State of Illinois
92nd General Assembly
Legislation

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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 9        (Section scheduled to be repealed on July 1, 2002)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
25    children.
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 1        (Section scheduled to be repealed on July 1, 2002)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  appropriation  appropriated  from  the
 3    General  Revenue  Fund and 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.

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