HB1046 EnrolledLRB098 07338 KTG 37401 b

1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. The Illinois Public Aid Code is amended by
5changing Section 1-8.5 as follows:
6    (305 ILCS 5/1-8.5)
7    Sec. 1-8.5. Eligibility for medical assistance during
8periods of incarceration or detention.
9    (a) To the extent permitted by federal law and
10notwithstanding any other provision of this Code, the
11Department of Healthcare and Family Services shall not cancel a
12person's eligibility for medical assistance solely because
13that person has become an inmate of a public institution,
14including, but not limited to, a county jail, juvenile
15detention center, or State correctional facility. The person
16may remain enrolled for medical assistance as long as all other
17eligibility criteria are met.
18    (b) The Department may adopt rules to permit a person to
19apply for medical assistance while he or she is an inmate of a
20public institution as described in subsection (a). The rules
21may limit applications to persons who would be likely to
22qualify for medical assistance if they resided in the
23community. Any such person who is not already enrolled for



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1medical assistance may apply for medical assistance no more
2than 30 days prior to the date of scheduled release or
3discharge from a penal institution or county jail or similar
5    (c) Except as provided under Section 17 of the County Jail
6Act, the Department shall not be responsible to provide medical
7assistance under this Code for any medical care, services, or
8supplies provided to a person while he or she is an inmate of a
9public institution as described in subsection (a). The
10responsibility for providing medical care shall remain as
11otherwise provided by law with the Department of Corrections,
12county, or other arresting authority. The Department may seek
13federal financial participation, to the extent that it is
14available and with the cooperation of the Department of
15Juvenile Justice, the Department of Corrections, or the
16relevant county, for the costs of those services.
17    (d) To the extent permitted under State and federal law,
18the Department shall develop procedures to expedite required
19periodic reviews of continued eligibility for persons
20described in subsection (a).
21    (e) Counties, the Department of Juvenile Justice, the
22Department of Human Services, and the Department of Corrections
23shall cooperate with the Department in administering this
24Section. That cooperation shall include managing eligibility
25processing and sharing information sufficient to inform the
26Department, in a manner established by the Department, that a



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1person enrolled in the medical assistance program has been
2detained or incarcerated.
3    (f) The Department shall resume responsibility for
4providing medical assistance upon release of the person to the
5community as long as all of the following apply:
6        (1) The person is enrolled for medical assistance at
7    the time of release.
8        (2) Neither a county, the Department of Juvenile
9    Justice, the Department of Corrections, nor any other
10    criminal justice authority continues to bear
11    responsibility for the person's medical care.
12        (3) The county, the Department of Juvenile Justice, or
13    the Department of Corrections provides timely notice of the
14    date of release in a manner established by the Department.
15    (g) This Section applies on and after December 31, 2011.
16(Source: P.A. 96-872, eff. 6-1-10.)