Human Services Committee
Adopted in House Comm. on Feb 25, 2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 766




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    AMENDMENT NO. ______. Amend House Bill 766 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Public Aid Code is amended  by 
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adding Section 1-8.5 as follows:
 
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    (305 ILCS 5/1-8.5  new)
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    Sec. 1-8.5. Eligibility for medical assistance during 
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periods of incarceration or detention.
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    (a) To the extent permitted by federal law and 
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notwithstanding any other provision of this Code, the 
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Department of Healthcare and Family Services shall not cancel a 
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person's eligibility for medical assistance solely because 
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that person has become an inmate of a public institution, 
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including, but not limited to, a county jail, juvenile 
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detention center, or State correctional facility.  The person 
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may remain enrolled for medical assistance as long as all other 
 


 






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eligibility criteria are met.
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    (b) The Department may adopt rules to permit a person to 
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apply for medical assistance while he or she is an inmate of a 
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public institution as described in subsection (a).  The rules 
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may limit applications to persons who would be likely to 
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qualify for medical assistance if they resided in the 
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community. Any such person who is not already enrolled for 
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medical assistance may apply for medical assistance no more 
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than 30 days prior to the date of scheduled release or 
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discharge from a penal institution or county jail or similar 
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status.
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    (c) Except as provided under Section 17 of the County Jail 
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Act, the Department shall not be responsible to provide medical 
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assistance under this Code for any medical care, services, or 
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supplies provided to a person while he or she is an inmate of a 
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public institution as described in subsection (a).  The 
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responsibility for providing medical care shall remain as 
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otherwise provided by law with the Department of Corrections, 
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county, or other arresting authority.  The Department may seek 
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federal financial participation, to the extent that it is 
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available and with the cooperation of the Department of 
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Juvenile Justice, the Department of Corrections, or the 
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relevant county, for the costs of those services.
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    (d) To the extent permitted under State and federal law, 
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the Department shall develop procedures to expedite required 
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periodic reviews of continued eligibility for persons 
 


 






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described in subsection (a).
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    (e) Counties, the Department of Juvenile Justice, and the 
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Department of Corrections shall cooperate with the Department 
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in administering this Section.  That cooperation shall include 
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sharing information sufficient to inform the Department, in a 
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manner established by the Department, that a person enrolled in 
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the medical assistance program has been detained or 
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incarcerated.  The Department of Human Services shall cooperate 
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with the Department in making determinations of eligibility 
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under this Section.
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    (f) The Department shall resume responsibility for 
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providing medical assistance upon release of the person to the 
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community as long as all of the following apply:
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        (1) The person is enrolled for medical assistance at 
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    the time of release.
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        (2) Neither a county, the Department of Juvenile 
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    Justice, the Department of Corrections, nor any other 
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    criminal justice authority continues to bear 
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    responsibility for the person's medical care.
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        (3) The county, the Department of Juvenile Justice, or 
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    the Department of Corrections provides timely notice of the 
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    date of release in a manner established by the Department.
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    (g) This Section applies on and after July 1, 2010.".