A BILL TO BE ENTITLED
AN ACT TO DIRECT THE Department of Health and Human Services, Division of Medical Assistance, TO APPLY FOR A MEDICAID WAIVER THAT WOULD PROVIDE MEDICAID BENEFITS TO LOW‑INCOME PERSONS WITH HIV.
Whereas, low‑income individuals living with HIV are unable to afford antiretroviral drug therapies that would keep the individual healthy longer and thus able to remain in the workforce longer; and
Whereas, low‑income individuals living with HIV whose incomes exceed 133% of the federal poverty level are ineligible for financial assistance under the Medicaid program; and
Whereas, individuals with HIV whose income exceeds 133% of the federal poverty level must wait until they become disabled as a result of contracting the AIDS virus to obtain Medicaid services; and
Whereas, health care services to treat AIDS are more expensive than antiretroviral therapy for individuals with HIV; and
Whereas, current federal treatment guidelines indicate that an individual living with HIV should begin antiretroviral therapy before becoming disabled; and
Whereas, other states have applied for or received a Medicaid waiver to provide Medicaid services to low‑income individuals with HIV; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  The Department of Health and Human Services, Division of Medical Assistance, shall apply to the Centers for Medicare and Medicaid Services (CMS) for an 1115 waiver to permit individuals who test positive for HIV and have incomes at or below two hundred percent (200%) of the federal poverty level to access Medicaid services.  If approved, the Department shall not implement the waiver except as authorized by an act of the General Assembly appropriating funds for this purpose.  The Department shall report on the status of the waiver to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division not later than October 1, 2009.
SECTION 2.  This act is effective when it becomes law.