Full Text of HB3056 97th General Assembly
HB3056 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3056 Introduced 2/23/2011, by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
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Amends the Covering ALL KIDS Health Insurance Act. Provides that a child is not eligible for coverage under the Covering ALL KIDS Health Insurance Program if he or she is an undocumented immigrant.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning insurance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Covering ALL KIDS Health Insurance Act is | 5 | | amended by changing Section 20 as follows: | 6 | | (215 ILCS 170/20) | 7 | | (Section scheduled to be repealed on July 1, 2016)
| 8 | | Sec. 20. Eligibility. | 9 | | (a) To be eligible for the Program, a person must be a | 10 | | child:
| 11 | | (1) who is a resident of the State of Illinois; | 12 | | (2) who is ineligible for medical assistance under the | 13 | | Illinois Public Aid Code or benefits under the Children's | 14 | | Health Insurance Program Act;
| 15 | | (3) either (i) who has been without health insurance | 16 | | coverage for 12 months, (ii) whose parent has lost | 17 | | employment that made available affordable dependent health | 18 | | insurance coverage, until such time as affordable | 19 | | employer-sponsored dependent health insurance coverage is | 20 | | again available for the child as set forth by the | 21 | | Department in rules, (iii) who is a newborn whose | 22 | | responsible relative does not have available affordable | 23 | | private or employer-sponsored health insurance, or (iv) |
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| 1 | | who, within one year of applying for coverage under this | 2 | | Act, lost medical benefits under the Illinois Public Aid | 3 | | Code or the Children's Health Insurance Program Act; and | 4 | | (3.5) whose household income, as determined by the | 5 | | Department, is at or below 300% of the federal poverty | 6 | | level. This item (3.5) is effective July 1, 2011. | 7 | | An entity that provides health insurance coverage (as | 8 | | defined in Section 2 of the Comprehensive Health Insurance Plan | 9 | | Act) to Illinois residents shall provide health insurance data | 10 | | match to the Department of Healthcare and Family Services as | 11 | | provided by and subject to Section 5.5 of the Illinois | 12 | | Insurance Code. | 13 | | The Department of Healthcare and Family Services, in | 14 | | collaboration with the Department of Insurance, shall adopt | 15 | | rules governing the exchange of information under this Section. | 16 | | The rules shall be consistent with all laws relating to the | 17 | | confidentiality or privacy of personal information or medical | 18 | | records, including provisions under the Federal Health | 19 | | Insurance Portability and Accountability Act (HIPAA). | 20 | | (b) The Department shall monitor the availability and | 21 | | retention of employer-sponsored dependent health insurance | 22 | | coverage and shall modify the period described in subdivision | 23 | | (a)(3) if necessary to promote retention of private or | 24 | | employer-sponsored health insurance and timely access to | 25 | | healthcare services, but at no time shall the period described | 26 | | in subdivision (a)(3) be less than 6 months.
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| 1 | | (c) The Department, at its discretion, may take into | 2 | | account the affordability of dependent health insurance when | 3 | | determining whether employer-sponsored dependent health | 4 | | insurance coverage is available upon reemployment of a child's | 5 | | parent as provided in subdivision (a)(3). | 6 | | (d) A child who is determined to be eligible for the | 7 | | Program shall remain eligible for 12 months, provided that the | 8 | | child maintains his or her residence in this State, has not yet | 9 | | attained 19 years of age, and is not excluded under subsection | 10 | | (e). | 11 | | (e) A child is not eligible for coverage under the Program | 12 | | if: | 13 | | (1) the premium required under Section 40 has not been | 14 | | timely paid; if the required premiums are not paid, the | 15 | | liability of the Program shall be limited to benefits | 16 | | incurred under the Program for the time period for which | 17 | | premiums have been paid; re-enrollment shall be completed | 18 | | before the next covered medical visit, and the first | 19 | | month's required premium shall be paid in advance of the | 20 | | next covered medical visit; or | 21 | | (2) the child is an inmate of a public institution or | 22 | | an institution for mental diseases ; or .
| 23 | | (3) the child is an undocumented immigrant. | 24 | | (f) The Department may adopt rules, including, but not | 25 | | limited to: rules regarding annual renewals of eligibility for | 26 | | the Program in conformance with Section 7 of this Act; rules |
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| 1 | | providing for re-enrollment, grace periods, notice | 2 | | requirements, and hearing procedures under subdivision (e)(1) | 3 | | of this Section; and rules regarding what constitutes | 4 | | availability and affordability of private or | 5 | | employer-sponsored health insurance, with consideration of | 6 | | such factors as the percentage of income needed to purchase | 7 | | children or family health insurance, the availability of | 8 | | employer subsidies, and other relevant factors.
| 9 | | (g) Each child enrolled in the Program as of July 1, 2011 | 10 | | whose family income, as established by the Department, exceeds | 11 | | 300% of the federal poverty level may remain enrolled in the | 12 | | Program for 12 additional months commencing July 1, 2011. | 13 | | Continued enrollment pursuant to this subsection shall be | 14 | | available only if the child continues to meet all eligibility | 15 | | criteria established under the Program as of the effective date | 16 | | of this amendatory Act of the 96th General Assembly without a | 17 | | break in coverage. Nothing contained in this subsection shall | 18 | | prevent a child from qualifying for any other health benefits | 19 | | program operated by the Department. | 20 | | (Source: P.A. 96-1272, eff. 1-1-11; 96-1501, eff. 1-25-11.)
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