Ch. 147                                        1994 LAWS OF MARYLAND

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. Article 48A of the Code; 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, the individual is 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.

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