104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2813

 

Introduced 1/13/2026, by Sen. Mike Simmons

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/5-4.1  from Ch. 23, par. 5-4.1

    Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall not require any medical assistance recipient to pay a co-payment for services or prescription medications. Requires the Department to apply for any State Plan amendment or federal approval necessary to implement the amendatory Act, if required.


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A BILL FOR

 

SB2813LRB104 16865 KTG 30275 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 5. The Illinois Public Aid Code is amended by
5changing Section 5-4.1 as follows:
 
6    (305 ILCS 5/5-4.1)  (from Ch. 23, par. 5-4.1)
7    Sec. 5-4.1. Co-payments prohibited. The Department shall
8not require any recipient of medical assistance under any
9Article of this Code to pay a co-payment for services or
10prescription medications. The Department shall apply for any
11State Plan amendment or federal approval necessary to
12implement this Section, if required. The Department may by
13rule provide that recipients under any Article of this Code
14shall pay a federally approved fee as a co-payment for
15services. No co-payment requirement can exist for renal
16dialysis, radiation therapy, cancer chemotherapy, or insulin,
17and other products necessary on a recurring basis, the absence
18of which would be life threatening, or where co-payment
19expenditures for required services and/or medications for
20chronic diseases that the Illinois Department shall by rule
21designate shall cause an extensive financial burden on the
22recipient, and provided no co-payment shall exist for
23emergency room encounters which are for medical emergencies.

 

 

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1The Department shall seek approval of a State plan amendment
2that allows pharmacies to refuse to dispense drugs in
3circumstances where the recipient does not pay the required
4co-payment. Co-payments may not exceed $10 for emergency room
5use for a non-emergency situation as defined by the Department
6by rule and subject to federal approval.
7(Source: P.A. 101-209, eff. 8-5-19.)