102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3134

 

Introduced 2/19/2021, by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/12-4.35

    Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to cover immunosuppressive drugs and related services associated with post-kidney transplant management for noncitizens who are not eligible for comprehensive medical benefits but meet certain residency and financial requirements under the Code. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 12-4.35 as follows:
 
6    (305 ILCS 5/12-4.35)
7    Sec. 12-4.35. Medical services for certain noncitizens.
8    (a) Notwithstanding Section 1-11 of this Code or Section
920(a) of the Children's Health Insurance Program Act, the
10Department of Healthcare and Family Services may provide
11medical services to noncitizens who have not yet attained 19
12years of age and who are not eligible for medical assistance
13under Article V of this Code or under the Children's Health
14Insurance Program created by the Children's Health Insurance
15Program Act due to their not meeting the otherwise applicable
16provisions of Section 1-11 of this Code or Section 20(a) of the
17Children's Health Insurance Program Act. The medical services
18available, standards for eligibility, and other conditions of
19participation under this Section shall be established by rule
20by the Department; however, any such rule shall be at least as
21restrictive as the rules for medical assistance under Article
22V of this Code or the Children's Health Insurance Program
23created by the Children's Health Insurance Program Act.

 

 

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1    (a-5) Notwithstanding Section 1-11 of this Code, the
2Department of Healthcare and Family Services may provide
3medical assistance in accordance with Article V of this Code
4to noncitizens over the age of 65 years of age who are not
5eligible for medical assistance under Article V of this Code
6due to their not meeting the otherwise applicable provisions
7of Section 1-11 of this Code, whose income is at or below 100%
8of the federal poverty level after deducting the costs of
9medical or other remedial care, and who would otherwise meet
10the eligibility requirements in Section 5-2 of this Code. The
11medical services available, standards for eligibility, and
12other conditions of participation under this Section shall be
13established by rule by the Department; however, any such rule
14shall be at least as restrictive as the rules for medical
15assistance under Article V of this Code.
16    (a-10) Notwithstanding the provisions of Section 1-11, the
17Department shall cover immunosuppressive drugs and related
18services associated with post-kidney transplant management for
19noncitizens who: (i) are not eligible for comprehensive
20medical benefits; (ii) meet the residency requirements of
21Section 5-3; and (iii) would meet the financial eligibility
22requirements of Section 5-2.
23    (b) The Department is authorized to take any action,
24including without limitation cessation or limitation of
25enrollment, reduction of available medical services, and
26changing standards for eligibility, that is deemed necessary

 

 

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1by the Department during a State fiscal year to assure that
2payments under this Section do not exceed available funds.
3    (c) Continued enrollment of individuals into the program
4created under subsection (a) of this Section in any fiscal
5year is contingent upon continued enrollment of individuals
6into the Children's Health Insurance Program during that
7fiscal year.
8    (d) (Blank).
9(Source: P.A. 101-636, eff. 6-10-20.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.