[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] |
92_HB4136ham001
LRB9214781LBpram02
1 AMENDMENT TO HOUSE BILL 4136
2 AMENDMENT NO. . Amend House Bill 4136 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Children's Health Insurance Program Act
5 is amended by changing Sections 20, 40, and 97 as follows:
6 (215 ILCS 106/20)
7 (Section scheduled to be repealed on July 1, 2002)
8 Sec. 20. Eligibility.
9 (a) To be eligible for this Program, a person must be a
10 person who has a child eligible under this Act and who is
11 eligible under a waiver of federal requirements pursuant to
12 an application made pursuant to subdivision (a)(1) of Section
13 40 of this Act or who is a child who:
14 (1) is a child who is not eligible for medical
15 assistance;
16 (2) is a child whose annual household income, as
17 determined by the Department, is above 133% of the
18 federal poverty level and at or below 185% of the federal
19 poverty level;
20 (3) is a resident of the State of Illinois; and
21 (4) is a child who is either a United States
22 citizen or included in one of the following categories of
-2- LRB9214781LBpram02
1 non-citizens:
2 (A) unmarried dependent children of either a
3 United States Veteran honorably discharged or a
4 person on active military duty;
5 (B) refugees under Section 207 of the
6 Immigration and Nationality Act;
7 (C) asylees under Section 208 of the
8 Immigration and Nationality Act;
9 (D) persons for whom deportation has been
10 withheld under Section 243(h) of the Immigration
11 and Nationality Act;
12 (E) persons granted conditional entry under
13 Section 203(a)(7) of the Immigration and Nationality
14 Act as in effect prior to April 1, 1980;
15 (F) persons lawfully admitted for permanent
16 residence under the Immigration and Nationality Act;
17 and
18 (G) parolees, for at least one year, under
19 Section 212(d)(5) of the Immigration and Nationality
20 Act.
21 Those children who are in the categories set forth in
22 subdivisions (4)(F) and (4)(G) of this subsection, who enter
23 the United States on or after August 22, 1996, shall not be
24 eligible for 5 years beginning on the date the child entered
25 the United States.
26 (b) A child who is determined to be eligible for
27 assistance shall remain eligible for 12 months, provided the
28 child maintains his or her residence in the State, has not
29 yet attained 19 years of age, and is not excluded pursuant to
30 subsection (c). Eligibility, including any determinations
31 made under subsection (d) of this Section, shall be
32 re-determined by the Department at least annually.
33 (c) A child shall not be eligible for coverage under
34 this Program if:
-3- LRB9214781LBpram02
1 (1) the premium required pursuant to Section 30 of
2 this Act has not been paid. If the required premiums are
3 not paid the liability of the Program shall be limited to
4 benefits incurred under the Program for the time period
5 for which premiums had been paid. If the required
6 monthly premium is not paid, the child shall be
7 ineligible for re-enrollment for a minimum period of 3
8 months. Re-enrollment shall be completed prior to the
9 next covered medical visit and the first month's required
10 premium shall be paid in advance of the next covered
11 medical visit. The Department shall promulgate rules
12 regarding grace periods, notice requirements, and hearing
13 procedures pursuant to this subsection;
14 (2) the child is an inmate of a public institution
15 or a patient in an institution for mental diseases; or
16 (3) the child is a member of a family that is
17 eligible for health benefits covered under the State of
18 Illinois health benefits plan on the basis of a member's
19 employment with a public agency.
20 (d) In determining income for eligibility under this
21 Section, the Department may disregard:
22 (1) the amount of the child's family medical
23 expenses, as itemized on Schedule A, Form 1040 of the
24 Department of the Treasury Internal Revenue Service tax
25 returns of the previous year; or
26 (2) in the absence of a Schedule A, Form 1040, the
27 amount of extraordinary medical expenses due to chronic
28 illness or disability of a child. The Department shall
29 establish by rule a definition of extraordinary medical
30 expenses, chronic illness, and disability.
31 Income eligibility shall be redetermined according to
32 subsection (b) of this Section.
33 (Source: P.A. 90-736, eff. 8-12-98
-4- LRB9214781LBpram02
1 (215 ILCS 106/40)
2 (Section scheduled to be repealed on July 1, 2002)
3 Sec. 40. Waivers.
4 (a) The Department shall request any necessary waivers
5 of federal requirements in order to allow receipt of federal
6 funding for:
7 (1) the coverage of families with eligible children
8 under this Act; and
9 (2) for the coverage of children who would
10 otherwise be eligible under this Act, but who have health
11 insurance.
12 (a-5) The Department must receive a waiver from the
13 responsible federal agency before implementing the provisions
14 of this Act in cases in which eligibility depends on
15 subsection (d) of Section 20.
16 (b) The failure of the responsible federal agency to
17 approve a waiver for children who would otherwise be eligible
18 under this Act but who have health insurance shall not
19 prevent the implementation of any Section of this Act
20 provided that there are sufficient appropriated funds.
21 (Source: P.A. 90-736, eff. 8-12-98.)
22 (215 ILCS 106/97)
23 (Section scheduled to be repealed on July 1, 2002)
24 Sec. 97. Repealer. This Act is repealed on July 1, 2003
25 2002.
26 (Source: P.A. 90-736, eff. 8-12-98; 91-712, eff. 7-1-00.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".