[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] |
92_HB2384eng HB2384 Engrossed LRB9207038DJmbA 1 AN ACT in relation to human needs. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Human Services Act is 5 amended by adding Section 10-30 as follows: 6 (20 ILCS 1305/10-30 new) 7 Sec. 10-30. Hispanic/Latino Teen Pregnancy Prevention and 8 Intervention Initiative. 9 (a) The Department is authorized to establish a 10 Hispanic/Latino Teen Pregnancy Prevention and Intervention 11 Initiative program. 12 (b) As a part of the program established under 13 subsection (a), the Department is authorized to award a grant 14 to a qualified entity for the purpose of conducting research, 15 education, and prevention activities to reduce pregnancy 16 among Hispanic teenagers. 17 Section 10. The Illinois Public Aid Code is amended by 18 changing Section 5-2 as follows: 19 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2) 20 Sec. 5-2. Classes of Persons Eligible. Medical 21 assistance under this Article shall be available to any of 22 the following classes of persons in respect to whom a plan 23 for coverage has been submitted to the Governor by the 24 Illinois Department and approved by him: 25 1. Recipients of basic maintenance grants under Articles 26 III and IV. 27 2. Persons otherwise eligible for basic maintenance 28 under Articles III and IV but who fail to qualify thereunder 29 on the basis of need, and who have insufficient income and HB2384 Engrossed -2- LRB9207038DJmbA 1 resources to meet the costs of necessary medical care, 2 including but not limited to the following: 3 (a) All persons otherwise eligible for basic 4 maintenance under Article III but who fail to qualify 5 under that Article on the basis of need and who meet 6 either of the following requirements: 7 (i) their income, as determined by the 8 Illinois Department in accordance with any federal 9 requirements, is equal to or less than 70% in fiscal 10 year 2001, equal to or less than 85% in fiscal year 11 2002, and equal to or less than 100% in fiscal year 12 2003 and thereafter of the nonfarm income official 13 poverty line, as defined by the federal Office of 14 Management and Budget and revised annually in 15 accordance with Section 673(2) of the Omnibus Budget 16 Reconciliation Act of 1981, applicable to families 17 of the same size; or 18 (ii) their income, after the deduction of 19 costs incurred for medical care and for other types 20 of remedial care, is equal to or less than 70% in 21 fiscal year 2001, equal to or less than 85% in 22 fiscal year 2002, and equal to or less than 100% in 23 fiscal year 2003 and thereafter of the nonfarm 24 income official poverty line, as defined in item (i) 25 of this subparagraph (a). 26 (b) All persons who would be determined eligible 27 for such basic maintenance under Article IV by 28 disregarding the maximum earned income permitted by 29 federal law. 30 3. Persons who would otherwise qualify for Aid to the 31 Medically Indigent under Article VII. 32 4. Persons not eligible under any of the preceding 33 paragraphs who fall sick, are injured, or die, not having 34 sufficient money, property or other resources to meet the HB2384 Engrossed -3- LRB9207038DJmbA 1 costs of necessary medical care or funeral and burial 2 expenses. 3 5. (a) Women during pregnancy, after the fact of 4 pregnancy has been determined by medical diagnosis, and 5 during the 60-day period beginning on the last day of the 6 pregnancy, together with their infants and children born 7 after September 30, 1983, whose income and resources are 8 insufficient to meet the costs of necessary medical care 9 to the maximum extent possible under Title XIX of the 10 Federal Social Security Act. 11 (b) The Illinois Department and the Governor shall 12 provide a plan for coverage of the persons eligible under 13 paragraph 5(a) by April 1, 1990. Such plan shall provide 14 ambulatory prenatal care to pregnant women during a 15 presumptive eligibility period and establish an income 16 eligibility standard that is equal to 133% of the nonfarm 17 income official poverty line, as defined by the federal 18 Office of Management and Budget and revised annually in 19 accordance with Section 673(2) of the Omnibus Budget 20 Reconciliation Act of 1981, applicable to families of the 21 same size, provided that costs incurred for medical care 22 are not taken into account in determining such income 23 eligibility. 24 (c) The Illinois Department may conduct a 25 demonstration in at least one county that will provide 26 medical assistance to pregnant women, together with their 27 infants and children up to one year of age, where the 28 income eligibility standard is set up to 185% of the 29 nonfarm income official poverty line, as defined by the 30 federal Office of Management and Budget. The Illinois 31 Department shall seek and obtain necessary authorization 32 provided under federal law to implement such a 33 demonstration. Such demonstration may establish resource 34 standards that are not more restrictive than those HB2384 Engrossed -4- LRB9207038DJmbA 1 established under Article IV of this Code. 2 6. Persons under the age of 18 who fail to qualify as 3 dependent under Article IV and who have insufficient income 4 and resources to meet the costs of necessary medical care to 5 the maximum extent permitted under Title XIX of the Federal 6 Social Security Act. 7 7. Persons who are 18 years of age or younger and would 8 qualify as disabled as defined under the Federal Supplemental 9 Security Income Program, provided medical service for such 10 persons would be eligible for Federal Financial 11 Participation, and provided the Illinois Department 12 determines that: 13 (a) the person requires a level of care provided by 14 a hospital, skilled nursing facility, or intermediate 15 care facility, as determined by a physician licensed to 16 practice medicine in all its branches; 17 (b) it is appropriate to provide such care outside 18 of an institution, as determined by a physician licensed 19 to practice medicine in all its branches; 20 (c) the estimated amount which would be expended 21 for care outside the institution is not greater than the 22 estimated amount which would be expended in an 23 institution. 24 8. Persons who become ineligible for basic maintenance 25 assistance under Article IV of this Code in programs 26 administered by the Illinois Department due to employment 27 earnings and persons in assistance units comprised of adults 28 and children who become ineligible for basic maintenance 29 assistance under Article VI of this Code due to employment 30 earnings. The plan for coverage for this class of persons 31 shall: 32 (a) extend the medical assistance coverage for up 33 to 12 months following termination of basic maintenance 34 assistance; and HB2384 Engrossed -5- LRB9207038DJmbA 1 (b) offer persons who have initially received 6 2 months of the coverage provided in paragraph (a) above, 3 the option of receiving an additional 6 months of 4 coverage, subject to the following: 5 (i) such coverage shall be pursuant to 6 provisions of the federal Social Security Act; 7 (ii) such coverage shall include all services 8 covered while the person was eligible for basic 9 maintenance assistance; 10 (iii) no premium shall be charged for such 11 coverage; and 12 (iv) such coverage shall be suspended in the 13 event of a person's failure without good cause to 14 file in a timely fashion reports required for this 15 coverage under the Social Security Act and coverage 16 shall be reinstated upon the filing of such reports 17 if the person remains otherwise eligible. 18 9. Persons with acquired immunodeficiency syndrome 19 (AIDS) or with AIDS-related conditions with respect to whom 20 there has been a determination that but for home or 21 community-based services such individuals would require the 22 level of care provided in an inpatient hospital, skilled 23 nursing facility or intermediate care facility the cost of 24 which is reimbursed under this Article. Assistance shall be 25 provided to such persons to the maximum extent permitted 26 under Title XIX of the Federal Social Security Act. 27 10. Participants in the long-term care insurance 28 partnership program established under the Partnership for 29 Long-Term Care Act who meet the qualifications for protection 30 of resources described in Section 25 of that Act. 31 11. Persons with disabilities who are employed and 32 eligible for Medicaid, pursuant to Section 33 1902(a)(10)(A)(ii)(xv) of the Social Security Act, as 34 provided by the Illinois Department by rule. HB2384 Engrossed -6- LRB9207038DJmbA 1 12. Subject to federal approval, for the receipt of 2 family planning services, persons whose income is less than 3 200% of the poverty guidelines updated annually in the 4 Federal Register by the U.S. Department of Health and Human 5 Services under authority of 42 U.S.C. 9902(2). The 6 Department must request federal approval of coverage under 7 this paragraph 12 within 30 days after the effective date of 8 this amendatory Act of the 92nd General Assembly. 9 The Illinois Department and the Governor shall provide a 10 plan for coverage of the persons eligible under paragraph 7 11 as soon as possible after July 1, 1984. 12 The eligibility of any such person for medical assistance 13 under this Article is not affected by the payment of any 14 grant under the Senior Citizens and Disabled Persons Property 15 Tax Relief and Pharmaceutical Assistance Act or any 16 distributions or items of income described under subparagraph 17 (X) of paragraph (2) of subsection (a) of Section 203 of the 18 Illinois Income Tax Act. The Department shall by rule 19 establish the amounts of assets to be disregarded in 20 determining eligibility for medical assistance, which shall 21 at a minimum equal the amounts to be disregarded under the 22 Federal Supplemental Security Income Program. The amount of 23 assets of a single person to be disregarded shall not be less 24 than $2,000, and the amount of assets of a married couple to 25 be disregarded shall not be less than $3,000. 26 To the extent permitted under federal law, any person 27 found guilty of a second violation of Article VIIIA shall be 28 ineligible for medical assistance under this Article, as 29 provided in Section 8A-8. 30 The eligibility of any person for medical assistance 31 under this Article shall not be affected by the receipt by 32 the person of donations or benefits from fundraisers held for 33 the person in cases of serious illness, as long as neither 34 the person nor members of the person's family have actual HB2384 Engrossed -7- LRB9207038DJmbA 1 control over the donations or benefits or the disbursement of 2 the donations or benefits. 3 (Source: P.A. 91-676, eff. 12-23-99; 91-699, eff. 7-1-00; 4 91-712, eff. 7-1-00; revised 6-26-00.)