Section 123.200  Eligibility

A child may be eligible under the program provided that all of the following eligibility criteria are met:

a)         A child is not eligible for medical assistance under the Public Aid Code or benefits including rebates under the Children's Health Insurance Program Act;

b)         A child is under 19 years of age;

c)         A child is a resident of the State of Illinois; and

d)         The child meets one of the following:

1)         Upon initial determination of eligibility:

A)        If the application is received during calendar year 2006, the child has been without health insurance at least since January 1, 2006, or, if application is made after December 31, 2006, the child has been without health insurance for at least 12 months prior to the date of application;

B)        The child lost employer-sponsored health insurance when the child's parent's job ended;

C)        The child has no health insurance and is less than one year old in the month of application for All Kids;

D)        The child has exhausted the life-time benefit limit of his or her health insurance;

E)         The child's health insurance is purchased under the provisions of Consolidated Omnibus Budget Reconciliation Act (COBRA);

F)         The child was disenrolled for medical assistance under the Public Aid Code or benefits, including rebates, under the Children's Health Insurance Program Act within one year prior to applying under this Part; or

G)        The child has health insurance provided by the child's noncustodial parent and the child's custodian is unable to access such health insurance benefits for the child.

2)         Upon redetermination of eligibility:

A)        The child was initially enrolled under subsection (d)(1)(A) or (F) of this Section; or

B)        Affordable health insurance is not available to the child.  For the purpose of this Section, affordable health insurance for the child does not exceed the following amounts:

i)          For a child who would be eligible for All Kids Premium Level 2 or 3, the cost of the monthly premium for coverage of all children seeking coverage under this Part does not exceed three percent of the family's monthly countable income as determined under Section 123.230.

ii)         For a child who would be eligible for All Kids Premium Level 4, the cost of the monthly premiums for coverage of all children seeking coverage under this Part does not exceed four percent of the family's monthly countable income as determined under Section 123.230.

iii)         For a child who would be eligible for All Kids Premium Levels 5-8, the cost of the monthly premium for coverage of the child does not exceed five percent of the family's monthly countable income as determined under Section 123.230.

C)        For the purposes of this subsection (d)(2), health insurance shall be considered unavailable to the child if subsection (d)(1)(D), (E), or (G) apply.