093_HB0680eng

 
HB0680 Engrossed                     LRB093 07415 JLS 07579 b

 1        AN ACT concerning children's health.

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

 4        Section 5.  The Children's Health Insurance  Program  Act
 5    is amended by changing Section 20 as follows:

 6        (215 ILCS 106/20)
 7        (Section scheduled to be repealed on July 1, 2003)
 8        Sec. 20.  Eligibility.
 9        (a)  To  be eligible for this Program, a person must be a
10    person who has a child eligible under this  Act  and  who  is
11    eligible  under  a waiver of federal requirements pursuant to
12    an application made pursuant to subdivision (a)(1) of Section
13    40 of this Act or who is a child who is:
14             (1)  is a child who  is  not  eligible  for  medical
15        assistance;
16             (2)  is  a  child  whose annual household income, as
17        determined by  the  Department,  is  above  133%  of  the
18        federal poverty level and at or below 185% of the federal
19        poverty level;
20             (3)  is a  resident of the State of Illinois; and
21             (4)  is  a  child  who  is  either  a  United States
22        citizen or included in one of the following categories of
23        non-citizens:
24                  (A)  unmarried dependent children of  either  a
25             United  States  Veteran  honorably  discharged  or a
26             person on active military duty;
27                  (B)  refugees  under   Section   207   of   the
28             Immigration and Nationality Act;
29                  (C)  asylees   under   Section   208   of   the
30             Immigration and Nationality Act;
31                  (D)  persons  for  whom  deportation  has  been
 
HB0680 Engrossed            -2-      LRB093 07415 JLS 07579 b
 1             withheld  under  Section  243(h)  of the Immigration
 2             and Nationality Act;
 3                  (E)  persons granted  conditional  entry  under
 4             Section 203(a)(7) of the Immigration and Nationality
 5             Act as in effect prior to April 1, 1980;
 6                  (F)  persons  lawfully  admitted  for permanent
 7             residence under the Immigration and Nationality Act;
 8             and
 9                  (G)  parolees, for at  least  one  year,  under
10             Section 212(d)(5) of the Immigration and Nationality
11             Act.
12        Those  children  who  are  in the categories set forth in
13    subdivisions (4)(F) and (4)(G) of this subsection, who  enter
14    the  United  States on or after August 22, 1996, shall not be
15    eligible for 5 years beginning on the date the child  entered
16    the United States.
17        (b)  A  child  who  is  determined  to  be  eligible  for
18    assistance  may  remain  eligible for 12 months, provided the
19    child maintains his or her residence in the  State,  has  not
20    yet attained 19 years of age, and is not excluded pursuant to
21    subsection  (c).   A  child  who  has  been  determined to be
22    eligible for assistance must reapply or  otherwise  establish
23    eligibility  at  least  annually.  An eligible child shall be
24    required, as determined by the Department by rule, to  report
25    promptly those changes in income and other circumstances that
26    affect  eligibility.   The  eligibility  of  a  child  may be
27    redetermined based on the  information  reported  or  may  be
28    terminated  based  on  the  failure  to  report or failure to
29    report  accurately.   A  child's  responsible   relative   or
30    caretaker  may  also be held liable to the Department for any
31    payments made by the Department on such child's  behalf  that
32    were  inappropriate.  An  applicant  shall  be  provided with
33    notice of these obligations.
34        (c)  A child shall not be  eligible  for  coverage  under
 
HB0680 Engrossed            -3-      LRB093 07415 JLS 07579 b
 1    this Program if:
 2             (1)  the  premium required pursuant to Section 30 of
 3        this Act has not been paid.  If the required premiums are
 4        not paid the liability of the Program shall be limited to
 5        benefits incurred under the Program for the  time  period
 6        for  which  premiums  had  been  paid.   If  the required
 7        monthly  premium  is  not  paid,  the  child   shall   be
 8        ineligible  for  re-enrollment  for a minimum period of 3
 9        months.  Re-enrollment shall be completed  prior  to  the
10        next covered medical visit and the first month's required
11        premium  shall  be  paid  in  advance of the next covered
12        medical visit.  The  Department  shall  promulgate  rules
13        regarding grace periods, notice requirements, and hearing
14        procedures pursuant to this subsection;
15             (2)  the  child is an inmate of a public institution
16        or a patient in an institution for mental diseases; or
17             (3)  the child is a  member  of  a  family  that  is
18        eligible  for  health benefits covered under the State of
19        Illinois health benefits plan on the basis of a  member's
20        employment with a public agency.
21    (Source: P.A. 92-597, eff. 6-28-02.)