Sen. Kwame Raoul

Filed: 10/15/2009

 

 


 

 


 
09600SB0760sam001 LRB096 06827 DRJ 30042 a

1
AMENDMENT TO SENATE BILL 760

2     AMENDMENT NO. ______. Amend Senate Bill 760 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Public Aid Code is amended by
5 adding Section 1-8.5 as follows:
 
6     (305 ILCS 5/1-8.5 new)
7     Sec. 1-8.5. Eligibility for medical assistance during
8 periods of incarceration or detention.
9     (a) To the extent permitted by federal law and
10 notwithstanding any other provision of this Code, the
11 Department of Healthcare and Family Services shall not cancel a
12 person's eligibility for medical assistance solely because
13 that person has become an inmate of a public institution,
14 including, but not limited to, a county jail, juvenile
15 detention center, or State correctional facility. The person
16 may remain enrolled for medical assistance as long as all other

 

 

09600SB0760sam001 - 2 - LRB096 06827 DRJ 30042 a

1 eligibility criteria are met.
2     (b) The Department may adopt rules to permit a person to
3 apply for medical assistance while he or she is an inmate of a
4 public institution as described in subsection (a). The rules
5 may limit applications to persons who would be likely to
6 qualify for medical assistance if they resided in the
7 community. Any such person who is not already enrolled for
8 medical assistance may apply for medical assistance no more
9 than 30 days prior to the date of scheduled release or
10 discharge from a penal institution or county jail or similar
11 status.
12     (c) Except as provided under Section 17 of the County Jail
13 Act, the Department shall not be responsible to provide medical
14 assistance under this Code for any medical care, services, or
15 supplies provided to a person while he or she is an inmate of a
16 public institution as described in subsection (a). The
17 responsibility for providing medical care shall remain as
18 otherwise provided by law with the Department of Corrections,
19 county, or other arresting authority. The Department may seek
20 federal financial participation, to the extent that it is
21 available and with the cooperation of the Department of
22 Juvenile Justice, the Department of Corrections, or the
23 relevant county, for the costs of those services.
24     (d) To the extent permitted under State and federal law,
25 the Department shall develop procedures to expedite required
26 periodic reviews of continued eligibility for persons

 

 

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1 described in subsection (a).
2     (e) Counties, the Department of Juvenile Justice, the
3 Department of Human Services, and the Department of Corrections
4 shall cooperate with the Department in administering this
5 Section. That cooperation shall include managing eligibility
6 processing and sharing information sufficient to inform the
7 Department, in a manner established by the Department, that a
8 person enrolled in the medical assistance program has been
9 detained or incarcerated.
10     (f) The Department shall resume responsibility for
11 providing medical assistance upon release of the person to the
12 community as long as all of the following apply:
13         (1) The person is enrolled for medical assistance at
14     the time of release.
15         (2) Neither a county, the Department of Juvenile
16     Justice, the Department of Corrections, nor any other
17     criminal justice authority continues to bear
18     responsibility for the person's medical care.
19         (3) The county, the Department of Juvenile Justice, or
20     the Department of Corrections provides timely notice of the
21     date of release in a manner established by the Department.
22     (g) This Section applies on and after December 31, 2011.".