Senate Bill No. 39
(By Senators Ross, Fanning, Hunter, Mitchell, Sharpe, Redd,
Anderson, Caldwell, Rowe, Minard, Helmick, Kessler, Boley, Minear
and Sprouse)
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[Introduced February 14, 2001; referred to the Committee on
Health and Human Resources; and then to the Committee on
Finance.]
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A BILL to amend article two, chapter nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section twelve,
relating to medicaid eligibility; and requiring the division
of human services to allow a higher level of protected
income in connection with spend-down requirements.
Be it enacted by the Legislature of West Virginia:
That article two, chapter nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twelve, to read
as follows:
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE
OF COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES
AND RESPONSIBILITIES GENERALLY.
§9-2-12. Medicaid protected income level.
After the first day of July, two thousand one, the division
shall, in determining an applicant's eligibility for medicaid
assistance, use a monthly protected income level of five hundred
dollars or the maximum amount allowed by federal law.
NOTE: The purpose of this bill is to require the Division of
Human Services to allow a higher level of protected income in
connection with spend-down requirements for determining medicaid
eligibility.
This section is new; therefore, strike-throughs and
underscoring have been omitted.