US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 West Virginia Code » Chapter 9. Human Services » Article 4D. Medicaid Buy-in Program

§9-4D-1. Legislative Findings

(a) The Legislature finds that there are many individuals in this state who have disabilities that qualify them for state or federal assistance and who are nonetheless willing and able to enter the workforce, but do not do so out of fear of losing essential medical care. As a result, the state realizes increased costs […]

§9-4D-2. Definitions

As used in this article: (1) "Approved accounts" means any retirement account that the secretary has determined is not to be included as an asset in determining the eligibility of an individual for participation in the buy-in program. Approved accounts may include, but not be limited to, private retirement accounts such as individual retirement accounts; […]

§9-4D-3. Medicaid Buy-in Program; Funding

(a) The Medicaid buy-in program for working individuals with disabilities is hereby established to provide Medicaid benefits to individuals who are disabled and employed, as authorized under Section 201 of the federal Ticket to Work and Work Incentives Improvement Act of 1999 (P.L. 106-170, 42 U.S.C. 1396, et seq.). The Medicaid buy-in program shall become […]

§9-4D-4. Eligibility Guidelines

(a) To be eligible to participate in the buy-in program beginning July 1, 2003, an individual shall: (1) Be a resident of the State of West Virginia;

§9-4D-5. Exceptions to Qualifying Factors

(a) An individual who is enrolled in the buy-in program and who no longer meets the eligibility requirements of the basic coverage group due to an improvement in the individual's medical condition may continue to be eligible for Medicaid coverage under the buy-in program if the individual meets the following requirements: (1) The individual continues […]

§9-4D-6. Fees, Premiums and Periodic Reviews

(a) The department shall charge a $50 enrollment fee to all participants in the Medicaid buy-in program. Upon payment of the enrollment fee, the first month's premium payment is waived. Medicaid coverage begins on the first day of the month following payment of the enrollment fee. (b) The department shall develop a sliding scale of […]

§9-4D-7. Benefits of the Medicaid Buy-in Program

(a) Except as otherwise provided in this article, an eligible buy-in participant shall receive the same benefits that he or she would otherwise receive as a recipient of Medicaid benefits, including home health care services. (b) Except as otherwise provided in this article, an eligible buy-in participant is subject to the same obligations and requirements, […]

§9-4D-8. Analytical Criteria and Reporting Requirements

(a) The secretary shall establish criteria to determine the effectiveness of the Medicaid buy-in program and continued Medicaid coverage through Section 1619 of the federal Social Security Act (42 U.S.C. §1382h). The criteria shall include an analysis of the following: (1) The number of individuals with disabilities who are:

§9-4D-9. Advisory Council; Rules

(a) The secretary of the Department of Health and Human Resources shall establish a Medicaid buy-in program advisory council, consisting of representatives from the state Medicaid agency, the state rehabilitation agency, the state office of family support, the West Virginia statewide independent living council, the West Virginia state rehabilitation council, the West Virginia developmental disabilities […]