Full Text of SB2423 103rd General Assembly
SB2423sam001 103RD GENERAL ASSEMBLY | Sen. Celina Villanueva Filed: 3/2/2023
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| 1 | | AMENDMENT TO SENATE BILL 2423
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2423 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 12-4.35 as follows:
| 6 | | (305 ILCS 5/12-4.35)
| 7 | | Sec. 12-4.35. Medical services for certain noncitizens.
| 8 | | (a) Notwithstanding
Section 1-11 of this Code or Section | 9 | | 20(a) of the Children's Health Insurance
Program Act, the | 10 | | Department of Healthcare and Family Services may provide | 11 | | medical services to
noncitizens who have not yet attained 19 | 12 | | years of age and who are not eligible
for medical assistance | 13 | | under Article V of this Code or under the Children's
Health | 14 | | Insurance Program created by the Children's Health Insurance | 15 | | Program Act
due to their not meeting the otherwise applicable | 16 | | provisions of Section 1-11
of this Code or Section 20(a) of the |
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| 1 | | Children's Health Insurance Program Act.
The medical services | 2 | | available, standards for eligibility, and other conditions
of | 3 | | participation under this Section shall be established by rule | 4 | | by the
Department; however, any such rule shall be at least as | 5 | | restrictive as the
rules for medical assistance under Article | 6 | | V of this Code or the Children's
Health Insurance Program | 7 | | created by the Children's Health Insurance Program
Act.
| 8 | | (a-5) Notwithstanding Section 1-11 of this Code, the | 9 | | Department of Healthcare and Family Services may provide | 10 | | medical assistance in accordance with Article V of this Code | 11 | | to noncitizens over the age of 65 years of age who are not | 12 | | eligible for medical assistance under Article V of this Code | 13 | | due to their not meeting the otherwise applicable provisions | 14 | | of Section 1-11 of this Code, whose income is at or below 100% | 15 | | of the federal poverty level after deducting the costs of | 16 | | medical or other remedial care, and who would otherwise meet | 17 | | the eligibility requirements in Section 5-2 of this Code. The | 18 | | medical services available, standards for eligibility, and | 19 | | other conditions of participation under this Section shall be | 20 | | established by rule by the Department; however, any such rule | 21 | | shall be at least as restrictive as the rules for medical | 22 | | assistance under Article V of this Code. | 23 | | (a-6) By May 30, 2022, notwithstanding Section 1-11 of | 24 | | this Code, the Department of Healthcare and Family Services | 25 | | may provide medical services to noncitizens 55 years of age | 26 | | through 64 years of age who (i) are not eligible for medical |
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| 1 | | assistance under Article V of this Code due to their not | 2 | | meeting the otherwise applicable provisions of Section 1-11 of | 3 | | this Code and (ii) have income at or below 133% of the federal | 4 | | poverty level plus 5% for the applicable family size as | 5 | | determined under applicable federal law and regulations. | 6 | | Persons eligible for medical services under Public Act 102-16 | 7 | | shall receive benefits identical to the benefits provided | 8 | | under the Health Benefits Service Package as that term is | 9 | | defined in subsection (m) of Section 5-1.1 of this Code. | 10 | | (a-7) By July 1, 2022, notwithstanding Section 1-11 of | 11 | | this Code, the Department of Healthcare and Family Services | 12 | | may provide medical services to noncitizens 42 years of age | 13 | | through 54 years of age who (i) are not eligible for medical | 14 | | assistance under Article V of this Code due to their not | 15 | | meeting the otherwise applicable provisions of Section 1-11 of | 16 | | this Code and (ii) have income at or below 133% of the federal | 17 | | poverty level plus 5% for the applicable family size as | 18 | | determined under applicable federal law and regulations. The | 19 | | medical services available, standards for eligibility, and | 20 | | other conditions of participation under this Section shall be | 21 | | established by rule by the Department; however, any such rule | 22 | | shall be at least as restrictive as the rules for medical | 23 | | assistance under Article V of this Code. In order to provide | 24 | | for the timely and expeditious implementation of this | 25 | | subsection, the Department may adopt rules necessary to | 26 | | establish and implement this subsection through the use of |
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| 1 | | emergency rulemaking in accordance with Section 5-45 of the | 2 | | Illinois Administrative Procedure Act. For purposes of the | 3 | | Illinois Administrative Procedure Act, the General Assembly | 4 | | finds that the adoption of rules to implement this subsection | 5 | | is deemed necessary for the public interest, safety, and | 6 | | welfare. | 7 | | (a-10) Notwithstanding the provisions of Section 1-11, the | 8 | | Department shall cover immunosuppressive drugs and related | 9 | | services associated with post-kidney transplant management, | 10 | | excluding long-term care costs, for noncitizens who: (i) are | 11 | | not eligible for comprehensive medical benefits; (ii) meet the | 12 | | residency requirements of Section 5-3; and (iii) would meet | 13 | | the financial eligibility requirements of Section 5-2. | 14 | | (a-11) Notwithstanding the provisions of Section 1-11, the | 15 | | Department shall cover comprehensive post-kidney transplant | 16 | | care for noncitizens who: (i) are not eligible for | 17 | | comprehensive medical benefits; (ii) meet the residency | 18 | | requirements of Section 5-3; and (iii) would meet the | 19 | | financial eligibility requirements of Section 5-2. | 20 | | (b) The Department is authorized to take any action that | 21 | | would not otherwise be prohibited by applicable law, | 22 | | including, without
limitation, cessation or limitation of | 23 | | enrollment, reduction of available medical services,
and | 24 | | changing standards for eligibility, that is deemed necessary | 25 | | by the
Department during a State fiscal year to assure that | 26 | | payments under this
Section do not exceed available funds.
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| 1 | | (c) (Blank).
| 2 | | (d) (Blank).
| 3 | | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; | 4 | | 102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43, | 5 | | Article 45, Section 45-5, eff. 7-6-21; 102-813, eff. 5-13-22; | 6 | | 102-1037, eff. 6-2-22.)".
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