Full Text of SB1415 095th General Assembly
SB1415enr 95TH GENERAL ASSEMBLY
|
|
|
SB1415 Enrolled |
|
LRB095 11023 DRJ 31338 b |
|
| 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 5. The Illinois Public Aid Code is amended by | 5 |
| changing Sections 4-2, 5-2, and 12-4.11 as follows:
| 6 |
| (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
| 7 |
| Sec. 4-2. Amount of aid.
| 8 |
| (a) The amount and nature of financial aid shall be | 9 |
| determined in accordance
with the grant amounts, rules and | 10 |
| regulations of the Illinois Department. Due
regard shall be | 11 |
| given to the self-sufficiency requirements of the family and to
| 12 |
| the income, money contributions and other support and resources | 13 |
| available, from
whatever source. However, the amount and nature | 14 |
| of any financial aid is not
affected by the payment of any | 15 |
| grant under the "Senior Citizens and Disabled
Persons Property | 16 |
| Tax Relief and Pharmaceutical Assistance Act" or any
| 17 |
| distributions or items of income described under subparagraph | 18 |
| (X) of paragraph
(2) of subsection (a) of Section 203 of the | 19 |
| Illinois Income Tax Act. The aid
shall be sufficient, when | 20 |
| added to all other income, money contributions and
support to | 21 |
| provide the family with a grant in the amount established by
| 22 |
| Department regulation.
| 23 |
| Subject to appropriation, beginning on July 1, 2008, the |
|
|
|
SB1415 Enrolled |
- 2 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| Department of Human Services shall increase TANF grant amounts | 2 |
| in effect on June 30, 2008 by 15%. The Department is authorized | 3 |
| to administer this increase but may not otherwise adopt any | 4 |
| rule to implement this increase. | 5 |
| (b) The Illinois Department may conduct special projects, | 6 |
| which may be
known as Grant Diversion Projects, under which | 7 |
| recipients of financial aid
under this Article are placed in | 8 |
| jobs and their grants are diverted to the
employer who in turn | 9 |
| makes payments to the recipients in the form of salary
or other | 10 |
| employment benefits. The Illinois Department shall by rule | 11 |
| specify
the terms and conditions of such Grant Diversion | 12 |
| Projects. Such projects
shall take into consideration and be | 13 |
| coordinated with the programs
administered under the Illinois | 14 |
| Emergency Employment Development Act.
| 15 |
| (c) The amount and nature of the financial aid for a child | 16 |
| requiring
care outside his own home shall be determined in | 17 |
| accordance with the rules
and regulations of the Illinois | 18 |
| Department, with due regard to the needs
and requirements of | 19 |
| the child in the foster home or institution in which
he has | 20 |
| been placed.
| 21 |
| (d) If the Department establishes grants for family units | 22 |
| consisting
exclusively of a pregnant woman with no dependent | 23 |
| child or including her
husband if living with her, the grant | 24 |
| amount for such a unit
shall be equal to the grant amount for | 25 |
| an assistance unit consisting of one
adult, or 2 persons if the | 26 |
| husband is included. Other than as herein
described, an unborn |
|
|
|
SB1415 Enrolled |
- 3 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| child shall not be counted
in determining the size of an | 2 |
| assistance unit or for calculating grants.
| 3 |
| Payments for basic maintenance requirements of a child or | 4 |
| children
and the relative with whom the child or children are | 5 |
| living shall be
prescribed, by rule, by the Illinois | 6 |
| Department.
| 7 |
| Grants under this Article shall not be supplemented by | 8 |
| General
Assistance provided under Article VI.
| 9 |
| (e) Grants shall be paid to the parent or other person with | 10 |
| whom the
child or children are living, except for such amount | 11 |
| as is paid in
behalf of the child or his parent or other | 12 |
| relative to other persons or
agencies pursuant to this Code or | 13 |
| the rules and regulations of the
Illinois Department.
| 14 |
| (f) Subject to subsection (f-5), an assistance unit, | 15 |
| receiving
financial
aid under this Article or
temporarily | 16 |
| ineligible to receive aid under this Article under a penalty
| 17 |
| imposed by the Illinois Department for failure to comply with | 18 |
| the eligibility
requirements or that voluntarily requests | 19 |
| termination of financial assistance
under this Article and | 20 |
| becomes subsequently eligible for assistance within 9
months, | 21 |
| shall not receive any increase in the amount of aid solely on | 22 |
| account
of the birth of a child; except that an increase is not | 23 |
| prohibited when the
birth is (i) of a child of a pregnant woman
| 24 |
| who became eligible for aid under this Article during the | 25 |
| pregnancy,
or (ii) of a child born within 10 months after the | 26 |
| date of implementation of
this subsection, or (iii) of a child |
|
|
|
SB1415 Enrolled |
- 4 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| conceived after a family became
ineligible for assistance due | 2 |
| to income or marriage and at least 3 months of
ineligibility | 3 |
| expired before any reapplication for assistance. This | 4 |
| subsection
does not, however, prevent a unit from receiving a | 5 |
| general increase in the
amount of aid that is provided to all | 6 |
| recipients of aid under this Article.
| 7 |
| The Illinois Department is authorized to transfer funds, | 8 |
| and shall use any
budgetary savings attributable to not | 9 |
| increasing the grants due to the births
of additional children, | 10 |
| to supplement existing funding for employment and
training | 11 |
| services for recipients of aid under this Article IV. The | 12 |
| Illinois
Department shall target, to the extent the | 13 |
| supplemental funding allows,
employment and training services | 14 |
| to the families who do not receive a grant
increase after the | 15 |
| birth of a child. In addition, the Illinois Department
shall | 16 |
| provide, to the extent the supplemental funding allows, such | 17 |
| families
with up to 24 months of transitional child care | 18 |
| pursuant to Illinois Department
rules. All remaining | 19 |
| supplemental funds shall be used for employment and
training | 20 |
| services or transitional child care support.
| 21 |
| In making the transfers authorized by this subsection, the | 22 |
| Illinois
Department shall first determine, pursuant to | 23 |
| regulations adopted by the
Illinois Department for this | 24 |
| purpose, the amount of savings attributable to
not increasing | 25 |
| the grants due to the births of additional children. Transfers
| 26 |
| may be made from General Revenue Fund appropriations for |
|
|
|
SB1415 Enrolled |
- 5 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| distributive purposes
authorized by Article IV of this Code | 2 |
| only to General Revenue Fund
appropriations for employability | 3 |
| development services including operating
and administrative | 4 |
| costs and related distributive purposes under Article
IXA of | 5 |
| this Code. The Director, with the approval of the Governor, | 6 |
| shall
certify the amount and affected line item appropriations | 7 |
| to the State
Comptroller.
| 8 |
| Nothing in this subsection shall be construed to prohibit | 9 |
| the Illinois
Department from using funds under this Article IV | 10 |
| to provide
assistance in the form of vouchers
that may be used | 11 |
| to pay for goods and services deemed by the Illinois
| 12 |
| Department, by rule, as suitable for the care of the child such | 13 |
| as diapers,
clothing, school supplies, and cribs.
| 14 |
| (f-5) Subsection (f) shall not apply to affect the monthly | 15 |
| assistance
amount of
any family as a result of the birth of a | 16 |
| child on or after January 1, 2004.
As resources permit after | 17 |
| January 1, 2004, the Department may
cease applying subsection | 18 |
| (f) to limit assistance to families receiving
assistance under | 19 |
| this Article on January 1, 2004, with respect to children
born | 20 |
| prior to that date. In any event, subsection (f) shall be | 21 |
| completely
inoperative on and after July 1, 2007.
| 22 |
| (g) (Blank).
| 23 |
| (h) Notwithstanding any other provision of this Code, the | 24 |
| Illinois
Department is authorized to reduce payment levels used | 25 |
| to determine cash grants
under this Article after December 31 | 26 |
| of any fiscal year if the Illinois
Department determines that |
|
|
|
SB1415 Enrolled |
- 6 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| the caseload upon which the appropriations for the
current | 2 |
| fiscal year are based have increased by more than 5% and the
| 3 |
| appropriation is not sufficient to ensure that
cash benefits | 4 |
| under this Article do not exceed the amounts appropriated for
| 5 |
| those cash benefits. Reductions in payment levels may be | 6 |
| accomplished by
emergency rule under Section 5-45 of the | 7 |
| Illinois Administrative Procedure Act,
except that the | 8 |
| limitation on the number of emergency rules that may be adopted
| 9 |
| in a 24-month period shall not apply and the provisions of | 10 |
| Sections 5-115 and
5-125 of the Illinois Administrative | 11 |
| Procedure Act shall not apply.
Increases in payment levels | 12 |
| shall be accomplished only in accordance with
Section 5-40 of | 13 |
| the Illinois Administrative Procedure Act. Before any rule
to | 14 |
| increase payment levels
promulgated under this Section shall | 15 |
| become effective, a joint resolution
approving the rule must be | 16 |
| adopted by a roll call vote by a majority of the
members | 17 |
| elected to each chamber of the General Assembly.
| 18 |
| (Source: P.A. 92-111, eff. 1-1-02; 93-598, eff. 8-26-03.)
| 19 |
| (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
| 20 |
| Sec. 5-2. Classes of Persons Eligible. Medical assistance | 21 |
| under this
Article shall be available to any of the following | 22 |
| classes of persons in
respect to whom a plan for coverage has | 23 |
| been submitted to the Governor
by the Illinois Department and | 24 |
| approved by him:
| 25 |
| 1. Recipients of basic maintenance grants under |
|
|
|
SB1415 Enrolled |
- 7 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| Articles III and IV.
| 2 |
| 2. Persons otherwise eligible for basic maintenance | 3 |
| under Articles
III and IV but who fail to qualify | 4 |
| thereunder on the basis of need, and
who have insufficient | 5 |
| income and resources to meet the costs of
necessary medical | 6 |
| care, including but not limited to the following:
| 7 |
| (a) All persons otherwise eligible for basic | 8 |
| maintenance under Article
III but who fail to qualify | 9 |
| under that Article on the basis of need and who
meet | 10 |
| either of the following requirements:
| 11 |
| (i) their income, as determined by the | 12 |
| Illinois Department in
accordance with any federal | 13 |
| requirements, is equal to or less than 70% in
| 14 |
| fiscal year 2001, equal to or less than 85% in | 15 |
| fiscal year 2002 and until
a date to be determined | 16 |
| by the Department by rule, and equal to or less
| 17 |
| than 100% beginning on the date determined by the | 18 |
| Department by rule, of the nonfarm income official | 19 |
| poverty
line, as defined by the federal Office of | 20 |
| Management and Budget and revised
annually in | 21 |
| accordance with Section 673(2) of the Omnibus | 22 |
| Budget Reconciliation
Act of 1981, applicable to | 23 |
| families of the same size; or
| 24 |
| (ii) their income, after the deduction of | 25 |
| costs incurred for medical
care and for other types | 26 |
| of remedial care, is equal to or less than 70% in
|
|
|
|
SB1415 Enrolled |
- 8 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| fiscal year 2001, equal to or less than 85% in | 2 |
| fiscal year 2002 and until
a date to be determined | 3 |
| by the Department by rule, and equal to or less
| 4 |
| than 100% beginning on the date determined by the | 5 |
| Department by rule, of the nonfarm income official | 6 |
| poverty
line, as defined in item (i) of this | 7 |
| subparagraph (a).
| 8 |
| (b) All persons who would be determined eligible | 9 |
| for such basic
maintenance under Article IV by | 10 |
| disregarding the maximum earned income
permitted by | 11 |
| federal law.
| 12 |
| 3. Persons who would otherwise qualify for Aid to the | 13 |
| Medically
Indigent under Article VII.
| 14 |
| 4. Persons not eligible under any of the preceding | 15 |
| paragraphs who fall
sick, are injured, or die, not having | 16 |
| sufficient money, property or other
resources to meet the | 17 |
| costs of necessary medical care or funeral and burial
| 18 |
| expenses.
| 19 |
| 5.(a) Women during pregnancy, after the fact
of | 20 |
| pregnancy has been determined by medical diagnosis, and | 21 |
| during the
60-day period beginning on the last day of the | 22 |
| pregnancy, together with
their infants and children born | 23 |
| after September 30, 1983,
whose income and
resources are | 24 |
| insufficient to meet the costs of necessary medical care to
| 25 |
| the maximum extent possible under Title XIX of the
Federal | 26 |
| Social Security Act.
|
|
|
|
SB1415 Enrolled |
- 9 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| (b) The Illinois Department and the Governor shall | 2 |
| provide a plan for
coverage of the persons eligible under | 3 |
| paragraph 5(a) by April 1, 1990. Such
plan shall provide | 4 |
| ambulatory prenatal care to pregnant women during a
| 5 |
| presumptive eligibility period and establish an income | 6 |
| eligibility standard
that is equal to 133%
of the nonfarm | 7 |
| income official poverty line, as defined by
the federal | 8 |
| Office of Management and Budget and revised annually in
| 9 |
| accordance with Section 673(2) of the Omnibus Budget | 10 |
| Reconciliation Act of
1981, applicable to families of the | 11 |
| same size, provided that costs incurred
for medical care | 12 |
| are not taken into account in determining such income
| 13 |
| eligibility.
| 14 |
| (c) The Illinois Department may conduct a | 15 |
| demonstration in at least one
county that will provide | 16 |
| medical assistance to pregnant women, together
with their | 17 |
| infants and children up to one year of age,
where the | 18 |
| income
eligibility standard is set up to 185% of the | 19 |
| nonfarm income official
poverty line, as defined by the | 20 |
| federal Office of Management and Budget.
The Illinois | 21 |
| Department shall seek and obtain necessary authorization
| 22 |
| provided under federal law to implement such a | 23 |
| demonstration. Such
demonstration may establish resource | 24 |
| standards that are not more
restrictive than those | 25 |
| established under Article IV of this Code.
| 26 |
| 6. Persons under the age of 18 who fail to qualify as |
|
|
|
SB1415 Enrolled |
- 10 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| dependent under
Article IV and who have insufficient income | 2 |
| and resources to meet the costs
of necessary medical care | 3 |
| to the maximum extent permitted under Title XIX
of the | 4 |
| Federal Social Security Act.
| 5 |
| 7. Persons who are under 21 years of age and would
| 6 |
| qualify as
disabled as defined under the Federal | 7 |
| Supplemental Security Income Program,
provided medical | 8 |
| service for such persons would be eligible for Federal
| 9 |
| Financial Participation, and provided the Illinois | 10 |
| Department determines that:
| 11 |
| (a) the person requires a level of care provided by | 12 |
| a hospital, skilled
nursing facility, or intermediate | 13 |
| care facility, as determined by a physician
licensed to | 14 |
| practice medicine in all its branches;
| 15 |
| (b) it is appropriate to provide such care outside | 16 |
| of an institution, as
determined by a physician | 17 |
| licensed to practice medicine in all its branches;
| 18 |
| (c) the estimated amount which would be expended | 19 |
| for care outside the
institution is not greater than | 20 |
| the estimated amount which would be
expended in an | 21 |
| institution.
| 22 |
| 8. Persons who become ineligible for basic maintenance | 23 |
| assistance
under Article IV of this Code in programs | 24 |
| administered by the Illinois
Department due to employment | 25 |
| earnings and persons in
assistance units comprised of | 26 |
| adults and children who become ineligible for
basic |
|
|
|
SB1415 Enrolled |
- 11 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| maintenance assistance under Article VI of this Code due to
| 2 |
| employment earnings. The plan for coverage for this class | 3 |
| of persons shall:
| 4 |
| (a) extend the medical assistance coverage for up | 5 |
| to 12 months following
termination of basic | 6 |
| maintenance assistance; and
| 7 |
| (b) offer persons who have initially received 6 | 8 |
| months of the
coverage provided in paragraph (a) above, | 9 |
| the option of receiving an
additional 6 months of | 10 |
| coverage, subject to the following:
| 11 |
| (i) such coverage shall be pursuant to | 12 |
| provisions of the federal
Social Security Act;
| 13 |
| (ii) such coverage shall include all services | 14 |
| covered while the person
was eligible for basic | 15 |
| maintenance assistance;
| 16 |
| (iii) no premium shall be charged for such | 17 |
| coverage; and
| 18 |
| (iv) such coverage shall be suspended in the | 19 |
| event of a person's
failure without good cause to | 20 |
| file in a timely fashion reports required for
this | 21 |
| coverage under the Social Security Act and | 22 |
| coverage shall be reinstated
upon the filing of | 23 |
| such reports if the person remains otherwise | 24 |
| eligible.
| 25 |
| 9. Persons with acquired immunodeficiency syndrome | 26 |
| (AIDS) or with
AIDS-related conditions with respect to whom |
|
|
|
SB1415 Enrolled |
- 12 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| there has been a determination
that but for home or | 2 |
| community-based services such individuals would
require | 3 |
| the level of care provided in an inpatient hospital, | 4 |
| skilled
nursing facility or intermediate care facility the | 5 |
| cost of which is
reimbursed under this Article. Assistance | 6 |
| shall be provided to such
persons to the maximum extent | 7 |
| permitted under Title
XIX of the Federal Social Security | 8 |
| Act.
| 9 |
| 10. Participants in the long-term care insurance | 10 |
| partnership program
established under the Illinois | 11 |
| Long-Term Care Partnership Program Act Partnership for | 12 |
| Long-Term Care Act who meet the
qualifications for | 13 |
| protection of resources described in Section 15 25 of that
| 14 |
| Act.
| 15 |
| 11. Persons with disabilities who are employed and | 16 |
| eligible for Medicaid,
pursuant to Section | 17 |
| 1902(a)(10)(A)(ii)(xv) of the Social Security Act, as
| 18 |
| provided by the Illinois Department by rule. In | 19 |
| establishing eligibility standards under this paragraph | 20 |
| 11, the Department shall, subject to federal approval: | 21 |
| (a) set the income eligibility standard at not | 22 |
| lower than 350% of the federal poverty level; | 23 |
| (b) exempt retirement accounts that the person | 24 |
| cannot access without penalty before the age
of 59 1/2, | 25 |
| and medical savings accounts established pursuant to | 26 |
| 26 U.S.C. 220; |
|
|
|
SB1415 Enrolled |
- 13 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| (c) allow non-exempt assets up to $25,000 as to | 2 |
| those assets accumulated during periods of eligibility | 3 |
| under this paragraph 11; and
| 4 |
| (d) continue to apply subparagraphs (b) and (c) in | 5 |
| determining the eligibility of the person under this | 6 |
| Article even if the person loses eligibility under this | 7 |
| paragraph 11.
| 8 |
| 12. Subject to federal approval, persons who are | 9 |
| eligible for medical
assistance coverage under applicable | 10 |
| provisions of the federal Social Security
Act and the | 11 |
| federal Breast and Cervical Cancer Prevention and | 12 |
| Treatment Act of
2000. Those eligible persons are defined | 13 |
| to include, but not be limited to,
the following persons:
| 14 |
| (1) persons who have been screened for breast or | 15 |
| cervical cancer under
the U.S. Centers for Disease | 16 |
| Control and Prevention Breast and Cervical Cancer
| 17 |
| Program established under Title XV of the federal | 18 |
| Public Health Services Act in
accordance with the | 19 |
| requirements of Section 1504 of that Act as | 20 |
| administered by
the Illinois Department of Public | 21 |
| Health; and
| 22 |
| (2) persons whose screenings under the above | 23 |
| program were funded in whole
or in part by funds | 24 |
| appropriated to the Illinois Department of Public | 25 |
| Health
for breast or cervical cancer screening.
| 26 |
| "Medical assistance" under this paragraph 12 shall be |
|
|
|
SB1415 Enrolled |
- 14 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| identical to the benefits
provided under the State's | 2 |
| approved plan under Title XIX of the Social Security
Act. | 3 |
| The Department must request federal approval of the | 4 |
| coverage under this
paragraph 12 within 30 days after the | 5 |
| effective date of this amendatory Act of
the 92nd General | 6 |
| Assembly.
| 7 |
| 13. Subject to appropriation and to federal approval, | 8 |
| persons living with HIV/AIDS who are not otherwise eligible | 9 |
| under this Article and who qualify for services covered | 10 |
| under Section 5-5.04 as provided by the Illinois Department | 11 |
| by rule.
| 12 |
| 14. Subject to the availability of funds for this | 13 |
| purpose, the Department may provide coverage under this | 14 |
| Article to persons who reside in Illinois who are not | 15 |
| eligible under any of the preceding paragraphs and who meet | 16 |
| the income guidelines of paragraph 2(a) of this Section and | 17 |
| (i) have an application for asylum pending before the | 18 |
| federal Department of Homeland Security or on appeal before | 19 |
| a court of competent jurisdiction and are represented | 20 |
| either by counsel or by an advocate accredited by the | 21 |
| federal Department of Homeland Security and employed by a | 22 |
| not-for-profit organization in regard to that application | 23 |
| or appeal, or (ii) are receiving services through a | 24 |
| federally funded torture treatment center. Medical | 25 |
| coverage under this paragraph 14 may be provided for up to | 26 |
| 24 continuous months from the initial eligibility date so |
|
|
|
SB1415 Enrolled |
- 15 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| long as an individual continues to satisfy the criteria of | 2 |
| this paragraph 14. If an individual has an appeal pending | 3 |
| regarding an application for asylum before the Department | 4 |
| of Homeland Security, eligibility under this paragraph 14 | 5 |
| may be extended until a final decision is rendered on the | 6 |
| appeal. The Department may adopt rules governing the | 7 |
| implementation of this paragraph 14.
| 8 |
| 15. Family Care Eligibility. | 9 |
| (a) A caretaker relative who is 19 years of age or | 10 |
| older when countable income is at or below 185% of the | 11 |
| Federal Poverty Level Guidelines, as published | 12 |
| annually in the Federal Register, for the appropriate | 13 |
| family size. A person may not spend down to become | 14 |
| eligible under this paragraph 15. | 15 |
| (b) Eligibility shall be reviewed annually. | 16 |
| (c) Caretaker relatives enrolled under this | 17 |
| paragraph 15 in families with countable income above | 18 |
| 150% and at or below 185% of the Federal Poverty Level | 19 |
| Guidelines shall be counted as family members and pay | 20 |
| premiums as established under the Children's Health | 21 |
| Insurance Program Act. | 22 |
| (d) Premiums shall be billed by and payable to the | 23 |
| Department or its authorized agent, on a monthly basis. | 24 |
| (e) The premium due date is the last day of the | 25 |
| month preceding the month of coverage. | 26 |
| (f) Individuals shall have a grace period through |
|
|
|
SB1415 Enrolled |
- 16 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| the month of coverage to pay the premium. | 2 |
| (g) Failure to pay the full monthly premium by the | 3 |
| last day of the grace period shall result in | 4 |
| termination of coverage. | 5 |
| (h) Partial premium payments shall not be | 6 |
| refunded. | 7 |
| (i) Following termination of an individual's | 8 |
| coverage under this paragraph 15, the following action | 9 |
| is required before the individual can be re-enrolled: | 10 |
| (1) A new application must be completed and the | 11 |
| individual must be determined otherwise eligible. | 12 |
| (2) There must be full payment of premiums due | 13 |
| under this Code, the Children's Health Insurance | 14 |
| Program Act, the Covering ALL KIDS Health | 15 |
| Insurance Act, or any other healthcare program | 16 |
| administered by the Department for periods in | 17 |
| which a premium was owed and not paid for the | 18 |
| individual. | 19 |
| (3) The first month's premium must be paid if | 20 |
| there was an unpaid premium on the date the | 21 |
| individual's previous coverage was canceled. | 22 |
| The Department is authorized to implement the | 23 |
| provisions of this amendatory Act of the 95th General | 24 |
| Assembly by adopting the medical assistance rules in effect | 25 |
| as of October 1, 2007, at 89 Ill. Admin. Code 125, along | 26 |
| with only those changes necessary to conform to federal |
|
|
|
SB1415 Enrolled |
- 17 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| Medicaid requirements. The Department may not otherwise | 2 |
| adopt any rule to implement this increase except as | 3 |
| authorized by law, to meet the eligibility standards | 4 |
| authorized by the federal government in the Medicaid State | 5 |
| Plan or the Title XXI Plan, or to meet an order from the | 6 |
| federal government or any court. | 7 |
| The Illinois Department and the Governor shall provide a | 8 |
| plan for
coverage of the persons eligible under paragraph 7 as | 9 |
| soon as possible after
July 1, 1984.
| 10 |
| The eligibility of any such person for medical assistance | 11 |
| under this
Article is not affected by the payment of any grant | 12 |
| under the Senior
Citizens and Disabled Persons Property Tax | 13 |
| Relief and Pharmaceutical
Assistance Act or any distributions | 14 |
| or items of income described under
subparagraph (X) of
| 15 |
| paragraph (2) of subsection (a) of Section 203 of the Illinois | 16 |
| Income Tax
Act. The Department shall by rule establish the | 17 |
| amounts of
assets to be disregarded in determining eligibility | 18 |
| for medical assistance,
which shall at a minimum equal the | 19 |
| amounts to be disregarded under the
Federal Supplemental | 20 |
| Security Income Program. The amount of assets of a
single | 21 |
| person to be disregarded
shall not be less than $2,000, and the | 22 |
| amount of assets of a married couple
to be disregarded shall | 23 |
| not be less than $3,000.
| 24 |
| To the extent permitted under federal law, any person found | 25 |
| guilty of a
second violation of Article VIIIA
shall be | 26 |
| ineligible for medical assistance under this Article, as |
|
|
|
SB1415 Enrolled |
- 18 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| provided
in Section 8A-8.
| 2 |
| The eligibility of any person for medical assistance under | 3 |
| this Article
shall not be affected by the receipt by the person | 4 |
| of donations or benefits
from fundraisers held for the person | 5 |
| in cases of serious illness,
as long as neither the person nor | 6 |
| members of the person's family
have actual control over the | 7 |
| donations or benefits or the disbursement
of the donations or | 8 |
| benefits.
| 9 |
| (Source: P.A. 94-629, eff. 1-1-06; 94-1043, eff. 7-24-06; | 10 |
| 95-546, eff. 8-29-07; revised 1-22-08.)
| 11 |
| (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
| 12 |
| Sec. 12-4.11. Grant amounts. The Department,
with due | 13 |
| regard for and subject to budgetary limitations, shall | 14 |
| establish
grant amounts for each of the programs, by | 15 |
| regulation. The grant amounts may
vary by program, size of | 16 |
| assistance unit and geographic area.
| 17 |
| Aid payments shall not be reduced except: (1) for changes | 18 |
| in the cost of
items included in the grant amounts, or (2) for | 19 |
| changes in the expenses of the
recipient, or (3) for changes in | 20 |
| the income or resources available to the
recipient, or (4) for | 21 |
| changes in grants resulting from adoption of a
consolidated | 22 |
| grant amount.
| 23 |
| Subject to appropriation, beginning on July 1, 2008, the | 24 |
| Department of Human Services shall increase TANF grant amounts | 25 |
| in effect on June 30, 2008 by 15%. The Department is authorized |
|
|
|
SB1415 Enrolled |
- 19 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| to administer this increase but may not otherwise adopt any | 2 |
| rule to implement this increase. | 3 |
| In fixing standards to govern payments or reimbursements | 4 |
| for funeral
and burial expenses, the Department shall establish | 5 |
| a minimum allowable
amount of
not less than
$1,000 for | 6 |
| Department payment of funeral services and not less than $500 | 7 |
| for
Department payment of burial or cremation services. On | 8 |
| January 1, 2006, July 1, 2006, and July 1, 2007, the Department | 9 |
| shall increase the minimum reimbursement amount for funeral and | 10 |
| burial expenses under this Section by a percentage equal to the | 11 |
| percentage increase in the Consumer Price Index for All Urban | 12 |
| Consumers, if any, during the 12 months immediately preceding | 13 |
| that January 1 or July 1. In establishing the minimum
allowable
| 14 |
| amount, the Department shall take into account the services
| 15 |
| essential to a dignified, low-cost (i) funeral and (ii) burial | 16 |
| or
cremation, including reasonable
amounts that may be | 17 |
| necessary for
burial space and cemetery charges, and any | 18 |
| applicable taxes or other
required governmental fees or | 19 |
| charges. If no
person has agreed to pay the total cost of the | 20 |
| (i) funeral and
(ii) burial or cremation
charges, the | 21 |
| Department shall pay the vendor the actual costs of the (i)
| 22 |
| funeral
and
(ii) burial or cremation, or the minimum allowable | 23 |
| amount for each service as
established by
the Department, | 24 |
| whichever is less, provided that the Department reduces its
| 25 |
| payments by
the amount available from the following sources: | 26 |
| the decedent's assets
and
available resources and the |
|
|
|
SB1415 Enrolled |
- 20 - |
LRB095 11023 DRJ 31338 b |
|
| 1 |
| anticipated amounts of any death benefits available
to the
| 2 |
| decedent's estate, and amounts paid and arranged to be paid by | 3 |
| the
decedent's legally
responsible relatives. A legally | 4 |
| responsible relative is expected to pay
(i) funeral and (ii) | 5 |
| burial
or cremation expenses unless financially unable to do | 6 |
| so.
| 7 |
| Nothing contained in this Section or in any other Section | 8 |
| of this
Code shall be construed to prohibit the Illinois | 9 |
| Department (1) from
consolidating existing standards on the | 10 |
| basis of any standards which are
or were in effect on, or | 11 |
| subsequent to July 1, 1969, or (2) from
employing any | 12 |
| consolidated standards in determining need for public
aid and | 13 |
| the amount of money payment or grant for individual recipients
| 14 |
| or recipient families.
| 15 |
| (Source: P.A. 94-669, eff. 8-23-05.)
| 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
|
|