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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2737
Introduced 2/5/2004, by Louis S. Viverito SYNOPSIS AS INTRODUCED: |
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20 ILCS 1705/57 |
from Ch. 91 1/2, par. 100-57 |
305 ILCS 5/5-2 |
from Ch. 23, par. 5-2 |
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Amends the Mental Health and Developmental Disabilities Administrative Act.
Provides that the Department of Human Services shall include, in the annual
service needs report regarding autism submitted to the General Assembly, a plan
to provide family support mechanisms to enable persons with autism to remain in
a family home environment. Amends the
Illinois
Public Aid Code.
Extends eligibility for continued home-based skilled or
intermediate care to persons age 21 or older (under current law,
eligibility is
limited to persons
under age 21). Requires an annual determination of need for that
level of care and requires the Department of Human Services to make an annual
report concerning services provided and other matters. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2737 |
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LRB093 15399 DRJ 41002 b |
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| AN ACT in relation to persons with disabilities.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental |
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| Disabilities Administrative
Act is amended by changing Section |
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| 57 as follows:
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| (20 ILCS 1705/57) (from Ch. 91 1/2, par. 100-57)
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| Sec. 57. In order to identify the service needs of persons
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| with autism, the Department shall study the needs of the |
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| population.
The Department shall submit service needs reports |
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| to the General Assembly
annually which shall supplement the |
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| report submitted in accordance with
Public Act 84-1291. The |
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| reports shall include an analysis of progress made
since the |
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| submission of that report in the areas outlined in that report,
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| with emphasis on the following areas:
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| a. Early intervention services for children with autism and |
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| their parents;
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| b. Enhancement of family support mechanisms to enable |
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| persons with
autism to remain in a family home environment . The |
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| Department shall include
in the report a plan to provide family |
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| support
mechanisms to enable persons with autism to remain in a |
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| family home
environment ;
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| c. Services for adequate transition for people with autism |
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| from public
school programs to adult work and day programs; and
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| d. Facilitation of placement of persons with autism in the |
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| least
restrictive community setting.
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| For the purpose of this service needs review, autism means |
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| a severely
incapacitating life-long developmental disability |
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| which:
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| a. may be manifested before a person is 30 months of age,
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| b. may be caused by physical disorders of the brain, and
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| c. is characterized by uneven intellectual development and |
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SB2737 |
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LRB093 15399 DRJ 41002 b |
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| a combination
of disturbances in the rates and sequences of |
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| cognitive, affective,
psychomotor, language and speech |
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| development. This syndrome is further
evidenced by abnormal |
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| responses to sensory stimuli, problems in developing
social |
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| relationships, and ritualistic and compulsive behavior.
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| (Source: P.A. 85-971.)
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| Section 10. The Illinois Public Aid Code is amended by |
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| changing
Section 5-2 as follows:
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| (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
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| Sec. 5-2. Classes of Persons Eligible. Medical assistance |
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| under this
Article shall be available to any of the following |
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| classes of persons in
respect to whom a plan for coverage has |
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| been submitted to the Governor
by the Illinois Department and |
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| approved by him:
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| 1. Recipients of basic maintenance grants under Articles |
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| III and IV.
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| 2. Persons otherwise eligible for basic maintenance under |
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| Articles
III and IV but who fail to qualify thereunder on the |
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| basis of need, and
who have insufficient income and resources |
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| to meet the costs of
necessary medical care, including but not |
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| limited to the following:
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| (a) All persons otherwise eligible for basic |
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| maintenance under Article
III but who fail to qualify under |
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| that Article on the basis of need and who
meet either of |
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| the following requirements:
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| (i) their income, as determined by the Illinois |
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| Department in
accordance with any federal |
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| requirements, is equal to or less than 70% in
fiscal |
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| year 2001, equal to or less than 85% in fiscal year |
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| 2002 and until
a date to be determined by the |
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| Department by rule, and equal to or less
than 100% |
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| beginning on the date determined by the Department by |
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| rule, of the nonfarm income official poverty
line, as |
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| defined by the federal Office of Management and Budget |
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SB2737 |
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LRB093 15399 DRJ 41002 b |
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| and revised
annually in accordance with Section 673(2) |
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| of the Omnibus Budget Reconciliation
Act of 1981, |
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| applicable to families of the same size; or
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| (ii) their income, after the deduction of costs |
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| incurred for medical
care and for other types of |
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| remedial care, is equal to or less than 70% in
fiscal |
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| year 2001, equal to or less than 85% in fiscal year |
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| 2002 and until
a date to be determined by the |
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| Department by rule, and equal to or less
than 100% |
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| beginning on the date determined by the Department by |
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| rule, of the nonfarm income official poverty
line, as |
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| defined in item (i) of this subparagraph (a).
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| (b) All persons who would be determined eligible for |
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| such basic
maintenance under Article IV by disregarding the |
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| maximum earned income
permitted by federal law.
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| 3. Persons who would otherwise qualify for Aid to the |
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| Medically
Indigent under Article VII.
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| 4. Persons not eligible under any of the preceding |
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| paragraphs who fall
sick, are injured, or die, not having |
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| sufficient money, property or other
resources to meet the costs |
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| of necessary medical care or funeral and burial
expenses.
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| 5. (a) Women during pregnancy, after the fact
of pregnancy |
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| has been determined by medical diagnosis, and during the
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| 60-day period beginning on the last day of the pregnancy, |
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| together with
their infants and children born after |
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| September 30, 1983,
whose income and
resources are |
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| insufficient to meet the costs of necessary medical care to
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| the maximum extent possible under Title XIX of the
Federal |
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| Social Security Act.
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| (b) The Illinois Department and the Governor shall |
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| provide a plan for
coverage of the persons eligible under |
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| paragraph 5(a) by April 1, 1990. Such
plan shall provide |
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| ambulatory prenatal care to pregnant women during a
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| presumptive eligibility period and establish an income |
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| eligibility standard
that is equal to 133%
of the nonfarm |
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| income official poverty line, as defined by
the federal |
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LRB093 15399 DRJ 41002 b |
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| Office of Management and Budget and revised annually in
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| accordance with Section 673(2) of the Omnibus Budget |
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| Reconciliation Act of
1981, applicable to families of the |
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| same size, provided that costs incurred
for medical care |
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| are not taken into account in determining such income
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| eligibility.
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| (c) The Illinois Department may conduct a |
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| demonstration in at least one
county that will provide |
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| medical assistance to pregnant women, together
with their |
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| infants and children up to one year of age,
where the |
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| income
eligibility standard is set up to 185% of the |
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| nonfarm income official
poverty line, as defined by the |
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| federal Office of Management and Budget.
The Illinois |
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| Department shall seek and obtain necessary authorization
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| provided under federal law to implement such a |
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| demonstration. Such
demonstration may establish resource |
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| standards that are not more
restrictive than those |
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| established under Article IV of this Code.
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| 6. Persons under the age of 18 who fail to qualify as |
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| dependent under
Article IV and who have insufficient income and |
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| resources to meet the costs
of necessary medical care to the |
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| maximum extent permitted under Title XIX
of the Federal Social |
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| Security Act.
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| 7. Persons who are under 21 years of age and would
qualify |
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| as
disabled as defined under the Federal Supplemental Security |
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| Income Program,
provided medical service for such persons would |
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| be eligible for Federal
Financial Participation, and provided |
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| the Illinois Department determines that:
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| (a) the person requires a level of care provided by a |
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| hospital, skilled
nursing facility, or intermediate care |
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| facility, as determined by a physician
licensed to practice |
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| medicine in all its branches;
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| (b) it is appropriate to provide such care outside of |
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| an institution, as
determined by a physician licensed to |
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| practice medicine in all its branches;
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| (c) the estimated amount which would be expended for |
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LRB093 15399 DRJ 41002 b |
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| care outside the
institution is not greater than the |
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| estimated amount which would be
expended in an institution.
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| 8. Persons who become ineligible for basic maintenance |
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| assistance
under Article IV of this Code in programs |
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| administered by the Illinois
Department due to employment |
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| earnings and persons in
assistance units comprised of adults |
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| and children who become ineligible for
basic maintenance |
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| assistance under Article VI of this Code due to
employment |
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| earnings. The plan for coverage for this class of persons |
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| shall:
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| (a) extend the medical assistance coverage for up to 12 |
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| months following
termination of basic maintenance |
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| assistance; and
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| (b) offer persons who have initially received 6 months |
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| of the
coverage provided in paragraph (a) above, the option |
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| of receiving an
additional 6 months of coverage, subject to |
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| the following:
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| (i) such coverage shall be pursuant to provisions |
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| of the federal
Social Security Act;
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| (ii) such coverage shall include all services |
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| covered while the person
was eligible for basic |
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| maintenance assistance;
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| (iii) no premium shall be charged for such |
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| coverage; and
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| (iv) such coverage shall be suspended in the event |
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| of a person's
failure without good cause to file in a |
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| timely fashion reports required for
this coverage |
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| under the Social Security Act and coverage shall be |
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| reinstated
upon the filing of such reports if the |
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| person remains otherwise eligible.
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| 9. Persons with acquired immunodeficiency syndrome (AIDS) |
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| or with
AIDS-related conditions with respect to whom there has |
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| been a determination
that but for home or community-based |
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| services such individuals would
require the level of care |
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| provided in an inpatient hospital, skilled
nursing facility or |
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| intermediate care facility the cost of which is
reimbursed |
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LRB093 15399 DRJ 41002 b |
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| under this Article. Assistance shall be provided to such
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| persons to the maximum extent permitted under Title
XIX of the |
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| Federal Social Security Act.
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| 10. Participants in the long-term care insurance |
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| partnership program
established under the Partnership for |
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| Long-Term Care Act who meet the
qualifications for protection |
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| of resources described in Section 25 of that
Act.
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| 11. Persons with disabilities who are employed and eligible |
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| for Medicaid,
pursuant to Section 1902(a)(10)(A)(ii)(xv) of |
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| the Social Security Act, as
provided by the Illinois Department |
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| by rule.
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| 12. Subject to federal approval, persons who are eligible |
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| for medical
assistance coverage under applicable provisions of |
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| the federal Social Security
Act and the federal Breast and |
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| Cervical Cancer Prevention and Treatment Act of
2000. Those |
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| eligible persons are defined to include, but not be limited to,
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| the following persons:
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| (1) persons who have been screened for breast or |
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| cervical cancer under
the U.S. Centers for Disease Control |
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| and Prevention Breast and Cervical Cancer
Program |
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| established under Title XV of the federal Public Health |
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| Services Act in
accordance with the requirements of Section |
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| 1504 of that Act as administered by
the Illinois Department |
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| of Public Health; and
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| (2) persons whose screenings under the above program |
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| were funded in whole
or in part by funds appropriated to |
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| the Illinois Department of Public Health
for breast or |
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| cervical cancer screening.
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| "Medical assistance" under this paragraph 12 shall be identical |
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| to the benefits
provided under the State's approved plan under |
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| Title XIX of the Social Security
Act. The Department must |
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| request federal approval of the coverage under this
paragraph |
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| 12 within 30 days after the effective date of this amendatory |
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| Act of
the 92nd General Assembly.
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| 13. Persons who are 21 years of age or older and have
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| received benefits under paragraph 7 of this Section shall
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LRB093 15399 DRJ 41002 b |
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| remain eligible for continued benefits at the same level of |
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| care,
provided that a physician, licensed to practice medicine |
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| in all
its branches, annually determines that the person |
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| requires the
level of care provided by a hospital, skilled |
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| nursing facility, or
intermediate care facility. Continued |
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| benefits shall not be
dependent on the person meeting |
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| eligibility requirements for
federal financial participation. |
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| The Department of Human Services must make an annual report to |
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| the Governor and the General Assembly with respect to the class |
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| of persons eligible for medical
Assistance under this paragraph |
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| 13. The report is due on January 1 of each year and must cover |
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| the State fiscal year ending on June 30 of the preceding year. |
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| The first report is due on January 1, 2006. The report must |
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| include the following information for the fiscal year covered |
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| by the report: |
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| (a) The number of persons eligible for medical |
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| assistance under this
paragraph 13. |
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| (b) The number of persons who applied for medical |
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| assistance under this
paragraph 13. |
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| (c) The number of persons who received medical |
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| assistance under this
paragraph 13. |
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| (d) The number of persons who were denied medical |
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| assistance under this
paragraph 13, together with the |
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| reasons for the denial of assistance. |
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| (e) The nature, scope, and cost of services provided |
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| under this paragraph
13. |
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| (f) The comparative cost of providing those services in |
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| a hospital, skilled
nursing facility, or intermediate care |
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| facility.
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| The Illinois Department and the Governor shall provide a |
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| plan for
coverage of the persons eligible under paragraph 7 as |
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| soon as possible after
July 1, 1984.
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| The eligibility of any such person for medical assistance |
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| under this
Article is not affected by the payment of any grant |
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| under the Senior
Citizens and Disabled Persons Property Tax |
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| Relief and Pharmaceutical
Assistance Act or any distributions |
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LRB093 15399 DRJ 41002 b |
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| or items of income described under
subparagraph (X) of
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| paragraph (2) of subsection (a) of Section 203 of the Illinois |
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| Income Tax
Act. The Department shall by rule establish the |
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| amounts of
assets to be disregarded in determining eligibility |
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| for medical assistance,
which shall at a minimum equal the |
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| amounts to be disregarded under the
Federal Supplemental |
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| Security Income Program. The amount of assets of a
single |
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| person to be disregarded
shall not be less than $2,000, and the |
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| amount of assets of a married couple
to be disregarded shall |
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| not be less than $3,000.
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| To the extent permitted under federal law, any person found |
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| guilty of a
second violation of Article VIIIA
shall be |
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| ineligible for medical assistance under this Article, as |
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| provided
in Section 8A-8.
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| The eligibility of any person for medical assistance under |
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| this Article
shall not be affected by the receipt by the person |
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| of donations or benefits
from fundraisers held for the person |
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| in cases of serious illness,
as long as neither the person nor |
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| members of the person's family
have actual control over the |
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| donations or benefits or the disbursement
of the donations or |
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| benefits.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-47, eff. 7-3-01; 92-597, |
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| eff. 6-28-02;
93-20, eff. 6-20-03.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |