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91_HB0462
LRB9101665SMdv
1 AN ACT regarding persons with disabilities.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Mental Health and Developmental
5 Disabilities Administrative Act is amended by changing
6 Section 57 as follows:
7 (20 ILCS 1705/57) (from Ch. 91 1/2, par. 100-57)
8 Sec. 57. In order to identify the service needs of
9 persons with autism, the Department shall study the needs of
10 the population. The Department shall submit service needs
11 reports to the General Assembly annually which shall
12 supplement the report submitted in accordance with Public Act
13 84-1291. The reports shall include an analysis of progress
14 made since the submission of that report in the areas
15 outlined in that report, with emphasis on the following
16 areas:
17 a. Early intervention services for children with autism
18 and their parents;
19 b. Enhancement of family support mechanisms to enable
20 persons with autism to remain in a family home environment.
21 The Department shall include in the report a plan to provide
22 family support mechanisms to enable persons with autism to
23 remain in a family home environment;
24 c. Services for adequate transition for people with
25 autism from public school programs to adult work and day
26 programs; and
27 d. Facilitation of placement of persons with autism in
28 the least restrictive community setting.
29 For the purpose of this service needs review, autism
30 means a severely incapacitating life-long developmental
31 disability which:
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1 a. may be manifested before a person is 30 months of
2 age,
3 b. may be caused by physical disorders of the brain, and
4 c. is characterized by uneven intellectual development
5 and a combination of disturbances in the rates and sequences
6 of cognitive, affective, psychomotor, language and speech
7 development. This syndrome is further evidenced by abnormal
8 responses to sensory stimuli, problems in developing social
9 relationships, and ritualistic and compulsive behavior.
10 (Source: P.A. 85-971.)
11 Section 10. The Illinois Public Aid Code is amended by
12 changing Section 5-2 as follows:
13 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
14 Sec. 5-2. Classes of Persons Eligible. Medical
15 assistance under this Article shall be available to any of
16 the following classes of persons in respect to whom a plan
17 for coverage has been submitted to the Governor by the
18 Illinois Department and approved by him:
19 1. Recipients of basic maintenance grants under Articles
20 III and IV.
21 2. Persons otherwise eligible for basic maintenance
22 under Articles III and IV but who fail to qualify thereunder
23 on the basis of need, and who have insufficient income and
24 resources to meet the costs of necessary medical care,
25 including but not limited to, all persons who would be
26 determined eligible for such basic maintenance under Article
27 IV by disregarding the maximum earned income permitted by
28 federal law.
29 3. Persons who would otherwise qualify for Aid to the
30 Medically Indigent under Article VII.
31 4. Persons not eligible under any of the preceding
32 paragraphs who fall sick, are injured, or die, not having
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1 sufficient money, property or other resources to meet the
2 costs of necessary medical care or funeral and burial
3 expenses.
4 5. (a) Women during pregnancy, after the fact of
5 pregnancy has been determined by medical diagnosis, and
6 during the 60-day period beginning on the last day of the
7 pregnancy, together with their infants and children born
8 after September 30, 1983, whose income and resources are
9 insufficient to meet the costs of necessary medical care
10 to the maximum extent possible under Title XIX of the
11 Federal Social Security Act.
12 (b) The Illinois Department and the Governor shall
13 provide a plan for coverage of the persons eligible under
14 paragraph 5(a) by April 1, 1990. Such plan shall provide
15 ambulatory prenatal care to pregnant women during a
16 presumptive eligibility period and establish an income
17 eligibility standard that is equal to 133% of the nonfarm
18 income official poverty line, as defined by the federal
19 Office of Management and Budget and revised annually in
20 accordance with Section 673(2) of the Omnibus Budget
21 Reconciliation Act of 1981, applicable to families of the
22 same size, provided that costs incurred for medical care
23 are not taken into account in determining such income
24 eligibility.
25 (c) The Illinois Department may conduct a
26 demonstration in at least one county that will provide
27 medical assistance to pregnant women, together with their
28 infants and children up to one year of age, where the
29 income eligibility standard is set up to 185% of the
30 nonfarm income official poverty line, as defined by the
31 federal Office of Management and Budget. The Illinois
32 Department shall seek and obtain necessary authorization
33 provided under federal law to implement such a
34 demonstration. Such demonstration may establish resource
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1 standards that are not more restrictive than those
2 established under Article IV of this Code.
3 6. Persons under the age of 18 who fail to qualify as
4 dependent under Article IV and who have insufficient income
5 and resources to meet the costs of necessary medical care to
6 the maximum extent permitted under Title XIX of the Federal
7 Social Security Act.
8 7. Persons who are 18 years of age or younger and would
9 qualify as disabled as defined under the Federal Supplemental
10 Security Income Program, provided medical service for such
11 persons would be eligible for Federal Financial
12 Participation, and provided the Illinois Department
13 determines that:
14 (a) the person requires a level of care provided by
15 a hospital, skilled nursing facility, or intermediate
16 care facility, as determined by a physician licensed to
17 practice medicine in all its branches;
18 (b) it is appropriate to provide such care outside
19 of an institution, as determined by a physician licensed
20 to practice medicine in all its branches;
21 (c) the estimated amount which would be expended
22 for care outside the institution is not greater than the
23 estimated amount which would be expended in an
24 institution.
25 7.5. Persons who meet all of the following requirements:
26 (a) the person is 21 years of age or older;
27 (b) on or after January 1, 1998, the person has
28 been receiving benefits under paragraph 7 of this Section
29 as an alternative to inpatient hospitalization; and
30 (c) the University of Illinois Division of
31 Specialized Care for Children and the Department of
32 Public Aid, or their designees, determine that, during a
33 particular fiscal year, the person requires the type of
34 care that he or she has been receiving under paragraph 7,
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1 and also determine that the services available through
2 the Home and Community Based Services Waiver for the
3 Disabled for the person are not medically adequate.
4 Assistance shall not be dependent on the person meeting
5 eligibility requirements for Federal Financial Participation.
6 The Illinois Department shall by rule adopt the criteria,
7 standards, and amount of assistance which the Illinois
8 Department shall provide under this paragraph 7.5 to
9 qualified recipients. The Illinois Department shall not
10 approve future enrollments under this paragraph 7.5 for any
11 fiscal year if it determines that aggregate expenditures
12 under this paragraph 7.5 will exceed $200,000 during that
13 fiscal year. The amount and nature of assistance shall be
14 determined in accordance with the standards and rules of the
15 Illinois Department. Due regard shall be given to the
16 self-sufficiency requirements of the family and to the
17 income, money contributions, and other support and resources
18 available, from whatever source. However, the amount and
19 nature of any assistance is not affected by the payment of
20 any grant under the Senior Citizens and Disabled Persons
21 Property Tax Relief and Pharmaceutical Assistance Act. The
22 assistance shall be sufficient, when added to all other
23 income, money contributions, and support, to provide the
24 family with the amount of assistance established by Illinois
25 Department rule.
26 The Illinois Department of Public Aid may implement this
27 amendatory Act of 1999 through the use of emergency rules in
28 accordance with Section 5-45 of the Illinois Administrative
29 Procedure Act. For purposes of that amendatory Act of 1999,
30 the adoption of rules to implement this Act is deemed an
31 emergency and necessary for the public interest, safety, and
32 welfare.
33 8. Persons who become ineligible for basic maintenance
34 assistance under Article IV of this Code in programs
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1 administered by the Illinois Department due to employment
2 earnings and persons in assistance units comprised of adults
3 and children who become ineligible for basic maintenance
4 assistance under Article VI of this Code due to employment
5 earnings. The plan for coverage for this class of persons
6 shall:
7 (a) extend the medical assistance coverage for up
8 to 12 months following termination of basic maintenance
9 assistance; and
10 (b) offer persons who have initially received 6
11 months of the coverage provided in paragraph (a) above,
12 the option of receiving an additional 6 months of
13 coverage, subject to the following:
14 (i) such coverage shall be pursuant to
15 provisions of the federal Social Security Act;
16 (ii) such coverage shall include all services
17 covered while the person was eligible for basic
18 maintenance assistance;
19 (iii) no premium shall be charged for such
20 coverage; and
21 (iv) such coverage shall be suspended in the
22 event of a person's failure without good cause to
23 file in a timely fashion reports required for this
24 coverage under the Social Security Act and coverage
25 shall be reinstated upon the filing of such reports
26 if the person remains otherwise eligible.
27 9. Persons with acquired immunodeficiency syndrome
28 (AIDS) or with AIDS-related conditions with respect to whom
29 there has been a determination that but for home or
30 community-based services such individuals would require the
31 level of care provided in an inpatient hospital, skilled
32 nursing facility or intermediate care facility the cost of
33 which is reimbursed under this Article. Assistance shall be
34 provided to such persons to the maximum extent permitted
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1 under Title XIX of the Federal Social Security Act.
2 10. Participants in the long-term care insurance
3 partnership program established under the Partnership for
4 Long-Term Care Act who meet the qualifications for protection
5 of resources described in Section 25 of that Act.
6 The Illinois Department and the Governor shall provide a
7 plan for coverage of the persons eligible under paragraph 7
8 as soon as possible after July 1, 1984.
9 The eligibility of any such person for medical assistance
10 under this Article is not affected by the payment of any
11 grant under the Senior Citizens and Disabled Persons Property
12 Tax Relief and Pharmaceutical Assistance Act. The Department
13 shall by rule establish the amounts of assets to be
14 disregarded in determining eligibility for medical
15 assistance, which shall at a minimum equal the amounts to be
16 disregarded under the Federal Supplemental Security Income
17 Program. The amount of assets of a single person to be
18 disregarded shall not be less than $2,000, and the amount of
19 assets of a married couple to be disregarded shall not be
20 less than $3,000.
21 To the extent permitted under federal law, any person
22 found guilty of a second violation of Article VIIIA shall be
23 ineligible for medical assistance under this Article, as
24 provided in Section 8A-8.
25 The eligibility of any person for medical assistance
26 under this Article shall not be affected by the receipt by
27 the person of donations or benefits from fundraisers held for
28 the person in cases of serious illness, as long as neither
29 the person nor members of the person's family have actual
30 control over the donations or benefits or the disbursement of
31 the donations or benefits.
32 (Source: P.A. 89-525, eff. 7-19-96.)