Full Text of SB3191 93rd General Assembly
SB3191ham001 93RD GENERAL ASSEMBLY
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Human Services Committee
Filed: 5/25/2004
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| AMENDMENT TO SENATE BILL 3191
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| AMENDMENT NO. ______. Amend Senate Bill 3191 by replacing | 3 |
| the title with the following: | 4 |
| "AN ACT in relation to health."; and | 5 |
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| by replacing everything after the enacting clause with the | 7 |
| following:
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| "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
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| that HIV/AIDS in the African-American community is a crisis
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| separate and apart from the overall issue of HIV/AIDS in other
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| communities.
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| 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:
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| (1) The Office of the Governor.
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| (2) The Department of Human Services.
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| (3) The Department of Public Health.
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| (4) The Department of Corrections.
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| Section 15. State agencies; HIV testing. | 4 |
| (a) In this Section:
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| "High-risk community" means a community designated as | 6 |
| high-risk by the Department of Public Health in rules.
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| "High-traffic facility" means a high-traffic facility as | 8 |
| defined by the Department of Central Management Services in | 9 |
| rules.
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| "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.
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| (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.
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| (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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| 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:
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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 | 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:
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| 1. Recipients of basic maintenance grants under Articles | 18 |
| III and IV.
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| 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:
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| (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:
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| (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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| 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
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| (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).
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| (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.
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| 3. Persons who would otherwise qualify for Aid to the | 21 |
| Medically
Indigent under Article VII.
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| 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.
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| 5. (a) Women during pregnancy, after the fact
of pregnancy | 27 |
| has been determined by medical diagnosis, and during the
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| 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
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| the maximum extent possible under Title XIX of the
Federal | 33 |
| 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 | 2 |
| paragraph 5(a) by April 1, 1990. Such
plan shall provide | 3 |
| ambulatory prenatal care to pregnant women during a
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| 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
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| 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
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| eligibility.
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| (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
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| 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.
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| 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.
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| 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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| (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;
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| (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;
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| (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.
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| 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:
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| (a) extend the medical assistance coverage for up to 12 | 20 |
| months following
termination of basic maintenance | 21 |
| assistance; and
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| (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:
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| (i) such coverage shall be pursuant to provisions | 27 |
| of the federal
Social Security Act;
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| (ii) such coverage shall include all services | 29 |
| covered while the person
was eligible for basic | 30 |
| maintenance assistance;
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| (iii) no premium shall be charged for such | 32 |
| coverage; and
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| (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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| 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.
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| 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
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| persons to the maximum extent permitted under Title
XIX of the | 13 |
| Federal Social Security Act.
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| 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.
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| 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.
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| 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,
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| the following persons:
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| (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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| (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.
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| "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.
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| 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.
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| 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.
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| 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
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| 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.
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| 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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| provided
in Section 8A-8.
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| 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.
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| (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.)
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| (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.
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| (305 ILCS 5/9A-4) (from Ch. 23, par. 9A-4)
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| Sec. 9A-4. Participation.
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| (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.
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| (b) Recipients shall be exempt from the requirement of
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| participation in the education, training, and employment | 27 |
| program
in the following circumstances:
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| (1) the
The recipient is a person over age 60; or
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| (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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| 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 .
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| (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)".
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