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91_HB4462
LRB9111599DJdv
1 AN ACT to amend the Illinois Public Aid Code by adding
2 Section 5-23.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 adding Section 5-23 as follows:
7 (305 ILCS 5/5-23 new)
8 Sec. 5-23. Purchase of medical assistance.
9 (a) In this Section, "federal poverty guidelines" means
10 the poverty guidelines updated annually in the Federal
11 Register by the United States Department of Health and Human
12 Services under authority of section 673(2) of the Omnibus
13 Budget Reconciliation Act of 1981.
14 (b) A person who meets the following criteria may
15 purchase medical assistance under this Article:
16 (1) The person is disabled within the meaning of the
17 Social Security Act and:
18 (A) is a recipient of either Supplemental
19 Security Income or Social Security Disability
20 Insurance benefits based on that disability; or
21 (B) would be a recipient of either Supplemental
22 Security Income or Social Security Disability
23 Insurance benefits based on that disability but is
24 ineligible for those benefits based solely on the
25 amount of the person's earned income.
26 (2) The person's assets do not exceed $10,000,
27 excluding any amounts in a retirement account, assistive
28 technology account, medical savings account, or other
29 account designed to enable the person to achieve
30 self-sufficiency.
31 (3) The person's earned income is less than 250% of
-2- LRB9111599DJdv
1 the federal poverty guidelines.
2 (c) In determining a person's eligibility to purchase
3 medical assistance under this Section, the Illinois
4 Department shall disregard the following:
5 (1) The person's unearned income, up the
6 Supplemental Security Income payment amount then in
7 effect.
8 (2) The person's spouse's assets and earned and
9 unearned income.
10 (d) The Illinois Department shall adopt rules
11 establishing the premiums to be paid to purchase medical
12 assistance under this Section. The rules shall establish
13 premiums at at the following rates:
14 (1) If the total of the person's earned income and
15 countable unearned income is less than 185% of the
16 federal poverty guidelines, $0.
17 (2) If the total of the person's earned income and
18 countable unearned income is at least 185% of the federal
19 poverty guidelines but less than 250% of the federal
20 poverty guidelines, 7.5% of the amount of the person's
21 earned income and countable unearned income that exceeds
22 185% of the federal poverty guidelines.
23 (e) The Illinois Department shall adopt rules for
24 determining a person's earned income for purposes of
25 subdivision (b)(3) and subsection (d). The rules shall
26 require (i) the use of the same earned income disregards used
27 to determine eligibility for Supplemental Security Income and
28 (ii) the deduction of impairment-related work expenses, as
29 defined in the Social Security Act, from the person's earned
30 income.