal or urban Indian
health program pursuant to the Indian self‑determination and education
assistance act (P.L. 93‑638; 25 United States Code sections 5301 through
5423) and the Indian health care improvement act (P.L. 94‑437; 25 United
States Code sections 1601 through 1680v).
3. Develop
and impose meaningful cost-sharing requirements to deter both:
(a) The
nonemergency use of emergency departments.
(b) The
use of ambulance services for nonemergency transportation or when it is not
medically necessary.
B. American Indians
enrolled in medicaid in this state are exempt from any cost‑sharing
requirements approved under this section pursuant to the American recovery and
reinvestment act of 2009 (P.L. 111‑5).
B. C. In any year, the
director shall apply under subsection A of this section for only the waivers or
amendments to the current section 1115 waiver that have not been approved and
are not in effect.
C. D. On or before April 1
of each year, the director shall submit a letter confirming the submission of
the waiver requests required under subsection A of this section to the
governor, the president of the senate and the speaker of the house of
representatives.
D. E. For the purposes of
this section:
1. "Able‑bodied"
means an individual who is physically and mentally capable of working.
2. "Adult"
means an individual who is at least nineteen years of age.END_STATUTE"
Renumber to conform
Amend title to conform