SCS/HS/HB 612 - This act provides additional protections and services for persons with disabilities. New provisions under the federal Ticket to Work and Work Incentives Improvement Act of 1999 (TWWIIA) are implemented. It provides that medical assistance may be provided employed persons who:

1. Are considered disabled under supplemental security income definitions or have a medically improved disability under TWWIIA; 2. Meet specific asset limits; and 3. Have an annual income of 250 percent of the federal poverty level or less. Income does not include a spouse's income, up to $100,000 or a child's income. Persons with income of 150 percent or less will pay a premium.

In determining eligibility, certain assets are excluded. Eligibility will not be affected by the maintenance of an "independent living development account" held for specific purposes. Eligibility may be affected if an individual's employer offers a more cost-effective health care plan. The Department of Social Services, however, may pay premiums and other charges for the individual and provide medical assistance as a supplemental policy. Specific premium amounts are provided, based on an individual's income. (Section 208.146)

Medicaid eligibles in nursing homes may be eligible for a one-time transition to independence grant of up to $1500. The Division of Vocational Rehabilitation will administer the grants. (Section 208.819).

The state is required to grant consent to be sued under the Americans with Disabilities Act (ADA). A new Section 537.617 is created for the state to grant limited consent to be sued under the ADA in state courts, but not federal courts. Consent is for a maximum monetary award under Section 537.610, RSMo, regardless of whether the state is insured against the claim. The amount may include attorneys fees, but not punitive or exemplary damages. This section applies to all actions pending or initiated on or after February 21, 2001 and contains an emergency clause. (Section 537.617). This portion is identical to SB 550 (2001).
ERIN MOTLEY