PUBLIC BENEFITS POLICY

Materials provided by Tom McCormack, Consultant

For more information, contact Tom at [email protected]

Thomas McCormack wrote the AIDS Benefits Handbook (Yale University Press), did policy on SSI, Medicare and Medicaid at HHS and several AIDS and disability groups and now consults for the Title II Community AIDS National Network (T2CANN).


1. State Eligibility Policies Which Exclude the Disabled in the Medicaid, Medicaid Waiver Expansion, CHIP, State-Funded Health Assistance & State Pharmacy Assistance Programs

2. State Drug Programs for those "Too Rich" for Medicaid

3. A Survey of Eligibility Rules of Public and Semi-Public Health Coverage Programs Draft 12/07/01


STATE ELIGIBILITY POLICIES WHICH EXCLUDE THE DISABLED IN THE MEDICAID, MEDICAID WAIVER EXPANSION, CHIP, STATE-FUNDED HEALTH ASSISTANCE & STATE PHARMACY ASSISTANCE PROGRAMS

Some state Medicaid, Medicaid waiver expansion, Child Health Insurance (CHIP), state-funded health assistance and state pharmacy assistance programs have eligibility rules which deny coverage or equal income eligibility levels to disabled and aged persons.

State Pharmacy Assistance Programs

Most state pharmacy assistance programs for Medicare patients who are somewhat "too rich" for Medicaid deny eligibility to disabled persons under age 65 and only cover persons over 65. Yet the fact is that---even in today's troubled budget climate for states---reforms which extend coverage to younger disabled persons are easily within reach for states. Social Security statistics show that, for every 100 over-age-65 beneficiaries, there are only 12 younger disabled beneficiaries. Moreover, Centers for Medicare and Medicaid Services (CMS) data reveal that about30% of disabled recipients are already on Medicaid, while only a tiny portion of the non-nursing home aged are on it. And another 30% or so of the disabled already have employer group health insurance secondary to Medicare as dependents of working spouses, which virtually no aged do.

Therefore, while the disabled only represent about 12% of the number of the aged, 60% of that 12% are already covered by Medicaid or employer health insurance---leaving only 4.8% of the number of currently-covered aged caseload to be potential disabled applicants who might seek expanded state prescription program coverage. States could easily fund more recipients with small copayment increases or slightly lowered income levels..

State Prescription Assistance Programs Which Exclude the Disabled Under Age 65 State Prescription Assistance Programs Which Cover the Disabled Under Age 65
  • Florida
  • Indiana
  • Kansas
  • Maine
  • Michigan
  • Minnesota
  • Missouri
  • Nevada
  • New York
  • North Carolina
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Wisconsin
  • Connecticut
  • Delaware
  • Illinois
  • Maryland
  • Massachusetts
  • New Jersey
  • Vermont
  • Wyoming
  • States Which Exclude Disabled (and Aged) on Medicare From Medicaid and CHIP Section 1115 Waiver Income Eligibility Expansions
    Delaware---gives Medicaid to all uninsured, childless adults under 100% of poverty except Medicare eligibles (who must meet far lower SSI income level to get Medicaid).

    Minnesota---gives Medicaid to all uninsured, childless adults under 175% except Medicare eligibles, who must meet lower 100% level to get Medicaid

    Missouri---gives Medicaid to all uninsured parents under 100% except Medicare eligibles who must meet far lower TANF (welfare) income level to get Medicaid

    Nevada---gives Medicaid to aged using $567.40 SSI monthly income level, but disabled must meet lower $531 SSI monthly income level to get Medicaid.

    New York---gives Medicaid to all uninsured childless adults under 100% except Medicare eligibles who must meet far lower SSI income level to get Medicaid

    Oregon---gives Medicaid to all uninsured adults under 100% except Medicare eligibles who must meet far lower SSI or TANF income levels to get Medicaid

    Vermont---gives Medicaid to all uninsured adults under 175% but Medicare eligibles over 100% get Medicaid drug coverage only and not other Medicaid services


    States Which Exclude Disabled (and Aged) on Medicare From State-Funded Health Care Programs

    Colorado---offers state-funded "Medicaid" to anyone over age 60 using income level of $568 monthly, but uses income level of only $531 (the SSI level) for disabled under 60

    District of Columbia---offers city clinic care to all under 200% except Medicare eligibles who must meet lower 100% level to get Medicaid; but aged alone do get clinic drugs only

    New Jersey---offers state-funded health insurance to all parents under 400% of poverty except Medicare eligibles who must meet lower 200% (if parents) or 100% (if childless) levels to get Medicaid

    Pennsylvania---offers state-funded health insurance (with no drug coverage) to everyone under 200% except Medicare eligibles who must meet lower 100% level to get Medicaid

    Washington---offers state-funded Basic Health Insurance to all persons under 200% except Medicare eligibles who must meet far lower SSI or TANF (welfare) income levels to get Medicaid


    States With State-Funded Health Insurance Risk Pools Which Deny Enrollment to Disabled (and Aged) Medicare Eligibles or Deny Them Premium Discounts

    Twenty nine states sponsor state health insurance risk pools, which offer health insurance for those who cannot get insurance at all, at reasonable rates or without prohibitive preexisting condition limitations. Most, but not all, ban enrollment of Medicare eligibles. Of those that do allow them, only a few offer premium discounts because Medicare is primary payer. (And a few states that do cover Medicare eligibles give them only a standard Medigap plan [without meaningful drug coverage] rather than full secondary coverage in the risk pool.) See Comprehensive Health Insurance For High-Risk Individuals, 2000 (Communicating For Agriculture at http://www.selfemployedcountry.org, [218] 739-3241); contact Natl Assoc of State Comprehensive Insur Plans (NASCHIP) [email protected] (225) 926-6245; and see "Insuring the Uninsurable: An Overview of State High Risk Insurance Pools" (08/ 01) at www.cmwf.org .

    State Health Insurance Risk Pools: Access, Characteristics and Typical Premiums
    State Characteristics* Typical Premiums**
    AL 1, 6, 9 $206
    AK 2, 3, 4 $445
    AR 1, 6, 7  
    CA 1, 6, 10 $319
    CO 5, 6, 8 $229
    CT 2, 6, 7, 8  
    FL 2, 3, 4, 6, 7, 10  
    IL 2, 3, 6, 10 $307
    IN 2 225
    IA 2, 3, 6
    KS 1, 6 $371
    KY 5, 6, 7  
    LA 1, 6, 7  
    MN 2, 3, 6  
    MS 5, 6, 7, 11  
    MO 5, 6, 7  
    MT 2, 3, 4, 6 $233
    NE 2, 6, 7  
    NM 2, 6, 7 $237
    ND 2, 3, 4, 6 $224
    OK 1, 6 $218
    OR 2, 6, 8 $313
    SC 5, 6 $280
    TN 2, 6, 8 $0 - $155
    UT 5, 6 $238
    WA 2, 3, 4, 6, 8 $298
    WI 2, 3, 6, 8 $186
    WY 2, 3, 4, 6 $239

    * Characteristics:
    1. Bans Medicare eligibles
    2. Allows Medicare eligibles
    3. Gives Medicare eligibles discount when the risk pool is the secondary coverage
    4. May only offer Medicare eligibles one of the federally defined (options A through J) "Medigap" plans
    5. Policy on Medicare eligibles unknown.
    6. May have statute/rule banning use of public funds to pay premium.
    7. Call state insurance comr. & risk pool staff for premium by sex, age, city, plan type & deductible
    8. Premium reduction for those considered "poor" under state guidelines (CO under $30,000; CT under 200% poverty; NM 200%; OR 170%; TN 400%; WA 300%; WI $24,000)
    9. Only for federal HIPAA portability eligibles
    10. Enrollment either closed continually (FL, IL) or has waiting list (CA).
    11. Bans those already on Medicare from joining pool, but lets them stay in pool if they get it afterwards.

    **Premium shown is the 1999 or 2000 rate for a 35 year-old male non-smoker in largest city for plan with lowest deductible and least managed care limits, not reflecting any low income or Medicare discounts.

    Written by Tom McCormack 11/14/01; [email protected] (202) 479-2543.


    STATE DRUG PROGRAMS FOR THOSE "TOO RICH" FOR MEDICAID

    Pharmaceutical companies' own discount programs for aged and (sometimes) disabled persons are now in the news. It might be useful to have an overview of the programs now operated by nearly half the states to cover prescriptions for those limited income aged (and sometimes disabled) persons who are somewhat "too rich" for Medicaid.

    (It should also be pointed out that the VA offers prescriptions at $2 each to ALL honorably- and generally-discharged veterans---whether or not they're disabled or have served in wartime. Those enlisting since 1980 must have served at least two years---unless they're activated Reservists or Guardsmen with shorter call-ups or were discharged early for disability or hardship. Very small additional copayments for medical care apply to those with incomes over $23,000.)

    13. A growing number (at least 20) of states now use their own funds to run state pharmacy assistance programs for the aged and (sometimes) disabled who are "too rich" for Medicaid. Programs are funded by state general revenues, dedicated gambling and lottery taxes and, increasingly, state tobacco settlement awards. Most but not all states cover all FDA-licensed prescription medications. Copayments per prescription range from 25 cents to $20 or more, rising with income level. Premiums and deductibles are used in some states as well, particularly for those at higher income ranges. For income levels---which range from $8590 yearly in WY and $9,650 in MD to about $35,000 in NJ and NY--- formularies and other program details on state general drug aid programs, see the AARP's "State Pharmacy Assistance
    Programs" at http://research.aarp.org, the National Conference of State Legislature's "State Pharmacy Programs" at http://www.ncsl.org/programs/health/drugaid.htm (best site on income levels), the General Accounting Office's Report GAO/HEHS-00-162, Sep. 6, 2000) at http://www.GAO.gov, the National Governors' Association at http://www.nga.org/cda/files/STATEPHARM.pdf and daily news reports. While all states have centralized statewide application procedures, one can apply through city and county aging offices everywhere ---even under-65 disabled persons applying in those states which cover the disabled.

    [For the separate income rules (income levels set at from 100% to over 400% of poverty, sometimes with sliding scale premiums and copayments for those in higher brackets) and formularies (which range from minimal to quite generously inclusive) for state AIDS Drug Assistance Programs (ADAPs) which all states operate with federal Ryan White Act appropriations and sometimes also with state supplemental funding see http://aidsinfonyc.org/adap/ap5.html.]

    States With State-Funded Pharmacy Assistance Programs For Aged and (sometimes) Disabled Who Are "Too Rich" For Medicaid, 2001
    *Also covers at least some disabled too.



    Connecticut* ($15,100; income level rises to $20,00 on 4/01//02)
    Delaware* ($16,488;capped benefit for disabled but not aged)
    Florida ($10,308 [120% pov.]; aged only; recent enactment excluded disabled; capped benefit)
    Illinois*($21,218; limited formulary; just liberalized income level and copays and widened formulary)
    Indiana ($11,280; aged only; recent enactment excluded disabled; capped benefit)
    Kansas ($12,885 [150% pov.]; over age 67 only; recent enactment excluded disabled; capped benefit)
    Maine* ($15,244; aged over age 62 and disabled over age 18)
    Maryland*($9650; even covers non-disabled under 65) Note 1
    Massachusetts*($16,149 [188% pov.]; disabled too as of 4/01)
    Michigan ($12,360 for aged; only $246 monthly for disabled; new bill fails to raise disabled level)
    Minnesota ($10,260; will add disabled 7/1/02, but with lower income level)
    Missouri ($17,000; $35 yr. prem; $500 yr. deduct.; 40% co-pay; aged only; starts 7/1/02)
    Nevada ($21,500; state subsidizes 10% to 90% cost toward purchase of drug insurance for those over 62)
    New Jersey* ($35,000; recently liberalized income level)
    New York ($35,000; aged only; recent state liberalization law continues exclusion of disabled)
    North Carolina ($12,885 [150% pov.]; excludes disabled; only cancer, diabetes and heart patients over 65)
    Pennsylvania ($16,000; aged only; proposed bill offers capped coverage to others at lower income level)
    Rhode Island ($15,932; aged only; limited formulary)
    South Carolina ($14,612; recent enactment excluded disabled)
    Vermont* ($18,540; recently liberalized income level)
    Wisconsin (just-enacted; $20,717; only covers aged and excludes disabled)
    Wyoming* ($8590[100%pov.]; even covers non-disabled under 65)

    Note 1. On 7/1/01 State also added 2 year temp. drug aid program, only for aged & disabled Medicare patients, under 300% poverty ($25,770 for 1), operated
    by MD Blue Cross of Baltimore, with $1,000 annual benefit cap, $10/mo. premium & copays of $10 generic, $20 "preferred" brands & $35 other drugs.

    Note: Most recent (2001, 2000 or 1999) income levels at http://www.ncsl.org/programs/health/drugaid.htm


    A SURVEY OF ELIGIBILITY RULES OF PUBLIC AND SEMI-PUBLIC HEALTH COVERAGE PROGRAMS, STATE-BY-STATE, PROGRAM-BY-PROGRAM AND CATEGORY-BY-CATEGORY
    (See below for dollar amounts of poverty levels.)
    By Thomas P. McCormack DRAFT 12/07/01

    The paths to state Medicaid and related health coverage have grown more numerous and wider as a result of legislation and policies adopted during the last few years.

    We used to assume that the rule was that only those found disabled by the Social Security Administration (SSA) and who received Supplemental Security Income (SSI)---or whose medical bills forced them to "spend down" to the SSI level or below--- got Medicaid, plus small numbers of HIV-positive welfare mothers and children on Aid to Families with Dependent Children (AFDC, now called Temporary Assistance to Needy Families (TANF).

    Since the SSI level is only $531 monthly in 2001 (but somewhat higher in about 19 states which add State Supplementary Payments [SSPs] to the basic federal SSI level) many disabled persons' incomes made them "too rich" and many "pre-disabled" HIV-positive poor persons didn't fit into any Medicaid category at all.

    State Supplementary Payment (SSP) Income Levels Above the $531 Basic Federal SSI Level Which Also Confer Medicaid Eligibility on Disabled, Apr., 2001
     Alaska $893 (1)
    California $712 New Jersey $562.25
    Colorado $568 (531) (1, 6) New York City $810 (1, 4)
    Connecticut $765 (1, 2) New York State $618
    Hawaii $535.90 (1) Oklahoma $584 (1,5)
    Idaho $584 (1) Oregon $532.70 (1)
    Illinois $591 (1, 3) Pennsylvania $558.40
    Massachusetts $645.39 Rhode Island $595.35
    Maine $541 (1) South Dakota $546
    Michigan $545 Vermont $590.04
    Minnesota $612 (1) Washington $536.95
    Nebraska $538 (1) Wisconsin $614.78
    New Hampshire $558 (1) Wyoming $540.90
    1. Apply for SSI at the Social Security office, and for SSP and Medicaid at welfare office.
    2. Used only if one pays threshold of rent & utilities in own name; includes value of $183 disregard.
    3. Used only if one pays threshold of rent & utilities in own name in Cook County; lower elsewhere.
    4. City SSP, called "DASIS", is only for HIV+, including "pre-disabled", if rent is at least $480 (can pay more if rent higher); medical assistance for those childless who are not disabled is non-federally-funded.
    5. In 1998, OK offered add'l $579 SSP to TB+ pts.; in 2001 that would equal total SSI/SSP of $1109(!).
    6. $568 for those over age 60; $531 for disabled under age 60.
    For details, see latest "State Assistance Programs For SSI Recipients" at http://www.ssa.gov/policy

    But changes in welfare and Medicaid and a newly-enacted Child Health Insurance Program (CHIP) ---plus a vigorous policy by the Clinton Administration to foster state health expansions and waivers---has changed all that. Now, not only are many more HIV-positive persons eligible for Medicaid under widely publicized "pre-disability" waivers in Maine and Massachusetts. Many, many more persons with HIV are eligible---or can be made eligible--- for state health coverage under a variety of laws and initiatives which went into force in recent years.

    Where once state Medicaid programs could cover only persons who were over 65; under 21; blind; disabled (using Social Security rules); pregnant; or members of welfare-type poor families (which allowed a second parent only if he were incapacitated medically or had been laid off after long-time work), the reforms now allow more coverage:

    1. States can pay COBRA premiums with Medicaid money for anyone---even those who aren't (yet) disabled or members of other Medicaid categories-to keep their health insurance in force for 18 or even 29 months after leaving a job--- with income under 100% of poverty ($715.83 monthly for unemployed singles, at least $1,516.66 for those working), or, at state option, even higher levels. But only a few states have taken this little-known option so far, even though any state can tap essentially unlimited federal Medicaid dollars to pay premiums.

    States Using Federal Medicaid Money To Pay COBRA Premiums for Those Under 100% of Poverty Who Are Not (yet) Disabled or in Other Medicaid Categories
    Illinois Nebraska New York Washington
    Montana New Jersey Rhode Island  

    In addition, all states but New Mexico and one or two others use Medicaid funds to pay all kinds of health insurance premiums (for health plans in which Medicaid applicants are already actually enrolled when they apply), where cost effective in defraying Medicaid outlays, for all classes of those already eligible for Medicaid under regular rules. Similarly, almost all states use Ryan White Act funds to pay all kinds of health insurance premiums, where cost effective in defraying program outlays, for HIV-positive persons (even the "pre-disabled") under state income levels (see http://aidsinfonyc.org/adap/ap5.html.).

    2. States can get waivers under federal law (as former Vice President Gore once promised) to cover needy, "pre-disabled" persons who are not in any Medicaid category in their Medicaid programs-but only if they can show that federal costs won't be increased. (This "budget neutrality" rule is tough to meet. Arizona [with an income level at 100% of poverty], Oregon [at 100%] and Tennessee [at 400%] did it by adding in budget figures from previous state health programs. Maine [100%] did so with optimistic hospital cost estimates and private drug subsidies. And Massachusetts [200%] got a "waiver" for federal funding of coverage it already offered using only state funds. But to do so, all had a helpful thumb on the "no new costs" fiscal scale from a cooperative Clinton-Gore Administration.)

    States Giving Medicaid To All Poor, Even Childless Persons or All Poor, Even Childless "Pre-disabled" HIV+ Persons Via Federal Waivers or State Programs
    Arizona (everyone in state under 100% of poverty) Missouri (non-custod parents under 125%, if curr. in child suppt.)
    Colorado (adults over 60 under $568) (12) New Jersey (everyone under 100%) (3)
    Delaware (adults not on Medicare under 100%) New York City (all HIV+ to $810 or more) (5)
    District of Columbia (most persons under 200%) (8) New York (all adults on Medicare under 100%) (6)
    Georgia (HIV+, incl. "pre-dis.", under 100% [?]) (9) Oregon (everyone not on Medicare under 100%) (4)
    Hawaii (everyone in state under 100%) Pennsylvania (all adults not on Medicare under 200%) (11)
    Maine ("pre-disabled" HIV-positive under 100%) (7) Tennessee (all uninsurable persons under 400%)
    Massachusetts (HIV+ 200%; others 133%) (1) Vermont (all adults to 150/175%) (10)
    Minnesota (childless adults not on Medicare to 175%) Washington (adults not on Medicare under 200%) (2)
    1. All HIV+ (including even "pre-disabled") persons to 200%; other disabled and aged to 133%
    2. State-subsid, "Basic Health" ins., not Medicaid waiver; mo. prem. $10-$50; not open to Medicare eligibles (but discount enrollment in state hlth ins. risk pool is open to Medicare eligibles under 300%).
    3. State-only medical assistance, in HMO, for those under 100% of poverty; no new applicants after 9/1/01
    4. Medicaid waiver for everyone, except Medicare eligibles, under 100%; but state subsid. 70%-90% of hlth ins. risk pool. prem. for everyone, including Medicare eligibles, under 170%
    5. City SSP ("DASIS") to $810/mo. for one (can be more if rent higher) for HIV+, incl. even "pre-disabled"; also disregards $90 wages, $175 per child child care & $50 child support in computing eligibility
    6. State waiver, approved 5/01, to cover all childless adults under 65 and who are not on Medicare to 100%
    7. ME, as of 6/01, also seeks waiver to cover all childless adults under 125% & the self-employed & their families under 300%; but approved waiver for HIV+ under 100%, faces funding/implementation problems.
    8. 200% for anyone in DC Health Care Alliance, except disabled Medicare eligibles; those over 65 only get drug coverage; DC also has as-yet-unfunded waiver for all HIV+ (incl. "pre-disabled" HIV+)under 100%.
    9. GA waiver said to be approved as of 5/01; but yet to be announced by HHS as of 6/15/0; covers limited treatment services, but with HIV drugs provided by ADAP, not Medicaid.
    10. FULL Medicaid for non-Medicare eligibles to 150%. For Medicare eligibles: only Medicaid drugs + QMB coverage to 100%; Medicaid drugs only to 150%; Medicaid "maintenance" drugs only to 175%.
    11. State purchases medical insurance (without drug coverage) for all adults who are uninsured & not on Medicare; effective 2/02. Aged and disabled who are on Medicare get Medicaid if under 100%.
    12. State gives up to $568/mo + state-only "Medicaid" to everyone over age 60, whether or not disabled.

    3. States, under a 1993 law, can offer Medicaid to persons who are infected with tuberculosis even if they aren't (yet) disabled, using financial eligibility rules similar to-but not quite as generous as--- those for the disabled. As of 1998, only a few states had taken this option. But other states can too.

    States Giving Medicaid to "Pre-disabled" Tuberculosis-Infected Persons, Using Income Rules Similar to (but not quite as generous as) Those For Disabled
     California  New York  Virginia
     District of Columbia Oklahoma* Wisconsin
     Minnesota Rhode Island Wyoming
    *In 1998, OK offered add'l $579 SSP to TB+ pts.; in 2001 that would equal total SSI/SSP of $1109(!).


    An October, 2000 law lets states opt to cover uninsured women under 65 with breast or cervical cancer (and, in some cases, also those with only "pre-cancerous" symptoms) even if not (yet) disabled, with incomes up to 250% of poverty or more. As of 11/15/01 only DE, GU, KY, LA, MN, NV, NM, NY, NC, NMI, OH, OK, OR, PR, TN, TX, VI and WI had not yet elected to do so.

    Most local cancer, leukemia and related organizations offer free counseling, peer support, transportation allowances and very limited medical cost help to needy patients under their own local rules. In addition, California offers free prostate cancer screening and comprehensive treatment to all men with incomes under 200% of poverty through state and local health departments and the UCLA Medical Center's Urology Department.

    4. One little-noticed result of the 1996 welfare reform law was that states now define a family for welfare and Medicaid coverage purposes. Under the old AFDC welfare law, families with second parents could only be eligible if he was "unemployed" or "incapacitated" (temporary disability less strict than SSA's). Non-parental related caretakers (stepparents, grandparents, aunts, uncles, siblings, etc.) who pool income with the children continue to get Medicaid (unless noted to the contrary below). But since under the TANF reform law most states now cover all poor families, including those with second parents who aren't incapacitated or headed by income-pooling non-parental relatives. The federal government allows them to do so for Medicaid even if they don't do it for welfare---and also lets them raise family Medicaid income levels higher than before.

    States Which Still Bar Two Parent Families From Medicaid Unless a Parent Is "Unemployed" (Working Less Than 100 Hours Monthly)
     Arkansas  North Dakota
     California*  Tennessee
     Kentucky*  Utah
     Louisiana  West Virginia
     New Hampshire  Wisconsin

    For details, see "State Policy Documentation Project" tables at www.cbpp.org

    *Allows "unemployed parent" to work over 100 hour limit once on Medicaid; and CA exempts all parents, including new applicants, who earn under 100% of poverty from 100 hour work limit.


    5. Under the state Child Health Insurance Program (CHIP) created by the 1997 Balanced Budget Act (BBA), all children under age 19, (and, at state option, all pregnant women), with family incomes under 200% of poverty [yearly, $22,500 for family of two, $28,300 for three, $34,100 for four, $39,900 for five, etc.] are eligible for Medicaid or similar CHIP health insurance in almost all states even if they aren't disabled. (A few states use income levels of 150% or 185% and a few use levels over 200%; most but not all state CHIP prorgams use the same income disregards as are shown for family Medicaid in Item # 5.)

    CHIP allows states, in some cases, to give Medicaid to parents too. Connecticut, Florida, Minnesota, New York, Pennsylvania (unconfirmed), Tennessee and one or two other states even allow over-income families to enroll their uninsured children in CHIP at small (e.g. $50-$85 monthly) or no (TN) premiums.

    In the early and mid-1990s, many local Blue Cross/Blue Shield plans offered free or very cheap health insurance to uninsured, modest-income children through what was then usually called the "Caring Program for Children". Some, but not all, local "Caring" programs even granted parents of such children health insurance at VERY cheap premiums (e.g., about $75 monthly in western Pennsylvania). While children's health coverage needs are now largely met by CHIP, the parental coverage portion of some local Blue Cross plans' "Caring" programs may still be available for uninsured parents.

    States With Extra- High Medicaid and/or Health Plan Income Levels For Parents
     STATE INCOME AMT. COMMENT
    AZ (1) 100% all adults, including Medicare eligibles
    CA (7) 100% (retain to 150%) all adults (seeks federal approval to go to 150% as of 06/01)
    CT 150% all parents
    DE 75% / 100% 75% for parents on Medicare; 100% if childless & not on it
    DC 200% all parents
    GA 100% all HIV+ parents (9)
    HI 100% / 200% parents 200%; other adults 100%
    IN 100% parents (effective July 2002)
    LA 100% parents working under 100 hrs./mo. & pregnant women
    MA 133% all adults
    ME (8) 150% / 200% all parents
    MN (14) 100%/175%/275% parents 275% & other adults 175%, except Medicare eligibles
    MO (10) 100% all parents except Medicare eligibles
    NJ (12) 100%/200%/400% parents 200%/400% except Medicare eligible; other adults 100%
    NY (2) 100% / 150% parents 150%; other non-Medicare adults under age 65, 100%
    OH (11) 100% all parents, including Medicare eligibles
    OR (1, 3) 100% / 170% all persons not on Medicare
    PA (15) 200% / 100% all persons not on Medicare
    RI 185% all parents
    TN (1, 5) 400% all uninsurable persons, including Medicare eligibles
    VT (13) 150%/175%/185% parents 185%; other adults 150%/175%
    WA (1, 6) 200% all persons
    WI (7) 185% (retain to 200%) all parents, including Medicare eligibles
    Notes: For listed states, effective income level is somewhat higher (and may be far, far higher) due to income disregards--which all states have and which some states have greatly liberalized; see next table for disregard amounts. which can effectively raise an otherwise-lower eligibility level. Eileen Sweeney's "Recent Studies..." at http://www.cbpp.org/12-29-00wel.pdf strongly suggests that at least 20% of low-income parents are also disabled (see note with * in next table). Some additional (but often outdated or unusably vague) detail on state Medicaid income levels and income-counting rules may be available for some states through http://www.geocities.com/CapitolHill/5974/. In almost all states, kinship caretakers are considered "parents" and enjoy these higher income levels; but in some states (noted here), they are covered only under the lower income level used for non-waiver, basic "TANF-related" coverage.
    1.AZ' includes and OR excludes those on Medicare; they otherwise cover everyone under 100%. Uninsured children can also get CHIP up to 200% income in AZ, OR & WA (no limit in TN).
    2. NY parent/ childless adult waiver approved 5/01; implementation 09/01;elig. budgeting quirks allow slightly higher income level for some NYC families w/ HIV+ members via City "DASIS" budget (pp.1&2).
    3. But OR does pay 70% to 95% of premiums for risk pool health ins. for persons below 170% of poverty, including Medicare eligibles (any of whom can join the risk pool for secondary-to-Medicare coverage); Medicare-elig. also can get Medicaid via regular SSI, TANF or medically needy eligibility categories.
    4. Deleted.
    5.TN waiver covers everyone --parents, children & even childless adults who are "uninsurable".
    6.WA subsidizes "Basic Health" insurance, not Medicaid; mo.prem.costs $10 to $50 per person & plan is not open to Medicare eligibles---but subsid enroll.in state hlth ins. risk pool is open to Medicare eligibles.
    7. CA and WI do (or will) cover even two parent families with one working over 100 hours monthly, even though they didn't under their previous "regular" (and lower) Medicaid income levels. At this writing, it's unclear whether WI excludes non-parental relative caretakers from this higher family Medicaid level.
    8. A 6/01 state law allows coverage of families and parents up to 200% to the extent funds allow.
    9. GA waiver, approved 5/01, still awaits HHS announcement as of 6/15/01; will cover limited treatment services, with HIV drugs to be provided via ADAP, not Medicaid.
    10. Even covers non-custodial parents up to 125%, if they're current in child support.
    11. Limited to 24 months in any 30 month period.
    12. But parents on Medicare can only get Medicaid via SSI, TANF, medically needy or 100% of poverty .aged/disabled. eligibility category; parents 200% to 400% also get Medicaid-type benefits via state-only funds, but must pay small premiums & copayments .
    13. Parents and caretakers get FULL Medicaid if under 185%, even if they're on Medicare.
    14. Medicare eligibles must be under 100% of poverty to get Medicaid.
    15. State purchases medical insurance (without drug coverage) for adults who are uninsured and not on Medicare, effective 2/02. Aged and disabled under 100% get Medicaid, even if on Medicare.

     

    Family Of 3 Monthly Medicaid Income Levels & Wage, Childcare & Child Support Disregards
     STATE LEVEL WAGE DISREGARDS CHILDCARE DISREGARDS
    AL $164 $90 *
    AK $1,092 $90 *
    AZ (1) $90+30% rest *
    AR $204 20% wages 0
    CA (1) $90 *
    CO $421 $90 *
    CT (1) $90+rest to poverty level *
    DE (1) $90 *
    DC (1) 0 all costs
    FL $303 $90 *
    GA $424 $90 *
    HI (1) $90 0
    ID $317 $90 *
    IL $377 $90 *
    IN $259 $90 *
    IA $426 20% + 50% rest *
    KS $404 $90 + 40% rest *
    KY $526 $90 *
    LA (1) $90 *
    ME (1) $90 *
    MD $418 20% wages $200
    MA (1) 0 0
    MI $459 $90 *
    MN (1) $120 + 33% rest *
    MS $368 $90 *
    MO (1) $90 *
    MT $476 $200 + 25% rest $200
    NE $393 20% all costs
    NV $828 $90 or 20% all costs
    NH $575 20% *
    NJ (1) $90 *
    NM $389 $120 + 33% rest *
    NY (1) $90 *
    NC $544 $90 *
    ND $447 (2) "reasonable" costs
    OH (1) $250 + 50% rest *
    OK $471 $120 *
    OR (1) (3) *
    PA $421 $90 * (4)
    RI (1) $90 *
    SC $568 $90 $200
    SD $796 0 0
    TN (1) $90 *
    TX $275 $90 *
    UT $583 $90 *
    VT (1) $150 + 25% rest *
    WA $546 50% all costs
    WV $253 $90 *
    WI (1) $90+$30 + 33% rest *
    WY $590 $200 0

    Note: States first count total, gross income, then subtract earned income disregard, childcare disregard and child support disregard amounts from that to get net, countable income---only the net is what is then compared to eligibility level. Most states disregard up to $50 monthly of actually-received child support income per case; AR, DC, HI, MD, MA, MO, NE, NH, OK, TN and WA have no child support disregards; DE, GA and ME's $50 disregards can sometimes be a bit higher due to quirks in eligibility budgeting; CT disregards up to $100, KS $40, and NV $75; and CA also disregards even all paid-out child support. Some additional detail on state income levels or income-counting rules (but often outdated or unusably vague) may be available through http://www.geocities.com/CapitolHill/5974/. In all states without footnote 1, "parents" includes kinship caretakers; in footnote 1 states, they may or may not be covered too (see previous chart).

    *State subtracts (disregards) up to $175 monthly ($200 for infants under age 2) of actually paid child care costs, per child---and also per disabled adult in family---from gross income before counting net income.

    1. See previous chart for state's special, extra high income level against which net, countable income is compared in determining eligibility for families with children. State may use lower income level for non-parental kinship caretakers.
    2. $90 (or, if higher, 27%) + $30 + 33% of rest.
    3. $90 + $30 + 33% of rest (or, if higher, 50%)
    4. Covers unins. adults not on Medicare under 200% with state-purchased hlth ins.(without drug coverage).
    For more detail, see tables under "State Policy Documentation Project" at www.cbpp.org



    6. States, under the 1997 BBA and the 1999 Ticket to Work and Work Incentives Improvement Act (TWWIIA), can offer Medicaid with federal support, at small premiums, to working persons with medically disabling conditions (who SSA can't consider "disabled" because they're actually working) with incomes up to about $43,000 a year (or more, under TWWIIA). But TWWIIA, which the President signed on December 17, 1999, also now offers states even more options (and even provides extra funding to plan and administer those options) :

    7. On a demonstration project basis, states can give Medicaid to "pre-disabled" workers at risk of full disability, also using generous income rules. They could even get extra federal money for doing so. No "waiver" is needed. But as of September, 2001 only Mississippi and the District of Columbia (for HIV+ persons); Rhode Island (for multiple sclerosis patients); and Texas (for schizophrenia and bipolar patients) had successfully applied for such funding, leaving well over $100 million authorized and available for such patients but unclaimed and unused by the states. The extra planning money can be used for this too.

    8. States that cover the working disabled can also give Medicaid to those workers who recover from their disabilities while eligible for basic working disabled coverage but still have a potentially serious conditions. AZ, CO, CT, IN, KS, PA and WA do this, and OK and TX are considering doing so..

    States Offering or Considering Medicaid For Working Disabled With Earnings Income Eligibility Level of $43,000 Yearly or Higher, 11/20/01 State Leg. Enacted and/or Approved by HCFA
    Alaska Louisiana Oklahoma
    Arizona Maine (1) Oregon
    Arkansas Minnesota Pennsylvania
    Colorado Mississippi Texas
    Connecticut Missouri Utah
    Florida Nebraska Vermont
    Iowa New Hampshire Washington
    Indiana New Jersey Wisconsin
    Kansas New Mexico  
    1.Also passed law 6/01 for Medicaid buy-in at up to 300% poverty for all self-employed and their families.


    9. Since 1986, states can establish higher-than-SSI Medicaid income levels for aged and disabled persons-----and, as of early 2001, nearly half do so. So it's no longer true that disabled persons can only get Medicaid if they're on SSI, or if they "spend down" to the SSI level, or below, with medical bills.

    States Which Already Have Higher-Than-SSI, 100% (Or More) of Poverty Medicaid Income Levels For Aged & Disabled, 2001

    Alaska ($893, actually, $1.17 below state's own separate poverty level)
    Arizona ($715.83, effective 04/01)
    California ($945.83; actually, $230 above poverty level)
    Connecticut ($765; actually, $49.17 above poverty level)
    Delaware ($716, only if not on Medicare; 75% of family-size pov. level for parents on Medicare)
    District of Columbia ($715.83)
    Florida ($644.25; actually, 90% of 2001 poverty level))
    Hawaii ($824.17, state's own separate poverty level)
    Illinois ($608 is eligibility level as of 7/1/01; being phased in to full 100% by 7/1/02)
    Maine ($715.83, but 125% poverty [ $895] for childless adults)
    Massachusetts ($954.20 for disabled, 133.3% of poverty level; only $715.83 for aged)
    Michigan ($715.83)
    Minnesota ($715.83; but 175% for childless disabled and 275% for disabled parents not yet on Medicare)
    Mississippi ($966.37, actually 135% of poverty level)
    Missouri 4
    Nebraska ($715.83)
    New Jersey ($715.83)
    New York ($715.83; but only disabled not yet on Medicare; excludes aged; Medicaid waiver app. 5/01)
    North Carolina ($715.83)
    North Dakota ($715.83)
    Oregon ($715.83) 2 if not on Medicare; if on it, state sub.. 70/ 95% of hlth. ins. risk pool prem.to 170%)
    Pennsylvania ($715.83)
    South Carolina ($715.83)
    Tennessee ($2,863.32 [400%], only for those who are "uninsurable", which means almost all disabled)
    Vermont ($1074 [150% pov.]) 1
    Virginia ($573, which is 80% of 2001 poverty level)
    Washington ($1431.66 [ 200%]) 3
    Utah ($715.83)

    1. Only if not on Medicare; if childless & on Medicare, one only gets QMB benefits & Medicaid drugs if under 100%, Medicaid drugs only to 150% and Medicaid "maintenance" drugs only to 175%.; but all parents on Medicare get full Medicaid to 185%.
    2. Only if not on Medicare; if on it, state subsid. 70%/ 95% of hlth. ins. risk pool prem.to 170%.
    3. Subsid. "Basic Health". ins. (not Medicaid) w/mo. prem. @ $10-$85 if not on Medicare; but Medicare eligibles can get discount premium in state hlth ins. risk pool if income under 300%)
    4. Bill signed 10/05/01 gradually raises aged & disabled income level to 100% by 7/01/04.



    10. States can offer home and community based (HCB) services (wider services like case management & enhanced home health-type care) to frail disabled persons (or smaller groups, like PWAs) at medical risk of going into hospitals or nursing homes. Federal HCB regulations say that only persons who are in actual need of hospital or nursing home care AT THE EXACT TIME they apply can enter the HCB program. But some states are more flexible in practice & permit those in early disease stages----who'd only later be at risk of institutionalization if their disease stayed untreated----to enter the HCB program to prevent ACTUALLY NEEDING HOSPITAL OR NURSING HOME CARE. States can use extra -high Medicaid income levels (up to 300% of the SSI level, or $1590 monthly) for this group---but not all opt to do so.

    States With Home & Community Based Services Programs For All Frail Disabled or Frail PWAs & Whether 300% of SSI ($1590) Is the Income Eligibility Level
    California No Missouri No
    Colorado Yes New Mexico Yes
    District of Columbia No New Jersey Unknown*
    Delaware No North Carolina Unknown*
    Florida Yes Pennsylvania Yes
    Hawaii No South Carolina Unknown*
    Illinois No Texas Yes
    Iowa Yes Virginia No
    Maine Unknown* Washington Yes
    Montana Unknown*
    *Contact state Medicaid agency about use of 300% rule

    Other States With Home and Community Based Services Programs for Other Targeted Classes of the Physically Disabled (Which May or May Not Include PWAs or Use 300%) 1
    Alaska Kansas Nebraska South Dakota (2)
    Alabama Kentucky (2) New Hampshire Utah
    Arkansas (2) Louisiana Nevada Vermont
    Connecticut (2) Maryland (2) Ohio Wyoming
    Georgia (2) Michigan Oklahoma (2)  
    Idaho (2) Minnesota Oregon  
    Indiana Mississippi (2) Rhode Island (2)  

    1. Call state Medicaid agency to see who/how program covers

    2. Uses 300% of SSI eligibility level


    11. Most states offer Medicaid to disabled persons and members of families with children through the medically needy or "209(b)" spend down options. Those with countable income over the Medicaid spend down income level (which can be, and often is, even lower then the SSI level) can deduct their incurred (but not necessarily paid) medical bills from their income to lower it to the level and become eligible for the state's spend down time period (one, three or six months, depending on the state).

    States With No Medicaid Spend Down For Anyone or Only Limited Spend Downs For Some But Not All Medicaid Categories, 2001
    Alabama Missouri (only aged & disabled spend down) (1)
    Alaska Nevada
    Arizona New Mexico
    Colorado Ohio (only aged & disabled spend down)
    Delaware South Carolina
    Florida (2) South Dakota
    Idaho Texas (only families & children spend down)
    Indiana (only aged & disabled spend down) Wyoming
    Mississippi  
    1. 09/01 bill adds add med. needy spend down for families & children eff. 7/02, if funding is avail.
    2. 12/01 bill restricts med. needy spend down to families & children eff. 7/02, unless new funding is avail.

    2001 Poverty Level is $8590 yearly ($715.83 monthly); add $3020 yearly ($251.66 monthly) for each add'l family member. To be updated in late February, 2002 at http://aspe.hhs/gov/poverty. (Bill signed 10/05/01 gradually phases out "209(b)" income level , income disregards & asset restrictions in Missouri by 7/01/04.)

    Income Disregards: For disabled, subtract $20 monthly of any income---and $65, half the rest of wages and out-of-pocket medical expenses from earnings---before income is counted. (But "209(b)" states--CT, HI, IL, IN, MN, MO, NH, ND, OH, OK & VA-can & do have stricter income counting rules.) For working disabled category (see above), most states offer more disregards than for the regular disabled category and, while "209(b)" states can be stricter here too, most also give extra-generous disregards to the working disabled category. For families, all states have their own differing, modest-to- generous earnings and childcare disregards; see table above for amounts, state-by-state.



    Allowable Assets For Disabled, Working Disabled and Families and Children
    For disabled:
    $2,000 liquid assets, $1500 in burial fund & lived-in home & care of any value; a few states allow more in liquid assets; but again, "209(b)" states-CT, IL, IN, HI, MN, MO, NH, ND, OH, OK & VA-can and do allow less.

    For special working disabled category (see previous page): Some states also allow extra liquid assets, 2nd cars and/or IRAs, 401(k)'s etc. While here, too, the "209(b)" states can allow less, not all use their strict "209(b)" rules for this favored group & some are even extra-generous to them.

    For families and children: $1,000 liquid assets (some states allow more), a lived-in home of any value and a car worth under $4500 (many but not all states allow costlier cars). CT, DC, IL, MA, MS, MO, OH, OK, PA, RI & WI drop asset tests for family & children Medicaid & CHIP but not welfare.

    12. Twenty nine states operate or sponsor state health insurance risk pools, which offer health insurance (subsidized by state taxes or assessments) similar to that offered by major employer group plans at higher-than-market-range premiums for those who cannot get insurance at all, at reasonable rates or without prohibitive preexisting condition limitations. At least 7 states further subsidize premiums for those who meet state low-income guidelines. Many state risk pools offer several plans, including fee-for-service, PPO and HMO options, as well as variations for location or amount of desired deductible. Most, but not all, ban enrollment of Medicare eligibles. Of those that do allow them, some but not all offer premium discounts because Medicare is primary payer. But a few states that cover Medicare eligibles offer them only a standard Medigap plan (with no meaningful drug coverage) rather than full, comprehensive secondary coverage in the risk pool. Many risk pools have laws or regulations prohibiting the use of public monies to pay premiums (e.g., from the Medicaid, Ryan White, maternal and child health, mental illness, mental retardation or developmental disability programs). One or two only exist for portability purposes under HIPPA, while at least two are continually or often closed to new applicants due to funding shortages.

    Contact state insurance commissioners for further risk pool details. Also see Comprehensive Health Insurance For High-Risk Individuals, 2000 (hard copy only; Communicating For Agriculture at http://www.selfemployedcountry.org, [218] 739-3241), contact the National Association of State Comprehensive Insurance Plans (NASCHIP) [email protected] (225) 926-6245 and see "Insuring the Uninsurable: An Overview of State High Risk Insurance Pools" (August, 2001) at www.cmwf.org .

    State Health Insurance Risk Pools: Access, Characteristics and Typical Premiums
    State Characteristics Typical Premium
    AL 1, 6, 9 $206
    AK 2, 3, 4 $445
    AR 1, 6, 7  
    CA 1, 6, 10 $319
    CO 5, 6, 8 $229
    CT 2, 6, 7, 8  
    FL 2, 3, 4, 6, 7, 10  
    IL 2, 3, 6, 10 $307
    IN 2 $225
    IA 2, 3, 6 $425
    KS 1, 6 $371
    KY 5, 6, 7  
    LA 1, 6, 7  
    MN 2, 3, 6 $411
    MS 5, 6, 7, 11  
    MO 5, 6, 7  
    MT 2, 3, 4, 6 $233
    NE 2, 6, 7  
    NM 2, 6, 7 $237
    ND 2, 3, 4, 6 $224
    OK 1, 6 $218
    OR 2, 6, 8 $313
    SC 5, 6 $280
    TN 2, 6, 8 $0 - $155
    TX 5, 6 $230
    UT 5, 6 $238
    WA 2, 3, 4, 6, 8 $298
    WI 2, 3, 6, 8 $186
    WY 2, 3, 4, 6 239
    Note: All risk pools require previous minimum time of immediately prior creditable coverage in other state risk pools, group or individual health insurance, Medicaid or (sometimes) Medicare to exempt one from pre-existing condition coverage waiting periods of 6-12 months. (Each month of prior coverage earns a month's credit toward the waiting period, if any.) Premium shown is the 1999 or 2000 rate for a 35 year-old male non-smoker in the state's largest city for the option with the lowest deductible and fewest managed care restrictions, but does not reflect any low income or Medicare discounts offered. State insurance commissioners and risk pool staffs have details.
    1. Bans Medicare eligibles
    2. Allows Medicare eligibles
    3. Gives Medicare eligibles discount when the risk pool is the secondary coverage
    4. May only offer Medicare eligibles one of the federally defined (options A through J) "Medigap" plans, which lack meaningful drug benefits; clarify with insurance commissioner & risk pool agency
    5. Policy on Medicare eligibles unknown (contact state insurance commissioner & risk pool agency)
    6. May have statute/rule banning use of public funds to pay premium (e.g., Medicaid, Ryan White, MCH , mental health, mental retardation, developmental disabilities or substance abuse program funds)
    7. Call state insurance comr. & risk pool staff for premium by sex, age, city, plan type & deductible
    8. Premium reduction for those considered "poor" under state guidelines (CO under $30,000; CT under 200% poverty; NM 200%; OR 170%; TN 400%; WA 300%; WI $24,000)
    9. Only for federal HIPPA portability eligibles
    10. Enrollment either closed continually (FL, IL) or has waiting list (CA); however, Ca does offer more expensive, "look-alike" health plan to those on risk pool waiting list.
    11. While banning Medicare eligibles from joining risk pool, MS allows them to keep pool coverage if they first become Medicare-eligible after enrolling in the pool.

    13. A growing number (at least 20) of states now use their own funds to run state pharmacy assistance programs for the aged and (sometimes) disabled who are "too rich" for Medicaid. Programs are funded by state general revenues, dedicated gambling and lottery taxes and, increasingly, state tobacco settlement awards. Most but not all states cover all FDA-licensed prescription medications. Copayments per prescription range from 25 cents to $20 or more, rising with income level. Premiums and deductibles are used in some states as well, particularly for those at higher income ranges. For income levels---which range from $8590 yearly in WY and $9,650 in MD to about $35,000 in NJ and NY--- formularies and other program details on state general drug aid programs, see the AARP's "State Pharmacy Assistance Programs: 2001" at http://research.aarp.org, the National Conference of State Legislature's "State Pharmacy Programs" at http://www.ncsl.org/programs/health/drugaid.htm (best site on income levels) , the General Accounting Office's Report GAO/HEHS-00-162, Sep. 6, 2000) at http://www.GAO.gov, the National Governors' Association at http://www.nga.org/cda/files/STATEPHARM.pdf and daily news reports.

    [For the separate income rules (income levels set at from 100% to over 400% of poverty, sometimes with sliding scale premiums and copayments for those in higher brackets) and formularies (which range from minimal to quite generously inclusive) for state AIDS Drug Assistance Programs (ADAPs) which all states operate with federal Ryan White Act appropriations and sometimes also with state supplemental funding see http://aidsinfonyc.org/adap/ap5.html.]

    States With State-Funded Pharmacy Assistance Programs For Aged and (sometimes) Disabled Who Are "Too Rich" For Medicaid, 2001
    *Also covers at least some disabled too.
    ____________________________________________________________________________________
    Connecticut* ($15,100; income level rises to $20,00 on 4/01//02)
    Delaware* ($16,488;capped benefit for disabled but not aged)
    Florida ($10,308 [120% pov.]; aged only; recent enactment excluded disabled; capped benefit) 2
    Illinois*($21,218; limited formulary; just liberalized income level and copays and widened formulary)
    Indiana ($11,280; aged only; recent enactment excluded disabled; capped benefit)
    Kansas ($12,885 [150% pov.]; over age 67 only; recent enactment excluded disabled; capped benefit)
    Maine* ($15,244; aged over age 62 and disabled over age 18)
    Maryland*($9650; even covers non-disabled under 65) 1
    Massachusetts*($16,149 [188% pov.]; disabled too as of 4/01)
    Michigan ($12,360 for aged; only $246 monthly for disabled; new bill fails to raise disabled level)
    Minnesota ($10,260; will add disabled 7/1/02, but with lower income level)
    Missouri ($17,000; $35 yr. prem; $500 yr. deduct.; 40% co-pay; aged only; starts 7/1/02)
    Nevada ($21,500; state subsidizes 10% to 90% cost toward purchase of drug insurance for those over 62)
    New Jersey* ($35,000; recently liberalized income level)
    New York ($35,000; aged only; recent state liberalization law continues exclusion of disabled)
    North Carolina ($12,885 [150% pov.]; excludes disabled; only cancer, diabetes and heart patients over 65)
    Pennsylvania ($16,000; aged only; new bill offers capped coverage to others at lower income level)
    Rhode Island ($15,932; aged only; limited formulary)
    South Carolina ($14,612; recent enactment excluded disabled)
    Vermont* ($18,540; recently liberalized income level)
    Wisconsin (just-enacted; $20,717; only covers aged and excludes disabled)
    Wyoming* ($8590[100%pov.]; even covers non-disabled under 65)

    1. On 7/01 State also added 2 year temp. drug aid program, only for aged & disabled Medicare patients, under 300% poverty ($25,770 for 1), operated by MD Blue Cross of Baltimore, with $1,000 annual benefit cap, $10/mo. premium & copays of $10 generic, $20 "preferred" brands & $35 other drugs.
    2. 12/01 bill would restrict program funding in undeterm. way, eff. 7/02, unless new funding is found.

    Note: Most recent (2001, 2000 or 1999) income levels at http://www.ncsl.org/programs/health/drugaid.htm

    14. Most pharmaceutical manufacturers operate their own corporate patient assistance programs (PAPs) for those who, under company guidelines, cannot afford medications and aren't eligible for any private or public health coverage. Each company with such programs (and not all have them) establishes its own income and asset standards for free drugs, which sometimes can even vary from one company drug to another. Firms only rarely reveal what their income and asset levels are---and, indeed, some don't really have any coherent, hard-and-fast income levels, relying instead upon ad hoc, "common sense" decisions by their PAP staffs.

    PAP drugs almost always must be applied for, on a needy patient's behalf, by his or her physician calling corporate 800 numbers to secure patient application forms (which must then be submitted with proof of income like paycheck stubs, etc.). Quite often, delivery of vouchers for drugstore use or drug shipments is then made to the doctor at his office by drug companies' salesmen. Naturally, they use the visit to try to sell other company products---but also give doctors free drug samples to pass out to other needy patients. Many doctors dislike having to deal with all this---even if they have desperate, needy patients who need drugs. Yet, while PAPs do provide drug makers with good public relations, the fact is that PAP distribution via doctor sales calls may be the reason that some manufacturers even consider PAPs worthwhile at all.

    Manufacturers' drug assistance programs are listed at www.volunteersinhealthcare.org or http://rxassist.org and http://PhRMA.org/patients/index.html [for general, non-HIV-specific drugs] and http://www.aidsinfonyc,org/network/access/pa.html [for HIV-specific drugs].

    15. All veterans with honorable or general discharges who have served at least 180 days of active duty can receive care at VA medical centers -- even if they aren't disabled under VA or Social Security rules or have not served in a war zone or during wartime. (But those who first enlisted after September 7, 1980 must also have served at least two years as well----unless they were activated Reservists or National Guardsmen who fully served out a shorter call-up or were discharged early for disability or hardship.) Care available through the VA includes inpatient hospital stays, outpatient hospital services, clinic and physician services, and outpatient prescriptions. Veterans who are former prisoners of war and fully or even partially disabled from service-connected causes get priority, free care. Other non-service-connected veterans who are poor get free care, except for a $2 per prescription copay. Richer, non-service-connected veterans get space-available care with very low copays. Dependents such as spouses, widow(er)s and minor (or grown, children first disabled before age 22) of service-connected (100% or more) disabled veterans get premium-free CHAMPVA health insurance (similar to major employer plans), whether rich or poor, on Medicare or not or over 65 or not. See www.VA.gov. Dependents of active-duty service members, "lifer" retirees and their dependents and survivors (including grown children disabled before age 22) not only get free, "space available" care at military medical facilities (which is, in fact, usually unavailable due to priority active duty patient caseloads); they also get premium-free Tricare health insurance (also similar to major employer plans); see www.Tricare.gov .

    Income Levels, Free VA Health Care, 2001 Copays for Higher Income Veterans, 2001
    Single veteran $1,974 per month
    Add for 1st dependent $395 more per month
    Add for each add'l dependent $132 more per month
    Low income veterans' only copay is $2.00 per Rx
    • $792 + $10 per day for first hospitalization in year
    • $396 + $10 per day for subsequent hospitalizations
    • $50.80 per emergency room/clinic/physician visit
    • $2.00 per outpatient prescription

    16. Native Americans---members of, or those eligible for membership in, federally-recognized Indian tribes and Alaska Natives' Corporations---get free health care from the Indian Health Service (IHS), tribal health facilities on reservations and reduced, sliding scale-fee care at 34 urban Indian clinics funded by the IHS. This non-means-tested (or sliding scale fee, in urban clinics) health coverage is available to those with at least some partial Indian descent who are eligible for membership in tribes---most of which do not require one to be "full-blooded". Reservation-based health facilities are open only to members of that tribe (and their spouses from other tribes) who live on the reservation or in adjacent counties. (Emergency care only is given to those from other tribes, for free, or to non-Indians, who must pay.) But urban clinics are open to members of any recognized tribe, subject to limited space and funding. IHS care, while open to rich or poor, is last payer, and patents must first seek out, apply for and use any other potential or available insurance or entitlement. To locate IHS reservation health facilities and urban clinics, visit http://www.dhhs.gov; to find out how to confirm one's Native American ancestry and contact tribal leaders to enroll, visit http://www.doi.gov/bureau-indian-affairs.html. For details on urban clinic programs see http://www.kff.org/content/2001/6006

    17. All states, through county and city health departments, operate Maternal and Child Health (MCH) Block Grant (also called "Title V") and Children with Special Needs (formerly called "Crippled Children's") programs for mothers and children, using wholly state-set income levels of, typically, 200% of poverty. Many (but not all) states choose not to impose an asset test. These programs provide health screening, immunizations, well-child care, outpatient clinic care, rehabilitation and therapy---and, often, inpatient hospital care and outpatient prescriptions. Visit www.amchp.org to locate state programs and get their detailed rules.

    18. The federal government's Health Resources and Services Administration (HRSA) funds at least 330 low-income community health clinics across the country; there are at least 125 similar "Federally-Qualified 'Look Alike'" clinics; and hundreds of other private non-profit clinics serving the poor (e.g., doctors volunteering evenings to see the poor in church basements and so on.)

    HRSA-funded clinics provide free or very low co-payment care to those with income under 100% of poverty, sliding scale fee care to those between 100% and 200% and charge full costs of care for those above 200% (but some clinics in the high-cost Northeast allow sliding scale fees to those up to 250% or 300%.) About half of HRSA clinics offer their own in-house pharmacy services (again, with appropriate copays based on income level). The half or so of clinics that can't afford in-house pharmacy services sometimes arrange for partial discounts for their patients at area drug stores. The so-called "'look alike' clinics" and the private non-profit ones typically have similar fee arrangements---but are far, far less likely to offer in-house pharmacy services. To locate HRSA-funded clinics, visit www.bphc.hrsa.gov. Almost all of the "look alike", other private non-profit and HRSA-funded clinics are listed at www.NACHC.com and in the annual directory of the Primary Health Care Clearinghouse; call (800) 444-7773 for a copy.

    19. Most----but not all---states (or their counties) have General Medical Assistance (GMA) or State-Only Medical Assistance (MA/SO) programs to provide medical care to needy uninsured persons who aren't eligible for federally-funded Medicaid. Where offered, GMA or MA/SO is usually limited to those who get cash General Assistance (GA) welfare. GA, in almost all states except New York and California, now requires one to meet state definitions of medical incapacity and to be actively seeking SSI disability benefits. Thus---except for several Northeastern, Great Lakes and West Coast states which also offer this medical coverage to those who are not on cash GA welfare (e.g., those who "spend down" to the income level)---meeting state medical incapacity standards now serves as an eligibility requirement. These state programs have very low asset eligibility levels---and many bar those with cars, even modest homes and minimal cash savings. Income levels for one person vary from about $100 monthly in the strictest states to about $450 or more in the most liberal states.

    While in a few states GMA or MA/SO operates like Medicaid, with the same providers and benefits package, in most areas recipients' choice of medical providers is restricted to public hospitals, low income clinics and the like. Especially in local-option states, all but the most routine, cheapest care must be pre-authorized. Southern, Plains and Rocky Mountain states' programs all exist only at county option (so coverage is only available in liberal, urban counties), and some don't offer it at all. In many states, the hospital and clinic "coverage" really offered by these programs amounts to no more than an unpaid-for state mandate to admit and treat the poor uninsured ---which can and does leave unpaid bills subject to later collection action against whatever few resources the poor may have. For state-by-state eligibility and coverage details, see especially "State General Assistance Programs, 1998" [99-01] by Gallegher et.al. at http://www.newfederalism.urban.org/html/ga_programs/ga_main.pdf (pp. 85-104); for details on the Denver, Houston and Los Angeles systems, see http://newfederalism.urban.org/html/op49/occa49.html


    Alabama 1 , 10 Montana 3
    States With No, Only County-Option or Limited General Medical Assistance(GMA)
    Alabama 1, 10 Iowa 1 North Dakota 2
    Arizona 2 Kentucky 1 Oklahoma 1
    Arkansas 1 Louisiana 5 South Carolina 1
    Colorado 2, 10 Maryland 6 South Dakota 3
    Florida 2, 10 Mississippi 1 Texas 2, 9, 10
    Georgia 1, 10 Montana 3 Virginia 3, 10
    Idaho 3 Nebraska 8 West Virginia 1
    Indiana 4 New Mexico 1 Wyoming 7
    North Carolina 2  
    Note: Everywhere, public & other non-profit hospitals---especially "teaching hospitals" tied to medical schools---almost always offer free or sliding fee scale discounted inpatient & outpatient care to the poor under their own rules. Access to hospital care-where accomplished via mandate and not publicly-paid-can and does leave resulting unpaid bills subject to later collection against indigents' meager incomes and assets, particularly for non-public hospitals.
    1. No state or even county GMA or MA/SO program.
    2. GMA or MA/SO at county option only (e.g., likely available only in urban, liberal counties).
    3. GMA or MA/SO at county option only (so far, only confirmed as available in largest/most urban county).
    4. GMA or MA/SO at township option only (available, at least in theory, in Marion County/Indianapolis).
    5. No GMA or MA/SO, but state still has Charity Hospital system providing free/discounted care to all indigents.
    6. GMA or MA/SO is free outpatient care at chain of state-subsidized low income clinics; but inpatient hospital care delivered via state mandate to admit indigent without immunity against later debt collection; not tied to cash GA.
    7. No GMA or MA/SO, per one 1998 survey, but other surveys report that state's Minimum Medical Program offers drugs and some medical care to everyone under 100% of poverty.
    8. GMA or MA/SO supposedly offered by 56 of 93 counties which adhere to optional state GMA-MA/SO system.
    9. A more detailed report on Texas' indigent care is available at http://www.accessproject.org.
    10. County & teaching hospitals offer free & sliding-fee inpatient, outpatient and outpatient pharmacy services care in Atlanta, Austin, Birmingham, Charlottesville, Dallas, Denver, Houston, Lincoln, Miami and Richmond.

    20. State, county and municipal public hospitals (especially "teaching hospitals" affiliated with state medical schools), as well as most private, non-profit "teaching hospitals" tied to medical schools, offer free or sliding scale-fees for inpatient, outpatient clinic and even outpatient pharmacy services to indigent residents. Virtually all offer free or reduced-fee care for inpatient and outpatient care, and over two-thirds also offer free or sliding scale outpatient prescriptions at their own in-house pharmacies. Income levels vary, with free care or only nominal copays offered to those below 100% or even 200% of poverty, sliding scale fees for those at slightly higher levels and full fees for those above the institution's maximum income threshold.

    Full fees are always charged to those failing to cooperate with the indigent financial counseling process (including those who fail to follow through in applying for other public coverage or who later become delinquent on agreed reduced-fee payment plans), and such accounts are sent to collection agencies. For emergency care, and even sometimes for elective inpatient admissions and outpatient care, actually paying in advance one's reduced-fee copayments can often be waived; however, waiver of cash payment of reduced copays for issuance of outpatient prescriptions is far less often granted. Outpatient pharmacy copays vary from about $2.00 to $10.00 (and, in a few hospitals, even more); slightly over half of these institutions waive copays after patients reach a monthly "stop loss" cap of pharmacy copays. Often, cash-short hospital pharmacies help patients use industry patient assistance programs (PAPs; see above).

    Visit www.NAPH.org for a list of member public hospitals and call (202) 585-0100 for the hard copy pamphlet, Cost-Sharing and the Uninsured; consult AA for a member list of medical schools associated with teaching hospitals; contact area public and teaching hospitals; visit www.cmwf.org to see "A Shared Responsibility: Academic Health Centers and the Provision of Care to the Poor and Uninsured" and "Safety Net Hospitals"; for details on Denver, Houston and Los Angeles' systems, see http://newfederalism.urban.org/html/op49/occa49.html; finally, see http://www.kff.org/content/2001/2250
    and http://www.kff.org/content/2001/2251.

    21. Several states and a number of counties use specially dedicated Medicare and Medicaid Disproportionate Share Hospital (DSH) funds, state and local taxes, private and foundation donations, Medicaid Section 1115 project funds, existing GMA/MA/SO programs and/or employer contributions to provide subsidized health insurance for modest-income, uninsured employees, their families and, sometimes, other uninsured residents. Usually, but not always, subsidized health insurance for modest-income employees and their families depends upon employer cooperation and at least partial contribution toward premiums; but a few health coverage subsidies are also open to the non-employed as well. Details---including income eligibility criteria, at-work status requirements, employer participation mandates, recipient costs not met by subsidies and contact information---is available in "State and Local Initiatives To Enhance Health Coverage for the Working Uninsured" (November, 2000) at www.cmwf.org. The following chart gives a brief overview of those programs not listed elsewhere in this paper:

     

    State/Local Health Coverage Subsidy Programs for Modest Income Workers & Other Uninsured
    State/Locality Income Elig. Level Only Employees? Comment
    Bay Area, CA 5 250% poverty Anyone uninsured Free minor surgery, incl. hosp. & necessary drugs
    Boston 200% poverty Anyone uninsured Free care + nominal copays
    Cumberland, Kennebec & Lincoln Cos., ME 2 None (?) Anyone uninsured Free care after $10 enrollment fee
    Denver Income under $50 K Only workers & dependents Partial city subsidy of premium & copays
    Kansas 200% poverty Only workers & dependents Partial state subsidy of premium & copays
    Lansing, MI 250% poverty Anyone uninsured Free care + nominal copays
    Marion Co., IN 200% poverty Anyone uninsured Free care & rising copays over 150%
    Massachusetts 200% poverty Only workers & dependents Premium subsidy to $10/$50 + sm. copays
    Muskegon, MI Earn under $10/hour Only workers & dependents 70% city subsidy of premium & copays
    New Jersey 3 400% poverty Any uninsured family w/children Very small premiums & copays
    New York 250% poverty Anyone unins. 12 mos. Partial state subsid. of prem + copays
    Pima Co. AZ 4 150% poverty Uninsured workers & dependents $40/yr premium + outpatient copays/ inpatient discount
    San Diego 300% poverty Only workers & dependents Partial city subsidy of premium & copays
    Washington, DC 1 200% poverty Any resident Free care + nominal copays (care only at city clinics/designated hospitals)
    Wayne Co., MI Earn under $10/hr Only workers & dependents 66% Co. subsidy of premium & copays
    Note: A study of public and some blended public/private safety net care in Denver, Houston and Los Angeles is at http://newfederalism.urban.org/html/op49/occa49.html. Programs open only to workers can and do also cover their unemployed disabled dependents.
    1. DC Health Care Alliance. (202) 842-2410; Medicare eligibles under 64 excluded; and persons over 64 only get drug coverage.
    2. Reported in Kaiser Daily Health Policy Report, 06/13/01. Contact state or counties' health depts.
    3. State-only program for fam. to 400%.. See NJ website thru http://www.geocities.com/CapitolHill/5974/.
    4. Uninsured workers and their families earning under 150%; Pima Comm. Access Prog. (520) 694-0418.
    5.Uninsured under 250% in Alameda, Marin, San Francisco, San Mateo or Sonoma Co. areas; Operation Access (415) 931-3866; minor/outpt surgery only, incl. hosp .costs & related prescriptions.


    22. The federal Hill-Burton program offers both free inpatient care and important health care access rights to anyone (whether or not disabled) with income under 100% of poverty (200% at facility option) treated at hospitals, clinics, nursing homes and other health facilities which ever received federal grants or guaranteed loans. Free care (almost always restricted to inpatient care in the case of hospitals) remains an annual obligation until facilities "pay off" the grant or loan's value through an equal amount of donated care to indigents. The free care program has no asset, income disregard or even legal residency requirement. However, free care can only be applied for during the open application window time frame which facilities must publicly announce at least once each year (in the legal notices of local newspapers). Hence, those applying outside that window will be turned away---unless they are vigilant enough to look for the annual "free care" legal notices in newspapers and then apply during later application windows. Federal regulations are unclear as to whether one's income must be qualifying low enough at the time of medical services, or at the time of application, creating some uncertainty for those whose incomes vary.

    Many persons who acquire Medicaid through "spend downs" later extinguish even those liabilities by successfully applying for Hill-Burton. While Hill-Burton programs can't (and don't) offer forgiveness or bill-reduction for accompanying, separate bills form doctors and other independent practitioners, being accepted for Hill-Burton on the facility bill often can and does persuade such practitioners to grant voluntary, free charity care or bill-reductions on their own.

    Hill-Burton's health access benefits are perpetual obligations of the facility (continuing even after free care obligations are "paid off") and include: the right to a medically necessary treatment and admission, even if one doesn't have a doctor with staff privileges; the right to have one's Medicare or Medicaid accepted as payment in full, even from doctors practicing at the hospital who don't accept such programs off-premises; the right to emergency room and emergency inpatient treatment, without regard to Medicare/Medicaid status, lack of insurance, current means to pay or even an agreed-upon installment plan for later payment; and the right to "no upfront cash deposit" elective admissions---even for those without insurance or current ability to pay---for patients who do agree to make later installment payments.

    23. At least 27 states provide at least some publicly-financed medical care to those with permanent kidney failure or End Stage Renal Disease (ESRD) or who need or have had kidney transplants through state kidney programs. Most, but not all, have means-tested eligibility rules, and all require use of all other available resources (Medicare, Medicaid, CHIP, private health insurance, etc.) before state funds. A few of those with income tests also have asset tests as well. Covered expenses/benefits packages vary enormously.

    State With Kidney Program Income Eligibility Test? Telephone Contact Number
    Alabama "poverty level income" 205-934-2111
    Arizona Criteria unknown Unknown (reported in 2001)
    Arkansas "financial need" 501-296-1629
    Delaware None noted 302-422-1393
    Illinois "last resort" 217-782-3303
    Indiana 250% of poverty 317-383-6543
    Iowa 250% 515-281-4960
    Louisiana None noted Unknown (reported in 1998)
    Maine None noted Unknown (proposed 1998)
    Maryland "no income limit" 410-764-5000
    Massachusetts None noted Unknown (pending in 1998)
    Missouri income in lowest 25% of state median 573-882-2506
    Montana None noted 406-444-4349
    Nebraska "ability to pay" 402-471-2638
    New Hampshire $13,000 for 1; $14,500 for 2 603-271-4526
    New Jersey 300% 609-984-6137
    North Carolina "no third party payer" 919-715-3113
    Oklahoma None noted Unknown (enacted in 1997)
    Pennsylvania 300% 717-787-9772
    Puerto Rico "medically indigent" 787-764-2254
    South Dakota 133% of poverty 605-773-3495
    Tennessee "sliding scale" 615-741-5359
    Texas income under $60,000 512-458-7796
    Vermont "any Vermont citizen" Unknown (funded 1998)
    Washington 300% 360-753-5742
    Wisconsin None noted 608-266-2469
    Wyoming No new applicants accepted 307-777-6296
    Details available (in hard copy only) in the "Directory of State Kidney Programs" ($5.00) , National Organization of State Kidney Programs (NOSKP), c/o Missouri Kidney Program, 112 Lewis Hall, University of Missouri, Columbia, MO 65211 [email protected] or [email protected] Also see www.kidney.org. Note that anyone experiencing permanent kidney failure who himself, whose parents or whose spouse is Social Security-insured is eligible for Medicare with only a 3 month waiting period. Details are available at www.HCFA.gov.

    24. The federal government, through the Health Resources and Services Administration (HRSA, [email protected] [301] 443-5698), helps fund dozens of Hemophilia Treatment Centers (HTCs) which provide free or reduced-price care to the indigent and which can be located at www.hemophilia.org. In addition, state hemophilia assistance programs are funded by Florida ([email protected] [727] 856-7057), Michigan ([email protected] [734] 975-2838), New Jersey ([email protected] [732] 238-5250; state association, which helps with health insurance premiums) and Texas ([email protected] [512] 685-3159).

    25. Florida ( [email protected] ) and Texas ( [email protected] [512] 685-3159) have state epilepsy assistance programs for those with limited resources.

    26. ALS (Lou Gehrig's disease) patients can get Medicare as soon as their Social Security Disability Insurance (SSDI) begins and don't have a 24 month wait for Medicare. See www.HCFA.gov for details.


    Detailed 1998 reports on eligibility rules for Medicaid, ADAP and (some but not all) related health programs are available on Colorado, Connecticut, Florida, Illinois, Missouri, Nebraska, Nevada (hard copy only) , New Mexico (hard copy only), Oklahoma, Texas and Utah from the author at [email protected] .

     

    Thomas McCormack wrote the AIDS Benefits Handbook (Yale University Press), did policy on SSI, Medicare and Medicaid at HHS and several AIDS and disability groups and now consults for the Title II Community AIDS National Network (T2CANN). Email him at [email protected].


    Revised December 8, 2001

    Go to Main Page

    email E-mail the Coalition

    ATAC is a national coalition of people living with HIV/AIDS and advocates working together to end the AIDS epidemic

    by improving HIV research and treatment access.