ROBERT L. EHRLICH, JR., Governor                             Ch. 315

(2) (I) IS DISABLED UNDER TITLE II OR TITLE XVI OF THE SOCIAL
SECURITY ACT; OR

(II) EXCEPT FOR PROVISIONS RELATING TO SUBSTANTIAL GAINFUL
ACTIVITY, WOULD QUALIFY FOR SUPPLEMENTAL SECURITY INCOME OR SOCIAL
SECURITY DISABILITY INSURANCE;

(3) RECEIVES FINANCIAL COMPENSATION FOR EMPLOYMENT, WITH
APPLICABLE PAYROLL WITHHOLDINGS FOR PAYMENT OF FEDERAL, STATE, AND
LOCAL TAXES;

(4) MEETS THE ASSET LIMITATIONS UNDER SUBSECTION (E) OF THIS
SECTION;

(5) MEETS THE FINANCIAL LIMITATIONS REQUIRED UNDER

SUBSECTION (F) OF THIS SECTION; AND

(6) IF APPLICABLE, PAYS THE PREMIUM REQUIRED UNDER SUBSECTION
(C) OF THIS SECTION.

(D) IN DETERMINING AN INDIVIDUAL'S INCOME UNDER SUBSECTION (F) OF
THIS SECTION, THE DEPARTMENT MAY NOT CONSIDER THE FOLLOWING:

(1) INCOME DISREGARDED FOR THE PURPOSE OF DETERMINING
ELIGIBILITY FOR THE MEDICAL ASSISTANCE, AGED, BLIND, AND DISABLED
CATEGORY UNDER COMAR 10.00.24; OR

(2) INCOME USED TO PAY FOR IMPAIRMENT RELATED WORK EXPENSES.

(E) (1) AN INDIVIDUAL IS NOT ELIGIBLE FOR THE EMPLOYED PERSONS
WITH DISABILITIES PROGRAM IF THE INDIVIDUAL'S ASSETS EXCEED $10,000.

(2) IN DETERMINING AN INDIVIDUAL'S ASSETS UNDER PARAGRAPH (1)
OF THIS SUBSECTION, THE DEPARTMENT MAY NOT CONSIDER THE FOLLOWING;

(I) ASSETS DISREGARDED FOR THE PURPOSE OF DETERMINING
ELIGIBILITY FOR THE MEDICAL ASSISTANCE, AGED, BLIND, AND DISABLED
CATEGORY UNDER COMAR 10.09.24;

(II) MEDICAL SAVINGS ACCOUNTS AS DEFINED UNDER 26 U.S.C.
220;

(III) RETIREMENT ACCOUNTS, INCLUDING AN INDIVIDUAL

RETIREMENT ACCOUNT, A 401(K) PLAN, A 403(B) PLAN, A KEOGH PLAN, AND A
PENSION PLAN; OR

(IV) SUBJECT TO THE APPROVAL OF THE DEPARTMENT, ANY
SPECIAL FUND FOR THE PURCHASE OF GOODS OR SERVICES THAT SUBSTANTIALLY
INCREASE OR MAINTAIN THE INDIVIDUAL'S EMPLOYABILITY.

(F) (1) TO PARTICIPATE IN THE PROGRAM, AN INDIVIDUAL SHALL HAVE AN
ANNUAL GROSS INCOME OF NO GREATER THAN 300% OF THE FEDERAL POVERTY
GUIDELINES.

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