State of Illinois
91st General Assembly
Legislation

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91_HB3585

 
                                               LRB9110888JSpc

 1        AN  ACT  to amend the Children's Health Insurance Program
 2    Act by changing Section 20.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The Children's Health Insurance Program Act
 6    is amended by changing Section 20 as follows:

 7        (215 ILCS 106/20)
 8        (Section scheduled to be repealed on June 30, 2001)
 9        Sec. 20.  Eligibility for the Program.
10        (a)  To be eligible for this Program, a person must be  a
11    person  who  has  a  child eligible under this Act and who is
12    eligible under a waiver of federal requirements  pursuant  to
13    an application made pursuant to subdivision (a)(1) of Section
14    40 of this Act or who is a child who:
15             (1)  is  a  child  who  is  not eligible for medical
16        assistance;
17             (2)  is a child whose annual  household  income,  as
18        determined  by  the  Department,  is  above  133%  of the
19        federal poverty level and at or below 185% of the federal
20        poverty level;
21             (3)  is a  resident of the State of Illinois; and
22             (4)  is a  child  who  is  either  a  United  States
23        citizen or included in one of the following categories of
24        non-citizens:
25                  (A)  unmarried  dependent  children of either a
26             United States  Veteran  honorably  discharged  or  a
27             person on active military duty;
28                  (B)  refugees   under   Section   207   of  the
29             Immigration and Nationality Act;
30                  (C)  asylees   under   Section   208   of   the
31             Immigration and Nationality Act;
 
                            -2-                LRB9110888JSpc
 1                  (D)  persons  for  whom  deportation  has  been
 2             withheld under Section  243(h)  of  the  Immigration
 3             and Nationality Act;
 4                  (E)  persons  granted  conditional  entry under
 5             Section 203(a)(7) of the Immigration and Nationality
 6             Act as in effect prior to April 1, 1980;
 7                  (F)  persons lawfully  admitted  for  permanent
 8             residence under the Immigration and Nationality Act;
 9             and
10                  (G)  parolees,  for  at  least  one year, under
11             Section 212(d)(5) of the Immigration and Nationality
12             Act.
13        Those children who are in the  categories  set  forth  in
14    subdivisions  (4)(F) and (4)(G) of this subsection, who enter
15    the United States on or after August 22, 1996, shall  not  be
16    eligible  for 5 years beginning on the date the child entered
17    the United States.
18        (b)  A  child  who  is  determined  to  be  eligible  for
19    assistance shall remain eligible for 12 months, provided  the
20    child  maintains  his  or her residence in the State, has not
21    yet attained 19 years of age, and is not excluded pursuant to
22    subsection (c).  Eligibility shall be  re-determined  by  the
23    Department at least annually.
24        (c)  A  child  shall  not  be eligible for coverage under
25    this Program if:
26             (1)  the premium required pursuant to Section 30  of
27        this Act has not been paid.  If the required premiums are
28        not paid the liability of the Program shall be limited to
29        benefits  incurred  under the Program for the time period
30        for which  premiums  had  been  paid.   If  the  required
31        monthly   premium   is  not  paid,  the  child  shall  be
32        ineligible for re-enrollment for a minimum  period  of  3
33        months.   Re-enrollment  shall  be completed prior to the
34        next covered medical visit and the first month's required
 
                            -3-                LRB9110888JSpc
 1        premium shall be paid in  advance  of  the  next  covered
 2        medical  visit.   The  Department  shall promulgate rules
 3        regarding grace periods, notice requirements, and hearing
 4        procedures pursuant to this subsection;
 5             (2)  the child is an inmate of a public  institution
 6        or a patient in an institution for mental diseases; or
 7             (3)  the  child  is  a  member  of  a family that is
 8        eligible for health benefits covered under the  State  of
 9        Illinois  health benefits plan on the basis of a member's
10        employment with a public agency.
11    (Source: P.A. 90-736, eff. 8-12-98.)

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