State of Illinois
91st General Assembly
Legislation

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91_SB1473

 
                                               LRB9112730JSpc

 1        AN  ACT  to amend the Children's Health Insurance Program
 2    Act by changing Sections 10 and 20 and adding Section 36.

 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 10 and 20 and adding  Section
 7    36 as follows:

 8        (215 ILCS 106/10)
 9        (Section scheduled to be repealed on June 30, 2001)
10        Sec. 10.  Definitions.  As used in this Act:
11        "Benchmarking"  means health benefits coverage as defined
12    in Section 2103 of the Social Security Act.
13        "Child" means a person under the age of 19.
14        "Department" means the Department of Public Aid.
15        "Medical assistance" means health care benefits  provided
16    under Article V of the Illinois Public Aid Code.
17        "Medical  visit"  means  a  hospital,  dental, physician,
18    optical, or  other  health  care  visit  where  services  are
19    provided pursuant to this Act.
20        "Program"  means  the Children's Health Insurance Program
21    and related coverage for the  adult  caretakers  of  children
22    covered  under  the  Program,  which includes subsidizing the
23    cost of privately sponsored health insurance  and  purchasing
24    or providing health care benefits for eligible children.
25        "Resident"   means  a  person  who  meets  the  residency
26    requirements as defined in Section 5-3 of the Illinois Public
27    Aid Code.
28    (Source: P.A. 90-736, eff. 8-12-98.)

29        (215 ILCS 106/20)
30        (Section scheduled to be repealed on June 30, 2001)
 
                            -2-                LRB9112730JSpc
 1        Sec. 20.  Eligibility.
 2        (a)  To be eligible for this Program, a person must be  a
 3    person  who  has  a  child eligible under this Act and who is
 4    eligible under federal  requirements  for  federal  financial
 5    participation  or  under  a  waiver  of  federal requirements
 6    pursuant to  an  application  made  pursuant  to  subdivision
 7    (a)(1) of Section 40 of this Act or who is a child who:
 8             (1)  is  a  child  who  is  not eligible for medical
 9        assistance;
10             (2)  is a child whose annual  household  income,  as
11        determined  by  the  Department,  is  above  133%  of the
12        federal poverty level and at or below 185% of the federal
13        poverty level;
14             (3)  is a  resident of the State of Illinois; and
15             (4)  is a  child  who  is  either  a  United  States
16        citizen or included in one of the following categories of
17        non-citizens:
18                  (A)  unmarried  dependent  children of either a
19             United States  Veteran  honorably  discharged  or  a
20             person on active military duty;
21                  (B)  refugees   under   Section   207   of  the
22             Immigration and Nationality Act;
23                  (C)  asylees   under   Section   208   of   the
24             Immigration and Nationality Act;
25                  (D)  persons  for  whom  deportation  has  been
26             withheld under Section  243(h)  of  the  Immigration
27             and Nationality Act;
28                  (E)  persons  granted  conditional  entry under
29             Section 203(a)(7) of the Immigration and Nationality
30             Act as in effect prior to April 1, 1980;
31                  (F)  persons lawfully  admitted  for  permanent
32             residence under the Immigration and Nationality Act;
33             and
34                  (G)  parolees,  for  at  least  one year, under
 
                            -3-                LRB9112730JSpc
 1             Section 212(d)(5) of the Immigration and Nationality
 2             Act.
 3        Those children who are in the  categories  set  forth  in
 4    subdivisions  (4)(F) and (4)(G) of this subsection, who enter
 5    the United States on or after August 22, 1996, shall  not  be
 6    eligible  for 5 years beginning on the date the child entered
 7    the United States.
 8        (b)  A  child  who  is  determined  to  be  eligible  for
 9    assistance shall remain eligible for 12 months, provided  the
10    child  maintains  his  or her residence in the State, has not
11    yet attained 19 years of age, and is not excluded pursuant to
12    subsection (c).  Eligibility shall be  re-determined  by  the
13    Department at least annually.
14        (c)  A  child  shall  not  be eligible for coverage under
15    this Program if:
16             (1)  the premium required pursuant to Section 30  of
17        this Act has not been paid.  If the required premiums are
18        not paid the liability of the Program shall be limited to
19        benefits  incurred  under the Program for the time period
20        for which  premiums  had  been  paid.   If  the  required
21        monthly   premium   is  not  paid,  the  child  shall  be
22        ineligible for re-enrollment for a minimum  period  of  3
23        months.   Re-enrollment  shall  be completed prior to the
24        next covered medical visit and the first month's required
25        premium shall be paid in  advance  of  the  next  covered
26        medical  visit.   The  Department  shall promulgate rules
27        regarding grace periods, notice requirements, and hearing
28        procedures pursuant to this subsection;
29             (2)  the child is an inmate of a public  institution
30        or a patient in an institution for mental diseases; or
31             (3)  the  child  is  a  member  of  a family that is
32        eligible for health benefits covered under the  State  of
33        Illinois  health benefits plan on the basis of a member's
34        employment with a public agency.
 
                            -4-                LRB9112730JSpc
 1    (Source: P.A. 90-736, eff. 8-12-98.)

 2        (215 ILCS 106/36 new)
 3        Sec.   36.  Adult   caretaker   coverage.    Subject   to
 4    appropriation, the Department shall provide health  insurance
 5    coverage  for  the  adult caretakers of the children eligible
 6    under this Act and Article V of the Illinois Public Aid Code,
 7    to the extent those adults are not otherwise  eligible  under
 8    Article  V  of  the Illinois Public Aid Code.  The Department
 9    shall claim all possible  federal  matching  funds  for  this
10    adult  coverage  available  under  federal  law or waivers of
11    federal law.  Adult coverage shall be defined  in  rules  and
12    shall  be  modeled  on  and implemented consistently with the
13    provisions governing the children's coverage under subsection
14    (c) of Section 20 and Sections 25, 30, and 35 of this Act.

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