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AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Public Aid Code is amended by
changing Section 1-8.5 as follows:
(305 ILCS 5/1-8.5)
Eligibility for medical assistance during
periods of incarceration or detention.
(a) To the extent permitted by federal law and
notwithstanding any other provision of this Code, the
Department of Healthcare and Family Services shall not cancel a
person's eligibility for medical assistance solely because
that person has become an inmate of a public institution,
including, but not limited to, a county jail, juvenile
detention center, or State correctional facility. The person
may remain enrolled for medical assistance as long as all other
eligibility criteria are met.
(b) The Department may adopt rules to permit a person to
apply for medical assistance while he or she is an inmate of a
public institution as described in subsection (a). The rules
may limit applications to persons who would be likely to
qualify for medical assistance if they resided in the
community. Any such person who is not already enrolled for
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medical assistance may apply for medical assistance
than 30 days
prior to the date of scheduled release or
discharge from a penal institution or county jail or similar
(c) Except as provided under Section 17 of the County Jail
Act, the Department shall not be responsible to provide medical
assistance under this Code for any medical care, services, or
supplies provided to a person while he or she is an inmate of a
public institution as described in subsection (a). The
responsibility for providing medical care shall remain as
otherwise provided by law with the Department of Corrections,
county, or other arresting authority. The Department may seek
federal financial participation, to the extent that it is
available and with the cooperation of the Department of
Juvenile Justice, the Department of Corrections, or the
relevant county, for the costs of those services.
(d) To the extent permitted under State and federal law,
the Department shall develop procedures to expedite required
periodic reviews of continued eligibility for persons
described in subsection (a).
(e) Counties, the Department of Juvenile Justice, the
Department of Human Services, and the Department of Corrections
shall cooperate with the Department in administering this
Section. That cooperation shall include managing eligibility
processing and sharing information sufficient to inform the
Department, in a manner established by the Department, that a
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person enrolled in the medical assistance program has been
detained or incarcerated.
(f) The Department shall resume responsibility for
providing medical assistance upon release of the person to the
community as long as all of the following apply:
(1) The person is enrolled for medical assistance at
the time of release.
(2) Neither a county, the Department of Juvenile
Justice, the Department of Corrections, nor any other
criminal justice authority continues to bear
responsibility for the person's medical care.
(3) The county, the Department of Juvenile Justice, or
the Department of Corrections provides timely notice of the
date of release in a manner established by the Department.
(g) This Section applies on and after December 31, 2011.
(Source: P.A. 96-872, eff. 6-1-10