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Public Act 093-0063


 

Public Act 93-0063 of the 93rd General Assembly


Public Act 93-0063

SB130 Enrolled                       LRB093 04054 JLS 04093 b

    AN  ACT  concerning  the  children's   health   insurance
program.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Children's Health Insurance Program Act
is amended by changing Sections 20 and 40 as follows:

    (215 ILCS 106/20)
    (Section scheduled to be repealed on July 1, 2003)
    Sec. 20.  Eligibility.
    (a)  To be eligible for this Program, a person must be  a
person  who  has  a  child eligible under this Act and who is
eligible under a waiver of federal requirements  pursuant  to
an application made pursuant to subdivision (a)(1) of Section
40 of this Act or who is a child who:
         (1)  is  a  child  who  is  not eligible for medical
    assistance;
         (2)  is a child whose annual  household  income,  as
    determined  by  the  Department,  is  above  133%  of the
    federal poverty level and at or below 200%  185%  of  the
    federal poverty level;
         (3)  is a  resident of the State of Illinois; and
         (4)  is  a  child  who  is  either  a  United States
    citizen or included in one of the following categories of
    non-citizens:
              (A)  unmarried dependent children of  either  a
         United  States  Veteran  honorably  discharged  or a
         person on active military duty;
              (B)  refugees  under   Section   207   of   the
         Immigration and Nationality Act;
              (C)  asylees   under   Section   208   of   the
         Immigration and Nationality Act;
              (D)  persons  for  whom  deportation  has  been
         withheld  under  Section  243(h)  of the Immigration
         and Nationality Act;
              (E)  persons granted  conditional  entry  under
         Section 203(a)(7) of the Immigration and Nationality
         Act as in effect prior to April 1, 1980;
              (F)  persons  lawfully  admitted  for permanent
         residence under the Immigration and Nationality Act;
         and
              (G)  parolees, for at  least  one  year,  under
         Section 212(d)(5) of the Immigration and Nationality
         Act.
    Those  children  who  are  in the categories set forth in
subdivisions (4)(F) and (4)(G) of this subsection, who  enter
the  United  States on or after August 22, 1996, shall not be
eligible for 5 years beginning on the date the child  entered
the United States.
    (b)  A  child  who  is  determined  to  be  eligible  for
assistance  may  remain  eligible for 12 months, provided the
child maintains his or her residence in the  State,  has  not
yet attained 19 years of age, and is not excluded pursuant to
subsection  (c).   A  child  who  has  been  determined to be
eligible for assistance must reapply or  otherwise  establish
eligibility  at  least  annually.  An eligible child shall be
required, as determined by the Department by rule, to  report
promptly those changes in income and other circumstances that
affect  eligibility.   The  eligibility  of  a  child  may be
redetermined based on the  information  reported  or  may  be
terminated  based  on  the  failure  to  report or failure to
report  accurately.   A  child's  responsible   relative   or
caretaker  may  also be held liable to the Department for any
payments made by the Department on such child's  behalf  that
were  inappropriate.  An  applicant  shall  be  provided with
notice of these obligations.
    (c)  A child shall not be  eligible  for  coverage  under
this Program if:
         (1)  the  premium required pursuant to Section 30 of
    this Act has not been paid.  If the required premiums are
    not paid the liability of the Program shall be limited to
    benefits incurred under the Program for the  time  period
    for  which  premiums  had  been  paid.   If  the required
    monthly  premium  is  not  paid,  the  child   shall   be
    ineligible  for  re-enrollment  for a minimum period of 3
    months.  Re-enrollment shall be completed  prior  to  the
    next covered medical visit and the first month's required
    premium  shall  be  paid  in  advance of the next covered
    medical visit.  The  Department  shall  promulgate  rules
    regarding grace periods, notice requirements, and hearing
    procedures pursuant to this subsection;
         (2)  the  child is an inmate of a public institution
    or a patient in an institution for mental diseases; or
         (3)  the child is a  member  of  a  family  that  is
    eligible  for  health benefits covered under the State of
    Illinois health benefits plan on the basis of a  member's
    employment with a public agency.
(Source: P.A. 92-597, eff. 6-28-02.)

    (215 ILCS 106/40)
    (Section scheduled to be repealed on July 1, 2003)
    Sec. 40.  Waivers.
    (a)  The  Department  shall request any necessary waivers
of federal requirements in order to allow receipt of  federal
funding for:
         (1)  the coverage of families with eligible children
    under this Act; and
         (2)  for   the   coverage   of  children  who  would
    otherwise be eligible under this Act, but who have health
    insurance.
    (b)  The failure of the  responsible  federal  agency  to
approve a waiver for children who would otherwise be eligible
under  this  Act  but  who  have  health  insurance shall not
prevent  the  implementation  of  any  Section  of  this  Act
provided that there are sufficient appropriated funds.
    (c)  Eligibility of a person under an approved waiver due
to the relationship with a child pursuant to Article V of the
Illinois Public Aid Code or this Act shall be limited to such
a  person  whose  countable  income  is  determined  by   the
Department to be at or below such income eligibility standard
as  the Department by rule shall establish.  The income level
established by the Department shall not be below 90%  65%  of
the  federal  poverty level.  Such persons who are determined
to  be  eligible  must  reapply,   or   otherwise   establish
eligibility,  at least annually.  An eligible person shall be
required, as determined by the Department by rule, to  report
promptly those changes in income and other circumstances that
affect  eligibility.   The  eligibility  of  a  person may be
redetermined based on the  information  reported  or  may  be
terminated  based  on  the  failure  to  report or failure to
report accurately.  A person may also be held liable  to  the
Department  for  any  payments made by the Department on such
person's behalf that were inappropriate.  An applicant  shall
be provided with notice of these obligations.
(Source: P.A. 92-597, eff. 6-28-02.)

    (215 ILCS 106/97 rep.)
    Section  10.  The Children's Health Insurance Program Act
is amended by repealing Section 97.

    Section 99.  Effective date.  This Act takes effect upon
becoming law.

Effective Date: 6/30/2003