Illinois General Assembly - Illinois Compiled Statutes

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45 ILCS 17/5-35

(45 ILCS 17/5-35)

Sec. 5-35. Medical assistance.

(a) A child with special needs who resides in this State and who is the
subject
of an adoption assistance agreement with another state shall be eligible for
medical assistance from this State under Article V of
the Illinois Public Aid Code upon the filing of agreed documentation obtained
from the assistance state and filed with the Department of Healthcare and Family Services.
The Department of Children and Family Services
shall be required at least annually to establish that the agreement
is still in force or has been renewed.

(b) If a child (i) is in another state, (ii) is covered by an adoption
assistance agreement made by the Illinois Department of Children and Family
Services, and (iii) was eligible for medical assistance under Article V of the
Illinois Public Aid Code at the time the child resided in this State and would
continue to be eligible for that
assistance if the child was currently residing in this State, then that child
is eligible for medical assistance under Article V of the Illinois Public Aid
Code, but only for those medical assistance benefits under Article V that are
not provided by the other state.
There
shall be no
payment or reimbursement by this State for
services or benefits covered under any insurance or other third party
medical contract or arrangement held by the child or the adoptive parents.

(c) The submission of any claim for payment or reimbursement for services or
benefits pursuant to this Section or the making of any statement in connection
therewith, which claim or statement the maker knows or should know to be false,
misleading, or fraudulent, shall be punishable as perjury and shall also be
subject to a fine not to exceed $10,000 or imprisonment for not to exceed 2
years, or both.

(d) The provisions of this Section shall apply only to medical assistance
for children under adoption assistance agreements from states that have entered
into a compact with this State under which the other state provided medical
assistance to children with special needs under adoption assistance agreements
made by this State.

(e) The Illinois Department of Children and Family Services and the Department of Healthcare and Family Services may adopt all rules necessary to implement this
Section.

(Source: P.A. 103-22, eff. 8-8-23.)