Full Text of HB3260 097th General Assembly
HB3260 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3260 Introduced 2/24/2011, by Rep. Michael W. Tryon SYNOPSIS AS INTRODUCED: |
| |
Amends the Covering ALL KIDS Health Insurance Act. In the provision concerning eligibility, provides that the Department of Healthcare and Family Services, in cooperation with the Department of Human Services, shall develop and implement procedures in administration of the Covering ALL KIDS Health Insurance Program to require certain proofs of eligibility from applicants. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB3260 | | LRB097 09430 RPM 49565 b |
|
| 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Act is | 5 | | amended by changing Section 20 as follows: | 6 | | (215 ILCS 170/20) | 7 | | (Section scheduled to be repealed on July 1, 2016)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) |
| | | HB3260 | - 2 - | LRB097 09430 RPM 49565 b |
|
| 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.
|
| | | HB3260 | - 3 - | LRB097 09430 RPM 49565 b |
|
| 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.
| 23 | | (f) The Department may adopt rules, including, but not | 24 | | limited to: rules regarding annual renewals of eligibility for | 25 | | the Program in conformance with Section 7 of this Act; rules | 26 | | providing for re-enrollment, grace periods, notice |
| | | HB3260 | - 4 - | LRB097 09430 RPM 49565 b |
|
| 1 | | requirements, and hearing procedures under subdivision (e)(1) | 2 | | of this Section; and rules regarding what constitutes | 3 | | availability and affordability of private or | 4 | | employer-sponsored health insurance, with consideration of | 5 | | such factors as the percentage of income needed to purchase | 6 | | children or family health insurance, the availability of | 7 | | employer subsidies, and other relevant factors.
| 8 | | (g) Each child enrolled in the Program as of July 1, 2011 | 9 | | whose family income, as established by the Department, exceeds | 10 | | 300% of the federal poverty level may remain enrolled in the | 11 | | Program for 12 additional months commencing July 1, 2011. | 12 | | Continued enrollment pursuant to this subsection shall be | 13 | | available only if the child continues to meet all eligibility | 14 | | criteria established under the Program as of the effective date | 15 | | of this amendatory Act of the 96th General Assembly without a | 16 | | break in coverage. Nothing contained in this subsection shall | 17 | | prevent a child from qualifying for any other health benefits | 18 | | program operated by the Department. | 19 | | (h) Within 90 days after the effective date of this | 20 | | amendatory Act of the 97th General Assembly, the Department, in | 21 | | cooperation with the Department of Human Services, shall | 22 | | develop and implement procedures in administration of the | 23 | | Program to do both of the following: | 24 | | (1) Require applicants to provide proof of the | 25 | | applicant's date of birth, including, but not limited to, | 26 | | by providing a birth certificate to prove the age of the |
| | | HB3260 | - 5 - | LRB097 09430 RPM 49565 b |
|
| 1 | | applicant. | 2 | | (2) Require applicants to provide documentation to | 3 | | prove the identity of the applicant. | 4 | | (Source: P.A. 96-1272, eff. 1-1-11; 96-1501, eff. 1-25-11.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
|
|