Public Act 90-0335 of the 90th General Assembly
Public Act 90-0335
HB1279 Enrolled LRB9003718SMdv
AN ACT to amend the Illinois Public Aid Code by adding
Section 5-5c.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
adding Section 5-5c as follows:
(305 ILCS 5/5-5c new)
Sec. 5-5c. Waiver for home and community-based services
for traumatic brain injury (TBI) patients. The Department
shall apply for a waiver from the United States Health Care
Financing Administration to allow payment for home and
community-based services under this Article for traumatic
brain injury patients.
The Department shall submit a Home and Community-Based
Services TBI Waiver request to the United States Health Care
Financing Administration by January 1, 1998. The waiver
shall be requested pursuant to Section 1915(c) of the Social
Security Act. The Department shall request a waiver of
Section 1902(a)(10)(B) of the Social Security Act in order to
target home and community-based services to individuals with
a traumatic brain injury meeting the Medicaid eligibility
criteria set forth in appendices to the Prototype Waiver
request.
Under the waiver, the Department, in cooperation with
the Department of Human Services and any other relevant
State, local, or federal government agency, may establish a
nursing facility pre-screening program to determine whether
an applicant who is eligible for medical assistance under
this Article and has a traumatic brain injury may use home
and community-based services as a reasonable, lower-cost
alternative form of care. If a waiver request has not been
submitted by January 1, 1998 the Department shall submit the
TBI Prototype Waiver request to the United States Health Care
Financing Administration.
Section 99. Effective date. This Act takes effect upon
becoming law.