Human services; medical services; federal work incentives
   improvement act; enact conforming state provision to allow
   continued insurance coverage for the working disabled.

   HUMAN SERVICES:  Medical services; LABOR:  Employment incentives;
   LABOR:  Health and safety; DISABILITIES:




















        A bill to amend 1939 PA 280, entitled

   "The social welfare act,"

   by amending section 106 (MCL 400.106), as amended by 1990 PA 145,

   and by adding section 106a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 106.  (1) A medically indigent individual is defined

 2    as:

 3         (a) An individual receiving  aid to dependent children
             

 4    FAMILY INDEPENDENCE PROGRAM BENEFITS or an individual receiving

 5    supplemental security income under title XVI  of the social

 6     security act, 42 U.S.C. 1381 to 1385,  or state
                       supplementation

 7     thereunder  UNDER TITLE XVI subject to limitations
             imposed by

 8    the director pursuant to title XIX.

 9         (b)  An  EXCEPT AS PROVIDED IN SECTION 106A,
             AN individual

10     meeting  WHO MEETS all of the following
             conditions:


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                                              2

 1         (i) The individual has  made application
              APPLIED in the

 2    manner  prescribed by  the  state
             department  FAMILY INDEPENDENCE

 3    AGENCY PRESCRIBES.

 4         (ii) The individual's need for the type of medical
             assist-

 5    ance available under this act for which  application has
             been

 6     made  THE INDIVIDUAL APPLIED has been
                       professionally established

 7    and payment for it is not available through the legal obligation

 8    of a PUBLIC OR PRIVATE contractor  , public or private,
              to pay

 9    or provide for the care without regard to the income or resources

10    of the patient.  The state department shall be subrogated to
             any

11     right of recovery which a patient may have for the cost of
                       hospi-

12     talization, pharmaceutical services, physician services,
                       nursing

13     services, and other medical services not to exceed the
                       amount of

14     funds expended by the department for the care and treatment
                       of

15     the patient.  The patient or other person acting in the
                       patient's

16     behalf shall execute and deliver an assignment of claim or
                       other

17     authorizations as necessary to secure the right of recovery
                       to

18     the department.  A payment may be withheld under this act
                       for

19     medical assistance for an injury or disability for which the

20     patient is entitled to medical care or reimbursement for the
                       cost

21     of medical care under sections 3101 to 3179 of the insurance
                       code

22     of 1956, Act No. 218 of the Public Acts of 1956, as amended,

23     being sections 500.3101 to 500.3179 of the Michigan Compiled

24     Laws, or under any other policy of insurance providing
                       medical or

25     hospital benefits, or both, for the patient unless the
                       patient's

26     entitlement to that medical care or reimbursement is at
                       issue.

27     If a payment is made, the state department, to enforce its



   04119'99
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 1    subrogation right, may do either of the following:  (a)
             intervene

 2     or join in an action or proceeding brought by the injured,
                       dis-

 3     eased, or disabled person, the person's guardian, personal
                       repre-

 4     sentative, estate, dependents, or survivors, against the
                       third

 5     person who may be liable for the injury, disease, or
                       disability,

 6     or against contractors, public or private, who may be liable
                       to

 7     pay or provide medical care and services rendered to an
                       injured,

 8     diseased, or disabled patient; (b) institute and prosecute a

 9     legal proceeding against a third person who may be liable
                       for the

10     injury, disease, or disability, or against contractors,
                       public or

11     private, who may be liable to pay or provide medical care
                       and

12     services rendered to an injured, diseased, or disabled
                       patient,

13     in state or federal court, either alone or in conjunction
                       with

14     the injured, diseased, or disabled person, the person's
                       guardian,

15     personal representative, estate, dependents, or survivors. 
                       The

16     state department may institute the proceedings in its own
                       name or

17     in the name of the injured, diseased, or disabled person,
                       the

18     person's guardian, personal representative, estate,
                       dependents,

19     or survivors.  As provided in section 6023 of the revised
                       judica-

20     ture act of 1961, Act No. 236 of the Public Acts of 1961, as

21     amended, being section 600.6023 of the Michigan Compiled
                       Laws,

22     the state department, in enforcing its subrogation right,
                       shall

23     not satisfy a judgment against the third person's property
                       which

24     is exempt from levy and sale.  The injured, diseased, or
                       disabled

25     person may proceed in his or her own name, collecting the
                       costs

26     without the necessity of joining the state department or the

27     state as a named party.  The injured, diseased, or disabled



   04119'99
                                   4

 1    person shall notify the state department of the action or

 2     proceeding entered into upon commencement of the action or

 3     proceeding.  An action taken by the state or the state
                       department

 4     in connection with the right of recovery afforded by this
                       section

 5     does not operate to deny the injured, diseased, or disabled

 6     person any part of the recovery beyond the costs expended on
                       the

 7     person's behalf by the state department.  The costs of legal

 8     action initiated by the state shall be paid by the state.  A
                       pay-

 9     ment shall not be made under this act for medical assistance
                       for

10     an injury, disease, or disability for which the patient is
                       enti-

11     tled to medical care or the cost of medical care under the

12     worker's disability compensation act of 1969, Act No. 317 of
                       the

13     Public Acts of 1969, as amended, being sections 418.101 to

14     418.941 of the Michigan Compiled Laws; except that payment
                       may be

15     made if an appropriate application for medical care or the
                       cost

16     of the medical care has been made under Act No. 317 of the
                       Public

17     Acts of 1969, as amended, entitlement has not been finally
                       deter-

18     mined, and an arrangement satisfactory to the state
                       department

19     has been made for reimbursement if the claim under Act No.
                       317 of

20     the Public Acts of 1969, as amended, is finally sustained.
                       

21         (iii)  The  EXCEPT AS PROVIDED IN
             SECTION 106A, THE individ-

22    ual has an annual income  which  THAT is below, or
             because of

23    medical expenses falls below, the protected basic maintenance

24    level.  The protected basic maintenance level for 1-person and

25    2-person families shall be at least 100% of the higher of the

26    payment standards generally used to determine eligibility in the

27     aid to dependent children  FAMILY INDEPENDENCE
             program and the



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 1    supplemental security income program under title XVI,  of
             the

 2     social security act, 42 U.S.C.  1381 to 1385, 
                       including state

 3    supplementation.  For families of 3 or more persons, the pro-

 4    tected basic maintenance level shall be at least 100% of the pay-

 5    ment standard generally used to determine eligibility in the
              aid

 6     to dependent children  FAMILY INDEPENDENCE program. 
                       These levels

 7    shall recognize regional variations and shall not exceed 133-1/3%

 8    of the payment standard generally used to determine eligibility

 9    in the  aid to dependent children  FAMILY
             INDEPENDENCE program.

10         (iv) The individual, if  an aid to dependent
             children  A

11    FAMILY INDEPENDENCE PROGRAM related individual and living alone,

12    has liquid or marketable assets of not more than $1,500.00 in

13    value, or, if a 2-person family, the family has liquid or market-

14    able assets of not more than $2,000.00 in value.  The  state

15     department  FAMILY INDEPENDENCE AGENCY shall
                       establish comparable

16    liquid or marketable asset amounts for larger family groups.

17    Excluded in making the determination of the value of liquid or

18    marketable assets are the values of:  the homestead; clothing;

19    household effects; $1,000.00 of cash surrender value of life

20    insurance, except that if the health of the insured  is such
             as

21     to make  MAKES continuance of the insurance
                       desirable, the entire

22    cash surrender value of life insurance is  to be 
             excluded from

23    consideration, up to the  maximums  MAXIMUM
             provided or allowed

24    by federal regulations and in accordance with the rules of the

25     state department  FAMILY INDEPENDENCE AGENCY; the
             fair market

26    value of tangible personal property used in earning income; an

27    amount paid as judgment or settlement for damages suffered as a



   04119'99
                                   6

 1    result of exposure to agent orange, as defined in section 5701 of

 2    the public health code,  Act No. 368 of the Public Acts of
             1978,

 3     being section 333.5701 of the Michigan Compiled Laws
                        1978 PA

 4    368, MCL 333.5701; and a space or plot purchased for the purposes

 5    of burial for the person.  For individuals related to the title

 6    XVI program,  of the social security act, 42 U.S.C.  1381 to

 7     1385,  the appropriate resource levels and property
                       exemptions

 8    specified in title XVI shall be used.

 9         (v) The individual is not an inmate of a public
             institution

10    except as a patient in a medical institution.

11         (vi) The individual meets the eligibility standards for
             sup-

12    plemental security income under title XVI  of the social
             security

13     act, 42 U.S.C.  1381 to 1385,  or for state
                       supplementation under

14    the act, subject to limitations imposed by the director pursuant

15    to title XIX; or meets the eligibility standards for  aid to

16     dependent children  FAMILY INDEPENDENCE PROGRAM
                       BENEFITS, except

17    for income or income and resources; or is a child from 18 to 21

18    years of age and his or her adult caretaker would be eligible for

19     aid to dependent children  FAMILY INDEPENDENCE
             PROGRAM BENEFITS

20    except for age, income, or income and resources; or is a child

21    under 21 years of age and is from a family whose income is below

22    the basic maintenance level.

23         (2) As used in this act, "medical institution" means a state

24    licensed or approved hospital, nursing home, medical care facili-

25    ty, psychiatric hospital, or other facility or identifiable unit

26     thereof  OF A LISTED INSTITUTION certified as
             meeting





   04119'99
                                   7

 1    established standards for a nursing home or hospital in

 2    accordance with the laws of this state.

 3         (3) THE FAMILY INDEPENDENCE AGENCY IS SUBROGATED TO A RIGHT

 4    OF RECOVERY THAT A PATIENT HAS FOR THE COST OF HOSPITALIZATION,

 5    PHARMACEUTICAL SERVICES, PHYSICIAN SERVICES, NURSING SERVICES,

 6    AND OTHER MEDICAL SERVICES NOT TO EXCEED THE AMOUNT OF MONEY

 7    EXPENDED BY THE DEPARTMENT FOR THE CARE AND TREATMENT OF THE

 8    PATIENT.  THE PATIENT OR OTHER PERSON ACTING IN THE PATIENT'S

 9    BEHALF SHALL EXECUTE AND DELIVER AN ASSIGNMENT OF CLAIM OR OTHER

10    AUTHORIZATION AS NECESSARY TO SECURE THE RIGHT OF RECOVERY TO THE

11    DEPARTMENT.  A PAYMENT MAY BE WITHHELD UNDER THIS ACT FOR MEDICAL

12    ASSISTANCE FOR AN INJURY OR DISABILITY FOR WHICH THE PATIENT IS

13    ENTITLED TO MEDICAL CARE OR REIMBURSEMENT FOR THE COST OF MEDICAL

14    CARE UNDER SECTIONS 3101 TO 3179 OF THE INSURANCE CODE OF 1956,

15    1956 PA 218, MCL 500.3101 TO 500.3179, OR UNDER ANOTHER POLICY OF

16    INSURANCE PROVIDING MEDICAL OR HOSPITAL BENEFITS, OR BOTH, FOR

17    ANOTHER THE PATIENT UNLESS THE PATIENT'S ENTITLEMENT TO THAT MED-

18    ICAL CARE OR REIMBURSEMENT IS AT ISSUE.  IF A PAYMENT IS MADE,

19    THE FAMILY INDEPENDENCE AGENCY, TO ENFORCE ITS SUBROGATION RIGHT,

20    MAY DO EITHER OF THE FOLLOWING:

21         (A) INTERVENE OR JOIN IN AN ACTION OR PROCEEDING BROUGHT BY

22    THE INJURED, DISEASED, OR DISABLED PERSON, OR THE PERSON'S GUARD-

23    IAN, PERSONAL REPRESENTATIVE, ESTATE, DEPENDENTS, OR SURVIVORS,

24    AGAINST THE THIRD PERSON WHO MAY BE LIABLE FOR THE INJURY, DIS-

25    EASE, OR DISABILITY OR AGAINST PUBLIC OR PRIVATE CONTRACTORS WHO

26    MAY BE LIABLE TO PAY OR PROVIDE MEDICAL CARE AND SERVICES

27    RENDERED TO AN INJURED, DISEASED, OR DISABLED PATIENT.



   04119'99
                                   8

 1         (B) INSTITUTE AND PROSECUTE A LEGAL PROCEEDING AGAINST A

 2    THIRD PERSON WHO MAY BE LIABLE FOR THE INJURY, DISEASE, OR DIS-

 3    ABILITY OR AGAINST A PUBLIC OR PRIVATE CONTRACTOR WHO MAY BE

 4    LIABLE TO PAY OR PROVIDE MEDICAL CARE AND SERVICES RENDERED TO AN

 5    INJURED, DISEASED, OR DISABLED PATIENT, IN STATE OR FEDERAL

 6    COURT, EITHER ALONE OR IN CONJUNCTION WITH THE INJURED, DISEASED,

 7    OR DISABLED PERSON OR THE PERSON'S GUARDIAN, PERSONAL REPRESENTA-

 8    TIVE, ESTATE, DEPENDENT, OR SURVIVOR.

 9         (4) IN ENFORCING ITS SUBROGATION RIGHT UNDER SUBSECTION (3),

10    THE FAMILY INDEPENDENCE AGENCY MAY INSTITUTE THE PROCEEDINGS IN

11    ITS OWN NAME OR IN THE NAME OF THE INJURED, DISEASED, OR DISABLED

12    PERSON OR THE PERSON'S GUARDIAN, PERSONAL REPRESENTATIVE, ESTATE,

13    DEPENDENT, OR SURVIVOR.  AS PROVIDED IN SECTION 6023 OF THE

14    REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.6023, THE

15    FAMILY INDEPENDENCE AGENCY, IN ENFORCING ITS SUBROGATION RIGHT,

16    SHALL NOT SATISFY A JUDGMENT AGAINST THE THIRD PERSON'S PROPERTY

17    THAT IS EXEMPT FROM LEVY AND SALE.

18         (5) THE INJURED, DISEASED, OR DISABLED PERSON MAY PROCEED IN

19    HIS OR HER OWN NAME, COLLECTING THE COSTS WITHOUT THE NECESSITY

20    OF JOINING THE FAMILY INDEPENDENCE AGENCY OR THE STATE AS A NAMED

21    PARTY.  THE INJURED, DISEASED, OR DISABLED PERSON SHALL NOTIFY

22    THE FAMILY INDEPENDENCE AGENCY OF THE ACTION OR PROCEEDING

23    ENTERED INTO UPON COMMENCEMENT OF THE ACTION OR PROCEEDING.

24         (6) AN ACTION TAKEN BY THE STATE OR THE FAMILY INDEPENDENCE

25    AGENCY IN CONNECTION WITH THE RIGHT OF RECOVERY AFFORDED BY THIS

26    SECTION DOES NOT DENY THE INJURED, DISEASED, OR DISABLED PERSON A

27    PART OF THE RECOVERY BEYOND THE COSTS EXPENDED ON THE PERSON'S



   04119'99
                                   9

 1    BEHALF BY THE FAMILY INDEPENDENCE AGENCY.  THE COSTS OF LEGAL

 2    ACTION INITIATED BY THE STATE SHALL BE PAID BY THE STATE.  A PAY-

 3    MENT SHALL NOT BE MADE UNDER THIS ACT FOR MEDICAL ASSISTANCE FOR

 4    AN INJURY, DISEASE, OR DISABILITY FOR WHICH THE PATIENT IS ENTI-

 5    TLED TO MEDICAL CARE OR THE COST OF MEDICAL CARE UNDER THE

 6    WORKER'S DISABILITY COMPENSATION ACT OF 1969, 1969 PA 317, MCL

 7    418.101 TO 418.941; EXCEPT THAT PAYMENT MAY BE MADE IF AN APPRO-

 8    PRIATE APPLICATION FOR MEDICAL CARE OR THE COST OF THE MEDICAL

 9    CARE HAS BEEN MADE UNDER THE WORKER'S DISABILITY COMPENSATION ACT

10    OF 1969, 1969 PA 317, MCL 418.101 TO 418.941, ENTITLEMENT HAS NOT

11    BEEN FINALLY DETERMINED, AND AN ARRANGEMENT SATISFACTORY TO THE

12    FAMILY INDEPENDENCE AGENCY HAS BEEN MADE FOR REIMBURSEMENT IF THE

13    CLAIM IS FINALLY SUSTAINED.

14         SEC. 106A.  (1) THE DEPARTMENT OF COMMUNITY HEALTH SHALL

15    IMPLEMENT A PROGRAM WITH PROVISIONS AS PRESCRIBED BY THIS SEC-

16    TION, WHICH PROGRAM OFFERS MEDICAL ASSISTANCE AND SUPPLEMENTARY

17    BENEFITS TO A PERSON WHO IS EITHER OF THE FOLLOWING:

18         (A) A PERSON WHO IS AT LEAST 16 YEARS OF AGE AND YOUNGER

19    THAN 65 YEARS OF AGE AND WHO WOULD OTHERWISE BE ELIGIBLE EXCEPT

20    THAT THE PERSON HAS EARNINGS IN EXCESS OF THE LIMIT ESTABLISHED

21    BY THE DEPARTMENT OF COMMUNITY HEALTH.

22         (B) A PERSON WHO IS EMPLOYED WITH A MEDICALLY IMPROVED DIS-

23    ABILITY AND WHOSE ASSETS, RESOURCES, AND EARNED AND UNEARNED

24    INCOME DO NOT EXCEED THE LIMIT ESTABLISHED BY THE DEPARTMENT OF

25    COMMUNITY HEALTH.

26         (2) THE DEPARTMENT OF COMMUNITY HEALTH MAY REQUIRE A PERSON

27    ELIGIBLE FOR BENEFITS UNDER SUBSECTION (1) TO PAY A PREMIUM OR



   04119'99
                                  10

 1    OTHER COST-SHARING CHARGE SET ON A SLIDING SCALE BASED ON INCOME

 2    THAT THE DEPARTMENT OF COMMUNITY HEALTH DETERMINES.

 3         (3) THE DEPARTMENT OF COMMUNITY HEALTH MAY REQUIRE A PERSON

 4    ELIGIBLE FOR BENEFITS UNDER SUBSECTION (1) TO PAY 100% OF A PRE-

 5    MIUM IN A YEAR THAT THE PERSON WHO HAS INCOME THAT EXCEEDS 250%

 6    OF THE INCOME OFFICIAL POVERTY LINE APPLICABLE TO A FAMILY OF THE

 7    SIZE INVOLVED.  IF THE PERSON WHO HAS INCOME FOR A YEAR THAT DOES

 8    NOT EXCEED 450% OF THE INCOME OFFICIAL POVERTY LINE, THE REQUIRE-

 9    MENT TO PAY THE PREMIUM ONLY APPLIES TO THE EXTENT THAT THE PRE-

10    MIUM DOES NOT EXCEED 7.5% OF THE INCOME.

11         (4) THE DEPARTMENT OF COMMUNITY HEALTH SHALL REQUIRE A

12    PERSON TO PAY 100% OF THE PREMIUM FOR A YEAR WHEN THE PERSON'S

13    ADJUSTED GROSS INCOME AS DEFINED IN SECTION 62 OF THE INTERNAL

14    REVENUE CODE OF 1986 EXCEEDS $75,000.00.  THE DEPARTMENT OF COM-

15    MUNITY HEALTH MAY ELECT TO SUBSIDIZE THE PREMIUM BY USING STATE

16    FUNDS ONLY THAT ARE NOT MATCHED BY FEDERAL FUNDS UNDER TITLE

17    XIX.

18         (5) THE DEPARTMENT OF COMMUNITY HEALTH SHALL MAKE PERSONAL

19    ASSISTANCE SERVICES AVAILABLE TO A PERSON ELIGIBLE FOR MEDICAL

20    ASSISTANCE AND SUPPLEMENTARY BENEFITS UNDER SUBSECTION (1) TO THE

21    EXTENT NECESSARY TO ENABLE THE PERSON TO REMAIN EMPLOYED.

22         (6) THE DEPARTMENT OF COMMUNITY HEALTH SHALL SUBMIT AN

23    ANNUAL REPORT ON THE USE OF FEDERAL FUNDS TO THE SECRETARY.  THE

24    REPORT SHALL INCLUDE THE PERCENTAGE INCREASE IN THE NUMBER OF

25    TITLE II AND TITLE XVI DISABILITY BENEFICIARIES IN THE STATE WHO

26    RETURN TO WORK.





   04119'99
                                  11

 1         (7) THE DEPARTMENT OF COMMUNITY HEALTH SHALL APPLY TO THE

 2    SECRETARY FOR APPROVAL OF A PILOT PROJECT UNDER WHICH UP TO A

 3    SPECIFIED MAXIMUM NUMBER OF INDIVIDUALS WHO ARE WORKERS WITH A

 4    POTENTIALLY SEVERE DISABILITY ARE PROVIDED MEDICAL ASSISTANCE

 5    EQUAL TO THAT PROVIDED UNDER SECTION 1905(a) OF TITLE XIX OF THE

 6    SOCIAL SECURITY ACT, 42 U.S.C. 1396d, TO A PERSON DESCRIBED IN

 7    SECTION 1902(a)(10)(A)(ii)(XV) OF TITLE XIX OF THE SOCIAL
             SECUR-

 8    ITY ACT, 42. U.S.C.  1396a.

 9         (8) AS USED IN THIS ACT:

10         (A) "EMPLOYED" MEANS A PERSON WHO IS DOING EITHER OF THE

11    FOLLOWING:

12         (i) EARNING AT LEAST THE APPLICABLE MINIMUM WAGE
             REQUIREMENT

13    UNDER SECTION 6 OF THE FAIR LABOR STANDARDS ACT OF 1938,

14    CHAPTER 676, 52 STAT. 1062, 29 U.S.C. 206, AND WORKING 40 HOURS

15    PER MONTH OR MORE.

16         (ii) ENGAGED IN A WORK EFFORT THAT MEETS SUBSTANTIAL AND

17    REASONABLE CRITERIA FOR HOURS OF WORK, WAGES, OR OTHER MEASURES,

18    AS DEFINED BY THE FAMILY INDEPENDENCE AGENCY.

19         (B) "EMPLOYED PERSON WITH A MEDICALLY IMPROVED DISABILITY"

20    MEANS A PERSON TO WHOM ALL OF THE FOLLOWING APPLY:

21         (i) THE PERSON IS AT LEAST 16 YEARS OF AGE AND LESS THAN
             65

22    YEARS OF AGE.

23         (ii) THE PERSON IS EMPLOYED.

24         (iii) THE PERSON IS NO LONGER ELIGIBLE FOR MEDICAL
             ASSIST-

25    ANCE UNDER SECTION 106 BECAUSE THE PERSON, DUE TO MEDICAL

26    IMPROVEMENT, IS DETERMINED AT THE TIME OF A REGULARLY SCHEDULED





   04119'99
                                  12

 1    CONTINUING DISABILITY REVIEW TO NO LONGER BE ELIGIBLE FOR

 2    BENEFITS UNDER SECTIONS 106 AND 107.

 3         (iv) THE PERSON CONTINUES TO HAVE A SEVERE MEDICALLY
             DETER-

 4    MINABLE IMPAIRMENT AS DETERMINED UNDER REGULATIONS OF THE

 5    SECRETARY.

 6         (C) "PERSONAL ASSISTANCE SERVICES" MEANS A RANGE OF SERV-

 7    ICES, PROVIDED BY 1 OR MORE PERSONS, DESIGNED TO ASSIST A PERSON

 8    WITH A DISABILITY IN PERFORMING DAILY ACTIVITIES ON OR OFF THE

 9    JOB THAT THE PERSON WOULD TYPICALLY PERFORM IF HE OR SHE DID NOT

10    HAVE A DISABILITY.  PERSONAL ASSISTANCE SERVICES SHALL BE

11    DESIGNED TO INCREASE THE PERSON'S CONTROL IN LIFE AND ABILITY TO

12    PERFORM EVERYDAY ACTIVITIES ON OR OFF THE JOB.

13         (D) "SECRETARY" MEANS THE SECRETARY OF THE DEPARTMENT OF

14    HEALTH AND HUMAN SERVICES.

15         (E) "TITLE II" MEANS TITLE II OF THE SOCIAL SECURITY ACT,

16    CHAPTER 531, 49 STAT. 620, 42 U.S.C. 401 TO 405, 406 TO 418, 420

17    TO 423, 424a TO 426-1, AND 427 TO 433.

18         (F) "TITLE XVI" MEANS TITLE XVI OF THE SOCIAL SECURITY ACT,

19    CHAPTER 531, 49 STAT. 620, 42 U.S.C. 1381 TO 1382j AND 1383 TO

20    1383f.

21         (G) "WORKER WITH A POTENTIALLY SEVERE DISABILITY" MEANS AN

22    INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING CRITERIA:

23         (i) THE PERSON IS AT LEAST 16 YEARS OF AGE AND LESS THAN
             65

24    YEARS OF AGE.

25         (ii) THE PERSON HAS A SPECIFIC PHYSICAL OR MENTAL
             IMPAIRMENT

26    THAT, AS DEFINED BY THE DEPARTMENT OF COMMUNITY HEALTH, IS

27    REASONABLY EXPECTED, BUT FOR THE RECEIPT OF ITEMS AND SERVICES



   04119'99
                                  13

 1    DESCRIBED IN SECTION 1905(a) OF TITLE XIX OF THE SOCIAL SECURITY

 2    ACT TO BECOME BLIND OR DISABLED AS DEFINED UNDER SECTION 1614(a)

 3    OF TITLE XVI.

 4         (iii) THE PERSON IS EMPLOYED.
















































   04119'99          Final page.                            LTB