State of Illinois
90th General Assembly
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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

90_HB1279

      305 ILCS 5/5-5c new
          Amends the Medical Assistance  Article  of  the  Illinois
      Public  Aid Code.  Provides that the Department of Public Aid
      shall apply for a waiver from  the United States Health  Care
      Financing  Administration  to  allow  payment  for  home  and
      community-based  services  under  this  Article for traumatic
      brain injury (TBI) patients, using the  "Home  and  Community
      Based Services TBI Prototype Waiver" request form.  Effective
      immediately.
                                                     LRB9003718SMdv
                                               LRB9003718SMdv
 1        AN  ACT  to  amend the Illinois Public Aid Code by adding
 2    Section 5-5c.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois Public Aid Code is amended by
 6    adding Section 5-5c as follows:
 7        (305 ILCS 5/5-5c new)
 8        Sec.  5-5c.  Waiver for home and community-based services
 9    for traumatic brain injury (TBI)  patients.   The  Department
10    shall  apply for a waiver from the  United States Health Care
11    Financing  Administration  to  allow  payment  for  home  and
12    community-based services under  this  Article  for  traumatic
13    brain injury patients.
14        The Department shall submit the "Home and Community-Based
15    Services  TBI  Prototype Waiver" request to the United States
16    Health Care Financing  Administration.   The  3  year  waiver
17    shall  be requested pursuant to Section 1915(c) of the Social
18    Security Act.  The  Department  shall  request  a  waiver  of
19    Section 1902(a)(10)(B) of the Social Security Act in order to
20    target  home and community-based services to individuals with
21    a traumatic brain injury  meeting  the  Medicaid  eligibility
22    criteria  set  forth  in  appendices  to the Prototype Waiver
23    request.
24        Under the waiver, the  Department,  in  cooperation  with
25    the Department of  Human  Services  and  any  other  relevant
26    State,  local,  or federal government agency, may establish a
27    nursing facility pre-screening program to  determine  whether
28    an  applicant  who  is  eligible for medical assistance under
29    this Article and has a traumatic brain injury  may  use  home
30    and  community-based  services  as  a  reasonable, lower-cost
31    alternative form of care.
                            -2-                LRB9003718SMdv
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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