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Full Text of SB3450  102nd General Assembly

SB3450 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3450

 

Introduced 1/18/2022, by Sen. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/12-4.35

    Amends the Administration Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may provide medical services to noncitizens with chronic disabilities who (i) are not eligible for medical assistance under the Medical Assistance Article of the Code due to their not meeting the otherwise applicable provisions under the Code concerning citizenship and (ii) have income at or below 133% of the federal poverty level plus 5% for the applicable family size as determined under applicable federal law and regulations. Provides that persons eligible for medical services under the amendatory Act shall receive benefits identical to the benefits provided under the Health Benefits Service Package as that term is defined in the Code.


LRB102 24264 KTG 33495 b

 

 

A BILL FOR

 

SB3450LRB102 24264 KTG 33495 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 12-4.35 as follows:
 
6    (305 ILCS 5/12-4.35)
7    Sec. 12-4.35. Medical services for certain noncitizens.
8    (a) Notwithstanding Section 1-11 of this Code or Section
920(a) of the Children's Health Insurance Program Act, the
10Department of Healthcare and Family Services may provide
11medical services to noncitizens who have not yet attained 19
12years of age and who are not eligible for medical assistance
13under Article V of this Code or under the Children's Health
14Insurance Program created by the Children's Health Insurance
15Program Act due to their not meeting the otherwise applicable
16provisions of Section 1-11 of this Code or Section 20(a) of the
17Children's Health Insurance Program Act. The medical services
18available, standards for eligibility, and other conditions of
19participation under this Section shall be established by rule
20by the Department; however, any such rule shall be at least as
21restrictive as the rules for medical assistance under Article
22V of this Code or the Children's Health Insurance Program
23created by the Children's Health Insurance Program Act.

 

 

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1    (a-5) Notwithstanding Section 1-11 of this Code, the
2Department of Healthcare and Family Services may provide
3medical assistance in accordance with Article V of this Code
4to noncitizens over the age of 65 years of age who are not
5eligible for medical assistance under Article V of this Code
6due to their not meeting the otherwise applicable provisions
7of Section 1-11 of this Code, whose income is at or below 100%
8of the federal poverty level after deducting the costs of
9medical or other remedial care, and who would otherwise meet
10the eligibility requirements in Section 5-2 of this Code. The
11medical services available, standards for eligibility, and
12other conditions of participation under this Section shall be
13established by rule by the Department; however, any such rule
14shall be at least as restrictive as the rules for medical
15assistance under Article V of this Code.
16    (a-6) By May 30, 2022, notwithstanding Section 1-11 of
17this Code, the Department of Healthcare and Family Services
18may provide medical services to noncitizens 55 years of age
19through 64 years of age who (i) are not eligible for medical
20assistance under Article V of this Code due to their not
21meeting the otherwise applicable provisions of Section 1-11 of
22this Code and (ii) have income at or below 133% of the federal
23poverty level plus 5% for the applicable family size as
24determined under applicable federal law and regulations.
25Persons eligible for medical services under Public Act 102-16
26this amendatory Act of the 102nd General Assembly shall

 

 

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1receive benefits identical to the benefits provided under the
2Health Benefits Service Package as that term is defined in
3subsection (m) of Section 5-1.1 of this Code.
4    (a-7) Notwithstanding Section 1-11 of this Code, the
5Department of Healthcare and Family Services may provide
6medical services to noncitizens with chronic disabilities who
7(i) are not eligible for medical assistance under Article V of
8this Code due to their not meeting the otherwise applicable
9provisions of Section 1-11 of this Code and (ii) have income at
10or below 133% of the federal poverty level plus 5% for the
11applicable family size as determined under applicable federal
12law and regulations. Persons eligible for medical services
13under this amendatory Act of the 102nd General Assembly shall
14receive benefits identical to the benefits provided under the
15Health Benefits Service Package as that term is defined in
16subsection (m) of Section 5-1.1 of this Code.
17    (a-10) Notwithstanding the provisions of Section 1-11, the
18Department shall cover immunosuppressive drugs and related
19services associated with post-kidney transplant management,
20excluding long-term care costs, for noncitizens who: (i) are
21not eligible for comprehensive medical benefits; (ii) meet the
22residency requirements of Section 5-3; and (iii) would meet
23the financial eligibility requirements of Section 5-2.
24    (b) The Department is authorized to take any action that
25would not otherwise be prohibited by applicable law,
26including, without limitation, cessation or limitation of

 

 

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1enrollment, reduction of available medical services, and
2changing standards for eligibility, that is deemed necessary
3by the Department during a State fiscal year to assure that
4payments under this Section do not exceed available funds.
5    (c) (Blank).
6    (d) (Blank).
7(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
8102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43,
9Article 45, Section 45-5, eff. 7-6-21; revised 7-15-21.)