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1 | AN ACT in relation to persons with disabilities.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Mental Health and Developmental | ||||||
5 | Disabilities Administrative
Act is amended by changing Section | ||||||
6 | 57 as follows:
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7 | (20 ILCS 1705/57) (from Ch. 91 1/2, par. 100-57)
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8 | Sec. 57. In order to identify the service needs of persons
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9 | with autism, the Department shall study the needs of the | ||||||
10 | population.
The Department shall submit service needs reports | ||||||
11 | to the General Assembly
annually which shall supplement the | ||||||
12 | report submitted in accordance with
Public Act 84-1291. The | ||||||
13 | reports shall include an analysis of progress made
since the | ||||||
14 | submission of that report in the areas outlined in that report,
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15 | with emphasis on the following areas:
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16 | a. Early intervention services for children with autism and | ||||||
17 | their parents;
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18 | b. Enhancement of family support mechanisms to enable | ||||||
19 | persons with
autism to remain in a family home environment . The | ||||||
20 | Department shall include
in the report a plan to provide family | ||||||
21 | support
mechanisms to enable persons with autism to remain in a | ||||||
22 | family home
environment ;
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23 | c. Services for adequate transition for people with autism | ||||||
24 | from public
school programs to adult work and day programs; and
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25 | d. Facilitation of placement of persons with autism in the | ||||||
26 | least
restrictive community setting.
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27 | For the purpose of this service needs review, autism means | ||||||
28 | a severely
incapacitating life-long developmental disability | ||||||
29 | which:
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30 | a. may be manifested before a person is 30 months of age,
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31 | b. may be caused by physical disorders of the brain, and
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32 | c. is characterized by uneven intellectual development and |
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1 | a combination
of disturbances in the rates and sequences of | ||||||
2 | cognitive, affective,
psychomotor, language and speech | ||||||
3 | development. This syndrome is further
evidenced by abnormal | ||||||
4 | responses to sensory stimuli, problems in developing
social | ||||||
5 | relationships, and ritualistic and compulsive behavior.
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6 | (Source: P.A. 85-971.)
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7 | Section 10. The Illinois Public Aid Code is amended by | ||||||
8 | changing
Section 5-2 as follows:
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9 | (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
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10 | Sec. 5-2. Classes of Persons Eligible. Medical assistance | ||||||
11 | under this
Article shall be available to any of the following | ||||||
12 | classes of persons in
respect to whom a plan for coverage has | ||||||
13 | been submitted to the Governor
by the Illinois Department and | ||||||
14 | approved by him:
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15 | 1. Recipients of basic maintenance grants under Articles | ||||||
16 | III and IV.
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17 | 2. Persons otherwise eligible for basic maintenance under | ||||||
18 | Articles
III and IV but who fail to qualify thereunder on the | ||||||
19 | basis of need, and
who have insufficient income and resources | ||||||
20 | to meet the costs of
necessary medical care, including but not | ||||||
21 | limited to the following:
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22 | (a) All persons otherwise eligible for basic | ||||||
23 | maintenance under Article
III but who fail to qualify under | ||||||
24 | that Article on the basis of need and who
meet either of | ||||||
25 | the following requirements:
| ||||||
26 | (i) their income, as determined by the Illinois | ||||||
27 | Department in
accordance with any federal | ||||||
28 | requirements, is equal to or less than 70% in
fiscal | ||||||
29 | year 2001, equal to or less than 85% in fiscal year | ||||||
30 | 2002 and until
a date to be determined by the | ||||||
31 | Department by rule, and equal to or less
than 100% | ||||||
32 | beginning on the date determined by the Department by | ||||||
33 | rule, of the nonfarm income official poverty
line, as | ||||||
34 | defined by the federal Office of Management and Budget |
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1 | and revised
annually in accordance with Section 673(2) | ||||||
2 | of the Omnibus Budget Reconciliation
Act of 1981, | ||||||
3 | applicable to families of the same size; or
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4 | (ii) their income, after the deduction of costs | ||||||
5 | incurred for medical
care and for other types of | ||||||
6 | remedial care, is equal to or less than 70% in
fiscal | ||||||
7 | year 2001, equal to or less than 85% in fiscal year | ||||||
8 | 2002 and until
a date to be determined by the | ||||||
9 | Department by rule, and equal to or less
than 100% | ||||||
10 | beginning on the date determined by the Department by | ||||||
11 | rule, of the nonfarm income official poverty
line, as | ||||||
12 | defined in item (i) of this subparagraph (a).
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13 | (b) All persons who would be determined eligible for | ||||||
14 | such basic
maintenance under Article IV by disregarding the | ||||||
15 | maximum earned income
permitted by federal law.
| ||||||
16 | 3. Persons who would otherwise qualify for Aid to the | ||||||
17 | Medically
Indigent under Article VII.
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18 | 4. Persons not eligible under any of the preceding | ||||||
19 | paragraphs who fall
sick, are injured, or die, not having | ||||||
20 | sufficient money, property or other
resources to meet the costs | ||||||
21 | of necessary medical care or funeral and burial
expenses.
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22 | 5. (a) Women during pregnancy, after the fact
of pregnancy | ||||||
23 | has been determined by medical diagnosis, and during the
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24 | 60-day period beginning on the last day of the pregnancy, | ||||||
25 | together with
their infants and children born after | ||||||
26 | September 30, 1983,
whose income and
resources are | ||||||
27 | insufficient to meet the costs of necessary medical care to
| ||||||
28 | the maximum extent possible under Title XIX of the
Federal | ||||||
29 | Social Security Act.
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30 | (b) The Illinois Department and the Governor shall | ||||||
31 | provide a plan for
coverage of the persons eligible under | ||||||
32 | paragraph 5(a) by April 1, 1990. Such
plan shall provide | ||||||
33 | ambulatory prenatal care to pregnant women during a
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34 | presumptive eligibility period and establish an income | ||||||
35 | eligibility standard
that is equal to 133%
of the nonfarm | ||||||
36 | income official poverty line, as defined by
the federal |
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1 | Office of Management and Budget and revised annually in
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2 | accordance with Section 673(2) of the Omnibus Budget | ||||||
3 | Reconciliation Act of
1981, applicable to families of the | ||||||
4 | same size, provided that costs incurred
for medical care | ||||||
5 | are not taken into account in determining such income
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6 | eligibility.
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7 | (c) The Illinois Department may conduct a | ||||||
8 | demonstration in at least one
county that will provide | ||||||
9 | medical assistance to pregnant women, together
with their | ||||||
10 | infants and children up to one year of age,
where the | ||||||
11 | income
eligibility standard is set up to 185% of the | ||||||
12 | nonfarm income official
poverty line, as defined by the | ||||||
13 | federal Office of Management and Budget.
The Illinois | ||||||
14 | Department shall seek and obtain necessary authorization
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15 | provided under federal law to implement such a | ||||||
16 | demonstration. Such
demonstration may establish resource | ||||||
17 | standards that are not more
restrictive than those | ||||||
18 | established under Article IV of this Code.
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19 | 6. Persons under the age of 18 who fail to qualify as | ||||||
20 | dependent under
Article IV and who have insufficient income and | ||||||
21 | resources to meet the costs
of necessary medical care to the | ||||||
22 | maximum extent permitted under Title XIX
of the Federal Social | ||||||
23 | Security Act.
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24 | 7. Persons who are under 21 years of age and would
qualify | ||||||
25 | as
disabled as defined under the Federal Supplemental Security | ||||||
26 | Income Program,
provided medical service for such persons would | ||||||
27 | be eligible for Federal
Financial Participation, and provided | ||||||
28 | the Illinois Department determines that:
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29 | (a) the person requires a level of care provided by a | ||||||
30 | hospital, skilled
nursing facility, or intermediate care | ||||||
31 | facility, as determined by a physician
licensed to practice | ||||||
32 | medicine in all its branches;
| ||||||
33 | (b) it is appropriate to provide such care outside of | ||||||
34 | an institution, as
determined by a physician licensed to | ||||||
35 | practice medicine in all its branches;
| ||||||
36 | (c) the estimated amount which would be expended for |
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1 | care outside the
institution is not greater than the | ||||||
2 | estimated amount which would be
expended in an institution.
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3 | 8. Persons who become ineligible for basic maintenance | ||||||
4 | assistance
under Article IV of this Code in programs | ||||||
5 | administered by the Illinois
Department due to employment | ||||||
6 | earnings and persons in
assistance units comprised of adults | ||||||
7 | and children who become ineligible for
basic maintenance | ||||||
8 | assistance under Article VI of this Code due to
employment | ||||||
9 | earnings. The plan for coverage for this class of persons | ||||||
10 | shall:
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11 | (a) extend the medical assistance coverage for up to 12 | ||||||
12 | months following
termination of basic maintenance | ||||||
13 | assistance; and
| ||||||
14 | (b) offer persons who have initially received 6 months | ||||||
15 | of the
coverage provided in paragraph (a) above, the option | ||||||
16 | of receiving an
additional 6 months of coverage, subject to | ||||||
17 | the following:
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18 | (i) such coverage shall be pursuant to provisions | ||||||
19 | of the federal
Social Security Act;
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20 | (ii) such coverage shall include all services | ||||||
21 | covered while the person
was eligible for basic | ||||||
22 | maintenance assistance;
| ||||||
23 | (iii) no premium shall be charged for such | ||||||
24 | coverage; and
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25 | (iv) such coverage shall be suspended in the event | ||||||
26 | of a person's
failure without good cause to file in a | ||||||
27 | timely fashion reports required for
this coverage | ||||||
28 | under the Social Security Act and coverage shall be | ||||||
29 | reinstated
upon the filing of such reports if the | ||||||
30 | person remains otherwise eligible.
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31 | 9. Persons with acquired immunodeficiency syndrome (AIDS) | ||||||
32 | or with
AIDS-related conditions with respect to whom there has | ||||||
33 | been a determination
that but for home or community-based | ||||||
34 | services such individuals would
require the level of care | ||||||
35 | provided in an inpatient hospital, skilled
nursing facility or | ||||||
36 | intermediate care facility the cost of which is
reimbursed |
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1 | under this Article. Assistance shall be provided to such
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2 | persons to the maximum extent permitted under Title
XIX of the | ||||||
3 | Federal Social Security Act.
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4 | 10. Participants in the long-term care insurance | ||||||
5 | partnership program
established under the Partnership for | ||||||
6 | Long-Term Care Act who meet the
qualifications for protection | ||||||
7 | of resources described in Section 25 of that
Act.
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8 | 11. Persons with disabilities who are employed and eligible | ||||||
9 | for Medicaid,
pursuant to Section 1902(a)(10)(A)(ii)(xv) of | ||||||
10 | the Social Security Act, as
provided by the Illinois Department | ||||||
11 | by rule.
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12 | 12. Subject to federal approval, persons who are eligible | ||||||
13 | for medical
assistance coverage under applicable provisions of | ||||||
14 | the federal Social Security
Act and the federal Breast and | ||||||
15 | Cervical Cancer Prevention and Treatment Act of
2000. Those | ||||||
16 | eligible persons are defined to include, but not be limited to,
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17 | the following persons:
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18 | (1) persons who have been screened for breast or | ||||||
19 | cervical cancer under
the U.S. Centers for Disease Control | ||||||
20 | and Prevention Breast and Cervical Cancer
Program | ||||||
21 | established under Title XV of the federal Public Health | ||||||
22 | Services Act in
accordance with the requirements of Section | ||||||
23 | 1504 of that Act as administered by
the Illinois Department | ||||||
24 | of Public Health; and
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25 | (2) persons whose screenings under the above program | ||||||
26 | were funded in whole
or in part by funds appropriated to | ||||||
27 | the Illinois Department of Public Health
for breast or | ||||||
28 | cervical cancer screening.
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29 | "Medical assistance" under this paragraph 12 shall be identical | ||||||
30 | to the benefits
provided under the State's approved plan under | ||||||
31 | Title XIX of the Social Security
Act. The Department must | ||||||
32 | request federal approval of the coverage under this
paragraph | ||||||
33 | 12 within 30 days after the effective date of this amendatory | ||||||
34 | Act of
the 92nd General Assembly.
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35 | 13. Persons who are 21 years of age or older and have
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36 | received benefits under paragraph 7 of this Section shall
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1 | remain eligible for continued benefits, outside an | ||||||
2 | institution, at the same level of care,
provided that a | ||||||
3 | physician, licensed to practice medicine in all
its branches, | ||||||
4 | annually determines that the person requires the
level of care | ||||||
5 | provided by a hospital, skilled nursing facility, or
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6 | intermediate care facility. Continued benefits shall not be
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7 | dependent on the person meeting eligibility requirements for
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8 | federal financial participation. The Department of Human | ||||||
9 | Services must make an annual report to the Governor and the | ||||||
10 | General Assembly with respect to the class of persons eligible | ||||||
11 | for medical
assistance under this paragraph 13. The report is | ||||||
12 | due on January 1 of each year and must cover the State fiscal | ||||||
13 | year ending on June 30 of the preceding year. The first report | ||||||
14 | is due on January 1, 2006. The report must include the | ||||||
15 | following information for the fiscal year covered by the | ||||||
16 | report: | ||||||
17 | (a) The number of persons eligible for medical | ||||||
18 | assistance under this
paragraph 13. | ||||||
19 | (b) The number of persons who applied for medical | ||||||
20 | assistance under this
paragraph 13. | ||||||
21 | (c) The number of persons who received medical | ||||||
22 | assistance under this
paragraph 13. | ||||||
23 | (d) The number of persons who were denied medical | ||||||
24 | assistance under this
paragraph 13, together with the | ||||||
25 | reasons for the denial of assistance. | ||||||
26 | (e) The nature, scope, and cost of services provided | ||||||
27 | under this paragraph
13. | ||||||
28 | (f) The comparative cost of providing those services in | ||||||
29 | a hospital, skilled
nursing facility, or intermediate care | ||||||
30 | facility.
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31 | The Illinois Department and the Governor shall provide a | ||||||
32 | plan for
coverage of the persons eligible under paragraph 7 as | ||||||
33 | soon as possible after
July 1, 1984.
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34 | The eligibility of any such person for medical assistance | ||||||
35 | under this
Article is not affected by the payment of any grant | ||||||
36 | under the Senior
Citizens and Disabled Persons Property Tax |
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1 | Relief and Pharmaceutical
Assistance Act or any distributions | ||||||
2 | or items of income described under
subparagraph (X) of
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3 | paragraph (2) of subsection (a) of Section 203 of the Illinois | ||||||
4 | Income Tax
Act. The Department shall by rule establish the | ||||||
5 | amounts of
assets to be disregarded in determining eligibility | ||||||
6 | for medical assistance,
which shall at a minimum equal the | ||||||
7 | amounts to be disregarded under the
Federal Supplemental | ||||||
8 | Security Income Program. The amount of assets of a
single | ||||||
9 | person to be disregarded
shall not be less than $2,000, and the | ||||||
10 | amount of assets of a married couple
to be disregarded shall | ||||||
11 | not be less than $3,000.
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12 | To the extent permitted under federal law, any person found | ||||||
13 | guilty of a
second violation of Article VIIIA
shall be | ||||||
14 | ineligible for medical assistance under this Article, as | ||||||
15 | provided
in Section 8A-8.
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16 | The eligibility of any person for medical assistance under | ||||||
17 | this Article
shall not be affected by the receipt by the person | ||||||
18 | of donations or benefits
from fundraisers held for the person | ||||||
19 | in cases of serious illness,
as long as neither the person nor | ||||||
20 | members of the person's family
have actual control over the | ||||||
21 | donations or benefits or the disbursement
of the donations or | ||||||
22 | benefits.
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23 | (Source: P.A. 92-16, eff. 6-28-01; 92-47, eff. 7-3-01; 92-597, | ||||||
24 | eff. 6-28-02;
93-20, eff. 6-20-03.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law. |