SB2328enr 94TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning public aid.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 2. The Department of Human Services Act is amended
5 by adding Section 10-50 as follows:
 
6     (20 ILCS 1305/10-50 new)
7     Sec. 10-50. Illinois Steps for Attaining Higher Education
8 through Academic Development Program established. The Illinois
9 Steps for Attaining Higher Education through Academic
10 Development ("Illinois Steps AHEAD") program is established in
11 the Illinois Department of Human Services. Illinois Steps AHEAD
12 shall provide educational services and post-secondary
13 educational scholarships for low-income middle and high school
14 students. Program components shall include increased parent
15 involvement, creative and engaging academic support for
16 students, career exploration programs, college preparation,
17 and increased collaboration with local schools. The Illinois
18 Department of Human Services shall administer the program. The
19 Department shall implement the program only if federal funding
20 is made available for that purpose. All moneys received
21 pursuant to the federal Gaining Early Awareness and Readiness
22 for Undergraduate Programs shall be deposited into the Gaining
23 Early Awareness and Readiness for Undergraduate Programs Fund,
24 a special fund hereby created in the State treasury. Moneys in
25 this fund shall be appropriated to the Department of Human
26 Services and expended for the purposes and activities specified
27 by the federal agency making the grant. All interest earnings
28 on amounts in the Gaining Early Awareness and Readiness for
29 Undergraduate Programs Fund shall accrue to the Gaining
30 Awareness and Readiness for Undergraduate Programs Fund and be
31 used in accordance with 34 C.F.R. 75.703.
 

 

 

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1     Section 3. The State Finance Act is amended by adding
2 Section 5.663 as follows:
 
3     (30 ILCS 105/5.663 new)
4     Sec. 5.663. The Gaining Early Awareness and Readiness for
5 Undergraduate Programs Fund.
 
6     Section 5. The Illinois Public Aid Code is amended by
7 changing Section 5-2 and adding Section 12-4.103a as follows:
 
8     (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
9     Sec. 5-2. Classes of Persons Eligible. Medical assistance
10 under this Article shall be available to any of the following
11 classes of persons in respect to whom a plan for coverage has
12 been submitted to the Governor by the Illinois Department and
13 approved by him:
14         1. Recipients of basic maintenance grants under
15     Articles III and IV.
16         2. Persons otherwise eligible for basic maintenance
17     under Articles III and IV but who fail to qualify
18     thereunder on the basis of need, and who have insufficient
19     income and resources to meet the costs of necessary medical
20     care, including but not limited to the following:
21             (a) All persons otherwise eligible for basic
22         maintenance under Article III but who fail to qualify
23         under that Article on the basis of need and who meet
24         either of the following requirements:
25                 (i) their income, as determined by the
26             Illinois Department in accordance with any federal
27             requirements, is equal to or less than 70% in
28             fiscal year 2001, equal to or less than 85% in
29             fiscal year 2002 and until a date to be determined
30             by the Department by rule, and equal to or less
31             than 100% beginning on the date determined by the
32             Department by rule, of the nonfarm income official
33             poverty line, as defined by the federal Office of

 

 

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1             Management and Budget and revised annually in
2             accordance with Section 673(2) of the Omnibus
3             Budget Reconciliation Act of 1981, applicable to
4             families of the same size; or
5                 (ii) their income, after the deduction of
6             costs incurred for medical care and for other types
7             of remedial care, is equal to or less than 70% in
8             fiscal year 2001, equal to or less than 85% in
9             fiscal year 2002 and until a date to be determined
10             by the Department by rule, and equal to or less
11             than 100% beginning on the date determined by the
12             Department by rule, of the nonfarm income official
13             poverty line, as defined in item (i) of this
14             subparagraph (a).
15             (b) All persons who would be determined eligible
16         for such basic maintenance under Article IV by
17         disregarding the maximum earned income permitted by
18         federal law.
19         3. Persons who would otherwise qualify for Aid to the
20     Medically Indigent under Article VII.
21         4. Persons not eligible under any of the preceding
22     paragraphs who fall sick, are injured, or die, not having
23     sufficient money, property or other resources to meet the
24     costs of necessary medical care or funeral and burial
25     expenses.
26         5.(a) Women during pregnancy, after the fact of
27     pregnancy has been determined by medical diagnosis, and
28     during the 60-day period beginning on the last day of the
29     pregnancy, together with their infants and children born
30     after September 30, 1983, whose income and resources are
31     insufficient to meet the costs of necessary medical care to
32     the maximum extent possible under Title XIX of the Federal
33     Social Security Act.
34         (b) The Illinois Department and the Governor shall
35     provide a plan for coverage of the persons eligible under
36     paragraph 5(a) by April 1, 1990. Such plan shall provide

 

 

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1     ambulatory prenatal care to pregnant women during a
2     presumptive eligibility period and establish an income
3     eligibility standard that is equal to 133% of the nonfarm
4     income official poverty line, as defined by the federal
5     Office of Management and Budget and revised annually in
6     accordance with Section 673(2) of the Omnibus Budget
7     Reconciliation Act of 1981, applicable to families of the
8     same size, provided that costs incurred for medical care
9     are not taken into account in determining such income
10     eligibility.
11         (c) The Illinois Department may conduct a
12     demonstration in at least one county that will provide
13     medical assistance to pregnant women, together with their
14     infants and children up to one year of age, where the
15     income eligibility standard is set up to 185% of the
16     nonfarm income official poverty line, as defined by the
17     federal Office of Management and Budget. The Illinois
18     Department shall seek and obtain necessary authorization
19     provided under federal law to implement such a
20     demonstration. Such demonstration may establish resource
21     standards that are not more restrictive than those
22     established under Article IV of this Code.
23         6. Persons under the age of 18 who fail to qualify as
24     dependent under Article IV and who have insufficient income
25     and resources to meet the costs of necessary medical care
26     to the maximum extent permitted under Title XIX of the
27     Federal Social Security Act.
28         7. Persons who are under 21 years of age and would
29     qualify as disabled as defined under the Federal
30     Supplemental Security Income Program, provided medical
31     service for such persons would be eligible for Federal
32     Financial Participation, and provided the Illinois
33     Department determines that:
34             (a) the person requires a level of care provided by
35         a hospital, skilled nursing facility, or intermediate
36         care facility, as determined by a physician licensed to

 

 

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1         practice medicine in all its branches;
2             (b) it is appropriate to provide such care outside
3         of an institution, as determined by a physician
4         licensed to practice medicine in all its branches;
5             (c) the estimated amount which would be expended
6         for care outside the institution is not greater than
7         the estimated amount which would be expended in an
8         institution.
9         8. Persons who become ineligible for basic maintenance
10     assistance under Article IV of this Code in programs
11     administered by the Illinois Department due to employment
12     earnings and persons in assistance units comprised of
13     adults and children who become ineligible for basic
14     maintenance assistance under Article VI of this Code due to
15     employment earnings. The plan for coverage for this class
16     of persons shall:
17             (a) extend the medical assistance coverage for up
18         to 12 months following termination of basic
19         maintenance assistance; and
20             (b) offer persons who have initially received 6
21         months of the coverage provided in paragraph (a) above,
22         the option of receiving an additional 6 months of
23         coverage, subject to the following:
24                 (i) such coverage shall be pursuant to
25             provisions of the federal Social Security Act;
26                 (ii) such coverage shall include all services
27             covered while the person was eligible for basic
28             maintenance assistance;
29                 (iii) no premium shall be charged for such
30             coverage; and
31                 (iv) such coverage shall be suspended in the
32             event of a person's failure without good cause to
33             file in a timely fashion reports required for this
34             coverage under the Social Security Act and
35             coverage shall be reinstated upon the filing of
36             such reports if the person remains otherwise

 

 

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1             eligible.
2         9. Persons with acquired immunodeficiency syndrome
3     (AIDS) or with AIDS-related conditions with respect to whom
4     there has been a determination that but for home or
5     community-based services such individuals would require
6     the level of care provided in an inpatient hospital,
7     skilled nursing facility or intermediate care facility the
8     cost of which is reimbursed under this Article. Assistance
9     shall be provided to such persons to the maximum extent
10     permitted under Title XIX of the Federal Social Security
11     Act.
12         10. Participants in the long-term care insurance
13     partnership program established under the Partnership for
14     Long-Term Care Act who meet the qualifications for
15     protection of resources described in Section 25 of that
16     Act.
17         11. Persons with disabilities who are employed and
18     eligible for Medicaid, pursuant to Section
19     1902(a)(10)(A)(ii)(xv) of the Social Security Act, as
20     provided by the Illinois Department by rule.
21         12. Subject to federal approval, persons who are
22     eligible for medical assistance coverage under applicable
23     provisions of the federal Social Security Act and the
24     federal Breast and Cervical Cancer Prevention and
25     Treatment Act of 2000. Those eligible persons are defined
26     to include, but not be limited to, the following persons:
27             (1) persons who have been screened for breast or
28         cervical cancer under the U.S. Centers for Disease
29         Control and Prevention Breast and Cervical Cancer
30         Program established under Title XV of the federal
31         Public Health Services Act in accordance with the
32         requirements of Section 1504 of that Act as
33         administered by the Illinois Department of Public
34         Health; and
35             (2) persons whose screenings under the above
36         program were funded in whole or in part by funds

 

 

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1         appropriated to the Illinois Department of Public
2         Health for breast or cervical cancer screening.
3         "Medical assistance" under this paragraph 12 shall be
4     identical to the benefits provided under the State's
5     approved plan under Title XIX of the Social Security Act.
6     The Department must request federal approval of the
7     coverage under this paragraph 12 within 30 days after the
8     effective date of this amendatory Act of the 92nd General
9     Assembly.
10         13. Subject to appropriation and to federal approval,
11     persons living with HIV/AIDS who are not otherwise eligible
12     under this Article and who qualify for services covered
13     under Section 5-5.04 as provided by the Illinois Department
14     by rule.
15         14. Subject to the availability of funds for this
16     purpose, the Department may provide coverage under this
17     Article to persons who reside in Illinois who are not
18     eligible under any of the preceding paragraphs and who meet
19     the income guidelines of paragraph 2(a) of this Section and
20     (i) have an application for asylum pending before the
21     federal Department of Homeland Security or on appeal before
22     a court of competent jurisdiction and are represented
23     either by counsel or by an advocate accredited by the
24     federal Department of Homeland Security and employed by a
25     not-for-profit organization in regard to that application
26     or appeal, or (ii) are receiving services through a
27     federally funded torture treatment center. Medical
28     coverage under this paragraph 14 may be provided for up to
29     24 continuous months from the initial eligibility date so
30     long as an individual continues to satisfy the criteria of
31     this paragraph 14. If an individual has an appeal pending
32     regarding an application for asylum before the Department
33     of Homeland Security, eligibility under this paragraph 14
34     may be extended until a final decision is rendered on the
35     appeal. The Department may adopt rules governing the
36     implementation of this paragraph 14.

 

 

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1     The Illinois Department and the Governor shall provide a
2 plan for coverage of the persons eligible under paragraph 7 as
3 soon as possible after July 1, 1984.
4     The eligibility of any such person for medical assistance
5 under this Article is not affected by the payment of any grant
6 under the Senior Citizens and Disabled Persons Property Tax
7 Relief and Pharmaceutical Assistance Act or any distributions
8 or items of income described under subparagraph (X) of
9 paragraph (2) of subsection (a) of Section 203 of the Illinois
10 Income Tax Act. The Department shall by rule establish the
11 amounts of assets to be disregarded in determining eligibility
12 for medical assistance, which shall at a minimum equal the
13 amounts to be disregarded under the Federal Supplemental
14 Security Income Program. The amount of assets of a single
15 person to be disregarded shall not be less than $2,000, and the
16 amount of assets of a married couple to be disregarded shall
17 not be less than $3,000.
18     To the extent permitted under federal law, any person found
19 guilty of a second violation of Article VIIIA shall be
20 ineligible for medical assistance under this Article, as
21 provided in Section 8A-8.
22     The eligibility of any person for medical assistance under
23 this Article shall not be affected by the receipt by the person
24 of donations or benefits from fundraisers held for the person
25 in cases of serious illness, as long as neither the person nor
26 members of the person's family have actual control over the
27 donations or benefits or the disbursement of the donations or
28 benefits.
29 (Source: P.A. 93-20, eff. 6-20-03; 94-629, eff. 1-1-06.)
 
30     (305 ILCS 5/12-4.103a new)
31     Sec. 12-4.103a. Assets for Independence Program.
32     (a) Program established. Subject to available funding and
33 receipt of a federal Assets for Independence grant award, the
34 Department of Human Services shall establish and administer an
35 Assets for Independence Program (Program). The Program shall be

 

 

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1 established in accordance with the terms of the Assets for
2 Independence Act (AFIA) as now and hereafter amended (Title IV
3 Community Opportunities, Accountability, and Training and
4 Educational Services Act as amended, Public Law 105-285, 42
5 U.S.C. 604 note).
6     (b) Assets for Independence Fund. The Assets for
7 Independence Fund is established. The Fund shall be held by the
8 Secretary or his or her designee as ex-officio custodian
9 thereof separate and apart from all other State funds. The
10 Assets for Independence Fund is authorized to receive grants
11 under AFIA, State moneys appropriated for the Program, and
12 moneys from voluntary donations from individuals, foundations,
13 corporations, and other sources. Moneys in the Assets for
14 Independence Fund shall not be commingled with other State
15 funds, but they shall be deposited as required by law and
16 maintained in a separate account on the books of a savings and
17 loan association, bank, or other qualified financial
18 institution. All interest earnings on amounts within the Assets
19 for Independence Fund shall accrue to the Assets for
20 Independence Fund and shall be used in accordance with the
21 terms of the AFIA. Administrative expenses related to the
22 Program, including the provision of financial education to
23 Program participants, shall be paid from the Assets for
24 Independence Fund in accordance with the terms of AFIA Section
25 707(c)(3).
26     (c) Program purpose. The purpose of the Program is to allow
27 eligible low-income Illinois citizens, subject to the
28 availability of State and federal funds and authorization from
29 the Department, to open and maintain an Individual Development
30 Account (IDA) at a federally insured financial institution.
31 Deposits into an IDA that are used for subsequent qualified
32 purchases shall be matched dollar-for-dollar by moneys from the
33 Assets for Independence Fund. Not more than $2,000 of moneys
34 from the Assets for Independence Fund shall be provided to any
35 one individual. Not more than $4,000 of moneys from the Assets
36 for Independence Fund shall be provided to any one household.

 

 

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1 Assets for Independence Fund moneys not being used to
2 administer the Program shall be used only for qualified
3 purchases, shall be distributed only directly to the vendor of
4 a qualified purchase, and shall require the authorization by
5 signature of the Department's chief financial officer.
6     (d) Contributions to IDA and use of moneys. An individual
7 may make contributions to his or her IDA only from earned
8 income as defined in Section 911(d)(2) of the Internal Revenue
9 Code of 1986. The moneys deposited into an IDA shall not be
10 commingled with any Assets for Independence Fund moneys. An IDA
11 holder shall have a 36-month period, beginning on the date the
12 Department authorizes the holder to open the IDA, within which
13 to make a qualified purchase. If a qualified purchase is not
14 made within that 36-month period, Assets for Independence Fund
15 moneys earmarked for that individual shall be released, and the
16 Department shall authorize another eligible person to open an
17 IDA. Under no circumstances, and at no time, shall an IDA
18 holder lose the ability to withdraw moneys from his or her IDA.
19     (e) Qualified purchases. A qualified asset purchase using
20 moneys from an IDA shall be defined in accordance with AFIA
21 Section 404(8) and shall be one or more of the following:
22         (1) Payment of post-secondary education expenses, if
23     the expenses are paid directly to an eligible educational
24     institution.
25         (2) Acquisition of a principal residence, if the
26     individual is buying a home for the first time and if the
27     funds are paid directly to the person to whom the amounts
28     required for the purchase are due.
29         (3) Financing of business capitalization expenses, if
30     the funds are paid directly into a business capitalization
31     account at a federally insured financial institution and
32     are restricted to use solely for qualified business
33     capitalization expenses.
34     (f) Program eligibility. Program eligibility shall be
35 established by the Department in accordance with AFIA Section
36 408. Persons eligible to open an IDA and to receive Assets for

 

 

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1 Independence Fund moneys are Illinois citizens currently
2 residing in Illinois who are (i) able to demonstrate that they
3 are currently eligible for assistance under the State's
4 Temporary Assistance for Needy Families program or (ii) able to
5 demonstrate that the adjusted gross income of their household
6 in the calendar year preceding the determination of eligibility
7 was equal to or less than 200% of the poverty line, as
8 determined by the Federal Office of Management and Budget. An
9 individual must further demonstrate that the net worth of his
10 or her household, as of the end of the calendar year preceding
11 the determination of eligibility, does not exceed $10,000, as
12 determined by AFIA Section 408(2)(B). Notwithstanding any
13 other provision of State law, moneys in an Individual
14 Development Account, including accrued interest and matching
15 deposits, shall be disregarded for the purpose of determining
16 the eligibility and benefit levels under this Code in the case
17 of the individual establishing the IDA with respect to any
18 period during which the individual maintains or makes
19 contributions into the IDA. The Department shall approve an
20 individual to open an IDA at a federally insured financial
21 institution upon determining, based on the individual's
22 application, that all eligibility criteria are met and subject
23 to the availability of $2,000 in Assets for Independence Fund
24 moneys.
 
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.