HB6658 95TH GENERAL ASSEMBLY

LRB095 21725 DRJ 51936 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB6658

Introduced , by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

215 ILCS 106/20
215 ILCS 106/23 new
215 ILCS 170/22 new
215 ILCS 170/23 new
305 ILCS 5/11-4	from Ch. 23, par. 11-4

Amends the Children's Health Insurance Program Act, the Covering ALL KIDS Health Insurance Act, and the Illinois Public Aid Code. Provides that to be eligible for benefits under the Covering ALL KIDS Health Insurance Act, an individual who is otherwise eligible must be either a United States citizen or included in one of certain specified categories of non-citizens. Makes conforming changes to provisions concerning eligibility for benefits under the Children's Health Insurance Program. Prohibits the State from giving or offering money or a gas card or other valuable thing to a person for the purpose of inducing the person to apply for benefits under the Children's Health Insurance Program Act or the Covering ALL KIDS Health Insurance Act or for medical assistance under the Illinois Public Aid Code. Effective July 1, 2009.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

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

Section 5. The Children's Health Insurance Program Act is amended by changing Section 20 and by adding Section 23 as follows:

(215 ILCS 106/20)

Sec. 20. Eligibility.

(a) To be eligible for this Program, a person must be a person who has a child eligible under this Act and who is eligible under a waiver of federal requirements pursuant to an application made pursuant to subdivision (a)(1) of Section 40 of this Act or who is a child who:

(1) is a child who is not eligible for medical assistance;

(2) is a child whose annual household income, as determined by the Department, is above 133% of the federal poverty level and at or below 200% of the federal poverty level;

(3) is a resident of the State of Illinois; and

(4) is a child who is either a United States citizen or included in one of the following categories of non-citizens:

(A) unmarried dependent children of either a United States Veteran honorably discharged or a person on active military duty;

(B) refugees under Section 207 of the Immigration and Nationality Act;

(C) asylees under Section 208 of the Immigration and Nationality Act;

(D) persons for whom deportation has been withheld under Section 243(h) of the Immigration and Nationality Act;

(E) persons granted conditional entry under Section 203(a)(7) of the Immigration and Nationality Act as in effect prior to April 1, 1980;

(F) persons lawfully admitted for permanent residence under the Immigration and Nationality Act; and

(G) parolees, for at least one year, under Section 212(d)(5) of the Immigration and Nationality Act; .

(H) nationals of Cuba or Haiti admitted after April 21, 1980;

(I) Amerasians from Vietnam, admitted through the Orderly Departure Program beginning on March 20, 1988;

(J) persons identified by the federal Office of Refugee Resettlement (ORR) as victims of trafficking;

(K) children of persons legally residing in the United States who were members of a Hmong or Highland Laotian tribe when the tribe helped United States personnel by taking part in a military or rescue operation during the Vietnam era (between August 5, 1965 and May 7, 1975);

(L) American Indians born in Canada under Section 289 of the Immigration and Nationality Act and members of an Indian tribe as defined in Section 4e of the Indian Self-Determination and Education Assistance Act; and

(M) persons who are a child of a U.S. citizen or a child of a legal permanent resident (LPR) who have been battered or subjected to extreme cruelty by the U.S. citizen or LPR or a member of that relative's family who lived with them, who no longer live with the abuser or plan to live separately within one month of receipt of assistance and whose need for assistance is due, at least in part, to the abuse.

Those children who are in the categories set forth in subdivisions (4)(F) and (4)(G) of this subsection, who enter the United States on or after August 22, 1996, shall not be eligible for 5 years beginning on the date the child entered the United States.

(b) A child who is determined to be eligible for assistance may remain eligible for 12 months, provided the child maintains his or her residence in the State, has not yet attained 19 years of age, and is not excluded pursuant to subsection (c). A child who has been determined to be eligible for assistance must reapply or otherwise establish eligibility at least annually. An eligible child shall be required, as determined by the Department by rule, to report promptly those changes in income and other circumstances that affect eligibility. The eligibility of a child may be redetermined based on the information reported or may be terminated based on the failure to report or failure to report accurately. A child's responsible relative or caretaker may also be held liable to the Department for any payments made by the Department on such child's behalf that were inappropriate. An applicant shall be provided with notice of these obligations.

(c) A child shall not be eligible for coverage under this Program if:

(1) the premium required pursuant to Section 30 of this Act has not been paid. If the required premiums are not paid the liability of the Program shall be limited to benefits incurred under the Program for the time period for which premiums had been paid. If the required monthly premium is not paid, the child shall be ineligible for re-enrollment for a minimum period of 3 months. Re-enrollment shall be completed prior to the next covered medical visit and the first month's required premium shall be paid in advance of the next covered medical visit. The Department shall promulgate rules regarding grace periods, notice requirements, and hearing procedures pursuant to this subsection;

(2) the child is an inmate of a public institution or a patient in an institution for mental diseases; or

(3) the child is a member of a family that is eligible for health benefits covered under the State of Illinois health benefits plan on the basis of a member's employment with a public agency.

(Source: P.A. 92-597, eff. 6-28-02; 93-63, eff. 6-30-03.)

(215 ILCS 106/23 new)

Sec. 23. Certain inducements prohibited. The State may not give or offer money or a gas card or other valuable thing to a person for the purpose of inducing the person to apply for benefits under this Act.

Section 10. The Covering ALL KIDS Health Insurance Act is amended by adding Sections 22 and 23 as follows:

(215 ILCS 170/22 new)

Sec. 22. Citizenship.

(a) To the extent not otherwise provided in this Act or federal law, all individuals who receive benefits under this Act must meet the citizenship requirements as established in this Section. To be eligible for benefits, an individual who is otherwise eligible must be either a United States citizen or included in one of the following categories of non-citizens:

(1) United States veterans honorably discharged and persons on active military duty, and the spouse and unmarried dependent children of these persons.

(2) Refugees under Section 207 of the Immigration and Nationality Act.

(3) Asylees under Section 208 of the Immigration and Nationality Act.

(4) Persons for whom deportation has been withheld under Section 243(h) of the Immigration and Nationality Act.

(5) Persons granted conditional entry under Section 203(a)(7) of the Immigration and Nationality Act as in effect prior to April 1, 1980.

(6) Persons lawfully admitted for permanent residence under the Immigration and Nationality Act.

(7) Parolees, for at least one year, under Section 212(d)(5) of the Immigration and Nationality Act.

(8) Nationals of Cuba or Haiti admitted after April 21, 1980.

(9) Amerasians from Vietnam, admitted through the Orderly Departure Program beginning on March 20, 1988.

(10) Persons identified by the federal Office of Refugee Resettlement (ORR) as victims of trafficking.

(11) Children of persons legally residing in the United States who were members of a Hmong or Highland Laotian tribe when the tribe helped United States personnel by taking part in a military or rescue operation during the Vietnam era (between August 5, 1965 and May 7, 1975).

(12) American Indians born in Canada under Section 289 of the Immigration and Nationality Act and members of an Indian tribe as defined in Section 4e of the Indian Self-Determination and Education Assistance Act.

(13) Persons who are a child of a U.S. citizen or a child of a legal permanent resident (LPR) who have been battered or subjected to extreme cruelty by the U.S. citizen or LPR or a member of that relative's family who lived with them, who no longer live with the abuser or plan to live separately within one month of receipt of assistance and whose need for assistance is due, at least in part, to the abuse.

(b) Those persons who are in the categories set forth in paragraphs (6) and (7) of subsection (a), who enter the United States on or after August 22, 1996, shall not be eligible for 5 years beginning on the date the person entered the United States.

(215 ILCS 170/23 new)

Sec. 23. Certain inducements prohibited. The State may not give or offer money or a gas card or other valuable thing to a person for the purpose of inducing the person to apply for benefits under this Act.

Section 15. The Illinois Public Aid Code is amended by changing Section 11-4 as follows:

(305 ILCS 5/11-4) (from Ch. 23, par. 11-4)

Sec. 11-4. Applications; assistance in making applications. An application for public assistance shall be deemed an application for all such benefits to which any person may be entitled except to the extent that the applicant expressly declines in writing to apply for particular benefits. The Illinois Department shall provide information in writing about all benefits provided under this Code to any person seeking public assistance. The Illinois Department shall also provide information in writing and orally to all applicants about an election to have financial aid deposited directly in a recipient's savings account or checking account or in any electronic benefits account or accounts as provided in Section 11-3.1, to the extent that those elections are actually available, including information on any programs administered by the State Treasurer to facilitate or encourage the distribution of financial aid by direct deposit or electronic benefits transfer. The Illinois Department shall determine the applicant's eligibility for cash assistance, medical assistance and food stamps unless the applicant expressly declines in writing to apply for particular benefits. The Illinois Department shall adopt policies and procedures to facilitate timely changes between programs that result from changes in categorical eligibility factors.

The County departments, local governmental units and the Illinois Department shall assist applicants for public assistance to properly complete their applications. Such assistance shall include, but not be limited to, assistance in securing evidence in support of their eligibility.

The State may not give or offer money or a gas card or other valuable thing to a person for the purpose of inducing the person to apply for benefits under Article V of this Code.

(Source: P.A. 88-232.)

Section 99. Effective date. This Act takes effect July 1, 2009.