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Full Text of HB4437  102nd General Assembly

HB4437 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4437

 

Introduced 1/21/2022, by Rep. Delia C. Ramirez

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/12-4.35

    Amends the Illinois Public Aid Code. Provides that by July 1, 2022, the Department of Healthcare and Family Services may provide medical services to noncitizens 19 years of age through 54 years of age who (i) are not eligible for medical assistance under the Code due to their not meeting the otherwise applicable provisions under the Code concerning citizenship requirements and (ii) have income at or below 133% of the federal poverty level plus 5% for the applicable family size as determined under applicable federal law and regulations. Effective July 1, 2022.


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A BILL FOR

 

HB4437LRB102 23092 KTG 32248 b

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-6) By May 30, 2022, notwithstanding Section 1-11 of
17this Code, the Department of Healthcare and Family Services
18may provide medical services to noncitizens 55 years of age
19through 64 years of age who (i) are not eligible for medical
20assistance under Article V of this Code due to their not
21meeting the otherwise applicable provisions of Section 1-11 of
22this Code and (ii) have income at or below 133% of the federal
23poverty level plus 5% for the applicable family size as
24determined under applicable federal law and regulations.
25Persons eligible for medical services under Public Act 102-16
26this amendatory Act of the 102nd General Assembly shall

 

 

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1receive benefits identical to the benefits provided under the
2Health Benefits Service Package as that term is defined in
3subsection (m) of Section 5-1.1 of this Code.
4    (a-7) By July 1, 2022, notwithstanding Section 1-11 of
5this Code, the Department of Healthcare and Family Services
6may provide medical services to noncitizens 19 years of age
7through 54 years of age who (i) are not eligible for medical
8assistance under Article V of this Code due to their not
9meeting the otherwise applicable provisions of Section 1-11 of
10this Code and (ii) have income at or below 133% of the federal
11poverty level plus 5% for the applicable family size as
12determined under applicable federal law and regulations.
13Persons eligible for medical services under this amendatory
14Act of the 102nd General Assembly shall receive benefits
15identical to the benefits provided under the Health Benefits
16Service Package as that term is defined in subsection (m) of
17Section 5-1.1 of this Code.
18    (a-10) Notwithstanding the provisions of Section 1-11, the
19Department shall cover immunosuppressive drugs and related
20services associated with post-kidney transplant management,
21excluding long-term care costs, for noncitizens who: (i) are
22not eligible for comprehensive medical benefits; (ii) meet the
23residency requirements of Section 5-3; and (iii) would meet
24the financial eligibility requirements of Section 5-2.
25    (b) The Department is authorized to take any action that
26would not otherwise be prohibited by applicable law,

 

 

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1including, without limitation, cessation or limitation of
2enrollment, reduction of available medical services, and
3changing standards for eligibility, that is deemed necessary
4by the Department during a State fiscal year to assure that
5payments under this Section do not exceed available funds.
6    (c) (Blank).
7    (d) (Blank).
8(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
9102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43,
10Article 45, Section 45-5, eff. 7-6-21; revised 7-15-21.)
 
11    Section 99. Effective date. This Act takes effect July 1,
122022.