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90_HB1205
305 ILCS 5/5F heading new
305 ILCS 5/5F-5 new
305 ILCS 5/5F-10 new
305 ILCS 5/5F-15 new
305 ILCS 5/5F-20 new
305 ILCS 5/5F-25 new
305 ILCS 5/6A heading new
305 ILCS 5/6A-5 new
305 ILCS 5/6A-10 new
305 ILCS 5/6A-15 new
305 ILCS 5/6A-20 new
305 ILCS 5/6A-25 new
305 ILCS 5/6A-30 new
Amends the Illinois Public Aid Code. Creates the
Medicaid-Equivalent Medical Assistance program to provide
State funded medical assistance which is the equivalent of
Medicaid for noncitizens who are legal permanent residents or
who are permanently residing in the United States under color
of law and all noncitizens under age 21. Creates the Hunger
Prevention Program. Provides State-funded food stamp
benefits to noncitizens who are lawfully admitted for
permanent residence and noncitizens who are permanently
residing in the United States under color of law. The amount
of State-funded food stamps received is the difference
between the amount of federal food stamps actually received
and the amount of federal food stamps that would be received
if no members of the household were noncitizens of the United
States. Effective immediately.
LRB9003174SMdvB
LRB9003174SMdvB
1 AN ACT to amend the Illinois Public Aid Code by adding
2 Article 5F and Article 6A.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 adding Article 5F and Article 6A as follows:
7 (305 ILCS 5/5F heading new)
8 ARTICLE V-F. MEDICAID-EQUIVALENT MEDICAL ASSISTANCE.
9 (305 ILCS 5/5F-5 new)
10 Sec. 5F-5. Declaration of purpose. It is the purpose of
11 this Article to provide a program of essential medical care
12 and rehabilitative services for persons who are unable,
13 because of inadequate resources, to meet their essential
14 medical needs, but who are ineligible for medical assistance
15 under Article 5 of this Code because of their noncitizen
16 status.
17 Any medical assistance provided under this Article shall
18 be fully funded by the State of Illinois. It replaces
19 medical assistance previously provided to noncitizens who are
20 legal permanent residents or who are permanently residing in
21 the United States under color of law that was funded in part
22 by the State of Illinois and in part by the federal
23 government. It will be provided on a transitional basis in
24 light of the following considerations:
25 (1) all noncitizens who are able to become United
26 States citizens shall do so as expeditiously as possible
27 under the law of the United States; and
28 (2) the federal government should reassume its
29 practice of providing funding for medical assistance for
30 noncitizens who are legal permanent residents or who are
-2- LRB9003174SMdvB
1 permanently residing in the United States under color of
2 law in the same manner as it provides such benefits to
3 citizens of the United States.
4 It is the intent of the General Assembly to provide
5 medical assistance under this Article to:
6 (1) Noncitizens who are legal permanent residents
7 or who are permanently residing in the United states
8 under color of law who would be ineligible for Medicaid
9 under Sections 401, 402, 403, and 421 of the Personal
10 Responsibility and Work Opportunity Reconciliation Act of
11 1996, Pub. L. 104-239; and
12 (2) noncitizens under the age of 21 regardless of
13 their immigration status.
14 (305 ILCS 5/5F-10 new)
15 Sec. 5F-10. Classes of persons eligible. Medical
16 assistance, as defined in Article 5 of this Code, shall be
17 available to any of the following classes of noncitizens who,
18 but for their noncitizen status, would otherwise be eligible
19 for medical assistance under Section 5-2 of this Code:
20 (1) noncitizens who would be ineligible for
21 Medicaid under Sections 401, 402, 403, and 421 of the
22 Personal Responsibility and Work Opportunity
23 Reconciliation Act of 1996, and who are (i) lawful
24 permanent residents or (ii) permanently residing in the
25 United States under color of law; and
26 (2) noncitizens under the age of 21 regardless of
27 their immigration status.
28 (305 ILCS 5/5F-15 new)
29 Sec. 5F-15. Scope of services available. All persons
30 eligible for Medicaid-Equivalent Medical Assistance under
31 this Article shall be entitled to all medical services as set
32 forth in Section 5-5 of this Code, and for recipients under
-3- LRB9003174SMdvB
1 the age of 21, the services set forth in Section 5-19 of this
2 Code.
3 (305 ILCS 5/5F-20 new)
4 Sec. 5F-20. Applicability of sanctions in Article 5 of
5 this Code. Provision of medical assistance under this
6 Article shall be covered by all provisions contained in
7 Article 5 of this Code, except for Sections contained in
8 Article 5 that concern provision of medical assistance to
9 noncitizens.
10 (305 ILCS 5/5F-25 new)
11 Sec. 5F-25. Primacy of medical assistance coverage under
12 Article 5 of this Code. Persons may not be found eligible
13 for medical assistance under this Article unless the Illinois
14 Department has found them to be ineligible for medical
15 assistance under Article 5 of this Code because of their
16 noncitizen status.
17 A person otherwise eligible for medical assistance under
18 Article 5 of this Code who fails or refuses to comply with
19 provisions of this Code or other laws, rules, or regulations
20 which would qualify him or her for aid under Article 5 of
21 this Code shall not receive Medicaid-Equivalent Medical
22 Assistance under this Article.
23 (305 ILCS 5/6A heading new)
24 ARTICLE VI-A. HUNGER PREVENTION PROGRAM.
25 (305 ILCS 5/6A-5 new)
26 Sec. 6A-5. Declaration of purpose. It is the purpose of
27 this Article to provide a program of food stamp benefits for
28 persons who are unable, because of inadequate resources, to
29 meet their essential nutritional needs, but who are
30 ineligible for the federally funded food stamp program
-4- LRB9003174SMdvB
1 because they are not citizens of the United States. The
2 program replaces food stamp benefits that previously were
3 funded by the federal government. The program shall be
4 funded by appropriations from general revenues of the State.
5 (305 ILCS 5/6A-10 new)
6 Sec. 6A-10. Classes of persons eligible. Food stamp
7 benefits under this Article shall be available to the
8 following classes of noncitizens who, but for their
9 noncitizenship status, would otherwise be eligible for
10 federal food stamp benefits:
11 (a) noncitizens who are lawfully admitted for permanent
12 residence; and
13 (b) noncitizens who are permanently residing in the
14 United States under color of law.
15 (305 ILCS 5/6A-15 new)
16 Sec. 6A-15. Applicability of federal food stamp program
17 rules. The eligibility standards and employment and training
18 requirements for participants in the State-funded food stamp
19 program shall be the same as in the federally funded food
20 stamp program.
21 (305 ILCS 5/6A-20 new)
22 Sec. 6A-20. Amount of State-funded food stamp benefits.
23 The amount of State-funded food stamps that a household is
24 eligible to receive shall be the difference between the
25 amount of federal food stamp benefits that the household
26 actually receives and the amount of federal food stamp
27 benefits that the household would receive if no member or
28 members of the household were disqualified from receiving
29 federal food stamp benefits because they are not citizens of
30 the United States.
-5- LRB9003174SMdvB
1 (305 ILCS 5/6A-25 new)
2 Sec. 6A-25. Primacy of federal food stamp program
3 benefits. A person may not be found eligible for assistance
4 under this Article unless the Illinois Department of Public
5 Aid, or its successor agency, the Department of Human
6 Services has found him or her to be ineligible for federal
7 food stamp benefits.
8 A person otherwise eligible for the federally funded food
9 stamp program who fails or refuses to comply with provisions
10 of this Code or other laws, rules, or regulations which would
11 qualify him or her for the federally funded food stamp
12 program shall not receive State-funded food stamp benefits
13 under this Article nor shall any of his or her dependents
14 whose eligibility is contingent upon such compliance receive
15 State-funded food stamp benefits.
16 (305 ILCS 5/6A-30 new)
17 Sec. 6A-30. Program administration. The Illinois
18 Department of Public Aid and its successor agency, the
19 Department of Human Services, shall use electronic benefit
20 transfers, pursuant to its authority under Section 11-3.1 of
21 this Code, and all other reasonable means to minimize the
22 cost of administering this program.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.