Bill Text: IL SB1498 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Administration Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may provide medical services to noncitizens who meet the definition of "person with a disability" under the Senior Citizens and Persons with Disabilities Property Tax Relief Act and who (i) are not eligible for medical assistance under the Medical Assistance Article of the Code due to their not meeting the otherwise applicable provisions under the Code concerning citizenship and (ii) have income at or below 133% of the federal poverty level plus 5% for the applicable family size as determined under applicable federal law and regulations. Provides that persons eligible for medical services under the amendatory Act shall receive benefits identical to the benefits provided under the Health Benefits Service Package as that term is defined in the Code.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1498 Detail]

Download: Illinois-2023-SB1498-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1498

Introduced 2/7/2023, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:
305 ILCS 5/12-4.35

Amends the Administration Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may provide medical services to noncitizens who meet the definition of "person with a disability" under the Senior Citizens and Persons with Disabilities Property Tax Relief Act and who (i) are not eligible for medical assistance under the Medical Assistance Article of the Code due to their not meeting the otherwise applicable provisions under the Code concerning citizenship and (ii) have income at or below 133% of the federal poverty level plus 5% for the applicable family size as determined under applicable federal law and regulations. Provides that persons eligible for medical services under the amendatory Act shall receive benefits identical to the benefits provided under the Health Benefits Service Package as that term is defined in the Code.
LRB103 25968 KTG 52320 b

A BILL FOR

SB1498LRB103 25968 KTG 52320 b
1 AN ACT concerning public aid.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5changing 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
920(a) of the Children's Health Insurance Program Act, the
10Department of Healthcare and Family Services may provide
11medical services to noncitizens who have not yet attained 19
12years of age and who are not eligible for medical assistance
13under Article V of this Code or under the Children's Health
14Insurance Program created by the Children's Health Insurance
15Program Act due to their not meeting the otherwise applicable
16provisions of Section 1-11 of this Code or Section 20(a) of the
17Children's Health Insurance Program Act. The medical services
18available, standards for eligibility, and other conditions of
19participation under this Section shall be established by rule
20by the Department; however, any such rule shall be at least as
21restrictive as the rules for medical assistance under Article
22V of this Code or the Children's Health Insurance Program
23created by the Children's Health Insurance Program Act.

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1 (a-5) Notwithstanding Section 1-11 of this Code, the
2Department of Healthcare and Family Services may provide
3medical assistance in accordance with Article V of this Code
4to noncitizens over the age of 65 years of age who are not
5eligible for medical assistance under Article V of this Code
6due to their not meeting the otherwise applicable provisions
7of Section 1-11 of this Code, whose income is at or below 100%
8of the federal poverty level after deducting the costs of
9medical or other remedial care, and who would otherwise meet
10the eligibility requirements in Section 5-2 of this Code. The
11medical services available, standards for eligibility, and
12other conditions of participation under this Section shall be
13established by rule by the Department; however, any such rule
14shall be at least as restrictive as the rules for medical
15assistance under Article V of this Code.
16 (a-6) By May 30, 2022, notwithstanding Section 1-11 of
17this Code, the Department of Healthcare and Family Services
18may provide medical services to noncitizens 55 years of age
19through 64 years of age who (i) are not eligible for medical
20assistance under Article V of this Code due to their not
21meeting the otherwise applicable provisions of Section 1-11 of
22this Code and (ii) have income at or below 133% of the federal
23poverty level plus 5% for the applicable family size as
24determined under applicable federal law and regulations.
25Persons eligible for medical services under Public Act 102-16
26shall receive benefits identical to the benefits provided

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1under the Health Benefits Service Package as that term is
2defined in subsection (m) of Section 5-1.1 of this Code.
3 (a-7) By July 1, 2022, notwithstanding Section 1-11 of
4this Code, the Department of Healthcare and Family Services
5may provide medical services to noncitizens 42 years of age
6through 54 years of age who (i) are not eligible for medical
7assistance under Article V of this Code due to their not
8meeting the otherwise applicable provisions of Section 1-11 of
9this Code and (ii) have income at or below 133% of the federal
10poverty level plus 5% for the applicable family size as
11determined under applicable federal law and regulations. The
12medical services available, standards for eligibility, and
13other conditions of participation under this Section shall be
14established by rule by the Department; however, any such rule
15shall be at least as restrictive as the rules for medical
16assistance under Article V of this Code. In order to provide
17for the timely and expeditious implementation of this
18subsection, the Department may adopt rules necessary to
19establish and implement this subsection through the use of
20emergency rulemaking in accordance with Section 5-45 of the
21Illinois Administrative Procedure Act. For purposes of the
22Illinois Administrative Procedure Act, the General Assembly
23finds that the adoption of rules to implement this subsection
24is deemed necessary for the public interest, safety, and
25welfare.
26 (a-8) Notwithstanding Section 1-11 of this Code, the

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1Department of Healthcare and Family Services may provide
2medical services to noncitizens who meet the definition of
3"person with a disability" under Section 3.14 of the Senior
4Citizens and Persons with Disabilities Property Tax Relief Act
5and who (i) are not eligible for medical assistance under
6Article V of this Code due to their not meeting the otherwise
7applicable provisions of Section 1-11 of this Code and (ii)
8have income at or below 133% of the federal poverty level plus
95% for the applicable family size as determined under
10applicable federal law and regulations. Persons eligible for
11medical services under this amendatory Act of the 103rd
12General Assembly shall receive benefits identical to the
13benefits provided under the Health Benefits Service Package as
14that term is defined in subsection (m) of Section 5-1.1 of this
15Code.
16 (a-10) Notwithstanding the provisions of Section 1-11, the
17Department shall cover immunosuppressive drugs and related
18services associated with post-kidney transplant management,
19excluding long-term care costs, for noncitizens who: (i) are
20not eligible for comprehensive medical benefits; (ii) meet the
21residency requirements of Section 5-3; and (iii) would meet
22the financial eligibility requirements of Section 5-2.
23 (b) The Department is authorized to take any action that
24would not otherwise be prohibited by applicable law,
25including, without limitation, cessation or limitation of
26enrollment, reduction of available medical services, and

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1changing standards for eligibility, that is deemed necessary
2by the Department during a State fiscal year to assure that
3payments under this Section do not exceed available funds.
4 (c) (Blank).
5 (d) (Blank).
6(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
7102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43,
8Article 45, Section 45-5, eff. 7-6-21; 102-813, eff. 5-13-22;
9102-1037, eff. 6-2-22.)
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