State of Illinois
92nd General Assembly
Legislation

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92_SB2305

 
                                               LRB9215820JStm

 1        AN ACT concerning children's health.

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

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

 6        (215 ILCS 106/20)
 7        (Section scheduled to be repealed on July 1, 2002)
 8        Sec. 20.  Eligibility.
 9        (a)  To  be eligible for this Program, a person must be a
10    person who has a child eligible under this  Act  and  who  is
11    eligible  under  a waiver of federal requirements pursuant to
12    an application made pursuant to subdivision (a)(1) of Section
13    40 of this Act or who is a child who is:
14             (1)  is a child who  is  not  eligible  for  medical
15        assistance;
16             (2)  is  a  child  whose annual household income, as
17        determined by  the  Department,  is  above  133%  of  the
18        federal poverty level and at or below 185% of the federal
19        poverty level;
20             (3)  is a resident of the State of Illinois; and
21             (4)  is  a  child  who  is  either  a  United States
22        citizen or included in one of the following categories of
23        non-citizens:
24                  (A)  unmarried dependent children of  either  a
25             United  States  Veteran  honorably  discharged  or a
26             person on active military duty;
27                  (B)  refugees  under   Section   207   of   the
28             Immigration and Nationality Act;
29                  (C)  asylees   under   Section   208   of   the
30             Immigration and Nationality Act;
31                  (D)  persons  for  whom  deportation  has  been
 
                            -2-                LRB9215820JStm
 1             withheld  under  Section  243(h)  of the Immigration
 2             and Nationality Act;
 3                  (E)  persons granted  conditional  entry  under
 4             Section 203(a)(7) of the Immigration and Nationality
 5             Act as in effect prior to April 1, 1980;
 6                  (F)  persons  lawfully  admitted  for permanent
 7             residence under the Immigration and Nationality Act;
 8             and
 9                  (G)  parolees, for at  least  one  year,  under
10             Section 212(d)(5) of the Immigration and Nationality
11             Act.
12        Those  children  who  are  in the categories set forth in
13    subdivisions (4)(F) and (4)(G) of this subsection, who  enter
14    the  United  States on or after August 22, 1996, shall not be
15    eligible for 5 years beginning on the date the child  entered
16    the United States.
17        (b)  A  child  who  is  determined  to  be  eligible  for
18    assistance  shall remain eligible for 12 months, provided the
19    child maintains his or her residence in the  State,  has  not
20    yet attained 19 years of age, and is not excluded pursuant to
21    subsection  (c).   Eligibility  shall be re-determined by the
22    Department at least annually.
23        (c)  A child shall not be  eligible  for  coverage  under
24    this Program if:
25             (1)  the  premium required pursuant to Section 30 of
26        this Act has not been paid.  If the required premiums are
27        not paid the liability of the Program shall be limited to
28        benefits incurred under the Program for the  time  period
29        for  which  premiums  had  been  paid.   If  the required
30        monthly  premium  is  not  paid,  the  child   shall   be
31        ineligible  for  re-enrollment  for a minimum period of 3
32        months.  Re-enrollment shall be completed  prior  to  the
33        next covered medical visit and the first month's required
34        premium  shall  be  paid  in  advance of the next covered
 
                            -3-                LRB9215820JStm
 1        medical visit.  The  Department  shall  promulgate  rules
 2        regarding grace periods, notice requirements, and hearing
 3        procedures pursuant to this subsection;
 4             (2)  the  child is an inmate of a public institution
 5        or a patient in an institution for mental diseases; or
 6             (3)  the child is a  member  of  a  family  that  is
 7        eligible  for  health benefits covered under the State of
 8        Illinois health benefits plan on the basis of a  member's
 9        employment with a public agency.
10    (Source: P.A. 90-736, eff. 8-12-98.)

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