093_SB0130ham001











                                     LRB093 04054 LRD 16082 a

 1                    AMENDMENT TO SENATE BILL 130

 2        AMENDMENT NO.     .  Amend Senate Bill 130  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Children's Health Insurance Program Act
 5    is amended by changing Sections 20 and 40 as follows:

 6        (215 ILCS 106/20)
 7        (Section scheduled to be repealed on July 1, 2003)
 8        Sec. 20.  Eligibility.
 9        (a)  To be eligible for this Program, a person must be  a
10    person  who  has  a  child eligible under this Act and who is
11    eligible under a waiver of federal requirements  pursuant  to
12    an application made pursuant to subdivision (a)(1) of Section
13    40 of this Act or who is a child who:
14             (1)  is  a  child  who  is  not eligible for medical
15        assistance;
16             (2)  is a child whose annual  household  income,  as
17        determined  by  the  Department,  is  above  133%  of the
18        federal poverty level and at or below 200%  185%  of  the
19        federal poverty level;
20             (3)  is a  resident of the State of Illinois; and
21             (4)  is  a  child  who  is  either  a  United States
22        citizen or included in one of the following categories of
 
                            -2-      LRB093 04054 LRD 16082 a
 1        non-citizens:
 2                  (A)  unmarried dependent children of  either  a
 3             United  States  Veteran  honorably  discharged  or a
 4             person on active military duty;
 5                  (B)  refugees  under   Section   207   of   the
 6             Immigration and Nationality Act;
 7                  (C)  asylees   under   Section   208   of   the
 8             Immigration and Nationality Act;
 9                  (D)  persons  for  whom  deportation  has  been
10             withheld  under  Section  243(h)  of the Immigration
11             and Nationality Act;
12                  (E)  persons granted  conditional  entry  under
13             Section 203(a)(7) of the Immigration and Nationality
14             Act as in effect prior to April 1, 1980;
15                  (F)  persons  lawfully  admitted  for permanent
16             residence under the Immigration and Nationality Act;
17             and
18                  (G)  parolees, for at  least  one  year,  under
19             Section 212(d)(5) of the Immigration and Nationality
20             Act.
21        Those  children  who  are  in the categories set forth in
22    subdivisions (4)(F) and (4)(G) of this subsection, who  enter
23    the  United  States on or after August 22, 1996, shall not be
24    eligible for 5 years beginning on the date the child  entered
25    the United States.
26        (b)  A  child  who  is  determined  to  be  eligible  for
27    assistance  may  remain  eligible for 12 months, provided the
28    child maintains his or her residence in the  State,  has  not
29    yet attained 19 years of age, and is not excluded pursuant to
30    subsection  (c).   A  child  who  has  been  determined to be
31    eligible for assistance must reapply or  otherwise  establish
32    eligibility  at  least  annually.  An eligible child shall be
33    required, as determined by the Department by rule, to  report
34    promptly those changes in income and other circumstances that
 
                            -3-      LRB093 04054 LRD 16082 a
 1    affect  eligibility.   The  eligibility  of  a  child  may be
 2    redetermined based on the  information  reported  or  may  be
 3    terminated  based  on  the  failure  to  report or failure to
 4    report  accurately.   A  child's  responsible   relative   or
 5    caretaker  may  also be held liable to the Department for any
 6    payments made by the Department on such child's  behalf  that
 7    were  inappropriate.  An  applicant  shall  be  provided with
 8    notice of these obligations.
 9        (c)  A child shall not be  eligible  for  coverage  under
10    this Program if:
11             (1)  the  premium required pursuant to Section 30 of
12        this Act has not been paid.  If the required premiums are
13        not paid the liability of the Program shall be limited to
14        benefits incurred under the Program for the  time  period
15        for  which  premiums  had  been  paid.   If  the required
16        monthly  premium  is  not  paid,  the  child   shall   be
17        ineligible  for  re-enrollment  for a minimum period of 3
18        months.  Re-enrollment shall be completed  prior  to  the
19        next covered medical visit and the first month's required
20        premium  shall  be  paid  in  advance of the next covered
21        medical visit.  The  Department  shall  promulgate  rules
22        regarding grace periods, notice requirements, and hearing
23        procedures pursuant to this subsection;
24             (2)  the  child is an inmate of a public institution
25        or a patient in an institution for mental diseases; or
26             (3)  the child is a  member  of  a  family  that  is
27        eligible  for  health benefits covered under the State of
28        Illinois health benefits plan on the basis of a  member's
29        employment with a public agency.
30    (Source: P.A. 92-597, eff. 6-28-02.)

31        (215 ILCS 106/40)
32        (Section scheduled to be repealed on July 1, 2003)
33        Sec. 40.  Waivers.
 
                            -4-      LRB093 04054 LRD 16082 a
 1        (a)  The  Department  shall request any necessary waivers
 2    of federal requirements in order to allow receipt of  federal
 3    funding for:
 4             (1)  the coverage of families with eligible children
 5        under this Act; and
 6             (2)  for   the   coverage   of  children  who  would
 7        otherwise be eligible under this Act, but who have health
 8        insurance.
 9        (b)  The failure of the  responsible  federal  agency  to
10    approve a waiver for children who would otherwise be eligible
11    under  this  Act  but  who  have  health  insurance shall not
12    prevent  the  implementation  of  any  Section  of  this  Act
13    provided that there are sufficient appropriated funds.
14        (c)  Eligibility of a person under an approved waiver due
15    to the relationship with a child pursuant to Article V of the
16    Illinois Public Aid Code or this Act shall be limited to such
17    a  person  whose  countable  income  is  determined  by   the
18    Department to be at or below such income eligibility standard
19    as  the Department by rule shall establish.  The income level
20    established by the Department shall not be below 90%  65%  of
21    the  federal  poverty level.  Such persons who are determined
22    to  be  eligible  must  reapply,   or   otherwise   establish
23    eligibility,  at least annually.  An eligible person shall be
24    required, as determined by the Department by rule, to  report
25    promptly those changes in income and other circumstances that
26    affect  eligibility.   The  eligibility  of  a  person may be
27    redetermined based on the  information  reported  or  may  be
28    terminated  based  on  the  failure  to  report or failure to
29    report accurately.  A person may also be held liable  to  the
30    Department  for  any  payments made by the Department on such
31    person's behalf that were inappropriate.  An applicant  shall
32    be provided with notice of these obligations.
33    (Source: P.A. 92-597, eff. 6-28-02.)
 
                            -5-      LRB093 04054 LRD 16082 a
 1        (215 ILCS 106/97 rep.)
 2        Section  10.  The Children's Health Insurance Program Act
 3    is amended by repealing Section 97.

 4        Section 99.  Effective date.  This Act takes effect  upon
 5    becoming law.".