Public Act 098-0139
 
HB1046 EnrolledLRB098 07338 KTG 37401 b



    AN ACT concerning public aid.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 1. The Illinois Public Aid Code is amended by 
changing Section 1-8.5 as follows:
 
    (305 ILCS 5/1-8.5)
    Sec. 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 
medical assistance may apply for medical assistance no more 
than 30 days prior to the date of scheduled release or 
discharge from a penal institution or county jail or similar 
status.
    (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 
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.)