103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1570

 

Introduced 1/31/2023, by Rep. Elizabeth "Lisa" Hernandez

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-45.35 new
305 ILCS 5/12-4.35

    Amends the Administration Article of the Illinois Public Aid Code. Provides that the amendatory Act may be referred to as the Healthy Illinois for All Law. Provides that by July 1, 2023, the Department of Healthcare and Family Services may provide medical services to noncitizens 19 years of age through 41 years of age who (i) are not eligible for medical assistance due to their not meeting the otherwise applicable provisions under the Code concerning citizenship requirements and (ii) have income at or below 133% of the federal poverty level plus 5% for the applicable family size as determined under applicable federal law and regulations. Provide that persons eligible for medical services under the amendatory Act shall receive benefits identical to the benefits provided under the Health Benefits Service Package as that term is defined in the Code. Requires the Department to establish by rule the medical services available, the standards for eligibility, and other conditions of participation for persons eligible to receive medical services under the amendatory Act. Requires any such rules to be at least as restrictive as the rules for medical assistance. Amends the Illinois Administrative Procedure Act. Grants the Department emergency rulemaking authority to implement the amendatory Act. Effective July 1, 2023.


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A BILL FOR

 

HB1570LRB103 05917 KTG 50938 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Healthy
5Illinois for All Law.
 
6    Section 5. The Illinois Administrative Procedure Act is
7amended by adding Section 5-45.35 as follows:
 
8    (5 ILCS 100/5-45.35 new)
9    Sec. 5-45.35. Emergency rulemaking; Medical services for
10certain noncitizens 19 years of age through 41 years of age. To
11provide for the expeditious and timely implementation of
12subsection (a-8) of Section 12-4.35 of the Illinois Public Aid
13Code, emergency rules implementing the subsection (a-8) of
14Section 12-4.35 of the Illinois Public Aid Code may be adopted
15in accordance with Section 5-45 by the Department of
16Healthcare and Family Services. The adoption of emergency
17rules authorized by Section 5-45 and this Section is deemed to
18be necessary for the public interest, safety, and welfare.
19    This Section is repealed one year after the effective date
20of this amendatory Act of the 103rd General Assembly.
 
21    Section 10. The Illinois Public Aid Code is amended by

 

 

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1changing Section 12-4.35 as follows:
 
2    (305 ILCS 5/12-4.35)
3    Sec. 12-4.35. Medical services for certain noncitizens.
4    (a) Notwithstanding Section 1-11 of this Code or Section
520(a) of the Children's Health Insurance Program Act, the
6Department of Healthcare and Family Services may provide
7medical services to noncitizens who have not yet attained 19
8years of age and who are not eligible for medical assistance
9under Article V of this Code or under the Children's Health
10Insurance Program created by the Children's Health Insurance
11Program Act due to their not meeting the otherwise applicable
12provisions of Section 1-11 of this Code or Section 20(a) of the
13Children's Health Insurance Program Act. The medical services
14available, standards for eligibility, and other conditions of
15participation under this Section shall be established by rule
16by the Department; however, any such rule shall be at least as
17restrictive as the rules for medical assistance under Article
18V of this Code or the Children's Health Insurance Program
19created by the Children's Health Insurance Program Act.
20    (a-5) Notwithstanding Section 1-11 of this Code, the
21Department of Healthcare and Family Services may provide
22medical assistance in accordance with Article V of this Code
23to noncitizens over the age of 65 years of age who are not
24eligible for medical assistance under Article V of this Code
25due to their not meeting the otherwise applicable provisions

 

 

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1of Section 1-11 of this Code, whose income is at or below 100%
2of the federal poverty level after deducting the costs of
3medical or other remedial care, and who would otherwise meet
4the eligibility requirements in Section 5-2 of this Code. The
5medical services available, standards for eligibility, and
6other conditions of participation under this Section shall be
7established by rule by the Department; however, any such rule
8shall be at least as restrictive as the rules for medical
9assistance under Article V of this Code.
10    (a-6) By May 30, 2022, notwithstanding Section 1-11 of
11this Code, the Department of Healthcare and Family Services
12may provide medical services to noncitizens 55 years of age
13through 64 years of age who (i) are not eligible for medical
14assistance under Article V of this Code due to their not
15meeting the otherwise applicable provisions of Section 1-11 of
16this Code and (ii) have income at or below 133% of the federal
17poverty level plus 5% for the applicable family size as
18determined under applicable federal law and regulations.
19Persons eligible for medical services under Public Act 102-16
20shall receive benefits identical to the benefits provided
21under the Health Benefits Service Package as that term is
22defined in subsection (m) of Section 5-1.1 of this Code.
23    (a-7) By July 1, 2022, notwithstanding Section 1-11 of
24this Code, the Department of Healthcare and Family Services
25may provide medical services to noncitizens 42 years of age
26through 54 years of age who (i) are not eligible for medical

 

 

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1assistance under Article V of this Code due to their not
2meeting the otherwise applicable provisions of Section 1-11 of
3this Code and (ii) have income at or below 133% of the federal
4poverty level plus 5% for the applicable family size as
5determined under applicable federal law and regulations. The
6medical services available, standards for eligibility, and
7other conditions of participation under this Section shall be
8established by rule by the Department; however, any such rule
9shall be at least as restrictive as the rules for medical
10assistance under Article V of this Code. In order to provide
11for the timely and expeditious implementation of this
12subsection, the Department may adopt rules necessary to
13establish and implement this subsection through the use of
14emergency rulemaking in accordance with Section 5-45 of the
15Illinois Administrative Procedure Act. For purposes of the
16Illinois Administrative Procedure Act, the General Assembly
17finds that the adoption of rules to implement this subsection
18is deemed necessary for the public interest, safety, and
19welfare.
20    (a-8) By July 1, 2023, notwithstanding Section 1-11 of
21this Code, the Department of Healthcare and Family Services
22may provide medical services to noncitizens 19 years of age
23through 41 years of age who (i) are not eligible for medical
24assistance under Article V of this Code due to their not
25meeting the otherwise applicable provisions of Section 1-11 of
26this Code and (ii) have income at or below 133% of the federal

 

 

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1poverty level plus 5% for the applicable family size as
2determined under applicable federal law and regulations.
3Persons eligible for medical services under this subsection
4shall receive benefits identical to the benefits provided
5under the Health Benefits Service Package as that term is
6defined in subsection (m) of Section 5-1.1 of this Code. The
7medical services available, standards for eligibility, and
8other conditions of participation under this subsection shall
9be established by rule by the Department. However, any such
10rules shall be at least as restrictive as the rules for medical
11assistance under Article V of this Code. In order to provide
12for the timely and expeditious implementation of this
13subsection, the Department may adopt rules necessary to
14establish and implement this subsection through the use of
15emergency rulemaking in accordance with Section 5-45 of the
16Illinois Administrative Procedure Act. For purposes of the
17Illinois Administrative Procedure Act, the General Assembly
18finds that the adoption of rules to implement this subsection
19is deemed necessary for the public interest, safety, and
20welfare.
21    (a-10) Notwithstanding the provisions of Section 1-11, the
22Department shall cover immunosuppressive drugs and related
23services associated with post-kidney transplant management,
24excluding long-term care costs, for noncitizens who: (i) are
25not eligible for comprehensive medical benefits; (ii) meet the
26residency requirements of Section 5-3; and (iii) would meet

 

 

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1the financial eligibility requirements of Section 5-2.
2    (b) The Department is authorized to take any action that
3would not otherwise be prohibited by applicable law,
4including, without limitation, cessation or limitation of
5enrollment, reduction of available medical services, and
6changing standards for eligibility, that is deemed necessary
7by the Department during a State fiscal year to assure that
8payments under this Section do not exceed available funds.
9    (c) (Blank).
10    (d) (Blank).
11(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
12102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43,
13Article 45, Section 45-5, eff. 7-6-21; 102-813, eff. 5-13-22;
14102-1037, eff. 6-2-22.)
 
15    Section 99. Effective date. This Act takes effect July 1,
162023.