Public Act 0248 95TH GENERAL ASSEMBLY

HB1758 Enrolled LRB095 03965 DRJ 24057 b

Public Act 095-0248

AN ACT concerning public aid.

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 5-2.4 as follows:

(305 ILCS 5/5-2.4 new)

Sec. 5-2.4. Pilot project; certain persons with disabilities.

(a) The Department of Healthcare and Family Services shall operate a pilot project to determine the effect of raising the income and non-exempt asset eligibility thresholds for certain persons with disabilities on those persons' ability to maintain their homes in the community and avoid institutionalization. Enrollment under the pilot project shall be limited to 50 persons per year. Persons who become eligible under this project shall remain eligible for medical assistance unless they no longer meet the standards under which they were determined eligible under the project. Eligibility for medical assistance under this Section shall cease once a person obtains other health coverage considered adequate to meet his or her health care needs.

(b) Persons who meet all of the following criteria may be enrolled under the pilot project:

(1) they initially enrolled for medical assistance under paragraph 2(a)(ii) of Section 5-2;

(2) subsequent to initial enrollment, they are otherwise qualified under paragraph 2(a)(i) of Section 5-2, except that their income, as determined by the Department, exceeds 100% of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under authority of 42 U.S.C. 9902(2) ("the federal poverty income guidelines");

(3) they were at least 60 years of age but less than 65 years of age upon initial enrollment for medical assistance;

(4) they have income no greater than 200% of the federal poverty income guidelines; and

(5) they have non-exempt assets no greater than $10,000.

(c) In order to provide for the expeditious and timely implementation of this Section, the Department of Healthcare and Family Services may adopt rules necessary to implement this Section through the use of emergency rulemaking in accordance with Section 5-45 of the Illinois Administrative Procedure Act. The General Assembly finds that the adoption of rules to implement this Section is deemed an emergency and necessary for the public interest, safety, and welfare.

(d) This Section is repealed on June 30, 2012.

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