Overview of MBI for Working Individuals
with Disabilities
Since the enactment of legislation creating state Medicaid plan options that allow working individuals with disabilities to purchase Medicaid-financed services and supports (i.e., the “Balanced Budget Act of 1997” (BBA) and the “Ticket to Work and Work Incentives Improvement Act of 1999” (Ticket Act), approximately, 24 states, as of July 1, 2002, are operating a Medicaid Buy-In for Employed Persons with Disabilities (MA-EPD) optional benefit coverage.
Historically, persons with disabilities have relied upon two
Social Security programs for assistance in meeting their day-to-day needs. An estimated 3.8 million adults receive
benefits on the basis of disability the Supplemental Security Income (SSI)
program and more than 4.9 million receive life-s
SSDI, Title II of the Social Security Act, provides monthly cash benefits to severely disabled workers. Benefits are based on work history and the average benefit payment is about $756 a month. After a two-year waiting period, these individuals also become eligible for Medicare Part A (hospital insurance) without paying a premium. They are also eligible for Medicare Part B, the medical insurance component of the program for a premium.
SSI, established in 1972 as Title XVI of the Social Security Act, is a means tested cash assistance program for persons with disabilities, severe visual impairments, or of advanced age. The average federally administered SSI payment is $379. Payments vary by age group, ranging from an average of $463 for those under 18 to $303 for those age 65 and over. States also may provide monthly supplements to help persons not fully covered by federal SSI payments. States determine whether they will make a payment, to whom, and in what amount.
For both of these critical cash benefits programs, the
corner stone of eligibility is a determination of disability based on the
“substantial gainful activity” (SGA) standard.
That is, disability for SSI and SSDI is defined as the inability to
engage in SGA for more than twelve months.
SGA currently is defined as earnings of more than $740 per month or
more. Once a SSI or SSDI beneficiary
earns above this level, an array of mechanisms aimed at eliminating or reducing
cash benefits are activated. Also
jeopardized with the loss of SSI or SSDI is the elimination of access to
publicly funded health care coverage which often is keyed to receipt of cash
benefits. Th
SSI beneficiaries have enjoyed some shelter under Sections
1619(a) and 1619(b) of the Social Security Act.
The first of these “work incentive” provisions, Section 1619(a), allows
workers with disabilities receiving SSI to increase their income above SGA and
retain SSI cash payments. SSI payments
gradually decrease consistent with increases in earned income. Ultimately, the
SSI benefit reaches zero and Medicaid coverage is lost unless the individual is
found eligible for the Section 1619(b) provision. Under Section 1619(b), even after the cash
benefit payment has been eliminated by earned income, access to Medicaid can
continue to be provided these individuals who: a) meet all SSI eligibility
criteria except for earnings (i.e., a serio
In regards to the later, access to Medicaid for SSI beneficiaries participating in 1619(b) is not boundless; states have income ceilings for their 1619(b) populations. However, the 1619(a) and (b) income limits are made more flexible by deducting the cost of certain impairment-related items and services that a working individual with a disability needs to work from gross earnings once SSA has established that countable earnings demonstrate performance of Substantial Gainful Activity (SGA). SSI beneficiaries also may save for items related to vocational goals and employment outcome under “Plans for Achieving Self-Sufficiency (PASS).
Unlike SSI beneficiaries, SSDI beneficiaries do not have available to them the graded protections offered by Sections 1619 (a) and (b). Instead SSDI beneficiaries have:
Ø A “trial work period” of nine months during which a person may work and continue to receive cash benefits from SSA; and
Ø
An “extended eligibility period” of 36 months
during which a person may work and, if necessary, return to their SSDI stat
Once this benefit it lost, these individuals lose access to publicly financed health care coverage under the Medicare program. To learn more about SSI and SSDI work incentives as well as Medicare coverage for working individuals with disabilities, go to SSA’s Web site at www.ssa.gov/work.
In the late 1990’s, Congress crafted state Medicaid plan
options for Medical Assistance for Employed Persons with Disabilities (MA-EPD)
programs under the “Balanced Budget Act of 1997 (BBA; P.L. 105-33)” and the
“Ticket to Work and Work Incentives Improvement Act of 1999 (Ticket Act; P.L.
106-170) to offering a new mechanism for persons with disabilities, SSI and
SSDI beneficiaries to work, increase their earned income, and maintain health
care coverage that they otherwise would not be able to access and/or
afford. The primary target populations
include: a) SSDI beneficiaries who cannot utilize Section 1619(a) and (b)
protections ; b) persons receiving SSI who have or could exceed the
state-established income limits or resource limits under Section 1619(b); and
c) individuals with disabilities who have been working but have never, or are
not currently, receiving Social Security benefits and/or on Medicaid
roles. In addition to the MA-EPD
options, the Ticket Act also made significant changes to Medicare access for
working individuals with disabilities (see disc
Buy-In Options. All three options, the one under BBA and two options under the Ticket Act (see below), allow states to develop a Medicaid eligibility category targeted to “working persons with disabilities who but for earnings in excess of the limit(s) established under a state plan would be considered to be receiving SSI.” The intent of the law is to increase employment opportunities for persons with disabilities by de-linking access to Medicaid-financed services from eligibility for cash assistance programs.
To date, based on a Summer 2001 state-by-state work
incentives survey conducted by the
The Options.
Twelve states (AK, CA, IA, ME, MS, NE, NM, SC, UT, VT and WI) are
“(XIII) who are in families whose income is less
than 250 percent of the income official poverty line (as defined by the Office
of Management and Budget, and revised annually in accordance with section
673(2) of the Omnib
These states may cover all working individuals who meet the SSI definition of disability who are earning up to 250 percent of the federal poverty level (FPL) and may impose a cost-sharing mechanism on a sliding fee scale basis. SSI resource and asset limits still apply. These states also may utilize a variety of income and resource disregards reduce a potential MAEPD enrollee’s earned income level to 250 percent of FPL.[2]
Fifteen states (AR, AZ[3], CO, CT, FL, IN, KS, MN, MO, NH, OK, PA, TX[4] and WA) have utilized the “Expanded Health Care” under Title II of the Ticket Act:
Basic Coverage Group. “(XV) who, but for earnings in excess of the limit established under section 1905(q)(2)(B), would be considered to be receiving supplemental security income, who is at least 16, but less than 65 years of age, and whose assets, resources, and earned or unearned income (or both) do not exceed such limitations (if any) as the state may establish;”
The Ticket Act also offers a second coverage option:
Medical Improvement Group.
“(XVI) who are employed individuals with a medically improved disability
described in section 1905(v)(1) and whose assets, resources, and earned or
unearned income (or both) do not exceed such limitations (if any) as the state
may establish, but only if the state provides medical assistance to individuals
described in subcla
Under this option, states may offer Medicaid coverage to
working individuals with a “severe medically determinable disability.” These are working individuals with
disabilities who beca
When the architects of the Ticket Act first drafted the
legislation, the conceptual framework was that the new law would “build on” the
Medicaid Buy-In option created under the BBA.
That is, BBA allowed states to establish a Medicaid Buy-In program for
“families whose income is less than 250 percent of the income official poverty
line,” states interested in utilizing this opportunity would enact BBA-based
legislation and, then, enact state legislation based on the still nascent
Ticket Act that contains much higher standards.
In fact, under the Ticket Act states need not have asset or resource
standards; the only requirements are that income is equal to or below 450
percent of poverty (as defined by the Internal Revenue Service (IRS)) in order
to receive federal matching funds for services and that (see disc
However, the statutory linkages between Ticket Act and the
BBA health care coverage expansion provisions ended up on the “cutting room
floor.” Th
States also may develop such programs under special Medicaid
waiver arrangements. The state of
Massach
BBA and TWWIIA Distinctions. While the intent and basic structure of BBA
and the Ticket Act are analogo
On the other hand, the Ticket Act contains no income standards, up to 450 percent, and no federally specified resource limits. States have broad discretion when setting financial rules for participation. Since BBA and the Ticket Act were not “built” one on to the other, states implementing the Ticket Act may go below the 250 percent limit set forth in BBA. For example, the state of Illinois’ Ticket Act-based MA-EPD activated with an income limit of 200 percent of the poverty limit with an eye towards increasing this amount in the out-years.
Conversely, some BBA states are considering much higher
income levels by either converting the
BBA program into a Ticket Act option or by applying the more liberal Section
1902(r)(2) income treatment rules.
Some experts argue that beca
BBA states also may go below 250 percent but, unlike the
Ticket Act states, may not go over that figure.
Additionally, BBA states m
Premiums and Cost-Sharing. Both statutes offer states the authority to require financial participation from MA-EPD consumers “set on a sliding scale based on income that the state may determine.” While the Ticket Act offers greater flexibility for states when establishing financial rules for participation in MA-EPD programs, some states have indicated that BBA provides more liberal rules for establishing premium and other cost sharing structures. BBA has no limits on how much a state may require a program participant to contribute.
Under the Ticket Act, however, states may require premiums or cost sharing set on a sliding scale based on income and charge 100 percent of the premium to individuals whose income exceeds 250 percent of the federal poverty level (FPL) provided that the premiums do not exceed 7.5 percent of the individual’s income. In these cases, states may subsidize premiums with unmatched state funds.
Most states have implemented a straight-forward premium
structure keyed to income. However, the
state of Oregon has both a premium and a cost share while the states of
Arkansas and New Mexico have a co-payment for acute health care services.[7] Both states have carved long term care
services out of the co-payment requirements.
Regardless of the cost-sharing method employed, CMS has been crystal
clear that any such arrangement m
To date, fewer MA-EPD program participants nationwide are
paying a premium than are not paying a
premium or other cost share. In
Nebraska, out of 120 participants only eight are paying a premium and in Oregon
out of approximately 500 participants only 177-pl
The Question of “Employed.” An additional key requirement for both the BBA and the Ticket Act MA-EPD programs are that the participants be “employed.” However, neither the BBA nor the “Basic Coverage” group of the Ticket Act offers a definition of the term, “employed.” The logical course, therefore, would be for states to define “employed” – most likely by earnings or hours worked building on some federal threshold or guidance. However, neither the BBA nor the Ticket Act “Basic Coverage” offer such a benchmark.
Furthermore, neither the SSI definition of “earned income” nor SSI earned income policy has minimum earnings or work hours described for the purposes of determining whether or not an individual is “employed.” Since states cannot be more restrictive than federal law allows, no entry level of earnings or hours worked can be established. Several states have indicated concern that individuals could become eligible for an MA-EPD program due solely to becoming nominally employed (e.g., earning a few dollars a month from parents for odd jobs or becoming minimally self-employed). Federal does not and state law cannot prohibit this practice.
However, such a strategy is directly at odds with the legislative intent to support the economic self-sufficiency of persons with disabilities. States can require proof of employment such as wages stubs showing FICA tax contribution, social security deductions, W2 forms, etc. The state of Minnesota, for example, requires that an individual receive earned income every 30 days.
The “Medical Improvement” group of the Ticket Act contains a definition of “employed:”
There are notable cases in which individuals currently in
the states Medically Needy categories or
who were previo
Maintenance of Effort (MOE). The Ticket Act also contains “maintenance of effort” requirements;” the BBA option does not. P.L. 106-170 contains the following requirement:
‘‘with respect
to amounts expended for medical assistance
provided to an
individual described in subcla
(XVI) of
section 1902(a)(10)(A)(ii) for a fiscal year unless the
State
demonstrates to the satisfaction of the Secretary that the
level of State
funds expended for such fiscal year for programs
to enable
working individuals with disabilities to work (other
than for such
medical assistance) is not less than the level ex-pended
for such
programs during the most recent State fiscal
year ending before the date of the enactment of this
paragraph.
A Final Distinction. A final important factor to consider when comparing the BBA option with the two options available to states under the Ticket Act is that access to the Ticket Act options is limited to working individuals with disabilities between the ages of 16 and 64. These age limits were inserted in eleventh hour negotiations with fiscally conservative members of the U.S. Senate concerned about cost. BBA 1997 contains no such age limits.
While the minimum age limit is not of major concern, the upper age limit presents some considerations. Several states have begun to consider what might befall individuals participating in a Ticket Act MA-EPD program who: a) have accumulated resources while in MA-EPD above the resource limits attached to the regular Medical Assistance program; and/or b) wish to continue working past the age of 64. State officials have concluded that MA-EPD participants in states with Ticket Act-based programs would have to disburse resources and assets accumulated above the limits set for participants in the regular Medical Assistance program. However, states may pursue the development of a special eligibility category within their regular Medical Assistance program that, as part of the eligibility criteria, disregards certain savings accounts that go beyond the regular resource limits. The state of Connecticut has such a state plan option. Individuals over age 64 also would either have to cease work activity or reduce their hours and/or wages in order to remain eligible for regular Medicaid.
States have considered several courses beca
Outlook. States
and advocates alike are enth
While MAEPD programs have received broad support, in
addition to the distinctions noted above, stakeholders also have paid careful
consideration to the costs associated with these new and innovative
programs. States have reported an array
of budgetary projections. Factors driving costs include whether the state
targeted enrollment to individuals who were previo
Another important consideration for states designing and/or
operating MAEPD programs is that neither the BBA nor the Ticket Act made
changes to standards governing receipt of SSDI cash benefits or other publicly-financed
benefit programs. Therefore, SSDI
beneficiaries now enjoy extended access to health care coverage) but not a
gradual reduction in cash benefits under available under Section 1619(a) for
SSI recipients. Th
A final
consideration for state official operating MAEPD programs is the inherent
contradiction in the disability determination process when determining that a
person meets the SSI disability standard while working. In general terms, disability determination
agencies or SSA are put in the odd situation with MAEPD programs of
CMS has available funds for states to finance MAEPD
development efforts; these funds are distributed as Medicaid Infrastructure
Grants. 38 states now are receiving
such MIG funds. The genesis of MAEPD
programs has forced often highly insular agencies, federal and state, serving
persons with disabilities to work more closely than in the past. It is this phenomenon that will likely lead
to further improvements in how government supports all persons with
disabilities.
[1] 2000 SSI Annual Report, dated May 30, 2001. Social Security Administration, Office of the Chief Actuary.
[2] Some examples include: a) standard SSI deductions (see SSA’s Redbook); and b) Section 1902(r)(2) more liberal treatment of income and resources options.
[3] The
state of Arizona operates its Medicaid program under the a
[4] The Texas Legislature passed a measure authorizing the executive branch to pursue an 1115 Waiver. This waiver would allow Texas to pilot TWWIIA in three counties. Texas will not implement TWWIIA statewide at this time.
[5] For more information on Medicare coverage, go to http://www.medicare.gov/basics/overview.asp. For more information on Medicare coverage for persons with disabilities, go to http://www.ssa.gov/work/ResourcesToolkit/Health/medicare2.html.
[6] CMS,
formerly the Health Care Financing Administration, has issued two state
Medicaid directors’ letter illuminating treatment of “family” income under the
BBA option. The second transmittal
offers states a choice of not counting the income of co-habiting family
members, creating a “ho
[7] New Mexico MA-EPD participants will be enrolled in the state’s Medicaid Managed Care program called, “SALUD.” Recently, the state renewed and revised is contracts with participating Managed Care Organizations (MCOs) to include provisions aimed at enhancing MCO services for persons with disabilities. Several other states also will be enrolling MA-EPD participants in Managed Care arrangements. For more information, contact Mike Cheek at mcheek@apsha.org.
[8] A long standing argument for the MA-EPD program has been that with increased discretionary income, persons with disabilities could more fully participate in the local, state, and federal economy.