Full Text of SB2991 96th General Assembly
SB2991sam001 96TH GENERAL ASSEMBLY
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Sen. Carole Pankau
Filed: 2/24/2010
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| AMENDMENT TO SENATE BILL 2991
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| AMENDMENT NO. ______. Amend Senate Bill 2991 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Children's Health Insurance Program Act is | 5 |
| amended by changing Sections 20 and 40 as follows:
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| (215 ILCS 106/20)
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| Sec. 20. Eligibility.
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| (a) To be eligible for this Program, a person must be a | 9 |
| person who
has a child eligible under this Act and who is | 10 |
| eligible under a waiver
of federal requirements pursuant to an | 11 |
| application made pursuant to
subdivision (a)(1) of Section 40 | 12 |
| of this Act or who is a child who:
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| (1) is a child who is not eligible for medical | 14 |
| assistance;
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| (2) is a child whose annual household income, as | 16 |
| determined by the
Department, is above 133% of the federal |
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| poverty level and at or below
200%
of the federal poverty | 2 |
| level;
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| (2.5) is a child whose household assets do not exceed | 4 |
| $10,000, excluding (i) the value of the residence in which | 5 |
| the child lives and (ii) the value of a vehicle used by the | 6 |
| household for transportation purposes; for purposes of | 7 |
| this paragraph (2.5), "vehicle" does not include a | 8 |
| recreational vehicle as defined in the Campground | 9 |
| Licensing and Recreational Area Act;
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| (3) is a resident of the State of Illinois; and
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| (4) is a child who is either a United States citizen or | 12 |
| included in one
of the following categories of | 13 |
| non-citizens:
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| (A) unmarried dependent children of either a | 15 |
| United States Veteran
honorably discharged or a person | 16 |
| on active military duty;
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| (B) refugees under Section 207 of the Immigration | 18 |
| and
Nationality Act;
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| (C) asylees under Section 208 of the Immigration | 20 |
| and
Nationality Act;
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| (D) persons for whom deportation has been withheld | 22 |
| under
Section 243(h) of the Immigration and | 23 |
| Nationality Act;
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| (E) persons granted conditional entry under | 25 |
| Section 203(a)(7) of the
Immigration and Nationality | 26 |
| Act as in effect prior to April 1, 1980;
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| (F) persons lawfully admitted for permanent | 2 |
| residence under
the Immigration and Nationality Act; | 3 |
| and
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| (G) parolees, for at least one year, under Section | 5 |
| 212(d)(5)
of the Immigration and Nationality Act.
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| Those children who are in the categories set forth in | 7 |
| subdivisions
(4)(F) and (4)(G) of this subsection, who enter | 8 |
| the United States on or
after August 22, 1996, shall not be | 9 |
| eligible for 5 years beginning on the
date the child entered | 10 |
| the United States.
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| (b) A child who is determined to be eligible for assistance | 12 |
| may remain
eligible for 12 months, provided the child maintains | 13 |
| his or
her residence in the State, has not yet attained 19 | 14 |
| years of age, and is not
excluded pursuant to subsection (c). A | 15 |
| child who has been determined to
be eligible for assistance | 16 |
| must reapply or otherwise establish eligibility
at least | 17 |
| annually.
An eligible child shall be required , as determined by | 18 |
| the
Department by rule, to report promptly those changes in | 19 |
| income and other
circumstances that affect eligibility within | 20 |
| 30 days after the occurrence of the change . A failure to report | 21 |
| such a change to the Department within 30 days, without good | 22 |
| cause, is punishable as provided in Section 8A-6 of the | 23 |
| Illinois Public Aid Code. The eligibility of a child may be
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| redetermined based on the information reported or may be | 25 |
| terminated based on
the failure to report or failure to report | 26 |
| accurately. A child's responsible
relative or caretaker may |
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| also be held liable to the Department for any
payments made by | 2 |
| the Department on such child's behalf that were inappropriate.
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| An applicant shall be provided with notice of these | 4 |
| obligations.
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| (c) A child shall not be eligible for coverage under this | 6 |
| Program if:
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| (1) the premium required pursuant to
Section 30 of this | 8 |
| Act has not been paid. If the
required premiums are not | 9 |
| paid the liability of the Program
shall be limited to | 10 |
| benefits incurred under the
Program for the time period for | 11 |
| which premiums had been paid. If
the required monthly | 12 |
| premium is not paid, the child shall be ineligible for
| 13 |
| re-enrollment for a minimum period of 3 months. | 14 |
| Re-enrollment shall be
completed prior to the next covered | 15 |
| medical visit and the first month's
required premium shall | 16 |
| be paid in advance of the next covered medical visit.
The | 17 |
| Department shall promulgate rules regarding grace periods, | 18 |
| notice
requirements, and hearing procedures pursuant to | 19 |
| this subsection;
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| (2) the child is an inmate of a public institution or a | 21 |
| patient in an
institution for mental diseases; or
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| (3) the child is a member of a family that is eligible | 23 |
| for health benefits
covered under the State of Illinois | 24 |
| health benefits plan on the basis of a
member's employment | 25 |
| with a public agency.
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| (d) The changes made by this
amendatory Act of the 96th |
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| General Assembly shall apply to persons applying for benefits | 2 |
| under this Act on or after January 1, 2011, as prescribed by | 3 |
| Department rules.
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| (e) The changes made by this
amendatory Act of the 96th | 5 |
| General Assembly shall apply to persons entitled to benefits | 6 |
| under this Act beginning January 1, 2012. For purposes of this | 7 |
| Section "persons entitled to benefits" means persons entitled | 8 |
| to benefits under this Act as of the effective date of this | 9 |
| amendatory Act of the 96th General Assembly. The Department | 10 |
| shall adopt rules to implement the changes made by this | 11 |
| amendatory Act of the 96th General Assembly by January 1, 2012. | 12 |
| The Department shall create, by rule, compliance dates for new | 13 |
| applicants and existing applicants. | 14 |
| (Source: P.A. 92-597, eff. 6-28-02; 93-63, eff. 6-30-03.)
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| (215 ILCS 106/40)
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| Sec. 40. Waivers.
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| (a) The Department shall request any necessary waivers of | 18 |
| federal
requirements in order to allow receipt of federal | 19 |
| funding for:
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| (1) the coverage of families with eligible children | 21 |
| under this Act; and
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| (2) the coverage of
children who would otherwise be | 23 |
| eligible under this Act, but who have health
insurance.
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| (b) The failure of the responsible federal agency to | 25 |
| approve a
waiver for children who would otherwise be eligible |
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| under this Act but who have
health insurance shall not prevent | 2 |
| the implementation of any Section of this
Act provided that | 3 |
| there are sufficient appropriated funds.
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| (c) Eligibility of a person under an approved waiver due to | 5 |
| the
relationship with a child pursuant to Article V of the | 6 |
| Illinois Public Aid
Code or this Act shall be limited to such a | 7 |
| person whose countable income is
determined by the Department | 8 |
| to be at or below such income eligibility
standard as the | 9 |
| Department by rule shall establish. The income level
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| established by the Department shall not be below 90% of the | 11 |
| federal
poverty
level. Such persons who are determined to be | 12 |
| eligible must reapply, or
otherwise establish eligibility, at | 13 |
| least annually. An eligible person shall
be required , as | 14 |
| determined by the Department by rule, to report promptly those
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| changes in income and other circumstances that affect | 16 |
| eligibility to the Department within 30 days after the | 17 |
| occurrence of the change . A failure to report such a change to | 18 |
| the Department within 30 days, without good cause, is | 19 |
| punishable as provided in Section 8A-6 of the Illinois Public | 20 |
| Aid Code. The
eligibility of a person may be
redetermined based | 21 |
| on the information reported or may be terminated based on
the | 22 |
| failure to report or failure to report accurately. A person may | 23 |
| also be
held liable to the Department for any payments made by | 24 |
| the Department on such
person's behalf that were inappropriate. | 25 |
| An applicant shall be provided with
notice of these | 26 |
| obligations.
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| (d) The changes made by this
amendatory Act of the 96th | 2 |
| General Assembly shall apply to persons applying for benefits | 3 |
| under this Act on or after January 1, 2011, as prescribed by | 4 |
| Department rules. | 5 |
| (e) The changes made by this
amendatory Act of the 96th | 6 |
| General Assembly shall apply to persons entitled to benefits | 7 |
| under this Act beginning January 1, 2012. For purposes of this | 8 |
| Section "persons entitled to benefits" means persons entitled | 9 |
| to benefits under this Act as of the effective date of this | 10 |
| amendatory Act of the 96th General Assembly. The Department | 11 |
| shall adopt rules to implement the changes made by this | 12 |
| amendatory Act of the 96th General Assembly by January 1, 2012. | 13 |
| The Department shall create, by rule, compliance dates for new | 14 |
| applicants and existing applicants. | 15 |
| (Source: P.A. 96-328, eff. 8-11-09.)
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| Section 10. The Covering ALL KIDS Health Insurance Act is | 17 |
| amended by changing Section 20 as follows: | 18 |
| (215 ILCS 170/20) | 19 |
| (Section scheduled to be repealed on July 1, 2011)
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| Sec. 20. Eligibility. | 21 |
| (a) To be eligible for the Program, a person must be a | 22 |
| child:
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| (1) who is a resident of the State of Illinois; and
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| (2) who is ineligible for medical assistance under the |
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| Illinois Public Aid Code or benefits under the Children's | 2 |
| Health Insurance Program Act; and
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| (3) either (i) who has been without health insurance | 4 |
| coverage for a period set forth by the Department in rules, | 5 |
| but not less than 6 months during the first month of | 6 |
| operation of the Program, 7 months during the second month | 7 |
| of operation, 8 months during the third month of operation, | 8 |
| 9 months during the fourth month of operation, 10 months | 9 |
| during the fifth month of operation, 11 months during the | 10 |
| sixth month of operation, and 12 months thereafter, (ii) | 11 |
| whose parent has lost employment that made available | 12 |
| affordable dependent health insurance coverage, until such | 13 |
| time as affordable employer-sponsored dependent health | 14 |
| insurance coverage is again available for the child as set | 15 |
| forth by the Department in rules, (iii) who is a newborn | 16 |
| whose responsible relative does not have available | 17 |
| affordable private or employer-sponsored health insurance, | 18 |
| or (iv) who, within one year of applying for coverage under | 19 |
| this Act, lost medical benefits under the Illinois Public | 20 |
| Aid Code or the Children's Health Insurance Program Act ; | 21 |
| and . | 22 |
| (4) whose household assets do not exceed $10,000, | 23 |
| excluding (i) the value of the residence in which the child | 24 |
| lives and (ii) the value of a vehicle used by the household | 25 |
| for transportation purposes; for purposes of this | 26 |
| paragraph (4), "vehicle" does not include a recreational |
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| vehicle as defined in the Campground Licensing and | 2 |
| Recreational Area Act. | 3 |
| An entity that provides health insurance coverage (as | 4 |
| defined in Section 2 of the Comprehensive Health Insurance Plan | 5 |
| Act) to Illinois residents shall provide health insurance data | 6 |
| match to the Department of Healthcare and Family Services for | 7 |
| the purpose of determining eligibility for the Program under | 8 |
| this Act. | 9 |
| The Department of Healthcare and Family Services, in | 10 |
| collaboration with the Department of Financial and | 11 |
| Professional Regulation, Division of Insurance, shall adopt | 12 |
| rules governing the exchange of information under this Section. | 13 |
| The rules shall be consistent with all laws relating to the | 14 |
| confidentiality or privacy of personal information or medical | 15 |
| records, including provisions under the Federal Health | 16 |
| Insurance Portability and Accountability Act (HIPAA). | 17 |
| (b) The Department shall monitor the availability and | 18 |
| retention of employer-sponsored dependent health insurance | 19 |
| coverage and shall modify the period described in subdivision | 20 |
| (a)(3) if necessary to promote retention of private or | 21 |
| employer-sponsored health insurance and timely access to | 22 |
| healthcare services, but at no time shall the period described | 23 |
| in subdivision (a)(3) be less than 6 months.
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| (c) The Department, at its discretion, may take into | 25 |
| account the affordability of dependent health insurance when | 26 |
| determining whether employer-sponsored dependent health |
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| insurance coverage is available upon reemployment of a child's | 2 |
| parent as provided in subdivision (a)(3). | 3 |
| (d) A child who is determined to be eligible for the | 4 |
| Program shall remain eligible for 12 months, provided that the | 5 |
| child maintains his or her residence in this State, has not yet | 6 |
| attained 19 years of age, and is not excluded under subsection | 7 |
| (e). A child who has been determined to
be eligible for the | 8 |
| Program must reapply or otherwise establish eligibility
at | 9 |
| least annually.
An eligible child shall be required to report | 10 |
| those changes in income and other
circumstances that affect | 11 |
| eligibility within 30 days after the occurrence of the change. | 12 |
| A failure to report such a change to the Department within 30 | 13 |
| days, without good cause, is punishable as provided in Section | 14 |
| 8A-6 of the Illinois Public Aid Code. The eligibility of a | 15 |
| child may be
redetermined based on the information reported or | 16 |
| may be terminated based on
the failure to report or failure to | 17 |
| report accurately. A child's responsible
relative or caretaker | 18 |
| may also be held liable to the Department for any
payments made | 19 |
| by the Department on the child's behalf that were | 20 |
| inappropriate.
An applicant shall be provided with notice of | 21 |
| these obligations. | 22 |
| (e) A child is not eligible for coverage under the Program | 23 |
| if: | 24 |
| (1) the premium required under Section 40 has not been | 25 |
| timely paid; if the required premiums are not paid, the | 26 |
| liability of the Program shall be limited to benefits |
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| incurred under the Program for the time period for which | 2 |
| premiums have been paid; if the required monthly premium is | 3 |
| not paid, the child is ineligible for re-enrollment for a | 4 |
| minimum period of 3 months; re-enrollment shall be | 5 |
| completed before the next covered medical visit, and the | 6 |
| first month's required premium shall be paid in advance of | 7 |
| the next covered medical visit; or | 8 |
| (2) the child is an inmate of a public institution or | 9 |
| an institution for mental diseases.
| 10 |
| (f) The Department shall adopt eligibility rules, | 11 |
| including, but not limited to: rules regarding annual renewals | 12 |
| of eligibility for the Program; rules providing for | 13 |
| re-enrollment, grace periods, notice requirements, and hearing | 14 |
| procedures under subdivision (e)(1) of this Section; and rules | 15 |
| regarding what constitutes availability and affordability of | 16 |
| private or employer-sponsored health insurance, with | 17 |
| consideration of such factors as the percentage of income | 18 |
| needed to purchase children or family health insurance, the | 19 |
| availability of employer subsidies, and other relevant | 20 |
| factors.
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| (g) The changes made by this
amendatory Act of the 96th | 22 |
| General Assembly shall apply to persons applying for benefits | 23 |
| under this Act on or after January 1, 2011, as prescribed by | 24 |
| Department rules.
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| (h) The changes made by this
amendatory Act of the 96th | 26 |
| General Assembly shall apply to persons entitled to benefits |
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| under this Act beginning January 1, 2012. For purposes of this | 2 |
| Section "persons entitled to benefits" means persons entitled | 3 |
| to benefits under this Act as of the effective date of this | 4 |
| amendatory Act of the 96th General Assembly. The Department | 5 |
| shall adopt rules to implement the changes made by this | 6 |
| amendatory Act of the 96th General Assembly by January 1, 2012. | 7 |
| The Department shall create, by rule, compliance dates for new | 8 |
| applicants and existing applicants. | 9 |
| (Source: P.A. 94-693, eff. 7-1-06 .) | 10 |
| Section 15. The Illinois Public Aid Code is amended by | 11 |
| changing Section 8A-6 as follows:
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| (305 ILCS 5/8A-6) (from Ch. 23, par. 8A-6)
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| Sec. 8A-6. Classification of violations.
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| (a) Any person, firm, corporation,
association, agency, | 15 |
| institution or other legal entity that has been found
by a | 16 |
| court to have engaged in an act, practice or course of conduct | 17 |
| declared
unlawful under Sections 8A-2 through 8A-5 or Section | 18 |
| 8A-13 or 8A-14 where:
| 19 |
| (1) the total amount of money involved in the | 20 |
| violation, including the
monetary value of federal food | 21 |
| stamps and the value of commodities, is less
than $150, | 22 |
| shall be guilty of a Class A misdemeanor;
| 23 |
| (2) the total amount of money involved in the | 24 |
| violation, including the
monetary value of federal food |
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| stamps and the value of commodities, is $150
or more but | 2 |
| less than $1,000, shall be guilty of a Class 4 felony;
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| (3) the total amount of money involved in the | 4 |
| violation, including the
monetary value of federal food | 5 |
| stamps and the value of commodities, is
$1,000 or more but | 6 |
| less than $5,000, shall be guilty of a Class 3 felony;
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| (4) the total amount of money involved in the | 8 |
| violation, including the
monetary value of federal food | 9 |
| stamps and the value of commodities, is
$5,000 or more but | 10 |
| less than $10,000, shall be guilty of a Class 2 felony; or
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| (5) the total amount of money involved in the | 12 |
| violation, including the
monetary value of federal food | 13 |
| stamps and the value of commodities, is
$10,000 or more, | 14 |
| shall be guilty of a Class 1 felony and, notwithstanding
| 15 |
| the provisions of Section 8A-8 except for Subsection (c) of | 16 |
| Section 8A-8,
shall be ineligible for financial aid under | 17 |
| this Article for a period of
two years following conviction | 18 |
| or until the total amount of money,
including the value of | 19 |
| federal food stamps, is repaid, whichever first occurs.
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| (b) Any person, firm, corporation, association, agency, | 21 |
| institution
or other legal entity that commits a subsequent | 22 |
| violation of any of the
provisions of Sections 8A-2 through | 23 |
| 8A-5 and:
| 24 |
| (1) the total amount of money involved in the | 25 |
| subsequent violation,
including the monetary value of | 26 |
| federal food stamps and the value of
commodities, is less |
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| than $150,
shall be guilty of a Class 4 felony;
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| (2) the total amount of money involved in the | 3 |
| subsequent violation,
including the monetary value of | 4 |
| federal food stamps and the value of
commodities, is $150 | 5 |
| or more but
less than $1,000, shall be guilty of a Class 3 | 6 |
| felony;
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| (3) the total amount of money involved in the | 8 |
| subsequent violation,
including the monetary value of | 9 |
| federal food stamps and the value of
commodities, is $1,000 | 10 |
| or more
but less than $5,000, shall be guilty of a Class 2 | 11 |
| felony;
| 12 |
| (4) the total amount of money involved in the | 13 |
| subsequent violation,
including the monetary value of | 14 |
| federal food stamps and the value of
commodities, is $5,000 | 15 |
| or more but
less than $10,000, shall be guilty of a Class 1 | 16 |
| felony.
| 17 |
| (c) For purposes of determining the classification of | 18 |
| offense under
this Section, all of the money received as a | 19 |
| result of the unlawful act,
practice or course of conduct can | 20 |
| be accumulated.
| 21 |
| (d) A failure to report a change in income or other | 22 |
| circumstances to the Department of Healthcare and Family | 23 |
| Services within 30 days as required under subsection (b) of | 24 |
| Section 20 or subsection (c) of Section 40 of the Children's | 25 |
| Health Insurance Program Act, or subsection (d) of Section 20 | 26 |
| of the Covering ALL KIDS Health Insurance Act, without good |
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| cause, is a Class A misdemeanor for which a fine not to exceed | 2 |
| $10,000 may be imposed. In addition, if a person receives | 3 |
| benefits under Section 20 or 40 of the Children's Health | 4 |
| Insurance Program Act or Section 20 of the Covering ALL KIDS | 5 |
| Health Insurance Act to which he or she was not entitled | 6 |
| because of the person's failure, without good cause, to report | 7 |
| a change in income or other circumstances that would have | 8 |
| rendered the person ineligible for those benefits, the person | 9 |
| must repay to the Department of Healthcare and Family Services | 10 |
| the amount of benefits wrongly received.
| 11 |
| (e) The changes made by this
amendatory Act of the 96th | 12 |
| General Assembly shall apply to persons applying for benefits | 13 |
| under this Code on or after January 1, 2011, as prescribed by | 14 |
| Department rules. | 15 |
| (f) The changes made by this
amendatory Act of the 96th | 16 |
| General Assembly shall apply to persons entitled to benefits | 17 |
| under this Code beginning January 1, 2012. For purposes of this | 18 |
| Section "persons entitled to benefits" means persons entitled | 19 |
| to benefits under this Act as of the effective date of this | 20 |
| amendatory Act of the 96th General Assembly. | 21 |
| (Source: P.A. 90-538, eff. 12-1-97.)
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
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