Rep. Constance A. Howard
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 5789
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2 | AMENDMENT NO. ______. Amend House Bill 5789 by replacing | ||||||
3 | the title with the following: | ||||||
4 | "AN ACT in relation to health."; and
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5 | by replacing everything after the enacting clause with the | ||||||
6 | following: | ||||||
7 | "Section 1. Short title. This Act may be cited as the | ||||||
8 | African-American HIV/AIDS Response Act. | ||||||
9 | Section 5. Legislative finding. The General Assembly finds | ||||||
10 | that HIV/AIDS in the African-American community is a crisis | ||||||
11 | separate and apart from the overall issue of HIV/AIDS in other | ||||||
12 | communities. | ||||||
13 | Section 10. African-American HIV/AIDS Response Office. An | ||||||
14 | African-American HIV/AIDS Response Office shall be established | ||||||
15 | in each of the following: | ||||||
16 | (1) The Office of the Governor. | ||||||
17 | (2) The Department of Human Services. | ||||||
18 | (3) The Department of Public Health. | ||||||
19 | Section 15. HIV testing; safe-sex kits. | ||||||
20 | (a) In this Section: |
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1 | "High-risk community" means a community designated as | ||||||
2 | high-risk by the Department of Public Health in rules. | ||||||
3 | "High-traffic facility" means a high-traffic facility as | ||||||
4 | defined by the Department of Central Management Services in | ||||||
5 | rules. | ||||||
6 | "State agency" means (i) any department of State government | ||||||
7 | created under Section 5-15 of the Departments of State | ||||||
8 | Government Law of the Civil Administrative Code of Illinois or | ||||||
9 | (ii) the Office of the Secretary of State. | ||||||
10 | (b) Every State agency that operates a facility that (i) is | ||||||
11 | accessible to the public, (ii) is a high-traffic facility, and | ||||||
12 | (iii) serves a high-risk community must provide the following | ||||||
13 | in each such facility: | ||||||
14 | (1) Space for regularly scheduled free (ORAQUICK) HIV | ||||||
15 | testing. | ||||||
16 | (2) Accessible receptacle space for free safe-sex | ||||||
17 | kits. | ||||||
18 | Section 90. The Illinois Public Aid Code is amended by | ||||||
19 | changing Sections 5-2 and 9A-4 as follows:
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20 | (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
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21 | Sec. 5-2. Classes of Persons Eligible. Medical assistance | ||||||
22 | under this
Article shall be available to any of the following | ||||||
23 | classes of persons in
respect to whom a plan for coverage has | ||||||
24 | been submitted to the Governor
by the Illinois Department and | ||||||
25 | approved by him:
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26 | 1. Recipients of basic maintenance grants under Articles | ||||||
27 | III and IV.
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28 | 2. Persons otherwise eligible for basic maintenance under | ||||||
29 | Articles
III and IV but who fail to qualify thereunder on the | ||||||
30 | basis of need, and
who have insufficient income and resources | ||||||
31 | to meet the costs of
necessary medical care, including but not | ||||||
32 | limited to the following:
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1 | (a) All persons otherwise eligible for basic | ||||||
2 | maintenance under Article
III but who fail to qualify under | ||||||
3 | that Article on the basis of need and who
meet either of | ||||||
4 | the following requirements:
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5 | (i) their income, as determined by the Illinois | ||||||
6 | Department in
accordance with any federal | ||||||
7 | requirements, is equal to or less than 70% in
fiscal | ||||||
8 | year 2001, equal to or less than 85% in fiscal year | ||||||
9 | 2002 and until
a date to be determined by the | ||||||
10 | Department by rule, and equal to or less
than 100% | ||||||
11 | beginning on the date determined by the Department by | ||||||
12 | rule, of the nonfarm income official poverty
line, as | ||||||
13 | defined by the federal Office of Management and Budget | ||||||
14 | and revised
annually in accordance with Section 673(2) | ||||||
15 | of the Omnibus Budget Reconciliation
Act of 1981, | ||||||
16 | applicable to families of the same size; or
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17 | (ii) their income, after the deduction of costs | ||||||
18 | incurred for medical
care and for other types of | ||||||
19 | remedial care, is equal to or less than 70% in
fiscal | ||||||
20 | year 2001, equal to or less than 85% in fiscal year | ||||||
21 | 2002 and until
a date to be determined by the | ||||||
22 | Department by rule, and equal to or less
than 100% | ||||||
23 | beginning on the date determined by the Department by | ||||||
24 | rule, of the nonfarm income official poverty
line, as | ||||||
25 | defined in item (i) of this subparagraph (a).
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26 | (b) All persons who would be determined eligible for | ||||||
27 | such basic
maintenance under Article IV by disregarding the | ||||||
28 | maximum earned income
permitted by federal law.
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29 | 3. Persons who would otherwise qualify for Aid to the | ||||||
30 | Medically
Indigent under Article VII.
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31 | 4. Persons not eligible under any of the preceding | ||||||
32 | paragraphs who fall
sick, are injured, or die, not having | ||||||
33 | sufficient money, property or other
resources to meet the costs | ||||||
34 | of necessary medical care or funeral and burial
expenses.
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1 | 5. (a) Women during pregnancy, after the fact
of pregnancy | ||||||
2 | has been determined by medical diagnosis, and during the
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3 | 60-day period beginning on the last day of the pregnancy, | ||||||
4 | together with
their infants and children born after | ||||||
5 | September 30, 1983,
whose income and
resources are | ||||||
6 | insufficient to meet the costs of necessary medical care to
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7 | the maximum extent possible under Title XIX of the
Federal | ||||||
8 | Social Security Act.
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9 | (b) The Illinois Department and the Governor shall | ||||||
10 | provide a plan for
coverage of the persons eligible under | ||||||
11 | paragraph 5(a) by April 1, 1990. Such
plan shall provide | ||||||
12 | ambulatory prenatal care to pregnant women during a
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13 | presumptive eligibility period and establish an income | ||||||
14 | eligibility standard
that is equal to 133%
of the nonfarm | ||||||
15 | income official poverty line, as defined by
the federal | ||||||
16 | Office of Management and Budget and revised annually in
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17 | accordance with Section 673(2) of the Omnibus Budget | ||||||
18 | Reconciliation Act of
1981, applicable to families of the | ||||||
19 | same size, provided that costs incurred
for medical care | ||||||
20 | are not taken into account in determining such income
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21 | eligibility.
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22 | (c) The Illinois Department may conduct a | ||||||
23 | demonstration in at least one
county that will provide | ||||||
24 | medical assistance to pregnant women, together
with their | ||||||
25 | infants and children up to one year of age,
where the | ||||||
26 | income
eligibility standard is set up to 185% of the | ||||||
27 | nonfarm income official
poverty line, as defined by the | ||||||
28 | federal Office of Management and Budget.
The Illinois | ||||||
29 | Department shall seek and obtain necessary authorization
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30 | provided under federal law to implement such a | ||||||
31 | demonstration. Such
demonstration may establish resource | ||||||
32 | standards that are not more
restrictive than those | ||||||
33 | established under Article IV of this Code.
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34 | 6. Persons under the age of 18 who fail to qualify as |
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1 | dependent under
Article IV and who have insufficient income and | ||||||
2 | resources to meet the costs
of necessary medical care to the | ||||||
3 | maximum extent permitted under Title XIX
of the Federal Social | ||||||
4 | Security Act.
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5 | 7. Persons who are under 21 years of age and would
qualify | ||||||
6 | as
disabled as defined under the Federal Supplemental Security | ||||||
7 | Income Program,
provided medical service for such persons would | ||||||
8 | be eligible for Federal
Financial Participation, and provided | ||||||
9 | the Illinois Department determines that:
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10 | (a) the person requires a level of care provided by a | ||||||
11 | hospital, skilled
nursing facility, or intermediate care | ||||||
12 | facility, as determined by a physician
licensed to practice | ||||||
13 | medicine in all its branches;
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14 | (b) it is appropriate to provide such care outside of | ||||||
15 | an institution, as
determined by a physician licensed to | ||||||
16 | practice medicine in all its branches;
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17 | (c) the estimated amount which would be expended for | ||||||
18 | care outside the
institution is not greater than the | ||||||
19 | estimated amount which would be
expended in an institution.
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20 | 8. Persons who become ineligible for basic maintenance | ||||||
21 | assistance
under Article IV of this Code in programs | ||||||
22 | administered by the Illinois
Department due to employment | ||||||
23 | earnings and persons in
assistance units comprised of adults | ||||||
24 | and children who become ineligible for
basic maintenance | ||||||
25 | assistance under Article VI of this Code due to
employment | ||||||
26 | earnings. The plan for coverage for this class of persons | ||||||
27 | shall:
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28 | (a) extend the medical assistance coverage for up to 12 | ||||||
29 | months following
termination of basic maintenance | ||||||
30 | assistance; and
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31 | (b) offer persons who have initially received 6 months | ||||||
32 | of the
coverage provided in paragraph (a) above, the option | ||||||
33 | of receiving an
additional 6 months of coverage, subject to | ||||||
34 | the following:
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1 | (i) such coverage shall be pursuant to provisions | ||||||
2 | of the federal
Social Security Act;
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3 | (ii) such coverage shall include all services | ||||||
4 | covered while the person
was eligible for basic | ||||||
5 | maintenance assistance;
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6 | (iii) no premium shall be charged for such | ||||||
7 | coverage; and
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8 | (iv) such coverage shall be suspended in the event | ||||||
9 | of a person's
failure without good cause to file in a | ||||||
10 | timely fashion reports required for
this coverage | ||||||
11 | under the Social Security Act and coverage shall be | ||||||
12 | reinstated
upon the filing of such reports if the | ||||||
13 | person remains otherwise eligible.
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14 | 9. Persons with acquired immunodeficiency syndrome (AIDS) | ||||||
15 | or with
AIDS-related conditions with respect to whom there has | ||||||
16 | been a determination
that but for home or community-based | ||||||
17 | services such individuals would
require the level of care | ||||||
18 | provided in an inpatient hospital, skilled
nursing facility or | ||||||
19 | intermediate care facility the cost of which is
reimbursed | ||||||
20 | under this Article. Assistance shall be provided to such
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21 | persons to the maximum extent permitted under Title
XIX of the | ||||||
22 | Federal Social Security Act.
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23 | 10. Participants in the long-term care insurance | ||||||
24 | partnership program
established under the Partnership for | ||||||
25 | Long-Term Care Act who meet the
qualifications for protection | ||||||
26 | of resources described in Section 25 of that
Act.
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27 | 11. Persons with disabilities who are employed and eligible | ||||||
28 | for Medicaid,
pursuant to Section 1902(a)(10)(A)(ii)(xv) of | ||||||
29 | the Social Security Act, as
provided by the Illinois Department | ||||||
30 | by rule.
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31 | 12. Subject to federal approval, persons who are eligible | ||||||
32 | for medical
assistance coverage under applicable provisions of | ||||||
33 | the federal Social Security
Act and the federal Breast and | ||||||
34 | Cervical Cancer Prevention and Treatment Act of
2000. Those |
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1 | eligible persons are defined to include, but not be limited to,
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2 | the following persons:
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3 | (1) persons who have been screened for breast or | ||||||
4 | cervical cancer under
the U.S. Centers for Disease Control | ||||||
5 | and Prevention Breast and Cervical Cancer
Program | ||||||
6 | established under Title XV of the federal Public Health | ||||||
7 | Services Act in
accordance with the requirements of Section | ||||||
8 | 1504 of that Act as administered by
the Illinois Department | ||||||
9 | of Public Health; and
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10 | (2) persons whose screenings under the above program | ||||||
11 | were funded in whole
or in part by funds appropriated to | ||||||
12 | the Illinois Department of Public Health
for breast or | ||||||
13 | cervical cancer screening.
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14 | "Medical assistance" under this paragraph 12 shall be identical | ||||||
15 | to the benefits
provided under the State's approved plan under | ||||||
16 | Title XIX of the Social Security
Act. The Department must | ||||||
17 | request federal approval of the coverage under this
paragraph | ||||||
18 | 12 within 30 days after the effective date of this amendatory | ||||||
19 | Act of
the 92nd General Assembly.
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20 | 13. Persons who are HIV-positive and who are financially | ||||||
21 | eligible for medical assistance.
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22 | The Illinois Department and the Governor shall provide a | ||||||
23 | plan for
coverage of the persons eligible under paragraph 7 as | ||||||
24 | soon as possible after
July 1, 1984.
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25 | The eligibility of any such person for medical assistance | ||||||
26 | under this
Article is not affected by the payment of any grant | ||||||
27 | under the Senior
Citizens and Disabled Persons Property Tax | ||||||
28 | Relief and Pharmaceutical
Assistance Act or any distributions | ||||||
29 | or items of income described under
subparagraph (X) of
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30 | paragraph (2) of subsection (a) of Section 203 of the Illinois | ||||||
31 | Income Tax
Act. The Department shall by rule establish the | ||||||
32 | amounts of
assets to be disregarded in determining eligibility | ||||||
33 | for medical assistance,
which shall at a minimum equal the | ||||||
34 | amounts to be disregarded under the
Federal Supplemental |
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1 | Security Income Program. The amount of assets of a
single | ||||||
2 | person to be disregarded
shall not be less than $2,000, and the | ||||||
3 | amount of assets of a married couple
to be disregarded shall | ||||||
4 | not be less than $3,000.
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5 | To the extent permitted under federal law, any person found | ||||||
6 | guilty of a
second violation of Article VIIIA
shall be | ||||||
7 | ineligible for medical assistance under this Article, as | ||||||
8 | provided
in Section 8A-8.
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9 | The eligibility of any person for medical assistance under | ||||||
10 | this Article
shall not be affected by the receipt by the person | ||||||
11 | of donations or benefits
from fundraisers held for the person | ||||||
12 | in cases of serious illness,
as long as neither the person nor | ||||||
13 | members of the person's family
have actual control over the | ||||||
14 | donations or benefits or the disbursement
of the donations or | ||||||
15 | benefits.
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16 | (Source: P.A. 92-16, eff. 6-28-01; 92-47, eff. 7-3-01; 92-597, | ||||||
17 | eff. 6-28-02;
93-20, eff. 6-20-03.)
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18 | (305 ILCS 5/9A-4) (from Ch. 23, par. 9A-4)
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19 | Sec. 9A-4. Participation.
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20 | (a) Except for those exempted under subsection (b) below, | ||||||
21 | and to the
extent resources permit, the Illinois Department as | ||||||
22 | a condition of
eligibility for public aid, may, as provided by | ||||||
23 | rule, require all
recipients to participate in an education, | ||||||
24 | training, and employment
program, which shall include | ||||||
25 | accepting suitable employment and refraining
from terminating | ||||||
26 | employment or reducing earnings without good cause.
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27 | (b) Recipients shall be exempt from the requirement of
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28 | participation in the education, training, and employment | ||||||
29 | program
in the following circumstances:
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30 | (1) the
The recipient is a person over age 60; or
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31 | (2) the
The recipient is a person with a child under | ||||||
32 | age one ; or .
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33 | (3) the recipient is HIV-positive.
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1 | (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)".
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