§ 15-138

(a) (1) In this section the following words have the meanings indicated.

(2) “EID Program” means the Employed Individuals with Disabilities Program operated under the Maryland Medical Assistance Program.

(3) “Independence account” means a financial account designated by a recipient of EID Program services:

(i) That consists of earned income of a recipient or funds from other sources deposited by or for the recipient;

(ii) For which there is an upper limit of the total amount of earned income received by the recipient in an enrollment year and deposited into the account; and

(iii) For which there are no restrictions under the EID Program on how funds may be expended by the recipient.

(b) The Department shall provide health care services for individuals under the EID Program in accordance with this section.

(c) The Department shall:

(1) Provide EID Program services to qualified applicants, including existing Program recipients, who are at least 16 years old;

(2) For initial applications to receive EID Program services, accept documents to verify income and resources that are dated up to 30 days before the date the application is received;

(3) Transition Program recipients who become eligible for the EID Program in a manner that is least disruptive to the recipient’s access to services;

(4) Ensure that the application process for the EID Program, to the extent authorized by the Centers for Medicare and Medicaid Services, provides maximum flexibility and plain language information for applicants, including:

(i) Instructions for completing the application;

(ii) A description of documents the applicant must enclose with the application; and

(iii) Notice to the applicant of approval or denial of an application; and

(5) Establish a premium contribution for EID Program services.

(d) Subject to subsection (e) of this section, the Department may adopt regulations that develop specific eligibility criteria for participation in the EID Program.

(e) The Department may not:

(1) Limit eligibility to receive EID Program services based on:

(i) The earned or unearned income of the applicant or the applicant’s spouse;

(ii) Any assets or resources of the applicant’s or recipient’s spouse that are not joint assets for a recipient;

(iii) Any retirement account assets or resources for an applicant or a recipient; or

(iv) Any assets or resources in an independence account established for a recipient of EID Program services; or

(2) Establish as a prerequisite for eligibility to receive EID Program services that an applicant apply for Social Security Disability Insurance benefits when the applicant does not receive the benefits and has earnings that are above the substantial gainful activity level established by the Social Security Administration.

(f) The Department shall:

(1) Meet with a State–based coalition of disability advocates twice a year to receive feedback on and discuss any needed changes to the EID Program; and

(2) Request feedback from the coalition before providing any information or materials on the EID Program to the public.

(g) The Department shall apply to the Centers for Medicare and Medicaid Services for any amendments to the State plan, waivers, or other federal approvals necessary to implement the requirements of this section.