Bill Text: IL HB5308 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall not require any person committed to the custody of the Department of Corrections who is eligible for medical assistance to pay a fee as a co-payment for services.

Spectrum: Moderate Partisan Bill (Democrat 21-3)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5308 Detail]

Download: Illinois-2017-HB5308-Engrossed.html

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AN ACT concerning public aid.
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
changing Section 5-4.1 as follows:
(305 ILCS 5/5-4.1) (from Ch. 23, par. 5-4.1)
Sec. 5-4.1. Co-payments. The Department may by rule provide
that recipients under any Article of this Code shall pay a fee
as a co-payment for services. Co-payments shall be maximized to
the extent permitted by federal law, except that the Department
shall impose a co-pay of $2 on generic drugs. Provided,
however, that any such rule must provide that no co-payment
requirement can exist for renal dialysis, radiation therapy,
cancer chemotherapy, or insulin, and other products necessary
on a recurring basis, the absence of which would be life
threatening, or where co-payment expenditures for required
services and/or medications for chronic diseases that the
Illinois Department shall by rule designate shall cause an
extensive financial burden on the recipient, and provided no
co-payment shall exist for emergency room encounters which are
for medical emergencies. The Department shall seek approval of
a State plan amendment that allows pharmacies to refuse to
dispense drugs in circumstances where the recipient does not

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pay the required co-payment. Co-payments may not exceed $10 for
emergency room use for a non-emergency situation as defined by
the Department by rule and subject to federal approval.
Notwithstanding the other provisions of this Section or any
other law, the Department shall not require any person
incarcerated in a facility of the Department of Corrections who
is eligible for medical assistance under this Article to pay a
fee as a co-payment for services.
(Source: P.A. 96-1501, eff. 1-25-11; 97-74, eff. 6-30-11;
97-689, eff. 6-14-12.)
Section 10. The Unified Code of Corrections is amended by
changing Section 3-6-2 as follows:
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
Sec. 3-6-2. Institutions and Facility Administration.
(a) Each institution and facility of the Department shall
be administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment of
such persons.
(b) The chief administrative officer shall have such
assistants as the Department may assign.
(c) The Director or Assistant Director shall have the

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emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5-905 of the Juvenile Court Act of 1987.
This Section shall not apply to transfers to the Department of
Human Services which are provided for under Section 3-8-5 or
Section 3-10-5.
(d) The Department shall provide educational programs for
all committed persons so that all persons have an opportunity
to attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever
possible. The Department may establish programs of mandatory
education and may establish rules and regulations for the
administration of such programs. A person committed to the
Department who, during the period of his or her incarceration,
participates in an educational program provided by or through
the Department and through that program is awarded or earns the
number of hours of credit required for the award of an
associate, baccalaureate, or higher degree from a community

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college, college, or university located in Illinois shall
reimburse the State, through the Department, for the costs
incurred by the State in providing that person during his or
her incarceration with the education that qualifies him or her
for the award of that degree. The costs for which reimbursement
is required under this subsection shall be determined and
computed by the Department under rules and regulations that it
shall establish for that purpose. However, interest at the rate
of 6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department until paid.
(d-5) A person committed to the Department is entitled to
confidential testing for infection with human immunodeficiency
virus (HIV) and to counseling in connection with such testing,
with no copay to the committed person. A person committed to
the Department who has tested positive for infection with HIV
is entitled to medical care while incarcerated, counseling, and
referrals to support services, in connection with that positive
test result. Implementation of this subsection (d-5) is subject
to appropriation.
(e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer consenting on the

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person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches in
this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
required relative to a condition threatening to cause
death, damage or impairment to bodily functions, or
disfigurement; and
(2) that the person is not capable of giving consent to
such treatment; the chief administrative officer may give
consent for such medical or surgical treatment, and such
consent shall be deemed to be the consent of the person for
all purposes, including, but not limited to, the authority
of a physician to give such treatment.
(e-5) If a physician providing medical care to a committed
person on behalf of the Department advises the chief
administrative officer that the committed person's mental or
physical health has deteriorated as a result of the cessation
of ingestion of food or liquid to the point where medical or
surgical treatment is required to prevent death, damage, or
impairment to bodily functions, the chief administrative
officer may authorize such medical or surgical treatment.
(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department. The Department shall not require any

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committed person receiving medical or dental treatment or
services to pay a fee as a co-payment for such treatment or
services. The Department shall require the committed person
receiving medical or dental services on a non-emergency basis
to pay a $5 co-payment to the Department for each visit for
medical or dental services. The amount of each co-payment shall
be deducted from the committed person's individual account. A
committed person who has a chronic illness, as defined by
Department rules and regulations, shall be exempt from the $5
co-payment for treatment of the chronic illness. A committed
person shall not be subject to a $5 co-payment for follow-up
visits ordered by a physician, who is employed by, or contracts
with, the Department. A committed person who is indigent is
exempt from the $5 co-payment and is entitled to receive
medical or dental services on the same basis as a committed
person who is financially able to afford the co-payment. For
purposes of this Section only, "indigent" means a committed
person who has $20 or less in his or her Inmate Trust Fund at
the time of such services and for the 30 days prior to such
services. Notwithstanding any other provision in this
subsection (f) to the contrary, any person committed to any
facility operated by the Department of Juvenile Justice, as set
forth in Section 3-2.5-15 of this Code, is exempt from the
co-payment requirement for the duration of confinement in those
facilities.
(g) Any person having sole custody of a child at the time

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of commitment or any woman giving birth to a child after her
commitment, may arrange through the Department of Children and
Family Services for suitable placement of the child outside of
the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until
the child is 6 years old.
(h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
separately or together, preceding the inmate's release;
and
(6) a prerelease reunification staffing involving the
family advocate, the inmate and the child's counselor, or
both and the inmate.
(i) (Blank).
(j) Any person convicted of a sex offense as defined in the
Sex Offender Management Board Act shall be required to receive
a sex offender evaluation prior to release into the community
from the Department of Corrections. The sex offender evaluation
shall be conducted in conformance with the standards and

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guidelines developed under the Sex Offender Management Board
Act and by an evaluator approved by the Board.
(k) Any minor committed to the Department of Juvenile
Justice for a sex offense as defined by the Sex Offender
Management Board Act shall be required to undergo sex offender
treatment by a treatment provider approved by the Board and
conducted in conformance with the Sex Offender Management Board
Act.
(l) Prior to the release of any inmate committed to a
facility of the Department or the Department of Juvenile
Justice, the Department must provide the inmate with
appropriate information verbally, in writing, by video, or
other electronic means, concerning HIV and AIDS. The Department
shall develop the informational materials in consultation with
the Department of Public Health. At the same time, the
Department must also offer the committed person the option of
testing for infection with human immunodeficiency virus (HIV),
with no copayment for the test. Pre-test information shall be
provided to the committed person and informed consent obtained
as required in subsection (d) of Section 3 and Section 5 of the
AIDS Confidentiality Act. The Department may conduct opt-out
HIV testing as defined in Section 4 of the AIDS Confidentiality
Act. If the Department conducts opt-out HIV testing, the
Department shall place signs in English, Spanish and other
languages as needed in multiple, highly visible locations in
the area where HIV testing is conducted informing inmates that

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they will be tested for HIV unless they refuse, and refusal or
acceptance of testing shall be documented in the inmate's
medical record. The Department shall follow procedures
established by the Department of Public Health to conduct HIV
testing and testing to confirm positive HIV test results. All
testing must be conducted by medical personnel, but pre-test
and other information may be provided by committed persons who
have received appropriate training. The Department, in
conjunction with the Department of Public Health, shall develop
a plan that complies with the AIDS Confidentiality Act to
deliver confidentially all positive or negative HIV test
results to inmates or former inmates. Nothing in this Section
shall require the Department to offer HIV testing to an inmate
who is known to be infected with HIV, or who has been tested
for HIV within the previous 180 days and whose documented HIV
test result is available to the Department electronically. The
testing provided under this subsection (l) shall consist of a
test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention. If the test result is positive, a
reliable supplemental test based upon recommendations of the
United States Centers for Disease Control and Prevention shall
be administered.
Prior to the release of an inmate who the Department knows
has tested positive for infection with HIV, the Department in a

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timely manner shall offer the inmate transitional case
management, including referrals to other support services.
(m) The chief administrative officer of each institution or
facility of the Department shall make a room in the institution
or facility available for addiction recovery services to be
provided to committed persons on a voluntary basis. The
services shall be provided for one hour once a week at a time
specified by the chief administrative officer of the
institution or facility if the following conditions are met:
(1) the addiction recovery service contacts the chief
administrative officer to arrange the meeting;
(2) the committed person may attend the meeting for
addiction recovery services only if the committed person
uses pre-existing free time already available to the
committed person;
(3) all disciplinary and other rules of the institution
or facility remain in effect;
(4) the committed person is not given any additional
privileges to attend addiction recovery services;
(5) if the addiction recovery service does not arrange
for scheduling a meeting for that week, no addiction
recovery services shall be provided to the committed person
in the institution or facility for that week;
(6) the number of committed persons who may attend an
addiction recovery meeting shall not exceed 40 during any
session held at the correctional institution or facility;

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(7) a volunteer seeking to provide addiction recovery
services under this subsection (m) must submit an
application to the Department of Corrections under
existing Department rules and the Department must review
the application within 60 days after submission of the
application to the Department; and
(8) each institution and facility of the Department
shall manage the addiction recovery services program
according to its own processes and procedures.
For the purposes of this subsection (m), "addiction
recovery services" means recovery services for alcoholics and
addicts provided by volunteers of recovery support services
recognized by the Department of Human Services.
(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12;
97-813, eff. 7-13-12.)