State of Illinois
92nd General Assembly
Legislation

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92_SB0927

 
                                              LRB9204620DJmgA

 1        AN ACT in relation to children's health.

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

 4        Section  5.   The Children's Health Insurance Program Act
 5    is amended by changing Sections 20 and 22 as follows:

 6        (215 ILCS 106/20)
 7        (Section scheduled to be repealed on July 1, 2002)
 8        Sec. 20.  Eligibility.
 9        (a)  To be eligible for this Program, a person must be  a
10    person  who  has  a  child eligible under this Act and who is
11    eligible under a waiver of federal requirements  pursuant  to
12    an application made pursuant to subdivision (a)(1) of Section
13    40  of  this  Act  or  who is a child who meets the following
14    criteria:
15             (1)  Is a child who  is  not  eligible  for  medical
16        assistance.;
17             (2)  Is  a  child  whose annual household income, as
18        determined by  the  Department,  is  above  133%  of  the
19        federal poverty level and at or below 185% of the federal
20        poverty  level.    In  making  a  determination of income
21        eligibility under  this  paragraph  (2),  the  Department
22        shall  accept  an  applicant's  attestation  that a child
23        satisfies  the  household  income  requirement  of   this
24        paragraph.  The attestation is subject to verification by
25        the  Department  after  the  child's  enrollment  in  the
26        program   if   the   child  meets  all  other  applicable
27        eligibility   requirements.     In    verifying    income
28        eligibility  under  this  paragraph,  the Department may,
29        within an appropriate period of time, use any  reasonable
30        means   to   verify  a  child's  household  income.   The
31        Department may not determine  that  a  child's  household
 
                            -2-               LRB9204620DJmgA
 1        income  is  unverifiable  for  the  sole  reason that the
 2        applicant  is  unable  to  provide  pay  stubs  or  other
 3        statements of income from an employer or other person.;
 4             (3)  Is a resident of the State of Illinois.; and
 5             (4)  Is a  child  who  is  either  a  United  States
 6        citizen or included in one of the following categories of
 7        non-citizens:
 8                  (A)  unmarried  dependent  children of either a
 9             United States  Veteran  honorably  discharged  or  a
10             person on active military duty;
11                  (B)  refugees   under   Section   207   of  the
12             Immigration and Nationality Act;
13                  (C)  asylees   under   Section   208   of   the
14             Immigration and Nationality Act;
15                  (D)  persons  for  whom  deportation  has  been
16             withheld under Section  243(h)  of  the  Immigration
17             and Nationality Act;
18                  (E)  persons  granted  conditional  entry under
19             Section 203(a)(7) of the Immigration and Nationality
20             Act as in effect prior to April 1, 1980;
21                  (F)  persons lawfully  admitted  for  permanent
22             residence under the Immigration and Nationality Act;
23             and
24                  (G)  parolees,  for  at  least  one year, under
25             Section 212(d)(5) of the Immigration and Nationality
26             Act.
27        Those children who are in the  categories  set  forth  in
28    subdivisions  (4)(F) and (4)(G) of this subsection, who enter
29    the United States on or after August 22, 1996, shall  not  be
30    eligible  for 5 years beginning on the date the child entered
31    the United States.
32        (b)  A  child  who  is  determined  to  be  eligible  for
33    assistance shall remain eligible for 12 months, provided  the
34    child  maintains  his  or her residence in the State, has not
 
                            -3-               LRB9204620DJmgA
 1    yet attained 19 years of age, and is not excluded pursuant to
 2    subsection (c).  Eligibility shall be  re-determined  by  the
 3    Department at least annually.
 4        (c)  A  child  shall  not  be eligible for coverage under
 5    this Program if:
 6             (1)  the premium required pursuant to Section 30  of
 7        this Act has not been paid.  If the required premiums are
 8        not paid the liability of the Program shall be limited to
 9        benefits  incurred  under the Program for the time period
10        for which  premiums  had  been  paid.   If  the  required
11        monthly   premium   is  not  paid,  the  child  shall  be
12        ineligible for re-enrollment for a minimum  period  of  3
13        months.   Re-enrollment  shall  be completed prior to the
14        next covered medical visit and the first month's required
15        premium shall be paid in  advance  of  the  next  covered
16        medical  visit.   The  Department  shall promulgate rules
17        regarding grace periods, notice requirements, and hearing
18        procedures pursuant to this subsection;
19             (2)  the child is an inmate of a public  institution
20        or a patient in an institution for mental diseases; or
21             (3)  the  child  is  a  member  of  a family that is
22        eligible for health benefits covered under the  State  of
23        Illinois  health benefits plan on the basis of a member's
24        employment with a public agency.
25    (Source: P.A. 90-736, eff. 8-12-98.)

26        (215 ILCS 106/22)
27        (Section scheduled to be repealed on July 1, 2002)
28        Sec. 22.  Enrollment in program.
29        (a)  The Department shall  develop  procedures  to  allow
30    community  providers,  and  schools,  youth service agencies,
31    employers, labor unions,  local  chambers  of  commerce,  and
32    religious  organizations  to  assist in enrolling children in
33    the Program.
 
                            -4-               LRB9204620DJmgA
 1        (b) The Department shall  encourage  and  facilitate  the
 2    enrollment  of  children  in  the program under this Act with
 3    their enrollment in the National School  Lunch  Program,  the
 4    School  Breakfast Program, the Special Supplemental Nutrition
 5    Program for Women, Infants  and  Children,  Head  Start,  and
 6    similar  programs having an income-eligibility requirement so
 7    that, to the extent possible,  a  family  does  not  have  to
 8    submit  information needed to determine eligibility for these
 9    programs more than once.
10    (Source: P.A. 91-470, eff.  8-10-99;  91-471,  eff.  8-10-99;
11    revised 6-23-00.)

12        (215 ILCS 106/97 rep.)
13        Section 6. The Children's Health Insurance Program Act is
14    amended by repealing Section 97.

15        Section  10.  The  Illinois Public Aid Code is amended by
16    adding Sections 5-1.3 and 5-1.4 as follows:

17        (305 ILCS 5/5-1.3 new)
18        Sec. 5-1.3. Enrollment in other programs. The  Department
19    shall  encourage and facilitate the enrollment of children in
20    the medical assistance program under this Article with  their
21    enrollment  in  the National School Lunch Program, the School
22    Breakfast Program, the Special Supplemental Nutrition Program
23    for Women, Infants and  Children,  Head  Start,  and  similar
24    programs having an income-eligibility requirement so that, to
25    the  extent  possible,  a  family  does  not  have  to submit
26    information  needed  to  determine  eligibility   for   these
27    programs more than once.

28        (305 ILCS 5/5-1.4 new)
29        Sec.  5-1.4.  Child's  income  eligibility.  In  making a
30    determination of a child's  income  eligibility  for  medical
 
                            -5-               LRB9204620DJmgA
 1    assistance under this Article, the Department shall accept an
 2    applicant's  attestation that a child satisfies the household
 3    income requirement  of  this  Article.   The  attestation  is
 4    subject  to  verification by the Department after the child's
 5    enrollment in the medical assistance  program  if  the  child
 6    meets  all  other  applicable  eligibility  requirements.  In
 7    verifying  income  eligibility  under   this   Section,   the
 8    Department may, within an appropriate period of time, use any
 9    reasonable  means  to verify a child's household income.  The
10    Department may not determine that a child's household  income
11    is  unverifiable  for  the  sole reason that the applicant is
12    unable to provide pay stubs or  other  statements  of  income
13    from an employer or other person.

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

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