Illinois General Assembly - Full Text of SB0130
Illinois General Assembly

Previous General Assemblies

Full Text of SB0130  93rd General Assembly

SB0130enr 93rd General Assembly


093_SB0130enr

 
SB130 Enrolled                       LRB093 04054 JLS 04093 b

 1        AN  ACT  concerning  the  children's   health   insurance
 2    program.

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

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

 7        (215 ILCS 106/20)
 8        (Section scheduled to be repealed on July 1, 2003)
 9        Sec. 20.  Eligibility.
10        (a)  To be eligible for this Program, a person must be  a
11    person  who  has  a  child eligible under this Act and who is
12    eligible under a waiver of federal requirements  pursuant  to
13    an application made pursuant to subdivision (a)(1) of Section
14    40 of this Act or who is a child who:
15             (1)  is  a  child  who  is  not eligible for medical
16        assistance;
17             (2)  is a child whose annual  household  income,  as
18        determined  by  the  Department,  is  above  133%  of the
19        federal poverty level and at or below 200%  185%  of  the
20        federal poverty level;
21             (3)  is a  resident of the State of Illinois; and
22             (4)  is  a  child  who  is  either  a  United States
23        citizen or included in one of the following categories of
24        non-citizens:
25                  (A)  unmarried dependent children of  either  a
26             United  States  Veteran  honorably  discharged  or a
27             person on active military duty;
28                  (B)  refugees  under   Section   207   of   the
29             Immigration and Nationality Act;
30                  (C)  asylees   under   Section   208   of   the
31             Immigration and Nationality Act;
 
SB130 Enrolled             -2-       LRB093 04054 JLS 04093 b
 1                  (D)  persons  for  whom  deportation  has  been
 2             withheld  under  Section  243(h)  of the Immigration
 3             and Nationality Act;
 4                  (E)  persons granted  conditional  entry  under
 5             Section 203(a)(7) of the Immigration and Nationality
 6             Act as in effect prior to April 1, 1980;
 7                  (F)  persons  lawfully  admitted  for permanent
 8             residence under the Immigration and Nationality Act;
 9             and
10                  (G)  parolees, for at  least  one  year,  under
11             Section 212(d)(5) of the Immigration and Nationality
12             Act.
13        Those  children  who  are  in the categories set forth in
14    subdivisions (4)(F) and (4)(G) of this subsection, who  enter
15    the  United  States on or after August 22, 1996, shall not be
16    eligible for 5 years beginning on the date the child  entered
17    the United States.
18        (b)  A  child  who  is  determined  to  be  eligible  for
19    assistance  may  remain  eligible for 12 months, provided the
20    child maintains his or her residence in the  State,  has  not
21    yet attained 19 years of age, and is not excluded pursuant to
22    subsection  (c).   A  child  who  has  been  determined to be
23    eligible for assistance must reapply or  otherwise  establish
24    eligibility  at  least  annually.  An eligible child shall be
25    required, as determined by the Department by rule, to  report
26    promptly those changes in income and other circumstances that
27    affect  eligibility.   The  eligibility  of  a  child  may be
28    redetermined based on the  information  reported  or  may  be
29    terminated  based  on  the  failure  to  report or failure to
30    report  accurately.   A  child's  responsible   relative   or
31    caretaker  may  also be held liable to the Department for any
32    payments made by the Department on such child's  behalf  that
33    were  inappropriate.  An  applicant  shall  be  provided with
34    notice of these obligations.
 
SB130 Enrolled             -3-       LRB093 04054 JLS 04093 b
 1        (c)  A child shall not be  eligible  for  coverage  under
 2    this Program if:
 3             (1)  the  premium required pursuant to Section 30 of
 4        this Act has not been paid.  If the required premiums are
 5        not paid the liability of the Program shall be limited to
 6        benefits incurred under the Program for the  time  period
 7        for  which  premiums  had  been  paid.   If  the required
 8        monthly  premium  is  not  paid,  the  child   shall   be
 9        ineligible  for  re-enrollment  for a minimum period of 3
10        months.  Re-enrollment shall be completed  prior  to  the
11        next covered medical visit and the first month's required
12        premium  shall  be  paid  in  advance of the next covered
13        medical visit.  The  Department  shall  promulgate  rules
14        regarding grace periods, notice requirements, and hearing
15        procedures pursuant to this subsection;
16             (2)  the  child is an inmate of a public institution
17        or a patient in an institution for mental diseases; or
18             (3)  the child is a  member  of  a  family  that  is
19        eligible  for  health benefits covered under the State of
20        Illinois health benefits plan on the basis of a  member's
21        employment with a public agency.
22    (Source: P.A. 92-597, eff. 6-28-02.)

23        (215 ILCS 106/40)
24        (Section scheduled to be repealed on July 1, 2003)
25        Sec. 40.  Waivers.
26        (a)  The  Department  shall request any necessary waivers
27    of federal requirements in order to allow receipt of  federal
28    funding for:
29             (1)  the coverage of families with eligible children
30        under this Act; and
31             (2)  for   the   coverage   of  children  who  would
32        otherwise be eligible under this Act, but who have health
33        insurance.
 
SB130 Enrolled             -4-       LRB093 04054 JLS 04093 b
 1        (b)  The failure of the  responsible  federal  agency  to
 2    approve a waiver for children who would otherwise be eligible
 3    under  this  Act  but  who  have  health  insurance shall not
 4    prevent  the  implementation  of  any  Section  of  this  Act
 5    provided that there are sufficient appropriated funds.
 6        (c)  Eligibility of a person under an approved waiver due
 7    to the relationship with a child pursuant to Article V of the
 8    Illinois Public Aid Code or this Act shall be limited to such
 9    a  person  whose  countable  income  is  determined  by   the
10    Department to be at or below such income eligibility standard
11    as  the Department by rule shall establish.  The income level
12    established by the Department shall not be below 90%  65%  of
13    the  federal  poverty level.  Such persons who are determined
14    to  be  eligible  must  reapply,   or   otherwise   establish
15    eligibility,  at least annually.  An eligible person shall be
16    required, as determined by the Department by rule, to  report
17    promptly those changes in income and other circumstances that
18    affect  eligibility.   The  eligibility  of  a  person may be
19    redetermined based on the  information  reported  or  may  be
20    terminated  based  on  the  failure  to  report or failure to
21    report accurately.  A person may also be held liable  to  the
22    Department  for  any  payments made by the Department on such
23    person's behalf that were inappropriate.  An applicant  shall
24    be provided with notice of these obligations.
25    (Source: P.A. 92-597, eff. 6-28-02.)

26        (215 ILCS 106/97 rep.)
27        Section  10.  The Children's Health Insurance Program Act
28    is amended by repealing Section 97.

29        Section 99.  Effective date.  This Act takes effect upon
 
SB130 Enrolled             -5-       LRB093 04054 JLS 04093 b
 1    becoming law.