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90_HB2625ham001
LRB9009126SMdvam01
1 AMENDMENT TO HOUSE BILL 2625
2 AMENDMENT NO. . Amend House Bill 2625 by replacing
3 the title with the following:
4 "AN ACT regarding person with disabilities."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Mental Health and Developmental
8 Disabilities Administrative Act is amended by changing
9 Section 57 as follows:
10 (20 ILCS 1705/57) (from Ch. 91 1/2, par. 100-57)
11 Sec. 57. In order to identify the service needs of
12 persons with autism, the Department shall study the needs of
13 the population. The Department shall submit service needs
14 reports to the General Assembly annually which shall
15 supplement the report submitted in accordance with Public Act
16 84-1291. The reports shall include an analysis of progress
17 made since the submission of that report in the areas
18 outlined in that report, with emphasis on the following
19 areas:
20 a. Early intervention services for children with autism
21 and their parents;
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1 b. Enhancement of family support mechanisms to enable
2 persons with autism to remain in a family home environment.
3 The Department shall include in the report a plan to provide
4 family support mechanisms to enable persons with autism to
5 remain in a family home environment;
6 c. Services for adequate transition for people with
7 autism from public school programs to adult work and day
8 programs; and
9 d. Facilitation of placement of persons with autism in
10 the least restrictive community setting.
11 For the purpose of this service needs review, autism
12 means a severely incapacitating life-long developmental
13 disability which:
14 a. may be manifested before a person is 30 months of
15 age,
16 b. may be caused by physical disorders of the brain, and
17 c. is characterized by uneven intellectual development
18 and a combination of disturbances in the rates and sequences
19 of cognitive, affective, psychomotor, language and speech
20 development. This syndrome is further evidenced by abnormal
21 responses to sensory stimuli, problems in developing social
22 relationships, and ritualistic and compulsive behavior.
23 (Source: P.A. 85-971.)
24 Section 10. The Illinois Public Aid Code is amended by
25 changing Section 5-2 as follows:
26 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
27 Sec. 5-2. Classes of Persons Eligible. Medical
28 assistance under this Article shall be available to any of
29 the following classes of persons in respect to whom a plan
30 for coverage has been submitted to the Governor by the
31 Illinois Department and approved by him:
32 1. Recipients of basic maintenance grants under Articles
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1 III and IV.
2 2. Persons otherwise eligible for basic maintenance
3 under Articles III and IV but who fail to qualify thereunder
4 on the basis of need, and who have insufficient income and
5 resources to meet the costs of necessary medical care,
6 including but not limited to, all persons who would be
7 determined eligible for such basic maintenance under Article
8 IV by disregarding the maximum earned income permitted by
9 federal law.
10 3. Persons who would otherwise qualify for Aid to the
11 Medically Indigent under Article VII.
12 4. Persons not eligible under any of the preceding
13 paragraphs who fall sick, are injured, or die, not having
14 sufficient money, property or other resources to meet the
15 costs of necessary medical care or funeral and burial
16 expenses.
17 5. (a) Women during pregnancy, after the fact of
18 pregnancy has been determined by medical diagnosis, and
19 during the 60-day period beginning on the last day of the
20 pregnancy, together with their infants and children born
21 after September 30, 1983, whose income and resources are
22 insufficient to meet the costs of necessary medical care
23 to the maximum extent possible under Title XIX of the
24 Federal Social Security Act.
25 (b) The Illinois Department and the Governor shall
26 provide a plan for coverage of the persons eligible under
27 paragraph 5(a) by April 1, 1990. Such plan shall provide
28 ambulatory prenatal care to pregnant women during a
29 presumptive eligibility period and establish an income
30 eligibility standard that is equal to 133% of the nonfarm
31 income official poverty line, as defined by the federal
32 Office of Management and Budget and revised annually in
33 accordance with Section 673(2) of the Omnibus Budget
34 Reconciliation Act of 1981, applicable to families of the
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1 same size, provided that costs incurred for medical care
2 are not taken into account in determining such income
3 eligibility.
4 (c) The Illinois Department may conduct a
5 demonstration in at least one county that will provide
6 medical assistance to pregnant women, together with their
7 infants and children up to one year of age, where the
8 income eligibility standard is set up to 185% of the
9 nonfarm income official poverty line, as defined by the
10 federal Office of Management and Budget. The Illinois
11 Department shall seek and obtain necessary authorization
12 provided under federal law to implement such a
13 demonstration. Such demonstration may establish resource
14 standards that are not more restrictive than those
15 established under Article IV of this Code.
16 6. Persons under the age of 18 who fail to qualify as
17 dependent under Article IV and who have insufficient income
18 and resources to meet the costs of necessary medical care to
19 the maximum extent permitted under Title XIX of the Federal
20 Social Security Act.
21 7. Persons who are 18 years of age or younger and would
22 qualify as disabled as defined under the Federal Supplemental
23 Security Income Program, provided medical service for such
24 persons would be eligible for Federal Financial
25 Participation, and provided the Illinois Department
26 determines that:
27 (a) the person requires a level of care provided by
28 a hospital, skilled nursing facility, or intermediate
29 care facility, as determined by a physician licensed to
30 practice medicine in all its branches;
31 (b) it is appropriate to provide such care outside
32 of an institution, as determined by a physician licensed
33 to practice medicine in all its branches;
34 (c) the estimated amount which would be expended
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1 for care outside the institution is not greater than the
2 estimated amount which would be expended in an
3 institution.
4 8. Persons who become ineligible for basic maintenance
5 assistance under Article IV of this Code in programs
6 administered by the Illinois Department due to employment
7 earnings and persons in assistance units comprised of adults
8 and children who become ineligible for basic maintenance
9 assistance under Article VI of this Code due to employment
10 earnings. The plan for coverage for this class of persons
11 shall:
12 (a) extend the medical assistance coverage for up
13 to 12 months following termination of basic maintenance
14 assistance; and
15 (b) offer persons who have initially received 6
16 months of the coverage provided in paragraph (a) above,
17 the option of receiving an additional 6 months of
18 coverage, subject to the following:
19 (i) such coverage shall be pursuant to
20 provisions of the federal Social Security Act;
21 (ii) such coverage shall include all services
22 covered while the person was eligible for basic
23 maintenance assistance;
24 (iii) no premium shall be charged for such
25 coverage; and
26 (iv) such coverage shall be suspended in the
27 event of a person's failure without good cause to
28 file in a timely fashion reports required for this
29 coverage under the Social Security Act and coverage
30 shall be reinstated upon the filing of such reports
31 if the person remains otherwise eligible.
32 9. Persons with acquired immunodeficiency syndrome
33 (AIDS) or with AIDS-related conditions with respect to whom
34 there has been a determination that but for home or
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1 community-based services such individuals would require the
2 level of care provided in an inpatient hospital, skilled
3 nursing facility or intermediate care facility the cost of
4 which is reimbursed under this Article. Assistance shall be
5 provided to such persons to the maximum extent permitted
6 under Title XIX of the Federal Social Security Act.
7 10. Participants in the long-term care insurance
8 partnership program established under the Partnership for
9 Long-Term Care Act who meet the qualifications for protection
10 of resources described in Section 25 of that Act.
11 11. Persons who are older than 18 years of age and have
12 been receiving benefits under paragraph 7 of this Section
13 shall remain eligible for continued benefits at the same
14 level of care, provided that a physician, licensed to
15 practice medicine in all its branches, annually determines
16 that the person requires the level of care provided by a
17 hospital, skilled nursing facility, or intermediate care
18 facility. Continued benefits shall not be dependent on the
19 person meeting eligibility requirements for federal financial
20 participation.
21 The Illinois Department and the Governor shall provide a
22 plan for coverage of the persons eligible under paragraph 7
23 as soon as possible after July 1, 1984.
24 The eligibility of any such person for medical assistance
25 under this Article is not affected by the payment of any
26 grant under the Senior Citizens and Disabled Persons Property
27 Tax Relief and Pharmaceutical Assistance Act. The Department
28 shall by rule establish the amounts of assets to be
29 disregarded in determining eligibility for medical
30 assistance, which shall at a minimum equal the amounts to be
31 disregarded under the Federal Supplemental Security Income
32 Program. The amount of assets of a single person to be
33 disregarded shall not be less than $2,000, and the amount of
34 assets of a married couple to be disregarded shall not be
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1 less than $3,000.
2 To the extent permitted under federal law, any person
3 found guilty of a second violation of Article VIIIA shall be
4 ineligible for medical assistance under this Article, as
5 provided in Section 8A-8.
6 The eligibility of any person for medical assistance
7 under this Article shall not be affected by the receipt by
8 the person of donations or benefits from fundraisers held for
9 the person in cases of serious illness, as long as neither
10 the person nor members of the person's family have actual
11 control over the donations or benefits or the disbursement of
12 the donations or benefits.
13 (Source: P.A. 89-525, eff. 7-19-96.)".