Section 40-8.7-1. – Short title.

§ 40-8.7-1. Short title. This chapter shall be known and may be cited as “The Sherlock Act.” History of Section.P.L. 2004, ch. 343, § 1; P.L. 2004, ch. 354, § 1.

Section 40-8.7-2. – Medicaid buy-in program.

§ 40-8.7-2. Medicaid buy-in program. The department of human services is hereby authorized to establish a Medicaid buy-in program pursuant to the “Balanced Budget Act of 1997,” 42 U.S.C. § 1396a(a)(10)(A)(ii)(XIII). History of Section.P.L. 2004, ch. 343, § 1; P.L. 2004, ch. 354, § 1.

Section 40-8.7-3. – Purpose.

§ 40-8.7-3. Purpose. The purpose of the Medicaid buy-in program is to: (1) Enable individuals with disabilities to enter and reenter the work force as soon as possible; (2) Provide health care and employment support services to individuals with disabilities that will enable those individuals to reduce their dependency on cash benefit programs; and (3) […]

Section 40-8.7-4. – Definitions.

§ 40-8.7-4. Definitions. As used in this chapter, the term: (1) “Employed” means the individual with disabilities is engaged in a work effort that meets substantial and reasonable threshold criteria for hours of work, wages, or other measures, as defined by the department of human services and as permitted by federal law. (2) “Employment support […]

Section 40-8.7-5. – Authorization for Medicaid buy-in program and personal care services.

§ 40-8.7-5. Authorization for Medicaid buy-in program and personal care services. (a) The department of human services is hereby authorized and directed to amend its Title XIX state plan to initiate a Medicaid buy-in program for employed individuals with disabilities. (b) The department of human services is hereby authorized and directed to amend its Title […]

Section 40-8.7-6. – Eligibility.

§ 40-8.7-6. Eligibility. (a) To be eligible for benefits under the Medicaid buy-in program: (1) The person shall be an individual with disabilities as defined in § 40-8.7-4, but without regard to his or her ability to engage in substantial gainful activity, as specified in the Social Security Act, 42 U.S.C. § 423(d)(4); (2) The […]

Section 40-8.7-7. – Premiums.

§ 40-8.7-7. Premiums. (a) The department of human services is authorized and directed to promulgate such rules to establish the monthly premium payments for employed individuals with disabilities who opt to participate directly in the Medicaid buy-in program. To participate in the Medicaid buy-in program, the employed individual with disabilities shall be required to make […]

Section 40-8.7-8. – Work-related protections.

§ 40-8.7-8. Work-related protections. (a) Medicaid buy-in participants shall continue on the Medicaid buy-in program for up to four (4) months after loss of employment due to a medical condition. If the loss of employment is not due to a medical condition, the individual may continue to be eligible for up to four (4) months, […]

Section 40-8.7-9. – Regulations and commencement of program.

§ 40-8.7-9. Regulations and commencement of program. (a) The department of human services shall promulgate the rules or regulations necessary to implement the provisions of this act by September 30, 2011, and enrollment of individuals with disabilities in the Medicaid buy-in program shall commence under the new rules on or before January 1, 2012. (b) […]