Public Act 93-0063
SB130 Enrolled LRB093 04054 JLS 04093 b
AN ACT concerning the children's health insurance
program.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children's Health Insurance Program Act
is amended by changing Sections 20 and 40 as follows:
(215 ILCS 106/20)
(Section scheduled to be repealed on July 1, 2003)
Sec. 20. Eligibility.
(a) To be eligible for this Program, a person must be a
person who has a child eligible under this Act and who is
eligible under a waiver of federal requirements pursuant to
an application made pursuant to subdivision (a)(1) of Section
40 of this Act or who is a child who:
(1) is a child who is not eligible for medical
assistance;
(2) is a child whose annual household income, as
determined by the Department, is above 133% of the
federal poverty level and at or below 200% 185% of the
federal poverty level;
(3) is a resident of the State of Illinois; and
(4) is a child who is either a United States
citizen or included in one of the following categories of
non-citizens:
(A) unmarried dependent children of either a
United States Veteran honorably discharged or a
person on active military duty;
(B) refugees under Section 207 of the
Immigration and Nationality Act;
(C) asylees under Section 208 of the
Immigration and Nationality Act;
(D) persons for whom deportation has been
withheld under Section 243(h) of the Immigration
and Nationality Act;
(E) persons granted conditional entry under
Section 203(a)(7) of the Immigration and Nationality
Act as in effect prior to April 1, 1980;
(F) persons lawfully admitted for permanent
residence under the Immigration and Nationality Act;
and
(G) parolees, for at least one year, under
Section 212(d)(5) of the Immigration and Nationality
Act.
Those children who are in the categories set forth in
subdivisions (4)(F) and (4)(G) of this subsection, who enter
the United States on or after August 22, 1996, shall not be
eligible for 5 years beginning on the date the child entered
the United States.
(b) A child who is determined to be eligible for
assistance may remain eligible for 12 months, provided the
child maintains his or her residence in the State, has not
yet attained 19 years of age, and is not excluded pursuant to
subsection (c). A child who has been determined to be
eligible for assistance must reapply or otherwise establish
eligibility at least annually. An eligible child shall be
required, as determined by the Department by rule, to report
promptly those changes in income and other circumstances that
affect eligibility. The eligibility of a child may be
redetermined based on the information reported or may be
terminated based on the failure to report or failure to
report accurately. A child's responsible relative or
caretaker may also be held liable to the Department for any
payments made by the Department on such child's behalf that
were inappropriate. An applicant shall be provided with
notice of these obligations.
(c) A child shall not be eligible for coverage under
this Program if:
(1) the premium required pursuant to Section 30 of
this Act has not been paid. If the required premiums are
not paid the liability of the Program shall be limited to
benefits incurred under the Program for the time period
for which premiums had been paid. If the required
monthly premium is not paid, the child shall be
ineligible for re-enrollment for a minimum period of 3
months. Re-enrollment shall be completed prior to the
next covered medical visit and the first month's required
premium shall be paid in advance of the next covered
medical visit. The Department shall promulgate rules
regarding grace periods, notice requirements, and hearing
procedures pursuant to this subsection;
(2) the child is an inmate of a public institution
or a patient in an institution for mental diseases; or
(3) the child is a member of a family that is
eligible for health benefits covered under the State of
Illinois health benefits plan on the basis of a member's
employment with a public agency.
(Source: P.A. 92-597, eff. 6-28-02.)
(215 ILCS 106/40)
(Section scheduled to be repealed on July 1, 2003)
Sec. 40. Waivers.
(a) The Department shall request any necessary waivers
of federal requirements in order to allow receipt of federal
funding for:
(1) the coverage of families with eligible children
under this Act; and
(2) for the coverage of children who would
otherwise be eligible under this Act, but who have health
insurance.
(b) The failure of the responsible federal agency to
approve a waiver for children who would otherwise be eligible
under this Act but who have health insurance shall not
prevent the implementation of any Section of this Act
provided that there are sufficient appropriated funds.
(c) Eligibility of a person under an approved waiver due
to the relationship with a child pursuant to Article V of the
Illinois Public Aid Code or this Act shall be limited to such
a person whose countable income is determined by the
Department to be at or below such income eligibility standard
as the Department by rule shall establish. The income level
established by the Department shall not be below 90% 65% of
the federal poverty level. Such persons who are determined
to be eligible must reapply, or otherwise establish
eligibility, at least annually. An eligible person shall be
required, as determined by the Department by rule, to report
promptly those changes in income and other circumstances that
affect eligibility. The eligibility of a person may be
redetermined based on the information reported or may be
terminated based on the failure to report or failure to
report accurately. A person may also be held liable to the
Department for any payments made by the Department on such
person's behalf that were inappropriate. An applicant shall
be provided with notice of these obligations.
(Source: P.A. 92-597, eff. 6-28-02.)
(215 ILCS 106/97 rep.)
Section 10. The Children's Health Insurance Program Act
is amended by repealing Section 97.
Section 99. Effective date. This Act takes effect upon
becoming law.