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91_HB0462ham001
LRB9101665SMdvam01
1 AMENDMENT TO HOUSE BILL 462
2 AMENDMENT NO. . Amend House Bill 462 by replacing
3 the title with the following:
4 "AN ACT regarding person with disabilities, amending
5 named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Mental Health and Developmental
9 Disabilities Administrative Act is amended by changing
10 Section 57 as follows:
11 (20 ILCS 1705/57) (from Ch. 91 1/2, par. 100-57)
12 Sec. 57. In order to identify the service needs of
13 persons with autism, the Department shall study the needs of
14 the population. The Department shall submit service needs
15 reports to the General Assembly annually which shall
16 supplement the report submitted in accordance with Public Act
17 84-1291. The reports shall include an analysis of progress
18 made since the submission of that report in the areas
19 outlined in that report, with emphasis on the following
20 areas:
21 a. Early intervention services for children with autism
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1 and their parents;
2 b. Enhancement of family support mechanisms to enable
3 persons with autism to remain in a family home environment.
4 The Department shall include in the report a plan to provide
5 family support mechanisms to enable persons with autism to
6 remain in a family home environment;
7 c. Services for adequate transition for people with
8 autism from public school programs to adult work and day
9 programs; and
10 d. Facilitation of placement of persons with autism in
11 the least restrictive community setting.
12 For the purpose of this service needs review, autism
13 means a severely incapacitating life-long developmental
14 disability which:
15 a. may be manifested before a person is 30 months of
16 age,
17 b. may be caused by physical disorders of the brain, and
18 c. is characterized by uneven intellectual development
19 and a combination of disturbances in the rates and sequences
20 of cognitive, affective, psychomotor, language and speech
21 development. This syndrome is further evidenced by abnormal
22 responses to sensory stimuli, problems in developing social
23 relationships, and ritualistic and compulsive behavior.
24 (Source: P.A. 85-971.)
25 Section 10. The Illinois Public Aid Code is amended by
26 changing Section 5-2 as follows:
27 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
28 Sec. 5-2. Classes of Persons Eligible. Medical
29 assistance under this Article shall be available to any of
30 the following classes of persons in respect to whom a plan
31 for coverage has been submitted to the Governor by the
32 Illinois Department and approved by him:
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1 1. Recipients of basic maintenance grants under Articles
2 III and IV.
3 2. Persons otherwise eligible for basic maintenance
4 under Articles III and IV but who fail to qualify thereunder
5 on the basis of need, and who have insufficient income and
6 resources to meet the costs of necessary medical care,
7 including but not limited to, all persons who would be
8 determined eligible for such basic maintenance under Article
9 IV by disregarding the maximum earned income permitted by
10 federal law.
11 3. Persons who would otherwise qualify for Aid to the
12 Medically Indigent under Article VII.
13 4. Persons not eligible under any of the preceding
14 paragraphs who fall sick, are injured, or die, not having
15 sufficient money, property or other resources to meet the
16 costs of necessary medical care or funeral and burial
17 expenses.
18 5. (a) Women during pregnancy, after the fact of
19 pregnancy has been determined by medical diagnosis, and
20 during the 60-day period beginning on the last day of the
21 pregnancy, together with their infants and children born
22 after September 30, 1983, whose income and resources are
23 insufficient to meet the costs of necessary medical care
24 to the maximum extent possible under Title XIX of the
25 Federal Social Security Act.
26 (b) The Illinois Department and the Governor shall
27 provide a plan for coverage of the persons eligible under
28 paragraph 5(a) by April 1, 1990. Such plan shall provide
29 ambulatory prenatal care to pregnant women during a
30 presumptive eligibility period and establish an income
31 eligibility standard that is equal to 133% of the nonfarm
32 income official poverty line, as defined by the federal
33 Office of Management and Budget and revised annually in
34 accordance with Section 673(2) of the Omnibus Budget
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1 Reconciliation Act of 1981, applicable to families of the
2 same size, provided that costs incurred for medical care
3 are not taken into account in determining such income
4 eligibility.
5 (c) The Illinois Department may conduct a
6 demonstration in at least one county that will provide
7 medical assistance to pregnant women, together with their
8 infants and children up to one year of age, where the
9 income eligibility standard is set up to 185% of the
10 nonfarm income official poverty line, as defined by the
11 federal Office of Management and Budget. The Illinois
12 Department shall seek and obtain necessary authorization
13 provided under federal law to implement such a
14 demonstration. Such demonstration may establish resource
15 standards that are not more restrictive than those
16 established under Article IV of this Code.
17 6. Persons under the age of 18 who fail to qualify as
18 dependent under Article IV and who have insufficient income
19 and resources to meet the costs of necessary medical care to
20 the maximum extent permitted under Title XIX of the Federal
21 Social Security Act.
22 7. Persons who are 18 years of age or younger and would
23 qualify as disabled as defined under the Federal Supplemental
24 Security Income Program, provided medical service for such
25 persons would be eligible for Federal Financial
26 Participation, and provided the Illinois Department
27 determines that:
28 (a) the person requires a level of care provided by
29 a hospital, skilled nursing facility, or intermediate
30 care facility, as determined by a physician licensed to
31 practice medicine in all its branches;
32 (b) it is appropriate to provide such care outside
33 of an institution, as determined by a physician licensed
34 to practice medicine in all its branches;
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1 (c) the estimated amount which would be expended
2 for care outside the institution is not greater than the
3 estimated amount which would be expended in an
4 institution.
5 8. Persons who become ineligible for basic maintenance
6 assistance under Article IV of this Code in programs
7 administered by the Illinois Department due to employment
8 earnings and persons in assistance units comprised of adults
9 and children who become ineligible for basic maintenance
10 assistance under Article VI of this Code due to employment
11 earnings. The plan for coverage for this class of persons
12 shall:
13 (a) extend the medical assistance coverage for up
14 to 12 months following termination of basic maintenance
15 assistance; and
16 (b) offer persons who have initially received 6
17 months of the coverage provided in paragraph (a) above,
18 the option of receiving an additional 6 months of
19 coverage, subject to the following:
20 (i) such coverage shall be pursuant to
21 provisions of the federal Social Security Act;
22 (ii) such coverage shall include all services
23 covered while the person was eligible for basic
24 maintenance assistance;
25 (iii) no premium shall be charged for such
26 coverage; and
27 (iv) such coverage shall be suspended in the
28 event of a person's failure without good cause to
29 file in a timely fashion reports required for this
30 coverage under the Social Security Act and coverage
31 shall be reinstated upon the filing of such reports
32 if the person remains otherwise eligible.
33 9. Persons with acquired immunodeficiency syndrome
34 (AIDS) or with AIDS-related conditions with respect to whom
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1 there has been a determination that but for home or
2 community-based services such individuals would require the
3 level of care provided in an inpatient hospital, skilled
4 nursing facility or intermediate care facility the cost of
5 which is reimbursed under this Article. Assistance shall be
6 provided to such persons to the maximum extent permitted
7 under Title XIX of the Federal Social Security Act.
8 10. Participants in the long-term care insurance
9 partnership program established under the Partnership for
10 Long-Term Care Act who meet the qualifications for protection
11 of resources described in Section 25 of that Act.
12 11. Persons who are older than 18 years of age and have
13 been receiving benefits under paragraph 7 of this Section
14 shall remain eligible for continued benefits at the same
15 level of care, provided that a physician, licensed to
16 practice medicine in all its branches, annually determines
17 that the person requires the level of care provided by a
18 hospital, skilled nursing facility, or intermediate care
19 facility. Continued benefits shall not be dependent on the
20 person meeting eligibility requirements for federal financial
21 participation.
22 The Illinois Department and the Governor shall provide a
23 plan for coverage of the persons eligible under paragraph 7
24 as soon as possible after July 1, 1984.
25 The eligibility of any such person for medical assistance
26 under this Article is not affected by the payment of any
27 grant under the Senior Citizens and Disabled Persons Property
28 Tax Relief and Pharmaceutical Assistance Act. The Department
29 shall by rule establish the amounts of assets to be
30 disregarded in determining eligibility for medical
31 assistance, which shall at a minimum equal the amounts to be
32 disregarded under the Federal Supplemental Security Income
33 Program. The amount of assets of a single person to be
34 disregarded shall not be less than $2,000, and the amount of
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1 assets of a married couple to be disregarded shall not be
2 less than $3,000.
3 To the extent permitted under federal law, any person
4 found guilty of a second violation of Article VIIIA shall be
5 ineligible for medical assistance under this Article, as
6 provided in Section 8A-8.
7 The eligibility of any person for medical assistance
8 under this Article shall not be affected by the receipt by
9 the person of donations or benefits from fundraisers held for
10 the person in cases of serious illness, as long as neither
11 the person nor members of the person's family have actual
12 control over the donations or benefits or the disbursement of
13 the donations or benefits.
14 (Source: P.A. 89-525, eff. 7-19-96.)".