36-2929. Services to persons with
disabilities; eligibility; premiums
A. Subject to the approval of the centers for medicare and medicaid
services, beginning on January 1, 2002, the Arizona health care cost containment system
administration shall provide services pursuant to this article to any person with a
disability who is defined as eligible pursuant to section 36-2901, paragraph 6,
subdivision (g), who meets the income requirements of subsection B of this section and
who has too much income to qualify for the system pursuant to section 36-2901, paragraph
6, subdivision (a).
B. A person meets the income requirements of this section if the person's countable
income does not exceed two hundred fifty per cent of the federal poverty guidelines. The
administration shall use the supplemental security income methodology. For the purposes
of this subsection, countable income does not include the person's unearned income, the
person's spouse's or any other family member's earned or unearned income or a deduction
for a minor child.
C. The administration shall adopt rules for the collection of premiums from persons
who qualify for services pursuant to this section. The premium shall not exceed two per
cent of the person's countable income.
D. The administration shall develop and implement a process for eligibility
determinations for persons who apply for eligibility and annual redeterminations for
continued eligibility. The administration shall also develop and implement a process to
determine medically improved disabilities. The administration may enter into an
intergovernmental agreement with the department of economic security or may contract with
participating health plans to conduct eligibility determinations or redeterminations.
The administration may not use a resource test to determine or redetermine eligibility.
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