SB2989sam001 96TH GENERAL ASSEMBLY

Sen. Carole Pankau

Filed: 2/24/2010

09600SB2989sam001 LRB096 20015 KTG 37660 a

AMENDMENT TO SENATE BILL 2989

AMENDMENT NO. ______. Amend Senate Bill 2989 by replacing everything after the enacting clause with the following:

"Section 5. The Covering ALL KIDS Health Insurance Act is amended by adding Section 22 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 on or after April 21, 1980.

(9) Amerasians from Vietnam, and their close family members, 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) 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); this also includes the person's spouse, a widow or widower who has not remarried, and unmarried dependent children.

(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 spouse, widow, or child of a U.S. citizen or a spouse or 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.

(c) The Department may, by rule, cover prenatal care or emergency medical care for non-citizens who are not otherwise eligible under this Section.

(d) Nothing in this Section shall affect the eligibility status of a child who is enrolled in the Covering ALL KIDS Health Insurance Program on the effective date of this amendatory Act of the 96th General Assembly.

(e) The Department shall adopt rules to implement the changes made by this amendatory Act of the 96th General Assembly by January 1, 2012. The Department shall create, by rule, compliance dates for new applicants and existing applicants.

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