FIRST REGULAR SESSION
SENATE BILL NO. 226
93RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CAUTHORN.
Read 1st time January 25, 2005, and ordered printed.
TERRY L. SPIELER, Secretary.
1053S.01I
AN ACT
To amend chapter 208, RSMo, by adding thereto two new sections relating to medical assistance cost containment within the Medicaid program.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 208, RSMo, is amended by adding thereto two new sections, to be known as sections 208.147 and 208.212, to read as follows:
208.147. 1. The department shall conduct an annual income and eligibility verification review of each recipient of medical assistance. Such review shall be completed not later than twelve months after the recipient's last eligibility determination.
2. The annual eligibility review requirement may be satisfied by the completion of a periodic food stamp redetermination for the household.
3. (1) The department shall require recipients to provide documentation for income verification for purposes of the eligibility review described in subsection 1 of this section. Such documentation may include, but not be limited to:
(a) Current wage stubs;
(b) A current W-2 form;
(c) Statements from the recipient's employer; and
(d) A wage match with the division of employment security.
(2) The family support division may also verify information through inquiry into the personal property and driver's licensing systems of the department of revenue, or through other data matches.
4. The department shall by rule establish procedures that require applicants or recipients to disclose at the time of application or the annual eligibility review whether their employer offers employer-sponsored health insurance that they are eligible to receive, whether the applicant or recipient participates in the employer-sponsored health insurance program, and to disclose the applicant's or recipient's reason for not participating in the employer-sponsored plan, if applicable. If the applicant or recipient is unemployed at the time of application or the annual eligibility review, the department shall also establish by rule procedures that require the applicant or recipient to disclose whether they have sought employment.
208.212. 1. For purposes of Medicaid eligibility, investment in annuities shall be limited to those annuities that:
(1) Are actuarially sound as measured against the Social Security Administration Life Expectancy Tables, as amended;
(2) Provide equal or nearly equal payments for the duration of the device and which exclude "balloon" style final payments; and
(3) Provide the state of Missouri secondary or contingent beneficiary status ensuring payment if the individual predeceases the duration of the annuity, in an amount equal to the Medicaid expenditure made by the state on the individual's behalf.
2. The department shall establish a thirty-six month look-back period to review any investment in an annuity by an applicant for Medicaid benefits. If an investment in an annuity is determined by the department to have been made in anticipation of obtaining or with an intent to obtain eligibility for Medicaid benefits, the department shall have available all remedies and sanctions permitted under federal and state law regarding such investment. The fact that an investment in an annuity which occurred prior to the effective date of this section does not meet the criteria established in subsection 1 of this section shall not automatically result in a disallowance of such investment.
3. The department of social services shall promulgate rules to administer the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void.