Human Services Committee

Filed: 5/25/2004

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3191

2     AMENDMENT NO. ______. Amend Senate Bill 3191 by replacing
3 the title with the following:
4     "AN ACT in relation to health."; and
5
6 by replacing everything after the enacting clause with the
7 following:
 
8     "Section 1. Short title. This Act may be cited as the
9 African-American HIV/AIDS Response Act.
 
10     Section 5. Legislative finding. The General Assembly finds
11 that HIV/AIDS in the African-American community is a crisis
12 separate and apart from the overall issue of HIV/AIDS in other
13 communities.
 
14     Section 10. African-American HIV/AIDS Response Officer. An
15 African-American HIV/AIDS Response Officer, responsible for
16 coordinating efforts to address the African-American AIDS
17 crisis within his or her respective Office or Department and
18 serving as a liaison to governmental and non-governmental
19 entities beyond his or her respective Office or Department
20 regarding the same, shall be designated in each of the
21 following:
22         (1) The Office of the Governor.
23         (2) The Department of Human Services.

 

 

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1         (3) The Department of Public Health.
2         (4) The Department of Corrections.
 
3     Section 15. State agencies; HIV testing.
4     (a) In this Section:
5     "High-risk community" means a community designated as
6 high-risk by the Department of Public Health in rules.
7     "High-traffic facility" means a high-traffic facility as
8 defined by the Department of Central Management Services in
9 rules.
10     "State agency" means (i) any department of State government
11 created under Section 5-15 of the Departments of State
12 Government Law of the Civil Administrative Code of Illinois or
13 (ii) the Office of the Secretary of State.
14     (b) The Department of Public Health shall coordinate the
15 response to HIV/AIDS in the African-American community.
16     (c) A State agency that operates a facility that (i) is
17 accessible to the public, (ii) is a high-traffic facility, and
18 (iii) serves a high-risk community must provide the following
19 in each such facility where space and security reasonably
20 permit: space for free HIV counseling and antibody testing, in
21 accordance with the AIDS Confidentiality Act and rules adopted
22 by the Department of Public Health.
23     (d) Neither the State of Illinois nor any State agency
24 supplying space for services authorized by this Section shall
25 be liable for damages based on the provision of such space or
26 claimed to result from any services performed in such space,
27 except that this immunity does not apply in the case of willful
28 and wanton misconduct.
 
29     Section 20. Rules.
30     (a) No later than January 15, 2005, the Department of
31 Public Health shall issue proposed rules for designating
32 high-risk communities and for implementing subsection (c) of

 

 

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1 Section 15. The rules must include, but may not be limited to,
2 a standard testing protocol, training for staff,
3 community-based organization experience, and the removal and
4 proper disposal of hazardous waste.
5     (b) No later than January 15, 2005, the Department of
6 Central Management Services shall issue proposed rules
7 defining high-traffic facilities.
 
8     Section 90. The Illinois Public Aid Code is amended by
9 changing Sections 5-2 and 9A-4 and by adding Section 5-5.04 as
10 follows:
 
11     (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
12     Sec. 5-2. Classes of Persons Eligible. Medical assistance
13 under this Article shall be available to any of the following
14 classes of persons in respect to whom a plan for coverage has
15 been submitted to the Governor by the Illinois Department and
16 approved by him:
17     1. Recipients of basic maintenance grants under Articles
18 III and IV.
19     2. Persons otherwise eligible for basic maintenance under
20 Articles III and IV but who fail to qualify thereunder on the
21 basis of need, and who have insufficient income and resources
22 to meet the costs of necessary medical care, including but not
23 limited to the following:
24         (a) All persons otherwise eligible for basic
25     maintenance under Article III but who fail to qualify under
26     that Article on the basis of need and who meet either of
27     the following requirements:
28             (i) their income, as determined by the Illinois
29         Department in accordance with any federal
30         requirements, is equal to or less than 70% in fiscal
31         year 2001, equal to or less than 85% in fiscal year
32         2002 and until a date to be determined by the

 

 

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1         Department by rule, and equal to or less than 100%
2         beginning on the date determined by the Department by
3         rule, of the nonfarm income official poverty line, as
4         defined by the federal Office of Management and Budget
5         and revised annually in accordance with Section 673(2)
6         of the Omnibus Budget Reconciliation Act of 1981,
7         applicable to families of the same size; or
8             (ii) their income, after the deduction of costs
9         incurred for medical care and for other types of
10         remedial care, is equal to or less than 70% in fiscal
11         year 2001, equal to or less than 85% in fiscal year
12         2002 and until a date to be determined by the
13         Department by rule, and equal to or less than 100%
14         beginning on the date determined by the Department by
15         rule, of the nonfarm income official poverty line, as
16         defined in item (i) of this subparagraph (a).
17         (b) All persons who would be determined eligible for
18     such basic maintenance under Article IV by disregarding the
19     maximum earned income permitted by federal law.
20     3. Persons who would otherwise qualify for Aid to the
21 Medically Indigent under Article VII.
22     4. Persons not eligible under any of the preceding
23 paragraphs who fall sick, are injured, or die, not having
24 sufficient money, property or other resources to meet the costs
25 of necessary medical care or funeral and burial expenses.
26     5. (a) Women during pregnancy, after the fact of pregnancy
27     has been determined by medical diagnosis, and during the
28     60-day period beginning on the last day of the pregnancy,
29     together with their infants and children born after
30     September 30, 1983, whose income and resources are
31     insufficient to meet the costs of necessary medical care to
32     the maximum extent possible under Title XIX of the Federal
33     Social Security Act.
34         (b) The Illinois Department and the Governor shall

 

 

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1     provide a plan for coverage of the persons eligible under
2     paragraph 5(a) by April 1, 1990. Such plan shall provide
3     ambulatory prenatal care to pregnant women during a
4     presumptive eligibility period and establish an income
5     eligibility standard that is equal to 133% of the nonfarm
6     income official poverty line, as defined by the federal
7     Office of Management and Budget and revised annually in
8     accordance with Section 673(2) of the Omnibus Budget
9     Reconciliation Act of 1981, applicable to families of the
10     same size, provided that costs incurred for medical care
11     are not taken into account in determining such income
12     eligibility.
13         (c) The Illinois Department may conduct a
14     demonstration in at least one county that will provide
15     medical assistance to pregnant women, together with their
16     infants and children up to one year of age, where the
17     income eligibility standard is set up to 185% of the
18     nonfarm income official poverty line, as defined by the
19     federal Office of Management and Budget. The Illinois
20     Department shall seek and obtain necessary authorization
21     provided under federal law to implement such a
22     demonstration. Such demonstration may establish resource
23     standards that are not more restrictive than those
24     established under Article IV of this Code.
25     6. Persons under the age of 18 who fail to qualify as
26 dependent under Article IV and who have insufficient income and
27 resources to meet the costs of necessary medical care to the
28 maximum extent permitted under Title XIX of the Federal Social
29 Security Act.
30     7. Persons who are under 21 years of age and would qualify
31 as disabled as defined under the Federal Supplemental Security
32 Income Program, provided medical service for such persons would
33 be eligible for Federal Financial Participation, and provided
34 the Illinois Department determines that:

 

 

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1         (a) the person requires a level of care provided by a
2     hospital, skilled nursing facility, or intermediate care
3     facility, as determined by a physician licensed to practice
4     medicine in all its branches;
5         (b) it is appropriate to provide such care outside of
6     an institution, as determined by a physician licensed to
7     practice medicine in all its branches;
8         (c) the estimated amount which would be expended for
9     care outside the institution is not greater than the
10     estimated amount which would be expended in an institution.
11     8. Persons who become ineligible for basic maintenance
12 assistance under Article IV of this Code in programs
13 administered by the Illinois Department due to employment
14 earnings and persons in assistance units comprised of adults
15 and children who become ineligible for basic maintenance
16 assistance under Article VI of this Code due to employment
17 earnings. The plan for coverage for this class of persons
18 shall:
19         (a) extend the medical assistance coverage for up to 12
20     months following termination of basic maintenance
21     assistance; and
22         (b) offer persons who have initially received 6 months
23     of the coverage provided in paragraph (a) above, the option
24     of receiving an additional 6 months of coverage, subject to
25     the following:
26             (i) such coverage shall be pursuant to provisions
27         of the federal Social Security Act;
28             (ii) such coverage shall include all services
29         covered while the person was eligible for basic
30         maintenance assistance;
31             (iii) no premium shall be charged for such
32         coverage; and
33             (iv) such coverage shall be suspended in the event
34         of a person's failure without good cause to file in a

 

 

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1         timely fashion reports required for this coverage
2         under the Social Security Act and coverage shall be
3         reinstated upon the filing of such reports if the
4         person remains otherwise eligible.
5     9. Persons with acquired immunodeficiency syndrome (AIDS)
6 or with AIDS-related conditions with respect to whom there has
7 been a determination that but for home or community-based
8 services such individuals would require the level of care
9 provided in an inpatient hospital, skilled nursing facility or
10 intermediate care facility the cost of which is reimbursed
11 under this Article. Assistance shall be provided to such
12 persons to the maximum extent permitted under Title XIX of the
13 Federal Social Security Act.
14     10. Participants in the long-term care insurance
15 partnership program established under the Partnership for
16 Long-Term Care Act who meet the qualifications for protection
17 of resources described in Section 25 of that Act.
18     11. Persons with disabilities who are employed and eligible
19 for Medicaid, pursuant to Section 1902(a)(10)(A)(ii)(xv) of
20 the Social Security Act, as provided by the Illinois Department
21 by rule.
22     12. Subject to federal approval, persons who are eligible
23 for medical assistance coverage under applicable provisions of
24 the federal Social Security Act and the federal Breast and
25 Cervical Cancer Prevention and Treatment Act of 2000. Those
26 eligible persons are defined to include, but not be limited to,
27 the following persons:
28         (1) persons who have been screened for breast or
29     cervical cancer under the U.S. Centers for Disease Control
30     and Prevention Breast and Cervical Cancer Program
31     established under Title XV of the federal Public Health
32     Services Act in accordance with the requirements of Section
33     1504 of that Act as administered by the Illinois Department
34     of Public Health; and

 

 

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1         (2) persons whose screenings under the above program
2     were funded in whole or in part by funds appropriated to
3     the Illinois Department of Public Health for breast or
4     cervical cancer screening.
5 "Medical assistance" under this paragraph 12 shall be identical
6 to the benefits provided under the State's approved plan under
7 Title XIX of the Social Security Act. The Department must
8 request federal approval of the coverage under this paragraph
9 12 within 30 days after the effective date of this amendatory
10 Act of the 92nd General Assembly.
11     13. Subject to federal approval, persons living with
12 HIV/AIDS who are not otherwise eligible under this Article and
13 who qualify for services covered under Section 5-5.04 as
14 provided by the Illinois Department by rule.
15     The Illinois Department and the Governor shall provide a
16 plan for coverage of the persons eligible under paragraph 7 as
17 soon as possible after July 1, 1984.
18     The eligibility of any such person for medical assistance
19 under this Article is not affected by the payment of any grant
20 under the Senior Citizens and Disabled Persons Property Tax
21 Relief and Pharmaceutical Assistance Act or any distributions
22 or items of income described under subparagraph (X) of
23 paragraph (2) of subsection (a) of Section 203 of the Illinois
24 Income Tax Act. The Department shall by rule establish the
25 amounts of assets to be disregarded in determining eligibility
26 for medical assistance, which shall at a minimum equal the
27 amounts to be disregarded under the Federal Supplemental
28 Security Income Program. The amount of assets of a single
29 person to be disregarded shall not be less than $2,000, and the
30 amount of assets of a married couple to be disregarded shall
31 not be less than $3,000.
32     To the extent permitted under federal law, any person found
33 guilty of a second violation of Article VIIIA shall be
34 ineligible for medical assistance under this Article, as

 

 

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1 provided in Section 8A-8.
2     The eligibility of any person for medical assistance under
3 this Article shall not be affected by the receipt by the person
4 of donations or benefits from fundraisers held for the person
5 in cases of serious illness, as long as neither the person nor
6 members of the person's family have actual control over the
7 donations or benefits or the disbursement of the donations or
8 benefits.
9 (Source: P.A. 92-16, eff. 6-28-01; 92-47, eff. 7-3-01; 92-597,
10 eff. 6-28-02; 93-20, eff. 6-20-03.)
 
11     (305 ILCS 5/5-5.04 new)
12     Sec. 5-5.04. Persons living with HIV/AIDS. The Department
13 of Public Aid shall seek federal approval to expand access to
14 health care for persons living with HIV/AIDS. The Department
15 shall adopt rules for this program.
 
16     (305 ILCS 5/9A-4)  (from Ch. 23, par. 9A-4)
17     Sec. 9A-4. Participation.
18     (a) Except for those exempted under subsection (b) below,
19 and to the extent resources permit, the Illinois Department as
20 a condition of eligibility for public aid, may, as provided by
21 rule, require all recipients to participate in an education,
22 training, and employment program, which shall include
23 accepting suitable employment and refraining from terminating
24 employment or reducing earnings without good cause.
25     (b) Recipients shall be exempt from the requirement of
26 participation in the education, training, and employment
27 program in the following circumstances:
28         (1) the The recipient is a person over age 60; or
29         (2) the The recipient is a person with a child under
30     age one; or
31         (3) a physician, licensed to practice medicine in all
32     its branches under the Medical Practice Act of 1987,

 

 

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1     determines that, in his or her best clinical judgment and
2     based on the particular facts of the case before him or
3     her, (i) participation may threaten the life or health of
4     the recipient or (ii) the recipient has a temporary
5     incapacity that is health-related in whole or in part. The
6     physician shall specify the period of time for which the
7     recipient is to be exempt, not to exceed 6 months, and
8     shall certify his or her judgment and the underlying facts
9     considered in reaching a determination in writing on a form
10     prescribed by the Illinois Department by rule.
11 (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)".