093_SB0130enr SB130 Enrolled 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Program Act 6 is amended by changing Sections 20 and 40 as follows: 7 (215 ILCS 106/20) 8 (Section scheduled to be repealed on July 1, 2003) 9 Sec. 20.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; SB130 Enrolled -2- LRB093 04054 JLS 04093 b 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. SB130 Enrolled -3- LRB093 04054 JLS 04093 b 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 106/40) 24 (Section scheduled to be repealed on July 1, 2003) 25 Sec. 40. Waivers. 26 (a) The Department shall request any necessary waivers 27 of federal requirements in order to allow receipt of federal 28 funding for: 29 (1) the coverage of families with eligible children 30 under this Act; and 31 (2) for the coverage of children who would 32 otherwise be eligible under this Act, but who have health 33 insurance. SB130 Enrolled -4- LRB093 04054 JLS 04093 b 1 (b) The failure of the responsible federal agency to 2 approve a waiver for children who would otherwise be eligible 3 under this Act but who have health insurance shall not 4 prevent the implementation of any Section of this Act 5 provided that there are sufficient appropriated funds. 6 (c) Eligibility of a person under an approved waiver due 7 to the relationship with a child pursuant to Article V of the 8 Illinois Public Aid Code or this Act shall be limited to such 9 a person whose countable income is determined by the 10 Department to be at or below such income eligibility standard 11 as the Department by rule shall establish. The income level 12 established by the Department shall not be below 90%65%of 13 the federal poverty level. Such persons who are determined 14 to be eligible must reapply, or otherwise establish 15 eligibility, at least annually. An eligible person shall be 16 required, as determined by the Department by rule, to report 17 promptly those changes in income and other circumstances that 18 affect eligibility. The eligibility of a person may be 19 redetermined based on the information reported or may be 20 terminated based on the failure to report or failure to 21 report accurately. A person may also be held liable to the 22 Department for any payments made by the Department on such 23 person's behalf that were inappropriate. An applicant shall 24 be provided with notice of these obligations. 25 (Source: P.A. 92-597, eff. 6-28-02.) 26 (215 ILCS 106/97 rep.) 27 Section 10. The Children's Health Insurance Program Act 28 is amended by repealing Section 97. 29 Section 99. Effective date. This Act takes effect upon SB130 Enrolled -5- LRB093 04054 JLS 04093 b 1 becoming law.