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91_HB1248
LRB9101528JSpc
1 AN ACT concerning children's health care, amending named
2 Acts.
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 35 as follows:
7 (215 ILCS 106/20)
8 (Section scheduled to be repealed on June 30, 2001)
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;
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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 shall 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). Eligibility shall be re-determined by the
23 Department at least annually.
24 (c) A child shall not be eligible for coverage under
25 this Program if:
26 (1) the premium required pursuant to Section 30 of
27 this Act has not been paid. If the required premiums are
28 not paid the liability of the Program shall be limited to
29 benefits incurred under the Program for the time period
30 for which premiums had been paid. If the required
31 monthly premium is not paid, the child shall be
32 ineligible for re-enrollment for a minimum period of 3
33 months. Re-enrollment shall be completed prior to the
34 next covered medical visit and the first month's required
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1 premium shall be paid in advance of the next covered
2 medical visit. The Department shall promulgate rules
3 regarding grace periods, notice requirements, and hearing
4 procedures pursuant to this subsection;
5 (2) the child is an inmate of a public institution
6 or a patient in an institution for mental diseases; or
7 (3) the child is a member of a family that is
8 eligible for health benefits covered under the State of
9 Illinois health benefits plan on the basis of a member's
10 employment with a public agency.
11 (Source: P.A. 90-736, eff. 8-12-98.)
12 (215 ILCS 106/35)
13 (Section scheduled to be repealed on June 30, 2001)
14 Sec. 35. Funding.
15 (a) This Program is not an entitlement and shall not be
16 construed to create an entitlement. Eligibility for the
17 Program is subject to appropriation of funds by the State and
18 federal governments. Subdivision (a)(2) of Section 25 shall
19 operate and be funded only if subdivision (a)(1) of Section
20 25 is operational and funded. The estimated net State share
21 of appropriated funds for subdivision (a)(2) of Section 25
22 shall be equal to the estimated net State share of
23 appropriated funds for subdivision (a)(1) of Section 25.
24 (b) Any requirement imposed under this Act and any
25 implementation of this Act by the Department shall cease in
26 the event (1) continued receipt of federal funds for
27 implementation of this Act requires an amendment to this Act,
28 or (2) federal funds, funds from private sources, or other
29 appropriated funds for implementation of the Act are not
30 otherwise available.
31 (c) Payments under this Act shall be made from funds
32 available pursuant to appropriation appropriated from the
33 General Revenue Fund.
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1 (d) Benefits under this Act shall be available only as
2 long as the intergovernmental agreements made pursuant to
3 Section 12-4.7 and Article XV of the Illinois Public Aid Code
4 and entered into between the Department and the Cook County
5 Board of Commissioners continue to exist.
6 (Source: P.A. 90-736, eff. 8-12-98.)
7 Section 10. The Illinois Public Aid Code is amended by
8 changing 12-4.20 as follows:
9 (305 ILCS 5/12-4.20) (from Ch. 23, par. 12-4.20)
10 Sec. 12-4.20. Appointment of statewide advisory
11 committees. Appoint, when and as it may deem necessary,
12 statewide advisory committees to provide professional or
13 technical consultation in respect to medical or dental or
14 hospital care, general assistance, home economics, or other
15 special aspects of public aid and related welfare functions.
16 At a minimum, the Illinois Department shall appoint an
17 advisory committee to evaluate the administration of the
18 Children's Health Insurance Program Act, to make
19 recommendations for the improvement of the program, and to
20 report its findings and recommendations to the Governor and
21 General Assembly by January 1, 2001 and each year thereafter.
22 The members of the committees shall receive no compensation
23 for their services, other than expenses actually incurred in
24 the performance of their official duties. The number of
25 members of each advisory committee shall be determined by the
26 Illinois Department. The committees shall consult with and
27 advise the Illinois Department in respect to problems and
28 policies incident to the administration of the particular
29 Article or Articles of this Code germane to their respective
30 fields of competence.
31 The Illinois Department shall include a balanced
32 representation of recipients, service providers,
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1 representatives of community and welfare advocacy groups,
2 representatives of local governments dealing with public aid,
3 and representatives of the general public on all statewide
4 advisory committees appointed by it, except that Professional
5 Advisory Committees created under Section 5-5 of this Code to
6 provide technical and professional advice to the Department
7 shall consist entirely of persons practicing a particular
8 profession.
9 (Source: P.A. 86-1475.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.