HB6636 95TH GENERAL ASSEMBLY

LRB095 20918 DRJ 49848 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB6636

Introduced , by Rep. Gary Hannig

SYNOPSIS AS INTRODUCED:

20 ILCS 2310/2310-394 new
305 ILCS 5/5-5.26 new

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois and the Illinois Public Aid Code. Requires the Department of Public Health (IDPH), subject to appropriation, to establish a program of services for persons with multiple sclerosis (MS) to help those persons stay in their homes and out of institutions. Provides that to be eligible for the program, a person must have applied for benefits under the Department of Human Services' Home Services Program (HSP) and must have been determined ineligible for that program because his or her retirement or life insurance assets exceeded the applicable limits. Provides for an asset limit of $17,500 for the IDPH program but exempts retirement or life insurance assets up to $500,000. Requires the Department of Healthcare and Family Services to apply for a federal waiver for Medicaid eligibility for HSP services for persons with MS who are over age 60 and who have retirement or life insurance assets up to $500,000. Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion. Effective July 1, 2008.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-394 as follows:

(20 ILCS 2310/2310-394 new)

Sec. 2310-394. Multiple sclerosis; home services.

(a) Subject to appropriation, the Department shall create a program of services for persons with multiple sclerosis to help those persons stay in their homes and out of institutions. The Department shall collaborate with consumers to develop a program of services that is consumer directed.

(1) There shall be meaningful consumer participation in all aspects of program design, review, and improvement.

(2) A review committee shall be established, comprised of consumers and other stakeholders. The committee shall meet at least once a year to evaluate the program, including quality assurance data, and shall submit program recommendations to the Department.

(3) Consumers shall have control in the selection, management, and termination of providers.

(4) Providers shall be educated about consumer-directed services and multiple sclerosis.

(b) To be eligible for the program, a person must meet the following requirements:

(1) He or she must have a current diagnosis of multiple sclerosis.

(2) He or she must have applied for benefits under the Home Services Program operated by the Department of Human Services and must have been determined not eligible for benefits under that program because his or her retirement assets or life insurance assets, or both, exceeded the limits applicable to that program.

(3) He or she must have assets not exceeding $17,500. In determining whether a person's assets meet this requirement, the Department must disregard retirement assets or life insurance assets, or both, up to a total of $500,000.

(c) This Section does not create any new entitlement to a service, program, or benefit, but does not affect any entitlement to a service, program, or benefit created by any other law.

(d) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

Section 10. The Illinois Public Aid Code is amended by adding Section 5-5.26 as follows:

(305 ILCS 5/5-5.26 new)

Sec. 5-5.26. Multiple sclerosis; home services; waiver. The Department of Healthcare and Family Services shall apply for a waiver of federal law and regulations to the extent necessary to claim federal financial participation for medical assistance for services provided under the Department of Human Services' Home Services Program for persons with multiple sclerosis who are over 60 years of age and have retirement assets or life insurance assets, or both, that do not exceed a total of $500,000.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

Section 99. Effective date. This Act takes effect July 1, 2008.