093_HB1662ham001 LRB093 07004 DRJ 13000 a 1 AMENDMENT TO HOUSE BILL 1662 2 AMENDMENT NO. . Amend House Bill 1662 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Illinois Public Aid Code is amended by 5 adding Section 5-2.05 as follows: 6 (305 ILCS 5/5-2.05 new) 7 Sec. 5-2.05. Disabled children. 8 (a) The purpose of this Section is to offer, to children 9 with disabilities and severely mentally ill or emotionally 10 disturbed children who otherwise would not qualify for 11 medical assistance under this Article due to family income, 12 home-based and community-based services instead of 13 institutional placement, as allowed under the federal Tax 14 Equity and Financial Responsibility Act of 1982. 15 (b) A parent or legal guardian of a child may purchase 16 medical assistance coverage under this Article for the child 17 if: 18 (1) the child is under 19 years of age; 19 (2) the child is disabled as defined in the Social 20 Security Act and receives Supplemental Security Income or 21 Social Security Disability Insurance benefits based on 22 that disability; -2- LRB093 07004 DRJ 13000 a 1 (3) the child requires a level of care normally 2 provided in a medical institution, such as a nursing 3 home, an intermediate care facility for the mentally 4 retarded (ICF/MR), or an acute care hospital; 5 (4) a medical professional determines home care to 6 be appropriate for the child; and 7 (5) the cost of home care for the child does not 8 exceed the cost of the alternative institutional care. 9 In determining a child's eligibility under this Section, 10 the parent's or legal guardian's income and resources may not 11 be considered. 12 (c) The Department of Public Aid shall adopt rules to 13 implement this Section. These rules must include the 14 following: 15 (1) The definition of a medical institution so that 16 both children with a developmental disability and 17 severely mentally ill and emotionally disturbed children 18 are eligible for medical assistance under this Section. 19 (2) The level of care considered to be normally 20 provided in those institutions. 21 (3) The method by which home care is deemed 22 appropriate. 23 (4) The method by which the Department shall 24 determine that home care is less expensive than 25 institutional care. 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.".