093_HB1662ham001











                                     LRB093 07004 DRJ 13000 a

 1                    AMENDMENT TO HOUSE BILL 1662

 2        AMENDMENT NO.     .  Amend House Bill 1662  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois Public Aid Code is amended by
 5    adding Section 5-2.05 as follows:

 6        (305 ILCS 5/5-2.05 new)
 7        Sec. 5-2.05. Disabled children.
 8        (a)  The purpose of this Section is to offer, to children
 9    with disabilities and severely mentally  ill  or  emotionally
10    disturbed  children  who  otherwise  would  not  qualify  for
11    medical  assistance  under this Article due to family income,
12    home-based   and   community-based   services   instead    of
13    institutional  placement,  as  allowed  under the federal Tax
14    Equity and Financial Responsibility Act of 1982.
15        (b)  A parent or legal guardian of a child  may  purchase
16    medical  assistance coverage under this Article for the child
17    if:
18             (1)  the child is under 19 years of age;
19             (2)  the child is disabled as defined in the  Social
20        Security Act and receives Supplemental Security Income or
21        Social  Security  Disability  Insurance benefits based on
22        that disability;
 
                            -2-      LRB093 07004 DRJ 13000 a
 1             (3)  the child requires a  level  of  care  normally
 2        provided  in  a  medical  institution,  such as a nursing
 3        home, an intermediate  care  facility  for  the  mentally
 4        retarded (ICF/MR), or an acute care hospital;
 5             (4)  a  medical professional determines home care to
 6        be appropriate for the child; and
 7             (5)  the cost of home care for the  child  does  not
 8        exceed the cost of the alternative institutional care.
 9        In  determining a child's eligibility under this Section,
10    the parent's or legal guardian's income and resources may not
11    be considered.
12        (c)  The Department of Public Aid shall  adopt  rules  to
13    implement   this   Section.  These  rules  must  include  the
14    following:
15             (1)  The definition of a medical institution so that
16        both  children  with  a  developmental   disability   and
17        severely  mentally ill and emotionally disturbed children
18        are eligible for medical assistance under this Section.
19             (2)  The level of care  considered  to  be  normally
20        provided in those institutions.
21             (3)  The   method  by  which  home  care  is  deemed
22        appropriate.
23             (4)  The  method  by  which  the  Department   shall
24        determine   that   home   care  is  less  expensive  than
25        institutional care.

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