102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3493

 

Introduced 2/22/2021, by Rep. Delia C. Ramirez

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/12-4.35

    Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may provide medical services to noncitizens 19 years of age through 64 years of age who (i) are not eligible for medical assistance under the Medical Assistance Program due to their not meeting the citizenship requirements under the Code and (ii) have income at or below 133% of the federal poverty level plus 5% for the applicable family size as determined under applicable federal law and regulations. Provides that persons eligible for medical services under the amendatory Act shall receive benefits identical to the benefits provided under the Health Benefits Service Package as defined under the Medical Assistance Article of the Code.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 12-4.35 as follows:
 
6    (305 ILCS 5/12-4.35)
7    Sec. 12-4.35. Medical services for certain noncitizens.
8    (a) Notwithstanding Section 1-11 of this Code or Section
920(a) of the Children's Health Insurance Program Act, the
10Department of Healthcare and Family Services may provide
11medical services to noncitizens who have not yet attained 19
12years of age and who are not eligible for medical assistance
13under Article V of this Code or under the Children's Health
14Insurance Program created by the Children's Health Insurance
15Program Act due to their not meeting the otherwise applicable
16provisions of Section 1-11 of this Code or Section 20(a) of the
17Children's Health Insurance Program Act. The medical services
18available, standards for eligibility, and other conditions of
19participation under this Section shall be established by rule
20by the Department; however, any such rule shall be at least as
21restrictive as the rules for medical assistance under Article
22V of this Code or the Children's Health Insurance Program
23created by the Children's Health Insurance Program Act.

 

 

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1    (a-5) Notwithstanding Section 1-11 of this Code, the
2Department of Healthcare and Family Services may provide
3medical assistance in accordance with Article V of this Code
4to noncitizens over the age of 65 years of age who are not
5eligible for medical assistance under Article V of this Code
6due to their not meeting the otherwise applicable provisions
7of Section 1-11 of this Code, whose income is at or below 100%
8of the federal poverty level after deducting the costs of
9medical or other remedial care, and who would otherwise meet
10the eligibility requirements in Section 5-2 of this Code. The
11medical services available, standards for eligibility, and
12other conditions of participation under this Section shall be
13established by rule by the Department; however, any such rule
14shall be at least as restrictive as the rules for medical
15assistance under Article V of this Code.
16    (a-6) Notwithstanding Section 1-11 of this Code, the
17Department of Healthcare and Family Services may provide
18medical services to noncitizens 19 years of age through 64
19years of age who (i) are not eligible for medical assistance
20under Article V of this Code due to their not meeting the
21otherwise applicable provisions of Section 1-11 of this Code
22and (ii) have income at or below 133% of the federal poverty
23level plus 5% for the applicable family size as determined
24under applicable federal law and regulations. Persons eligible
25for medical services under this amendatory Act of the 102nd
26General Assembly shall receive benefits identical to the

 

 

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1benefits provided under the Health Benefits Service Package as
2that term is defined in subsection (m) of Section 5-1.1 of this
3Code.
4    (b) The Department is authorized to take any action,
5including without limitation cessation or limitation of
6enrollment, reduction of available medical services, and
7changing standards for eligibility, that is deemed necessary
8by the Department during a State fiscal year to assure that
9payments under this Section do not exceed available funds.
10    (c) Continued enrollment of individuals into the program
11created under subsection (a) of this Section in any fiscal
12year is contingent upon continued enrollment of individuals
13into the Children's Health Insurance Program during that
14fiscal year.
15    (d) (Blank).
16(Source: P.A. 101-636, eff. 6-10-20.)