093_HB1630

 
                                     LRB093 05280 DRJ 05370 b

 1        AN ACT in relation to human needs.

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

 4        Section  5.  The  Department  of  Human  Services  Act is
 5    amended by adding Section 10-35 as follows:

 6        (20 ILCS 1305/10-35 new)
 7        Sec. 10-35. Hispanic/Latino Teen Pregnancy Prevention and
 8    Intervention Initiative.
 9        (a)  The  Department  is  authorized   to   establish   a
10    Hispanic/Latino  Teen  Pregnancy  Prevention and Intervention
11    Initiative program.
12        (b)  As  a  part  of  the   program   established   under
13    subsection (a), the Department is authorized to award a grant
14    to a qualified entity for the purpose of conducting research,
15    education,  and  prevention  activities  to  reduce pregnancy
16    among Hispanic teenagers.

17        Section 10.  The Illinois Public Aid Code is  amended  by
18    changing Section 5-2 as follows:

19        (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
20        Sec.   5-2.  Classes   of   Persons   Eligible.   Medical
21    assistance under this Article shall be available  to  any  of
22    the  following  classes  of persons in respect to whom a plan
23    for coverage has  been  submitted  to  the  Governor  by  the
24    Illinois Department and approved by him:
25        1.  Recipients of basic maintenance grants under Articles
26    III and IV.
27        2.  Persons  otherwise  eligible  for  basic  maintenance
28    under  Articles III and IV but who fail to qualify thereunder
29    on the basis of need, and who have  insufficient  income  and
 
                            -2-      LRB093 05280 DRJ 05370 b
 1    resources  to  meet  the  costs  of  necessary  medical care,
 2    including but not limited to the following:
 3             (a)  All  persons  otherwise  eligible   for   basic
 4        maintenance  under  Article  III  but who fail to qualify
 5        under that Article on the basis  of  need  and  who  meet
 6        either of the following requirements:
 7                  (i)  their   income,   as   determined  by  the
 8             Illinois Department in accordance with  any  federal
 9             requirements, is equal to or less than 70% in fiscal
10             year  2001, equal to or less than 85% in fiscal year
11             2002 and until  a  date  to  be  determined  by  the
12             Department  by  rule, and equal to or less than 100%
13             beginning on the date determined by  the  Department
14             by  rule,  of  the  nonfarm  income official poverty
15             line, as defined by the federal Office of Management
16             and Budget and revised annually in  accordance  with
17             Section  673(2) of the Omnibus Budget Reconciliation
18             Act of 1981, applicable  to  families  of  the  same
19             size; or
20                  (ii)  their  income,  after  the  deduction  of
21             costs  incurred for medical care and for other types
22             of remedial care, is equal to or less  than  70%  in
23             fiscal  year  2001,  equal  to  or  less than 85% in
24             fiscal year 2002 and until a date to  be  determined
25             by the Department by rule, and equal to or less than
26             100%   beginning  on  the  date  determined  by  the
27             Department by rule, of the nonfarm  income  official
28             poverty  line,  as  defined  in  item  (i)  of  this
29             subparagraph (a).
30             (b)  All  persons  who  would be determined eligible
31        for  such  basic  maintenance   under   Article   IV   by
32        disregarding  the  maximum  earned  income  permitted  by
33        federal law.
34        3.  Persons  who  would  otherwise qualify for Aid to the
 
                            -3-      LRB093 05280 DRJ 05370 b
 1    Medically Indigent under Article VII.
 2        4.  Persons not  eligible  under  any  of  the  preceding
 3    paragraphs  who  fall  sick,  are injured, or die, not having
 4    sufficient money, property or other  resources  to  meet  the
 5    costs  of  necessary  medical  care  or  funeral  and  burial
 6    expenses.
 7        5. (a)  Women   during   pregnancy,  after  the  fact  of
 8        pregnancy has been determined by medical  diagnosis,  and
 9        during the 60-day period beginning on the last day of the
10        pregnancy,  together with their infants and children born
11        after September 30, 1983, whose income and resources  are
12        insufficient  to meet the costs of necessary medical care
13        to the maximum extent possible under  Title  XIX  of  the
14        Federal Social Security Act.
15             (b)  The  Illinois Department and the Governor shall
16        provide a plan for coverage of the persons eligible under
17        paragraph 5(a) by April 1, 1990.  Such plan shall provide
18        ambulatory prenatal  care  to  pregnant  women  during  a
19        presumptive  eligibility  period  and establish an income
20        eligibility standard that is equal to 133% of the nonfarm
21        income official poverty line, as defined by  the  federal
22        Office  of  Management and Budget and revised annually in
23        accordance with Section  673(2)  of  the  Omnibus  Budget
24        Reconciliation Act of 1981, applicable to families of the
25        same  size, provided that costs incurred for medical care
26        are not taken into account  in  determining  such  income
27        eligibility.
28             (c)  The   Illinois   Department   may   conduct   a
29        demonstration  in  at  least one county that will provide
30        medical assistance to pregnant women, together with their
31        infants and children up to one year  of  age,  where  the
32        income  eligibility  standard  is  set  up to 185% of the
33        nonfarm income official poverty line, as defined  by  the
34        federal  Office  of  Management  and Budget. The Illinois
 
                            -4-      LRB093 05280 DRJ 05370 b
 1        Department shall seek and obtain necessary  authorization
 2        provided   under   federal   law   to  implement  such  a
 3        demonstration.  Such demonstration may establish resource
 4        standards  that  are  not  more  restrictive  than  those
 5        established under Article IV of this Code.
 6        6.  Persons under the age of 18 who fail  to  qualify  as
 7    dependent  under  Article IV and who have insufficient income
 8    and resources to meet the costs of necessary medical care  to
 9    the  maximum  extent permitted under Title XIX of the Federal
10    Social Security Act.
11        7.  Persons who are 18 years of age or younger and  would
12    qualify as disabled as defined under the Federal Supplemental
13    Security  Income  Program,  provided medical service for such
14    persons   would   be   eligible   for    Federal    Financial
15    Participation,   and   provided   the   Illinois   Department
16    determines that:
17             (a)  the person requires a level of care provided by
18        a  hospital,  skilled  nursing  facility, or intermediate
19        care facility, as determined by a physician  licensed  to
20        practice medicine in all its branches;
21             (b)  it  is appropriate to provide such care outside
22        of an institution, as determined by a physician  licensed
23        to practice medicine in all its branches;
24             (c)  the  estimated  amount  which would be expended
25        for care outside the institution is not greater than  the
26        estimated   amount   which   would   be  expended  in  an
27        institution.
28        8.  Persons who become ineligible for  basic  maintenance
29    assistance   under  Article  IV  of  this  Code  in  programs
30    administered by the Illinois  Department  due  to  employment
31    earnings  and persons in assistance units comprised of adults
32    and children who  become  ineligible  for  basic  maintenance
33    assistance  under  Article  VI of this Code due to employment
34    earnings.  The plan for coverage for this  class  of  persons
 
                            -5-      LRB093 05280 DRJ 05370 b
 1    shall:
 2             (a)  extend  the  medical assistance coverage for up
 3        to 12 months following termination of  basic  maintenance
 4        assistance; and
 5             (b)  offer  persons  who  have  initially received 6
 6        months of the coverage provided in paragraph  (a)  above,
 7        the  option  of  receiving  an  additional  6  months  of
 8        coverage, subject to the following:
 9                  (i)  such   coverage   shall   be  pursuant  to
10             provisions of the federal Social Security Act;
11                  (ii)  such coverage shall include all  services
12             covered  while  the  person  was  eligible for basic
13             maintenance assistance;
14                  (iii)  no premium shall  be  charged  for  such
15             coverage; and
16                  (iv)  such  coverage  shall be suspended in the
17             event of a person's failure without  good  cause  to
18             file  in  a timely fashion reports required for this
19             coverage under the Social Security Act and  coverage
20             shall  be reinstated upon the filing of such reports
21             if the person remains otherwise eligible.
22        9.  Persons  with  acquired   immunodeficiency   syndrome
23    (AIDS)  or  with AIDS-related conditions with respect to whom
24    there  has  been  a  determination  that  but  for  home   or
25    community-based  services  such individuals would require the
26    level of care provided  in  an  inpatient  hospital,  skilled
27    nursing  facility  or  intermediate care facility the cost of
28    which is reimbursed under this Article.  Assistance shall  be
29    provided  to  such  persons  to  the maximum extent permitted
30    under Title XIX of the Federal Social Security Act.
31        10.  Participants  in  the   long-term   care   insurance
32    partnership  program  established  under  the Partnership for
33    Long-Term Care Act who meet the qualifications for protection
34    of resources described in Section 25 of that Act.
 
                            -6-      LRB093 05280 DRJ 05370 b
 1        11.  Persons  with  disabilities  who  are  employed  and
 2    eligible    for     Medicaid,     pursuant     to     Section
 3    1902(a)(10)(A)(ii)(xv)   of   the  Social  Security  Act,  as
 4    provided by the Illinois Department by rule.
 5        12.  Subject  to  federal  approval,  persons   who   are
 6    eligible  for  medical  assistance  coverage under applicable
 7    provisions of the federal Social Security Act and the federal
 8    Breast and Cervical Cancer Prevention and  Treatment  Act  of
 9    2000.  Those eligible persons are defined to include, but not
10    be limited to, the following persons:
11             (1)  persons  who  have  been screened for breast or
12        cervical  cancer  under  the  U.S.  Centers  for  Disease
13        Control and Prevention Breast and Cervical Cancer Program
14        established under Title XV of the federal  Public  Health
15        Services  Act  in  accordance  with  the  requirements of
16        Section 1504 of that Act as administered by the  Illinois
17        Department of Public Health; and
18             (2)  persons   whose   screenings  under  the  above
19        program  were  funded  in  whole  or  in  part  by  funds
20        appropriated to the Illinois Department of Public  Health
21        for breast or cervical cancer screening.
22    "Medical   assistance"  under  this  paragraph  12  shall  be
23    identical to the benefits provided under the State's approved
24    plan under  Title  XIX  of  the  Social  Security  Act.   The
25    Department  must  request  federal  approval  of the coverage
26    under this paragraph 12 within 30 days  after  the  effective
27    date of this amendatory Act of the 92nd General Assembly.
28        13.  Subject  to  federal  approval,  for  the receipt of
29    family planning services, persons whose income is  less  than
30    200%  of  the  poverty  guidelines  updated  annually  in the
31    Federal Register by the U.S. Department of Health  and  Human
32    Services   under   authority   of  42  U.S.C.  9902(2).   The
33    Department of Public Aid must  request  federal  approval  of
34    coverage  under  this  paragraph  13 within 30 days after the
 
                            -7-      LRB093 05280 DRJ 05370 b
 1    effective date of this amendatory Act  of  the  93rd  General
 2    Assembly.
 3        The  Illinois Department and the Governor shall provide a
 4    plan for coverage of the persons eligible under  paragraph  7
 5    as soon as possible after July 1, 1984.
 6        The eligibility of any such person for medical assistance
 7    under  this  Article  is  not  affected by the payment of any
 8    grant under the Senior Citizens and Disabled Persons Property
 9    Tax  Relief  and  Pharmaceutical  Assistance   Act   or   any
10    distributions or items of income described under subparagraph
11    (X)  of paragraph (2) of subsection (a) of Section 203 of the
12    Illinois Income  Tax  Act.   The  Department  shall  by  rule
13    establish   the  amounts  of  assets  to  be  disregarded  in
14    determining eligibility for medical assistance,  which  shall
15    at  a  minimum  equal the amounts to be disregarded under the
16    Federal Supplemental Security Income Program.  The amount  of
17    assets of a single person to be disregarded shall not be less
18    than  $2,000, and the amount of assets of a married couple to
19    be disregarded shall not be less than $3,000.
20        To the extent permitted under  federal  law,  any  person
21    found  guilty of a second violation of Article VIIIA shall be
22    ineligible for medical  assistance  under  this  Article,  as
23    provided in Section 8A-8.
24        The  eligibility  of  any  person  for medical assistance
25    under this Article shall not be affected by  the  receipt  by
26    the person of donations or benefits from fundraisers held for
27    the  person  in  cases of serious illness, as long as neither
28    the person nor members of the  person's  family  have  actual
29    control over the donations or benefits or the disbursement of
30    the donations or benefits.
31    (Source: P.A.  91-676,  eff.  12-23-99;  91-699, eff. 7-1-00;
32    91-712, eff. 7-1-00; 92-16, eff. 6-28-01; 92-47, eff. 7-3-01;
33    92-597, eff. 6-28-02.)