Act No. 132 (S.89). Human services; Medicaid; Medicaid for Working Persons with Disabilities; organ and tissue donation

An act relating to organ and tissue donation and Medicaid for Working Persons with Disabilities

This act directs the agency of human services to analyze the costs or savings associated with:

· Paying the Medicare Part B premium for people enrolled in the Medicaid for Working Persons with Disabilities program (MWPD)

· Increasing or eliminating the income limits, asset limits, or both for eligibility for MWPD

· Disregarding spousal income, spousal assets, or both when determining eligibility for MWPD

· Disregarding the income of a spouse on MWPD when determining the other spouse's Medicaid eligibility

· Allowing a person on MWPD immediately before hospitalization or temporary unemployment to maintain MWPD eligibility while hospitalized or unemployed for up to 90 days

· Allowing an individual's enrollment in MWPD to establish his or her eligibility for developmental disability services

· Using benefits counselors to increase public awareness of MWPD and other work incentives for individuals with disabilities

The act requires the secretary of human services to report the results of the analysis to the committees of jurisdiction by January 15, 2013, along with recommendations about whether and how to pursue any of the options. If supported by the analysis, the act requires the secretary to disregard the income of a spouse on MWPD when determining the other spouse's Medicaid eligibility and to deem an individual's enrollment in MWPD as establishing his or her financial eligibility for developmental disability services, provided that the individual meets the clinical eligibility and funding priority criteria. The act directs the secretary to implement these changes in a timely manner to ensure that they will be in place as soon as practicable when the new Medicaid eligibility and enrollment system becomes operational.

The act directs the commissioner of health to undertake such actions as he or she believes are necessary and appropriate to coordinate the efforts of public and private entities involved with organ and tissue donation and transplantation in Vermont and to increase donation rates. It requires the commissioner to report to the committees of jurisdiction by January 15, 2013 regarding the actions taken and any additional efforts that the commissioner would recommend but that require legislation.

The act creates an organ and tissue donation working group to make recommendations to the governor and the general assembly relating to organ and tissue donations. It requires the working group to report its findings and recommendations, including a recommendation about whether the department of health should establish an ongoing advisory council on organ and tissue donation, to the committees of jurisdiction and to the governor by January 15, 2013.

Effective Date: May 11, 2012