Sen. Kwame Raoul
Filed: 3/20/2008
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2303




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    AMENDMENT NO. ______. Amend Senate Bill 2303 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Public Aid Code is amended  by 
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adding Section 5-1.3 as follows:
 
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    (305 ILCS 5/5-1.3  new)
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    Sec. 5-1.3. Recipient's incarceration or detention; 
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continued eligibility.
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    (a) To the extent permitted by federal law and 
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notwithstanding any other provision of this Code, the 
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Department of Healthcare and Family Services shall not cancel a 
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person's eligibility for medical assistance solely because 
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that person has become an inmate of a public institution, 
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including, but not limited to, a county jail, juvenile 
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detention center, or State correctional facility.  The person 
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may remain enrolled for medical assistance as long as all other 
 


 






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eligibility criteria are met.  Counties, the Department of 
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Juvenile Justice, and the Department of Corrections shall 
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cooperate to share information sufficient to inform the 
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Department of Healthcare and Family Services, in a manner 
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established by the Department, that an enrolled person has been 
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detained or incarcerated.
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    (b) The Department shall not be responsible to provide 
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medical assistance under this Article for any medical care, 
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services, or supplies provided to the individual during that 
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period.  The responsibility for providing medical care shall 
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remain, as otherwise provided by law, with the Department of 
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Corrections, the county, or the other arresting authority.  The 
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Department may seek federal financial participation, to the 
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extent that it is available and with the cooperation of the 
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Department of Juvenile Justice, the Department of Corrections, 
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or the relevant county, for the costs of those services.
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    (c) The Department shall resume responsibility for 
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providing medical assistance upon release of the person to the 
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community as long as all of the following apply:
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        (1) The person is enrolled for medical assistance at 
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    the time of release.
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        (2) Neither a county, the Department of Juvenile 
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    Justice, nor the Department of Corrections continues to 
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    bear responsibility for the person's medical care.
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        (3) The county, the Department of Juvenile Justice, or 
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    the Department of Corrections provides timely notice of the 
 


 






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    date of release in a manner established by the Department 
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    of Healthcare and Family Services.".