Human Services Committee
Adopted in House Comm. on Feb 25, 2009
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1 | AMENDMENT TO HOUSE BILL 766
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2 | AMENDMENT NO. ______. Amend House Bill 766 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | adding Section 1-8.5 as follows: | ||||||
6 | (305 ILCS 5/1-8.5 new) | ||||||
7 | Sec. 1-8.5. Eligibility for medical assistance during | ||||||
8 | periods of incarceration or detention. | ||||||
9 | (a) To the extent permitted by federal law and | ||||||
10 | notwithstanding any other provision of this Code, the | ||||||
11 | Department of Healthcare and Family Services shall not cancel a | ||||||
12 | person's eligibility for medical assistance solely because | ||||||
13 | that person has become an inmate of a public institution, | ||||||
14 | including, but not limited to, a county jail, juvenile | ||||||
15 | detention center, or State correctional facility. The person | ||||||
16 | may remain enrolled for medical assistance as long as all other |
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1 | eligibility criteria are met. | ||||||
2 | (b) The Department may adopt rules to permit a person to | ||||||
3 | apply for medical assistance while he or she is an inmate of a | ||||||
4 | public institution as described in subsection (a). The rules | ||||||
5 | may limit applications to persons who would be likely to | ||||||
6 | qualify for medical assistance if they resided in the | ||||||
7 | community. Any such person who is not already enrolled for | ||||||
8 | medical assistance may apply for medical assistance no more | ||||||
9 | than 30 days prior to the date of scheduled release or | ||||||
10 | discharge from a penal institution or county jail or similar | ||||||
11 | status. | ||||||
12 | (c) Except as provided under Section 17 of the County Jail | ||||||
13 | Act, the Department shall not be responsible to provide medical | ||||||
14 | assistance under this Code for any medical care, services, or | ||||||
15 | supplies provided to a person while he or she is an inmate of a | ||||||
16 | public institution as described in subsection (a). The | ||||||
17 | responsibility for providing medical care shall remain as | ||||||
18 | otherwise provided by law with the Department of Corrections, | ||||||
19 | county, or other arresting authority. The Department may seek | ||||||
20 | federal financial participation, to the extent that it is | ||||||
21 | available and with the cooperation of the Department of | ||||||
22 | Juvenile Justice, the Department of Corrections, or the | ||||||
23 | relevant county, for the costs of those services. | ||||||
24 | (d) To the extent permitted under State and federal law, | ||||||
25 | the Department shall develop procedures to expedite required | ||||||
26 | periodic reviews of continued eligibility for persons |
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1 | described in subsection (a). | ||||||
2 | (e) Counties, the Department of Juvenile Justice, and the | ||||||
3 | Department of Corrections shall cooperate with the Department | ||||||
4 | in administering this Section. That cooperation shall include | ||||||
5 | sharing information sufficient to inform the Department, in a | ||||||
6 | manner established by the Department, that a person enrolled in | ||||||
7 | the medical assistance program has been detained or | ||||||
8 | incarcerated. The Department of Human Services shall cooperate | ||||||
9 | with the Department in making determinations of eligibility | ||||||
10 | under this Section. | ||||||
11 | (f) The Department shall resume responsibility for | ||||||
12 | providing medical assistance upon release of the person to the | ||||||
13 | community as long as all of the following apply: | ||||||
14 | (1) The person is enrolled for medical assistance at | ||||||
15 | the time of release. | ||||||
16 | (2) Neither a county, the Department of Juvenile | ||||||
17 | Justice, the Department of Corrections, nor any other | ||||||
18 | criminal justice authority continues to bear | ||||||
19 | responsibility for the person's medical care. | ||||||
20 | (3) The county, the Department of Juvenile Justice, or | ||||||
21 | the Department of Corrections provides timely notice of the | ||||||
22 | date of release in a manner established by the Department. | ||||||
23 | (g) This Section applies on and after July 1, 2010. ".
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