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Public Act 096-0872 |
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AN ACT concerning public aid.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Public Aid Code is amended by | ||||
adding Section 1-8.5 as follows: | ||||
(305 ILCS 5/1-8.5 new) | ||||
Sec. 1-8.5. Eligibility for medical assistance during | ||||
periods of incarceration or detention. | ||||
(a) To the extent permitted by federal law and | ||||
notwithstanding any other provision of this Code, the | ||||
Department of Healthcare and Family Services shall not cancel a | ||||
person's eligibility for medical assistance solely because | ||||
that person has become an inmate of a public institution, | ||||
including, but not limited to, a county jail, juvenile | ||||
detention center, or State correctional facility. The person | ||||
may remain enrolled for medical assistance as long as all other | ||||
eligibility criteria are met. | ||||
(b) The Department may adopt rules to permit a person to | ||||
apply for medical assistance while he or she is an inmate of a | ||||
public institution as described in subsection (a). The rules | ||||
may limit applications to persons who would be likely to | ||||
qualify for medical assistance if they resided in the | ||||
community. Any such person who is not already enrolled for |
medical assistance may apply for medical assistance no more | ||
than 30 days prior to the date of scheduled release or | ||
discharge from a penal institution or county jail or similar | ||
status. | ||
(c) Except as provided under Section 17 of the County Jail | ||
Act, the Department shall not be responsible to provide medical | ||
assistance under this Code for any medical care, services, or | ||
supplies provided to a person while he or she is an inmate of a | ||
public institution as described in subsection (a). The | ||
responsibility for providing medical care shall remain as | ||
otherwise provided by law with the Department of Corrections, | ||
county, or other arresting authority. The Department may seek | ||
federal financial participation, to the extent that it is | ||
available and with the cooperation of the Department of | ||
Juvenile Justice, the Department of Corrections, or the | ||
relevant county, for the costs of those services. | ||
(d) To the extent permitted under State and federal law, | ||
the Department shall develop procedures to expedite required | ||
periodic reviews of continued eligibility for persons | ||
described in subsection (a). | ||
(e) Counties, the Department of Juvenile Justice, the | ||
Department of Human Services, and the Department of Corrections | ||
shall cooperate with the Department in administering this | ||
Section. That cooperation shall include managing eligibility | ||
processing and sharing information sufficient to inform the | ||
Department, in a manner established by the Department, that a |
person enrolled in the medical assistance program has been | ||
detained or incarcerated. | ||
(f) The Department shall resume responsibility for | ||
providing medical assistance upon release of the person to the | ||
community as long as all of the following apply: | ||
(1) The person is enrolled for medical assistance at | ||
the time of release. | ||
(2) Neither a county, the Department of Juvenile | ||
Justice, the Department of Corrections, nor any other | ||
criminal justice authority continues to bear | ||
responsibility for the person's medical care. | ||
(3) The county, the Department of Juvenile Justice, or | ||
the Department of Corrections provides timely notice of the | ||
date of release in a manner established by the Department. | ||
(g) This Section applies on and after December 31, 2011. |