State of Illinois
91st General Assembly
Legislation

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91_HB4461

 
                                               LRB9111600DJdv

 1        AN  ACT  to  amend the Illinois Public Aid Code by adding
 2    Section 5-23.

 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    adding Section 5-23 as follows:

 7        (305 ILCS 5/5-23 new)
 8        Sec. 5-23. Purchase of medical assistance.
 9        (a)  A  person  who  meets  the  following  criteria  may
10    purchase medical assistance under this Article:
11             (1) The person is disabled within the meaning of the
12        Social Security Act and:
13                  (A)  is  a  recipient  of  either  Supplemental
14             Security  Income  or  Social   Security   Disability
15             Insurance benefits based on that disability; or
16                  (B) would be a recipient of either Supplemental
17             Security   Income   or  Social  Security  Disability
18             Insurance benefits based on that disability  but  is
19             ineligible  for  those  benefits based solely on the
20             amount of the person's earned income.
21             (2) The  person's  assets  do  not  exceed  $15,000,
22        excluding  any amounts in a retirement account, assistive
23        technology account, medical  savings  account,  or  other
24        account   designed   to  enable  the  person  to  achieve
25        self-sufficiency.
26        (b) In determining a  person's  eligibility  to  purchase
27    medical   assistance   under   this   Section,  the  Illinois
28    Department shall disregard the following:
29             (1) The person's earned income.
30             (2)  The  person's  unearned  income,  up   to   the
31        Supplemental  Security  Income  payment  amount  then  in

 
                            -2-                LRB9111600DJdv
 1        effect.
 2             (3)  The  person's  spouse's  assets  and earned and
 3        unearned income.
 4        (c)   The   Illinois   Department   shall   adopt   rules
 5    establishing the premiums to  be  paid  to  purchase  medical
 6    assistance  under  this  Section.   The rules shall establish
 7    premiums at the rate of 10% of the  amount  of  the  person's
 8    earned  income  that  exceeds  250% of the poverty guidelines
 9    updated annually in the Federal Register by the United States
10    Department of Health and Human Services  under  authority  of
11    section  673(2)  of  the Omnibus Budget Reconciliation Act of
12    1981.  The rules for determining the person's  earned  income
13    shall   require  (i)  the  use  of  the  same  earned  income
14    disregards used to  determine  eligibility  for  Supplemental
15    Security Income and  (ii) the deduction of impairment-related
16    work  expenses,  as  defined in the Social Security Act, from
17    the person's earned income.

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