Administration — Regulation

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  1. (a) The Department of Human Services is authorized to apply to the Centers for Medicare & Medicaid Services for approval to create and administer the low-income disabled working person category of Medicaid eligibility.

  2. (b) The department shall promulgate rules for and administer the low-income disabled working person category of Medicaid eligibility in conformity with this subchapter with a state Medicaid plan amendment or waiver approved by the administration and in a manner that:

    1. (1) Limits the population that may enroll in the low-income disabled working person category of Medicaid eligibility to eligible persons;

    2. (2) Establishes premium and cost-sharing charges on a sliding scale based on income;

    3. (3) Limits the services reimbursed to Medicaid-covered services furnished by providers enrolled as Medicaid providers;

    4. (4) Limits reimbursements to the rates established by the department; and

    5. (5) Provides for the automatic assignment of medical payments due as set out in §§ 20-77-302 and 20-77-307 as a condition of eligibility for benefits under the low-income disabled working person category of Medicaid eligibility.

  3. (c) A rule adopted under this section shall not include a test for income, assets, or resources.


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