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90_HB1279enr
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
HB1279 Enrolled 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 a Home and Community-Based
15 Services TBI Waiver request to the United States Health Care
16 Financing Administration by January 1, 1998. The 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. If a waiver request has not been
HB1279 Enrolled -2- LRB9003718SMdv
1 submitted by January 1, 1998 the Department shall submit the
2 TBI Prototype Waiver request to the United States Health Care
3 Financing Administration.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.