Maryland Health - General Section 15-202

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

// SPECIAL NOTE: THE FOLLOWING SECTION WAS CHANGED BY CHAPTER 30 OF 2002 AND WILL REMAIN IN EFFECT UNTIL JUNE 30, 2010 //

      (a)      The Department of Health and Mental Hygiene shall administer a Maryland AIDS Insurance Assistance Program for HIV positive individuals.

      (b)      There shall be no more than 450 recipients enrolled in the Program at any one time.

      (c)      Except as provided in subsection (d) of this section, an individual is eligible for the Program if:

            (1)      Cash assets owned by the individual's family, including savings accounts, checking accounts, and stocks and bonds, do not exceed $10,000;

            (2)      The individual's family income, earned and unearned, does not exceed 300 percent of the federal poverty level;

            (3)      (i)      The individual is eligible for and has applied for continuation of benefits under one of the following authorities:

                        1.      The Consolidated Omnibus Budget Reconciliation Act of 1985, P.L. 99-272, and any subsequent modifications to that Act;

                        2.      The Federal Employees Health Benefits Amendment Act of 1988, P.L. 100-654, and any subsequent modifications to that Act; or

                        3.      The Insurance Article; or

                  (ii)      The individual is receiving health benefits:

                        1.      Under a policy issued by an authorized insurer or nonprofit health service plan;

                        2.      As an enrollee of an authorized health maintenance organization; or

                        3.      From an employer under a health benefits plan that meets the conditions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., and any subsequent modifications to that Act;

            (4)      The individual is not eligible for health insurance through another family member;

            (5)      A physician certifies that the individual is:

                  (i)      HIV positive; and

                  (ii)      Due to this illness, either too ill to continue working in the individual's current position, or there is a substantial likelihood that within 3 months the individual will be unable to work;

            (6)      The individual is a resident of the State; and

            (7)      The Department determines that it is cost effective to enroll the individual in the Program.

      (d)      Notwithstanding the provisions of subsection (c)(1) and (2) of this section, an individual is eligible for the Program if:

            (1)      Cash assets owned by the individual's family, including savings accounts, checking accounts, stocks, and bonds, that exceed $10,000 are paid to the Department to be used for the payment of health insurance on behalf of the individual;

            (2)      The individual's family income, earned and unearned, that exceeds 300 percent of the federal poverty level is paid to the Department to be used for the payment of health insurance on behalf of the individual; and

            (3)      The individual meets the eligibility requirements of subsection (c)(3), (4), (5), (6), and (7) of this section.