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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0462eng HB0462 Engrossed LRB9101665SMdv 1 AN ACT regarding persons with disabilities, amending 2 named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Mental Health and Developmental 6 Disabilities Administrative Act is amended by changing 7 Section 57 as follows: 8 (20 ILCS 1705/57) (from Ch. 91 1/2, par. 100-57) 9 Sec. 57. In order to identify the service needs of 10 persons with autism, the Department shall study the needs of 11 the population. The Department shall submit service needs 12 reports to the General Assembly annually which shall 13 supplement the report submitted in accordance with Public Act 14 84-1291. The reports shall include an analysis of progress 15 made since the submission of that report in the areas 16 outlined in that report, with emphasis on the following 17 areas: 18 a. Early intervention services for children with autism 19 and their parents; 20 b. Enhancement of family support mechanisms to enable 21 persons with autism to remain in a family home environment. 22 The Department shall include in the report a plan to provide 23 family support mechanisms to enable persons with autism to 24 remain in a family home environment; 25 c. Services for adequate transition for people with 26 autism from public school programs to adult work and day 27 programs; and 28 d. Facilitation of placement of persons with autism in 29 the least restrictive community setting. 30 For the purpose of this service needs review, autism 31 means a severely incapacitating life-long developmental HB0462 Engrossed -2- LRB9101665SMdv 1 disability which: 2 a. may be manifested before a person is 30 months of 3 age, 4 b. may be caused by physical disorders of the brain, and 5 c. is characterized by uneven intellectual development 6 and a combination of disturbances in the rates and sequences 7 of cognitive, affective, psychomotor, language and speech 8 development. This syndrome is further evidenced by abnormal 9 responses to sensory stimuli, problems in developing social 10 relationships, and ritualistic and compulsive behavior. 11 (Source: P.A. 85-971.) 12 Section 10. The Illinois Public Aid Code is amended by 13 changing Section 5-2 as follows: 14 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2) 15 Sec. 5-2. Classes of Persons Eligible. Medical 16 assistance under this Article shall be available to any of 17 the following classes of persons in respect to whom a plan 18 for coverage has been submitted to the Governor by the 19 Illinois Department and approved by him: 20 1. Recipients of basic maintenance grants under Articles 21 III and IV. 22 2. Persons otherwise eligible for basic maintenance 23 under Articles III and IV but who fail to qualify thereunder 24 on the basis of need, and who have insufficient income and 25 resources to meet the costs of necessary medical care, 26 including but not limited to, all persons who would be 27 determined eligible for such basic maintenance under Article 28 IV by disregarding the maximum earned income permitted by 29 federal law. 30 3. Persons who would otherwise qualify for Aid to the 31 Medically Indigent under Article VII. 32 4. Persons not eligible under any of the preceding HB0462 Engrossed -3- LRB9101665SMdv 1 paragraphs who fall sick, are injured, or die, not having 2 sufficient money, property or other resources to meet the 3 costs of necessary medical care or funeral and burial 4 expenses. 5 5. (a) Women during pregnancy, after the fact of 6 pregnancy has been determined by medical diagnosis, and 7 during the 60-day period beginning on the last day of the 8 pregnancy, together with their infants and children born 9 after September 30, 1983, whose income and resources are 10 insufficient to meet the costs of necessary medical care 11 to the maximum extent possible under Title XIX of the 12 Federal Social Security Act. 13 (b) The Illinois Department and the Governor shall 14 provide a plan for coverage of the persons eligible under 15 paragraph 5(a) by April 1, 1990. Such plan shall provide 16 ambulatory prenatal care to pregnant women during a 17 presumptive eligibility period and establish an income 18 eligibility standard that is equal to 133% of the nonfarm 19 income official poverty line, as defined by the federal 20 Office of Management and Budget and revised annually in 21 accordance with Section 673(2) of the Omnibus Budget 22 Reconciliation Act of 1981, applicable to families of the 23 same size, provided that costs incurred for medical care 24 are not taken into account in determining such income 25 eligibility. 26 (c) The Illinois Department may conduct a 27 demonstration in at least one county that will provide 28 medical assistance to pregnant women, together with their 29 infants and children up to one year of age, where the 30 income eligibility standard is set up to 185% of the 31 nonfarm income official poverty line, as defined by the 32 federal Office of Management and Budget. The Illinois 33 Department shall seek and obtain necessary authorization 34 provided under federal law to implement such a HB0462 Engrossed -4- LRB9101665SMdv 1 demonstration. Such demonstration may establish resource 2 standards that are not more restrictive than those 3 established under Article IV of this Code. 4 6. Persons under the age of 18 who fail to qualify as 5 dependent under Article IV and who have insufficient income 6 and resources to meet the costs of necessary medical care to 7 the maximum extent permitted under Title XIX of the Federal 8 Social Security Act. 9 7. Persons who are 18 years of age or younger and would 10 qualify as disabled as defined under the Federal Supplemental 11 Security Income Program, provided medical service for such 12 persons would be eligible for Federal Financial 13 Participation, and provided the Illinois Department 14 determines that: 15 (a) the person requires a level of care provided by 16 a hospital, skilled nursing facility, or intermediate 17 care facility, as determined by a physician licensed to 18 practice medicine in all its branches; 19 (b) it is appropriate to provide such care outside 20 of an institution, as determined by a physician licensed 21 to practice medicine in all its branches; 22 (c) the estimated amount which would be expended 23 for care outside the institution is not greater than the 24 estimated amount which would be expended in an 25 institution. 26 8. Persons who become ineligible for basic maintenance 27 assistance under Article IV of this Code in programs 28 administered by the Illinois Department due to employment 29 earnings and persons in assistance units comprised of adults 30 and children who become ineligible for basic maintenance 31 assistance under Article VI of this Code due to employment 32 earnings. The plan for coverage for this class of persons 33 shall: 34 (a) extend the medical assistance coverage for up HB0462 Engrossed -5- LRB9101665SMdv 1 to 12 months following termination of basic maintenance 2 assistance; and 3 (b) offer persons who have initially received 6 4 months of the coverage provided in paragraph (a) above, 5 the option of receiving an additional 6 months of 6 coverage, subject to the following: 7 (i) such coverage shall be pursuant to 8 provisions of the federal Social Security Act; 9 (ii) such coverage shall include all services 10 covered while the person was eligible for basic 11 maintenance assistance; 12 (iii) no premium shall be charged for such 13 coverage; and 14 (iv) such coverage shall be suspended in the 15 event of a person's failure without good cause to 16 file in a timely fashion reports required for this 17 coverage under the Social Security Act and coverage 18 shall be reinstated upon the filing of such reports 19 if the person remains otherwise eligible. 20 9. Persons with acquired immunodeficiency syndrome 21 (AIDS) or with AIDS-related conditions with respect to whom 22 there has been a determination that but for home or 23 community-based services such individuals would require the 24 level of care provided in an inpatient hospital, skilled 25 nursing facility or intermediate care facility the cost of 26 which is reimbursed under this Article. Assistance shall be 27 provided to such persons to the maximum extent permitted 28 under Title XIX of the Federal Social Security Act. 29 10. Participants in the long-term care insurance 30 partnership program established under the Partnership for 31 Long-Term Care Act who meet the qualifications for protection 32 of resources described in Section 25 of that Act. 33 11. Persons who are older than 18 years of age and have 34 been receiving benefits under paragraph 7 of this Section HB0462 Engrossed -6- LRB9101665SMdv 1 shall remain eligible for continued benefits at the same 2 level of care, provided that a physician, licensed to 3 practice medicine in all its branches, annually determines 4 that the person requires the level of care provided by a 5 hospital, skilled nursing facility, or intermediate care 6 facility. Continued benefits shall not be dependent on the 7 person meeting eligibility requirements for federal financial 8 participation. 9 The Illinois Department and the Governor shall provide a 10 plan for coverage of the persons eligible under paragraph 7 11 as soon as possible after July 1, 1984. 12 The eligibility of any such person for medical assistance 13 under this Article is not affected by the payment of any 14 grant under the Senior Citizens and Disabled Persons Property 15 Tax Relief and Pharmaceutical Assistance Act. The Department 16 shall by rule establish the amounts of assets to be 17 disregarded in determining eligibility for medical 18 assistance, which shall at a minimum equal the amounts to be 19 disregarded under the Federal Supplemental Security Income 20 Program. The amount of assets of a single person to be 21 disregarded shall not be less than $2,000, and the amount of 22 assets of a married couple to be disregarded shall not be 23 less than $3,000. 24 To the extent permitted under federal law, any person 25 found guilty of a second violation of Article VIIIA shall be 26 ineligible for medical assistance under this Article, as 27 provided in Section 8A-8. 28 The eligibility of any person for medical assistance 29 under this Article shall not be affected by the receipt by 30 the person of donations or benefits from fundraisers held for 31 the person in cases of serious illness, as long as neither 32 the person nor members of the person's family have actual 33 control over the donations or benefits or the disbursement of 34 the donations or benefits. HB0462 Engrossed -7- LRB9101665SMdv 1 (Source: P.A. 89-525, eff. 7-19-96.)