Illinois General Assembly - Full Text of SB2303
Illinois General Assembly

Previous General Assemblies

Full Text of SB2303  95th General Assembly


Sen. Kwame Raoul

Filed: 3/20/2008





09500SB2303sam002 LRB095 15395 DRJ 48302 a


2     AMENDMENT NO. ______. Amend Senate Bill 2303 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Illinois Public Aid Code is amended by
5 adding Section 5-1.3 as follows:
6     (305 ILCS 5/5-1.3 new)
7     Sec. 5-1.3. Recipient's incarceration or detention;
8 continued eligibility.
9     (a) To the extent permitted by federal law and
10 notwithstanding any other provision of this Code, the
11 Department of Healthcare and Family Services shall not cancel a
12 person's eligibility for medical assistance solely because
13 that person has become an inmate of a public institution,
14 including, but not limited to, a county jail, juvenile
15 detention center, or State correctional facility. The person
16 may remain enrolled for medical assistance as long as all other



09500SB2303sam002 - 2 - LRB095 15395 DRJ 48302 a

1 eligibility criteria are met. Counties, the Department of
2 Juvenile Justice, and the Department of Corrections shall
3 cooperate to share information sufficient to inform the
4 Department of Healthcare and Family Services, in a manner
5 established by the Department, that an enrolled person has been
6 detained or incarcerated.
7     (b) The Department shall not be responsible to provide
8 medical assistance under this Article for any medical care,
9 services, or supplies provided to the individual during that
10 period. The responsibility for providing medical care shall
11 remain, as otherwise provided by law, with the Department of
12 Corrections, the county, or the other arresting authority. The
13 Department may seek federal financial participation, to the
14 extent that it is available and with the cooperation of the
15 Department of Juvenile Justice, the Department of Corrections,
16 or the relevant county, for the costs of those services.
17     (c) The Department shall resume responsibility for
18 providing medical assistance upon release of the person to the
19 community as long as all of the following apply:
20         (1) The person is enrolled for medical assistance at
21     the time of release.
22         (2) Neither a county, the Department of Juvenile
23     Justice, nor the Department of Corrections continues to
24     bear responsibility for the person's medical care.
25         (3) The county, the Department of Juvenile Justice, or
26     the Department of Corrections provides timely notice of the



09500SB2303sam002 - 3 - LRB095 15395 DRJ 48302 a

1     date of release in a manner established by the Department
2     of Healthcare and Family Services.".