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91_HB0042eng HB0042 Engrossed LRB9100078SMpk 1 AN ACT to amend the Illinois Public Aid Code by changing 2 Section 5-2. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Public Aid Code is amended by 6 changing Section 5-2 as follows: 7 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2) 8 Sec. 5-2. Classes of Persons Eligible. Medical 9 assistance under this Article shall be available to any of 10 the following classes of persons in respect to whom a plan 11 for coverage has been submitted to the Governor by the 12 Illinois Department and approved by him: 13 1. Recipients of basic maintenance grants under Articles 14 III and IV. 15 2. Persons otherwise eligible for basic maintenance 16 under Articles III and IV but who fail to qualify thereunder 17 on the basis of need, and who have insufficient income and 18 resources to meet the costs of necessary medical care, 19 including but not limited to, all persons who would be 20 determined eligible for such basic maintenance under Article 21 IV by disregarding the maximum earned income permitted by 22 federal law. 23 3. Persons who would otherwise qualify for Aid to the 24 Medically Indigent under Article VII. 25 4. Persons not eligible under any of the preceding 26 paragraphs who fall sick, are injured, or die, not having 27 sufficient money, property or other resources to meet the 28 costs of necessary medical care or funeral and burial 29 expenses. 30 5. (a) Women during pregnancy, after the fact of 31 pregnancy has been determined by medical diagnosis, and HB0042 Engrossed -2- LRB9100078SMpk 1 during the 60-day period beginning on the last day of the 2 pregnancy, together with their infants and children born 3 after September 30, 1983, whose income and resources are 4 insufficient to meet the costs of necessary medical care 5 to the maximum extent possible under Title XIX of the 6 Federal Social Security Act. 7 (b) The Illinois Department and the Governor shall 8 provide a plan for coverage of the persons eligible under 9 paragraph 5(a) by April 1, 1990. Such plan shall provide 10 ambulatory prenatal care to pregnant women during a 11 presumptive eligibility period and establish an income 12 eligibility standard that is equal to 133% of the nonfarm 13 income official poverty line, as defined by the federal 14 Office of 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 of the 17 same size, provided that costs incurred for medical care 18 are not taken into account in determining such income 19 eligibility. 20 (c) The Illinois Department may conduct a 21 demonstration in at least one county that will provide 22 medical assistance to pregnant women, together with their 23 infants and children up to one year of age, where the 24 income eligibility standard is set up to 185% of the 25 nonfarm income official poverty line, as defined by the 26 federal Office of Management and Budget. The Illinois 27 Department shall seek and obtain necessary authorization 28 provided under federal law to implement such a 29 demonstration. Such demonstration may establish resource 30 standards that are not more restrictive than those 31 established under Article IV of this Code. 32 6. Persons under the age of 18 who fail to qualify as 33 dependent under Article IV and who have insufficient income 34 and resources to meet the costs of necessary medical care to HB0042 Engrossed -3- LRB9100078SMpk 1 the maximum extent permitted under Title XIX of the Federal 2 Social Security Act. 3 7. Persons who are 18 years of age or younger and would 4 qualify as disabled as defined under the Federal Supplemental 5 Security Income Program, provided medical service for such 6 persons would be eligible for Federal Financial 7 Participation, and provided the Illinois Department 8 determines that: 9 (a) the person requires a level of care provided by 10 a hospital, skilled nursing facility, or intermediate 11 care facility, as determined by a physician licensed to 12 practice medicine in all its branches; 13 (b) it is appropriate to provide such care outside 14 of an institution, as determined by a physician licensed 15 to practice medicine in all its branches; 16 (c) the estimated amount which would be expended 17 for care outside the institution is not greater than the 18 estimated amount which would be expended in an 19 institution. 20 8. Persons who become ineligible for basic maintenance 21 assistance under Article IV of this Code in programs 22 administered by the Illinois Department due to employment 23 earnings and persons in assistance units comprised of adults 24 and children who become ineligible for basic maintenance 25 assistance under Article VI of this Code due to employment 26 earnings. The plan for coverage for this class of persons 27 shall: 28 (a) extend the medical assistance coverage for up 29 to 12 months following termination of basic maintenance 30 assistance; and 31 (b) offer persons who have initially received 6 32 months of the coverage provided in paragraph (a) above, 33 the option of receiving an additional 6 months of 34 coverage, subject to the following: HB0042 Engrossed -4- LRB9100078SMpk 1 (i) such coverage shall be pursuant to 2 provisions of the federal Social Security Act; 3 (ii) such coverage shall include all services 4 covered while the person was eligible for basic 5 maintenance assistance; 6 (iii) no premium shall be charged for such 7 coverage; and 8 (iv) such coverage shall be suspended in the 9 event of a person's failure without good cause to 10 file in a timely fashion reports required for this 11 coverage under the Social Security Act and coverage 12 shall be reinstated upon the filing of such reports 13 if the person remains otherwise eligible. 14 9. Persons with acquired immunodeficiency syndrome 15 (AIDS) or with AIDS-related conditions with respect to whom 16 there has been a determination that but for home or 17 community-based services such individuals would require the 18 level of care provided in an inpatient hospital, skilled 19 nursing facility or intermediate care facility the cost of 20 which is reimbursed under this Article. Assistance shall be 21 provided to such persons to the maximum extent permitted 22 under Title XIX of the Federal Social Security Act. 23 10. Participants in the long-term care insurance 24 partnership program established under the Partnership for 25 Long-Term Care Act who meet the qualifications for protection 26 of resources described in Section 25 of that Act. 27 The Illinois Department and the Governor shall provide a 28 plan for coverage of the persons eligible under paragraph 7 29 as soon as possible after July 1, 1984. 30 The eligibility of any such person for medical assistance 31 under this Article is not affected by the payment of any 32 grant under the Senior Citizens and Disabled Persons Property 33 Tax Relief and Pharmaceutical Assistance Act. The Department 34 shall by rule establish the amounts of assets to be HB0042 Engrossed -5- LRB9100078SMpk 1 disregarded in determining eligibility for medical 2 assistance, which shall at a minimum equal the amounts to be 3 disregarded under the Federal Supplemental Security Income 4 Program. The amount of assets of a single person to be 5 disregarded shall not be less than $2,000, and the amount of 6 assets of a married couple to be disregarded shall not be 7 less than $3,000. 8 In determining eligibility for medical assistance, the 9 Illinois Department shall each month disregard $45 of the 10 income of a resident of a skilled nursing facility or 11 intermediate care facility. 12 To the extent permitted under federal law, any person 13 found guilty of a second violation of Article VIIIA shall be 14 ineligible for medical assistance under this Article, as 15 provided in Section 8A-8. 16 The eligibility of any person for medical assistance 17 under this Article shall not be affected by the receipt by 18 the person of donations or benefits from fundraisers held for 19 the person in cases of serious illness, as long as neither 20 the person nor members of the person's family have actual 21 control over the donations or benefits or the disbursement of 22 the donations or benefits. 23 (Source: P.A. 89-525, eff. 7-19-96.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.