Public Act 90-0335 of the 90th General Assembly

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Public Act 90-0335

HB1279 Enrolled                                LRB9003718SMdv

    AN ACT to amend the Illinois Public Aid  Code  by  adding
Section 5-5c.

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

    Section 5.  The Illinois Public Aid Code  is  amended  by
adding Section 5-5c as follows:

    (305 ILCS 5/5-5c new)
    Sec.  5-5c.  Waiver for home and community-based services
for  traumatic  brain  injury (TBI) patients.  The Department
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 patients.
    The Department shall submit a  Home  and  Community-Based
Services  TBI Waiver request to the United States Health Care
Financing Administration by  January  1,  1998.   The  waiver
shall  be requested pursuant to Section 1915(c) of the Social
Security Act.  The  Department  shall  request  a  waiver  of
Section 1902(a)(10)(B) of the Social Security Act in order to
target  home and community-based services to individuals with
a traumatic brain injury  meeting  the  Medicaid  eligibility
criteria  set  forth  in  appendices  to the Prototype Waiver
request.
    Under the waiver, the  Department,  in  cooperation  with
the Department of  Human  Services  and  any  other  relevant
State,  local,  or federal government agency, may establish a
nursing facility pre-screening program to  determine  whether
an  applicant  who  is  eligible for medical assistance under
this Article and has a traumatic brain injury  may  use  home
and  community-based  services  as  a  reasonable, lower-cost
alternative form of care.  If a waiver request has  not  been
submitted  by January 1, 1998 the Department shall submit the
TBI Prototype Waiver request to the United States Health Care
Financing Administration.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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