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92_HB0023 LRB9200767JSpc 1 AN ACT concerning children's health care, amending named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Children's Health Insurance Program Act 6 is amended by changing Sections 10, 20, and 35 and adding 7 Section 23 as follows: 8 (215 ILCS 106/10) 9 (Section scheduled to be repealed on July 1, 2002) 10 Sec. 10. Definitions. As used in this Act: 11 "Benchmarking" means health benefits coverage as defined 12 in Section 2103 of the Social Security Act. 13 "Child" means a person under the age of 19. 14 "Department" means the Department of Public Aid. 15 "Medical assistance" means health care benefits provided 16 under Article V of the Illinois Public Aid Code. 17 "Medical visit" means a hospital, dental, physician, 18 optical, or other health care visit where services are 19 provided pursuant to this Act. 20 "Program" means the Children's Health Insurance Program, 21 and related coverage for the adult caretakers of children 22 covered under the Program, which includes subsidizing the 23 cost of privately sponsored health insurance and purchasing 24 or providing health care benefits for eligible persons 25children. 26 "Resident" means a person who meets the residency 27 requirements as defined in Section 5-3 of the Illinois Public 28 Aid Code. 29 (Source: P.A. 90-736, eff. 8-12-98.) 30 (215 ILCS 106/20) -2- LRB9200767JSpc 1 (Section scheduled to be repealed on July 1, 2002) 2 Sec. 20. Eligibility. 3 (a) To be eligible for this Program, a person must be a 4 person who has a child eligible under this Act and who is 5 eligible under federal requirements for federal financial 6 participation or under a waiver of federal requirements 7 pursuant to an application made pursuant to subdivision 8 (a)(1) of Section 40 of this Act or who is a child who: 9 (1) is a child who is not eligible for medical 10 assistance; 11 (2) is a child whose annual household income, as 12 determined by the Department, is above 133% of the 13 federal poverty level and at or below 200%185%of the 14 federal poverty level; 15 (3) is a resident of the State of Illinois; and 16 (4) is a child who is either a United States 17 citizen or included in one of the following categories of 18 non-citizens: 19 (A) unmarried dependent children of either a 20 United States Veteran honorably discharged or a 21 person on active military duty; 22 (B) refugees under Section 207 of the 23 Immigration and Nationality Act; 24 (C) asylees under Section 208 of the 25 Immigration and Nationality Act; 26 (D) persons for whom deportation has been 27 withheld under Section 243(h) of the Immigration 28 and Nationality Act; 29 (E) persons granted conditional entry under 30 Section 203(a)(7) of the Immigration and Nationality 31 Act as in effect prior to April 1, 1980; 32 (F) persons lawfully admitted for permanent 33 residence under the Immigration and Nationality Act; 34 and -3- LRB9200767JSpc 1 (G) parolees, for at least one year, under 2 Section 212(d)(5) of the Immigration and Nationality 3 Act. 4 Those children who are in the categories set forth in 5 subdivisions (4)(F) and (4)(G) of this subsection, who enter 6 the United States on or after August 22, 1996, shall not be 7 eligible for 5 years beginning on the date the child entered 8 the United States. 9 (b) A child who is determined to be eligible for 10 assistance shall remain eligible for 12 months, provided the 11 child maintains his or her residence in the State, has not 12 yet attained 19 years of age, and is not excluded pursuant to 13 subsection (c). Eligibility shall be re-determined by the 14 Department at least annually. 15 (c) A child shall not be eligible for coverage under 16 this Program if: 17 (1) the premium required pursuant to Section 30 of 18 this Act has not been paid. If the required premiums are 19 not paid the liability of the Program shall be limited to 20 benefits incurred under the Program for the time period 21 for which premiums had been paid. If the required 22 monthly premium is not paid, the child shall be 23 ineligible for re-enrollment for a minimum period of 3 24 months. Re-enrollment shall be completed prior to the 25 next covered medical visit and the first month's required 26 premium shall be paid in advance of the next covered 27 medical visit. The Department shall promulgate rules 28 regarding grace periods, notice requirements, and hearing 29 procedures pursuant to this subsection; 30 (2) the child is an inmate of a public institution 31 or a patient in an institution for mental diseases; or 32 (3) the child is a member of a family that is 33 eligible for health benefits covered under the State of 34 Illinois health benefits plan on the basis of a member's -4- LRB9200767JSpc 1 employment with a public agency. 2 (Source: P.A. 90-736, eff. 8-12-98.) 3 (215 ILCS 106/23 new) 4 (Section scheduled to be repealed on July 1, 2002) 5 Sec. 23. Eligibility for adult caretakers of eligible 6 children. Subject to appropriation, the Department shall 7 include coverage for the adult caretakers of the children 8 eligible under this Act, to the extent federal financial 9 participation is available under federal law or waivers of 10 federal law. Adult coverage shall be defined in rules and 11 shall be modeled on the children's coverage and consistent 12 with the provisions governing the children's coverage in 13 subsection (c) of Section 20, and in Sections 25, 30, and 35. 14 (215 ILCS 106/35) 15 (Section scheduled to be repealed on July 1, 2002) 16 Sec. 35. Funding. 17 (a) This Program is not an entitlement and shall not be 18 construed to create an entitlement. Eligibility for the 19 Program is subject to appropriation of funds by the State and 20 federal governments. Subdivision (a)(2) of Section 25 shall 21 operate and be funded only if subdivision (a)(1) of Section 22 25 is operational and funded. The estimated net State share 23 of appropriated funds for subdivision (a)(2) of Section 25 24 shall be equal to the estimated net State share of 25 appropriated funds for subdivision (a)(1) of Section 25. 26 (b) Any requirement imposed under this Act and any 27 implementation of this Act by the Department shall cease in 28 the event (1) continued receipt of federal funds for 29 implementation of this Act requires an amendment to this Act, 30 or (2) federal funds, funds from private sources, or other 31 appropriated funds for implementation of the Act are not 32 otherwise available. -5- LRB9200767JSpc 1 (c) Payments under this Act shall be made from funds 2 available pursuant to appropriationappropriated from the3General Revenue Fundand other funds that are authorized to 4 be used to reimburse or make medical payments for health care 5 benefits under this Act or Title XXI of the Social Security 6 Act. 7 (d) Benefits under this Act shall be available only as 8 long as the intergovernmental agreements made pursuant to 9 Section 12-4.7 and Article XV of the Illinois Public Aid Code 10 and entered into between the Department and the Cook County 11 Board of Commissioners continue to exist. 12 (Source: P.A. 90-736, eff. 8-12-98; 91-24, eff. 7-1-99.) 13 Section 10. The Illinois Public Aid Code is amended by 14 changing 12-4.20 as follows: 15 (305 ILCS 5/12-4.20) (from Ch. 23, par. 12-4.20) 16 Sec. 12-4.20. Appointment of statewide advisory 17 committees. Appoint, when and as it may deem necessary, 18 statewide advisory committees to provide professional or 19 technical consultation in respect to medical or dental or 20 hospital care, general assistance, home economics, or other 21 special aspects of public aid and related welfare functions. 22 At a minimum, the Illinois Department shall appoint an 23 advisory committee to evaluate the administration of the 24 Children's Health Insurance Program Act, to make 25 recommendations for the improvement of the program, and to 26 report its findings and recommendations to the Governor and 27 General Assembly by January 1, 2002 and each year thereafter. 28 The members of the committees shall receive no compensation 29 for their services, other than expenses actually incurred in 30 the performance of their official duties. The number of 31 members of each advisory committee shall be determined by the 32 Illinois Department. The committees shall consult with and -6- LRB9200767JSpc 1 advise the Illinois Department in respect to problems and 2 policies incident to the administration of the particular 3 Article or Articles of this Code germane to their respective 4 fields of competence. 5 The Illinois Department shall include a balanced 6 representation of recipients, service providers, 7 representatives of community and welfare advocacy groups, 8 representatives of local governments dealing with public aid, 9 and representatives of the general public on all statewide 10 advisory committees appointed by it, except that Professional 11 Advisory Committees created under Section 5-5 of this Code to 12 provide technical and professional advice to the Department 13 shall consist entirely of persons practicing a particular 14 profession. 15 (Source: P.A. 86-1475.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.