Full Text of HB0766 96th General Assembly
HB0766ham001 96TH GENERAL ASSEMBLY
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Human Services Committee
Adopted in House Comm. on Feb 25, 2009
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LRB096 09065 DRJ 22249 a |
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| AMENDMENT TO HOUSE BILL 766
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| AMENDMENT NO. ______. Amend House Bill 766 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Public Aid Code is amended by | 5 |
| adding Section 1-8.5 as follows: | 6 |
| (305 ILCS 5/1-8.5 new) | 7 |
| Sec. 1-8.5. Eligibility for medical assistance during | 8 |
| periods of incarceration or detention. | 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 |
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LRB096 09065 DRJ 22249 a |
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| eligibility criteria are met. | 2 |
| (b) The Department may adopt rules to permit a person to | 3 |
| apply for medical assistance while he or she is an inmate of a | 4 |
| public institution as described in subsection (a). The rules | 5 |
| may limit applications to persons who would be likely to | 6 |
| qualify for medical assistance if they resided in the | 7 |
| community. Any such person who is not already enrolled for | 8 |
| medical assistance may apply for medical assistance no more | 9 |
| than 30 days prior to the date of scheduled release or | 10 |
| discharge from a penal institution or county jail or similar | 11 |
| status. | 12 |
| (c) Except as provided under Section 17 of the County Jail | 13 |
| Act, the Department shall not be responsible to provide medical | 14 |
| assistance under this Code for any medical care, services, or | 15 |
| supplies provided to a person while he or she is an inmate of a | 16 |
| public institution as described in subsection (a). The | 17 |
| responsibility for providing medical care shall remain as | 18 |
| otherwise provided by law with the Department of Corrections, | 19 |
| county, or other arresting authority. The Department may seek | 20 |
| federal financial participation, to the extent that it is | 21 |
| available and with the cooperation of the Department of | 22 |
| Juvenile Justice, the Department of Corrections, or the | 23 |
| relevant county, for the costs of those services. | 24 |
| (d) To the extent permitted under State and federal law, | 25 |
| the Department shall develop procedures to expedite required | 26 |
| periodic reviews of continued eligibility for persons |
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| described in subsection (a). | 2 |
| (e) Counties, the Department of Juvenile Justice, and the | 3 |
| Department of Corrections shall cooperate with the Department | 4 |
| in administering this Section. That cooperation shall include | 5 |
| sharing information sufficient to inform the Department, in a | 6 |
| manner established by the Department, that a person enrolled in | 7 |
| the medical assistance program has been detained or | 8 |
| incarcerated. The Department of Human Services shall cooperate | 9 |
| with the Department in making determinations of eligibility | 10 |
| under this Section. | 11 |
| (f) The Department shall resume responsibility for | 12 |
| providing medical assistance upon release of the person to the | 13 |
| community as long as all of the following apply: | 14 |
| (1) The person is enrolled for medical assistance at | 15 |
| the time of release. | 16 |
| (2) Neither a county, the Department of Juvenile | 17 |
| Justice, the Department of Corrections, nor any other | 18 |
| criminal justice authority continues to bear | 19 |
| responsibility for the person's medical care. | 20 |
| (3) The county, the Department of Juvenile Justice, or | 21 |
| the Department of Corrections provides timely notice of the | 22 |
| date of release in a manner established by the Department. | 23 |
| (g) This Section applies on and after July 1, 2010. ".
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