093_SB0130eng

 
SB130 Engrossed                      LRB093 04054 JLS 04093 b

 1        AN  ACT  concerning  the  children's   health   insurance
 2    program.

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

 5        Section 5.  The Children's Health Insurance  Program  Act
 6    is amended by changing Sections 20 and 97 as follows:

 7        (215 ILCS 106/20)
 8        (Section scheduled to be repealed on July 1, 2003)
 9        Sec. 20.  Eligibility.
10        (a)  To  be eligible for this Program, a person must be a
11    person who has a child eligible under this  Act  and  who  is
12    eligible  under  a waiver of federal requirements pursuant to
13    an application made pursuant to subdivision (a)(1) of Section
14    40 of this Act or who is a child who:
15             (1)  is a child who  is  not  eligible  for  medical
16        assistance;
17             (2)  is  a  child  whose annual household income, as
18        determined by  the  Department,  is  above  133%  of  the
19        federal  poverty  level  and at or below 200% 185% of the
20        federal poverty level;
21             (3)  is a  resident of the State of Illinois; and
22             (4)  is a  child  who  is  either  a  United  States
23        citizen or included in one of the following categories of
24        non-citizens:
25                  (A)  unmarried  dependent  children of either a
26             United States  Veteran  honorably  discharged  or  a
27             person on active military duty;
28                  (B)  refugees   under   Section   207   of  the
29             Immigration and Nationality Act;
30                  (C)  asylees   under   Section   208   of   the
31             Immigration and Nationality Act;
 
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 1                  (D)  persons  for  whom  deportation  has  been
 2             withheld under Section  243(h)  of  the  Immigration
 3             and Nationality Act;
 4                  (E)  persons  granted  conditional  entry under
 5             Section 203(a)(7) of the Immigration and Nationality
 6             Act as in effect prior to April 1, 1980;
 7                  (F)  persons lawfully  admitted  for  permanent
 8             residence under the Immigration and Nationality Act;
 9             and
10                  (G)  parolees,  for  at  least  one year, under
11             Section 212(d)(5) of the Immigration and Nationality
12             Act.
13        Those children who are in the  categories  set  forth  in
14    subdivisions  (4)(F) and (4)(G) of this subsection, who enter
15    the United States on or after August 22, 1996, shall  not  be
16    eligible  for 5 years beginning on the date the child entered
17    the United States.
18        (b)  A  child  who  is  determined  to  be  eligible  for
19    assistance may remain eligible for 12  months,  provided  the
20    child  maintains  his  or her residence in the State, has not
21    yet attained 19 years of age, and is not excluded pursuant to
22    subsection (c).  A  child  who  has  been  determined  to  be
23    eligible  for  assistance must reapply or otherwise establish
24    eligibility at least annually.  An eligible  child  shall  be
25    required,  as determined by the Department by rule, to report
26    promptly those changes in income and other circumstances that
27    affect eligibility.   The  eligibility  of  a  child  may  be
28    redetermined  based  on  the  information  reported or may be
29    terminated based on the  failure  to  report  or  failure  to
30    report   accurately.    A  child's  responsible  relative  or
31    caretaker may also be held liable to the Department  for  any
32    payments  made  by the Department on such child's behalf that
33    were inappropriate.  An  applicant  shall  be  provided  with
34    notice of these obligations.
 
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 1        (c)  A  child  shall  not  be eligible for coverage under
 2    this Program if:
 3             (1)  the premium required pursuant to Section 30  of
 4        this Act has not been paid.  If the required premiums are
 5        not paid the liability of the Program shall be limited to
 6        benefits  incurred  under the Program for the time period
 7        for which  premiums  had  been  paid.   If  the  required
 8        monthly   premium   is  not  paid,  the  child  shall  be
 9        ineligible for re-enrollment for a minimum  period  of  3
10        months.   Re-enrollment  shall  be completed prior to the
11        next covered medical visit and the first month's required
12        premium shall be paid in  advance  of  the  next  covered
13        medical  visit.    The  Department shall promulgate rules
14        regarding grace periods, notice requirements, and hearing
15        procedures pursuant to this subsection;
16             (2)  the child is an inmate of a public  institution
17        or a patient in an institution for mental diseases; or
18             (3)  the  child  is  a  member  of  a family that is
19        eligible for health benefits covered under the  State  of
20        Illinois  health benefits plan on the basis of a member's
21        employment with a public agency.
22    (Source: P.A. 92-597, eff. 6-28-02.)

23        (215 ILCS 106/97)
24        (Section scheduled to be repealed on July 1, 2003)
25        Sec. 97.  Repealer.  This Act is repealed on July 1, 2006
26    2003.
27    (Source: P.A. 91-712, eff. 7-1-00; 92-597, eff. 6-28-02.)

28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.