HB5697 98TH GENERAL ASSEMBLY

LRB098 20246 KTG 55668 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5697

Introduced , by Rep. Robert W. Pritchard

SYNOPSIS AS INTRODUCED:

305 ILCS 5/12-4.47 new

Amends the Illinois Public Aid Code. Provides that a dependent of a military service member, who is a legal resident of the State, having previously been determined to be eligible for developmental disability services provided by the Department of Healthcare and Family Services, including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of the State, regardless of having left the State due to the military service member's military assignment outside the State. Provides that if the State eligibility requirements change, the dependent shall retain eligibility until new information is provided by the dependent or military service member to the Department. Contains provisions concerning assessment determinations; eligibility determinations for dependent's who return to the State following a period of absence and who request services including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act; federal waiver application; and rulemaking authority. Effective immediately.

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 Illinois Public Aid Code is amended by adding Section 12-4.47 as follows:

(305 ILCS 5/12-4.47 new)

Sec. 12-4.47. Continued eligibility for developmental disability services for dependents of military service members.

(a) As used in this Section:

"Dependent" means a spouse, birth child, adopted child, or stepchild of a military service member.

"Legal resident" means a person who maintains Illinois as his or her principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, he or she intends to return.

"Military service" means service in the armed forces or armed forces reserves of the United States, or membership in the Illinois National Guard.

"Military service member" means a person who is currently in military service or who has separated from military service in the previous 18 months through either retirement or military separation.

(b) A dependent, who is a legal resident of the State, having previously been determined to be eligible for developmental disability services provided by the Department of Healthcare and Family Services, including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of the State, regardless of having left the State due to the military service member's military assignment outside the State. If the State eligibility requirements change, the dependent shall retain eligibility until new information is provided by the dependent or military service member to the Department.

(c) The Department shall direct that developmental disability services shall be provided to a dependent if the dependent is otherwise eligible for those services and furnishes the following:

(1) a copy of the military service member's DD-214 or other equivalent discharge paperwork; and

(2) proof of the military service member's legal residence in the State, as prescribed by the Department.

(d) For dependents who received developmental disability services and who left the State due to the military service member's military assignment outside the State, upon the dependent's return to the State and when a request for services is made, the Department shall:

(1) determine the dependent's eligibility for services, which may include a request for waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act;

(2) provide to the dependent notification of the determination of eligibility for services, which includes notification of a denial of services if applicable; and

(3) provide the dependent an opportunity to contest the Department's determination through the appeals processes established by the Department.

(e) As a condition of continued eligibility for services under subsection (b) of this Section, a dependent must inform the Department of his or her current address and provide updates as requested by the Department.

(f) The Department shall request a waiver from the appropriate federal agency if a waiver is necessary to implement the provisions of this Section.

(g) The Department may adopt rules necessary to implement the provisions of this Section.

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