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92_HB0654eng HB0654 Engrossed LRB9205189DJmg 1 AN ACT in relation to 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: HB0654 Engrossed -2- LRB9205189DJmg 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 the following: 26 (a) All persons otherwise eligible for basic 27 maintenance under Article III but who fail to qualify 28 under that Article on the basis of need and who meet 29 either of the following requirements: 30 (i) their income, as determined by the 31 Illinois Department in accordance with any federal 32 requirements, is equal to or less than 70% in fiscal HB0654 Engrossed -3- LRB9205189DJmg 1 year 2001, equal to or less than 85% in fiscal year 2 2002, and equal to or less than 100% in fiscal year 3 2003 and thereafter of the nonfarm income official 4 poverty line, as defined by the federal Office of 5 Management and Budget and revised annually in 6 accordance with Section 673(2) of the Omnibus Budget 7 Reconciliation Act of 1981, applicable to families 8 of the same size; or 9 (ii) their income, after the deduction of 10 costs incurred for medical care and for other types 11 of remedial care, is equal to or less than 70% in 12 fiscal year 2001, equal to or less than 85% in 13 fiscal year 2002, and equal to or less than 100% in 14 fiscal year 2003 and thereafter of the nonfarm 15 income official poverty line, as defined in item (i) 16 of this subparagraph (a). 17 (b) All persons who would be determined eligible 18 for such basic maintenance under Article IV by 19 disregarding the maximum earned income permitted by 20 federal law. 21 3. Persons who would otherwise qualify for Aid to the 22 Medically Indigent under Article VII. 23 4. Persons not eligible under any of the preceding 24 paragraphs who fall sick, are injured, or die, not having 25 sufficient money, property or other resources to meet the 26 costs of necessary medical care or funeral and burial 27 expenses. 28 5. (a) Women during pregnancy, after the fact of 29 pregnancy has been determined by medical diagnosis, and 30 during the 60-day period beginning on the last day of the 31 pregnancy, together with their infants and children born 32 after September 30, 1983, whose income and resources are 33 insufficient to meet the costs of necessary medical care 34 to the maximum extent possible under Title XIX of the HB0654 Engrossed -4- LRB9205189DJmg 1 Federal Social Security Act. 2 (b) The Illinois Department and the Governor shall 3 provide a plan for coverage of the persons eligible under 4 paragraph 5(a) by April 1, 1990. Such plan shall provide 5 ambulatory prenatal care to pregnant women during a 6 presumptive eligibility period and establish an income 7 eligibility standard that is equal to 133% of the nonfarm 8 income official poverty line, as defined by the federal 9 Office of Management and Budget and revised annually in 10 accordance with Section 673(2) of the Omnibus Budget 11 Reconciliation Act of 1981, applicable to families of the 12 same size, provided that costs incurred for medical care 13 are not taken into account in determining such income 14 eligibility. 15 (c) The Illinois Department may conduct a 16 demonstration in at least one county that will provide 17 medical assistance to pregnant women, together with their 18 infants and children up to one year of age, where the 19 income eligibility standard is set up to 185% of the 20 nonfarm income official poverty line, as defined by the 21 federal Office of Management and Budget. The Illinois 22 Department shall seek and obtain necessary authorization 23 provided under federal law to implement such a 24 demonstration. Such demonstration may establish resource 25 standards that are not more restrictive than those 26 established under Article IV of this Code. 27 6. Persons under the age of 18 who fail to qualify as 28 dependent under Article IV and who have insufficient income 29 and resources to meet the costs of necessary medical care to 30 the maximum extent permitted under Title XIX of the Federal 31 Social Security Act. 32 7. Persons who are 18 years of age or younger and would 33 qualify as disabled as defined under the Federal Supplemental 34 Security Income Program, provided medical service for such HB0654 Engrossed -5- LRB9205189DJmg 1 persons would be eligible for Federal Financial 2 Participation, and provided the Illinois Department 3 determines that: 4 (a) the person requires a level of care provided by 5 a hospital, skilled nursing facility, or intermediate 6 care facility, as determined by a physician licensed to 7 practice medicine in all its branches; 8 (b) it is appropriate to provide such care outside 9 of an institution, as determined by a physician licensed 10 to practice medicine in all its branches; 11 (c) the estimated amount which would be expended 12 for care outside the institution is not greater than the 13 estimated amount which would be expended in an 14 institution. 15 8. Persons who become ineligible for basic maintenance 16 assistance under Article IV of this Code in programs 17 administered by the Illinois Department due to employment 18 earnings and persons in assistance units comprised of adults 19 and children who become ineligible for basic maintenance 20 assistance under Article VI of this Code due to employment 21 earnings. The plan for coverage for this class of persons 22 shall: 23 (a) extend the medical assistance coverage for up 24 to 12 months following termination of basic maintenance 25 assistance; and 26 (b) offer persons who have initially received 6 27 months of the coverage provided in paragraph (a) above, 28 the option of receiving an additional 6 months of 29 coverage, subject to the following: 30 (i) such coverage shall be pursuant to 31 provisions of the federal Social Security Act; 32 (ii) such coverage shall include all services 33 covered while the person was eligible for basic 34 maintenance assistance; HB0654 Engrossed -6- LRB9205189DJmg 1 (iii) no premium shall be charged for such 2 coverage; and 3 (iv) such coverage shall be suspended in the 4 event of a person's failure without good cause to 5 file in a timely fashion reports required for this 6 coverage under the Social Security Act and coverage 7 shall be reinstated upon the filing of such reports 8 if the person remains otherwise eligible. 9 9. Persons with acquired immunodeficiency syndrome 10 (AIDS) or with AIDS-related conditions with respect to whom 11 there has been a determination that but for home or 12 community-based services such individuals would require the 13 level of care provided in an inpatient hospital, skilled 14 nursing facility or intermediate care facility the cost of 15 which is reimbursed under this Article. Assistance shall be 16 provided to such persons to the maximum extent permitted 17 under Title XIX of the Federal Social Security Act. 18 10. Participants in the long-term care insurance 19 partnership program established under the Partnership for 20 Long-Term Care Act who meet the qualifications for protection 21 of resources described in Section 25 of that Act. 22 11. Persons with disabilities who are employed and 23 eligible for Medicaid, pursuant to Section 24 1902(a)(10)(A)(ii)(xv) of the Social Security Act, as 25 provided by the Illinois Department by rule. 26 12. Persons who are older than 18 years of age and have 27 received benefits under paragraph 7 of this Section shall 28 remain eligible for continued benefits at the same level of 29 care, provided that a physician, licensed to practice 30 medicine in all its branches, annually determines that the 31 person requires the level of care provided by a hospital, 32 skilled nursing facility, or intermediate care facility. 33 Continued benefits shall not be dependent on the person 34 meeting eligibility requirements for federal financial HB0654 Engrossed -7- LRB9205189DJmg 1 participation. 2 The Illinois Department and the Governor shall provide a 3 plan for coverage of the persons eligible under paragraph 7 4 as soon as possible after July 1, 1984. 5 The eligibility of any such person for medical assistance 6 under this Article is not affected by the payment of any 7 grant under the Senior Citizens and Disabled Persons Property 8 Tax Relief and Pharmaceutical Assistance Act or any 9 distributions or items of income described under subparagraph 10 (X) of paragraph (2) of subsection (a) of Section 203 of the 11 Illinois Income Tax Act. The Department shall by rule 12 establish the amounts of assets to be disregarded in 13 determining eligibility for medical assistance, which shall 14 at a minimum equal the amounts to be disregarded under the 15 Federal Supplemental Security Income Program. The amount of 16 assets of a single person to be disregarded shall not be less 17 than $2,000, and the amount of assets of a married couple to 18 be disregarded shall not be less than $3,000. 19 To the extent permitted under federal law, any person 20 found guilty of a second violation of Article VIIIA shall be 21 ineligible for medical assistance under this Article, as 22 provided in Section 8A-8. 23 The eligibility of any person for medical assistance 24 under this Article shall not be affected by the receipt by 25 the person of donations or benefits from fundraisers held for 26 the person in cases of serious illness, as long as neither 27 the person nor members of the person's family have actual 28 control over the donations or benefits or the disbursement of 29 the donations or benefits. 30 (Source: P.A. 91-676, eff. 12-23-99; 91-699, eff. 7-1-00; 31 91-712, eff. 7-1-00; revised 6-26-00.) 32 Section 99. Effective date. This Act takes effect upon 33 becoming law.