Bill Text: IL SB1527 | 2011-2012 | 97th General Assembly | Amended

---

Bill Title: Amends the Arthritis Prevention, Control, and Cure Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1527 Detail]

Download: Illinois-2011-SB1527-Amended.html

---

Sen. Carole Pankau

Filed: 3/29/2011

09700SB1527sam001 LRB097 06978 KTG 53160 a
AMENDMENT TO SENATE BILL 1527
AMENDMENT NO. ______. Amend Senate Bill 1527 by replacing
everything after the enacting clause with the following:
"Section 10. The Children's Health Insurance Program Act is
amended by changing Sections 20 and 40 as follows:
(215 ILCS 106/20)
Sec. 20. Eligibility.
(a) To be eligible for this Program, a person must be a
person who has a child eligible under this Act and who is
eligible under a waiver of federal requirements pursuant to an
application made pursuant to subdivision (a)(1) of Section 40
of this Act or who is a child who:
(1) is a child who is not eligible for medical
assistance;
(2) is a child whose annual household income, as
determined by the Department, is above 133% of the federal

09700SB1527sam001 - 2 - LRB097 06978 KTG 53160 a
poverty level and at or below 200% of the federal poverty
level;
(2.5) is a child whose household assets do not exceed
$10,000, excluding (i) the value of the residence in which
the child lives and (ii) the value of a vehicle used by the
household for transportation purposes; for purposes of
this paragraph (2.5), "vehicle" does not include a
recreational vehicle as defined in the Campground
Licensing and Recreational Area Act;
(3) is a resident of the State of Illinois; and
(4) is a child who is either a United States citizen or
included in one of the following categories of
non-citizens:
(A) unmarried dependent children of either a
United States Veteran honorably discharged or a person
on active military duty;
(B) refugees under Section 207 of the Immigration
and Nationality Act;
(C) asylees under Section 208 of the Immigration
and Nationality Act;
(D) persons for whom deportation has been withheld
under Section 243(h) of the Immigration and
Nationality Act;
(E) persons granted conditional entry under
Section 203(a)(7) of the Immigration and Nationality
Act as in effect prior to April 1, 1980;

09700SB1527sam001 - 3 - LRB097 06978 KTG 53160 a
(F) persons lawfully admitted for permanent
residence under the Immigration and Nationality Act;
and
(G) parolees, for at least one year, under Section
212(d)(5) of the Immigration and Nationality Act.
Those children who are in the categories set forth in
subdivisions (4)(F) and (4)(G) of this subsection, who enter
the United States on or after August 22, 1996, shall not be
eligible for 5 years beginning on the date the child entered
the United States.
(b) A child who is determined to be eligible for assistance
may remain eligible for 12 months, provided the child maintains
his or her residence in the State, has not yet attained 19
years of age, and is not excluded pursuant to subsection (c). A
child who has been determined to be eligible for assistance
must reapply or otherwise establish eligibility at least
annually. An eligible child shall be required, as determined by
the Department by rule, to report promptly those changes in
income and other circumstances that affect eligibility within
30 days after the occurrence of the change. The eligibility of
a child may be redetermined based on the information reported
or may be terminated based on the failure to report or failure
to report accurately. A child's responsible relative or
caretaker may also be held liable to the Department for any
payments made by the Department on such child's behalf that
were inappropriate. An applicant shall be provided with notice

09700SB1527sam001 - 4 - LRB097 06978 KTG 53160 a
of these obligations.
(c) A child shall not be eligible for coverage under this
Program if:
(1) the premium required pursuant to Section 30 of this
Act has not been paid. If the required premiums are not
paid the liability of the Program shall be limited to
benefits incurred under the Program for the time period for
which premiums had been paid. Re-enrollment shall be
completed prior to the next covered medical visit and the
first month's required premium shall be paid in advance of
the next covered medical visit. The Department shall
promulgate rules regarding grace periods, notice
requirements, and hearing procedures pursuant to this
subsection;
(2) the child is an inmate of a public institution or a
patient in an institution for mental diseases; or
(3) the child is a member of a family that is eligible
for health benefits covered under the State of Illinois
health benefits plan on the basis of a member's employment
with a public agency.
(d) The Department shall seek a waiver of federal
requirements under the Patient Protection and Affordable Care
Act in order to allow the Department to immediately implement
the changes made to this Section by this amendatory Act of the
97th General Assembly. Upon federal waiver approval, the
Department shall promulgate rules necessary to implement the

09700SB1527sam001 - 5 - LRB097 06978 KTG 53160 a
changes made to this Section by this amendatory Act of the 97th
General Assembly.
(Source: P.A. 96-1272, eff. 1-1-11.)
(215 ILCS 106/40)
Sec. 40. Waivers.
(a) The Department shall request any necessary waivers of
federal requirements in order to allow receipt of federal
funding for:
(1) the coverage of families with eligible children
under this Act; and
(2) the coverage of children who would otherwise be
eligible under this Act, but who have health insurance.
(b) The failure of the responsible federal agency to
approve a waiver for children who would otherwise be eligible
under this Act but who have health insurance shall not prevent
the implementation of any Section of this Act provided that
there are sufficient appropriated funds.
(c) Eligibility of a person under an approved waiver due to
the relationship with a child pursuant to Article V of the
Illinois Public Aid Code or this Act shall be limited to such a
person whose countable income is determined by the Department
to be at or below such income eligibility standard as the
Department by rule shall establish. The income level
established by the Department shall not be below 90% of the
federal poverty level. Such persons who are determined to be

09700SB1527sam001 - 6 - LRB097 06978 KTG 53160 a
eligible must reapply, or otherwise establish eligibility, at
least annually. An eligible person shall be required, as
determined by the Department by rule, to report promptly those
changes in income and other circumstances that affect
eligibility to the Department within 30 days after the
occurrence of the change. The eligibility of a person may be
redetermined based on the information reported or may be
terminated based on the failure to report or failure to report
accurately. A person may also be held liable to the Department
for any payments made by the Department on such person's behalf
that were inappropriate. An applicant shall be provided with
notice of these obligations.
(d) The Department shall promulgate rules necessary to
implement the changes made to this Section by this amendatory
Act of the 97th General Assembly.
(Source: P.A. 96-328, eff. 8-11-09.)
Section 15. The Covering ALL KIDS Health Insurance Act is
amended by changing Section 20 as follows:
(215 ILCS 170/20)
(Section scheduled to be repealed on July 1, 2016)
Sec. 20. Eligibility.
(a) To be eligible for the Program, a person must be a
child:
(1) who is a resident of the State of Illinois;

09700SB1527sam001 - 7 - LRB097 06978 KTG 53160 a
(2) who is ineligible for medical assistance under the
Illinois Public Aid Code or benefits under the Children's
Health Insurance Program Act;
(3) either (i) who has been without health insurance
coverage for 12 months, (ii) whose parent has lost
employment that made available affordable dependent health
insurance coverage, until such time as affordable
employer-sponsored dependent health insurance coverage is
again available for the child as set forth by the
Department in rules, (iii) who is a newborn whose
responsible relative does not have available affordable
private or employer-sponsored health insurance, or (iv)
who, within one year of applying for coverage under this
Act, lost medical benefits under the Illinois Public Aid
Code or the Children's Health Insurance Program Act; and
(3.5) whose household income, as determined by the
Department, is at or below 300% of the federal poverty
level. This item (3.5) is effective July 1, 2011; and .
(4) whose household assets do not exceed $10,000,
excluding (i) the value of the residence in which the child
lives and (ii) the value of a vehicle used by the household
for transportation purposes; for purposes of this
paragraph (4), "vehicle" does not include a recreational
vehicle as defined in the Campground Licensing and
Recreational Area Act.
An entity that provides health insurance coverage (as

09700SB1527sam001 - 8 - LRB097 06978 KTG 53160 a
defined in Section 2 of the Comprehensive Health Insurance Plan
Act) to Illinois residents shall provide health insurance data
match to the Department of Healthcare and Family Services as
provided by and subject to Section 5.5 of the Illinois
Insurance Code.
The Department of Healthcare and Family Services, in
collaboration with the Department of Insurance, shall adopt
rules governing the exchange of information under this Section.
The rules shall be consistent with all laws relating to the
confidentiality or privacy of personal information or medical
records, including provisions under the Federal Health
Insurance Portability and Accountability Act (HIPAA).
(b) The Department shall monitor the availability and
retention of employer-sponsored dependent health insurance
coverage and shall modify the period described in subdivision
(a)(3) if necessary to promote retention of private or
employer-sponsored health insurance and timely access to
healthcare services, but at no time shall the period described
in subdivision (a)(3) be less than 6 months.
(c) The Department, at its discretion, may take into
account the affordability of dependent health insurance when
determining whether employer-sponsored dependent health
insurance coverage is available upon reemployment of a child's
parent as provided in subdivision (a)(3).
(d) A child who is determined to be eligible for the
Program shall remain eligible for 12 months, provided that the

09700SB1527sam001 - 9 - LRB097 06978 KTG 53160 a
child maintains his or her residence in this State, has not yet
attained 19 years of age, and is not excluded under subsection
(e).
(e) A child is not eligible for coverage under the Program
if:
(1) the premium required under Section 40 has not been
timely paid; if the required premiums are not paid, the
liability of the Program shall be limited to benefits
incurred under the Program for the time period for which
premiums have been paid; re-enrollment shall be completed
before the next covered medical visit, and the first
month's required premium shall be paid in advance of the
next covered medical visit; or
(2) the child is an inmate of a public institution or
an institution for mental diseases.
(f) The Department may adopt rules, including, but not
limited to: rules regarding annual renewals of eligibility for
the Program in conformance with Section 7 of this Act; rules
providing for re-enrollment, grace periods, notice
requirements, and hearing procedures under subdivision (e)(1)
of this Section; and rules regarding what constitutes
availability and affordability of private or
employer-sponsored health insurance, with consideration of
such factors as the percentage of income needed to purchase
children or family health insurance, the availability of
employer subsidies, and other relevant factors.

09700SB1527sam001 - 10 - LRB097 06978 KTG 53160 a
(g) Each child enrolled in the Program as of July 1, 2011
whose family income, as established by the Department, exceeds
300% of the federal poverty level may remain enrolled in the
Program for 12 additional months commencing July 1, 2011.
Continued enrollment pursuant to this subsection shall be
available only if the child continues to meet all eligibility
criteria established under the Program as of the effective date
of this amendatory Act of the 96th General Assembly without a
break in coverage. Nothing contained in this subsection shall
prevent a child from qualifying for any other health benefits
program operated by the Department.
(d) The Department shall seek a waiver of federal
requirements under the Patient Protection and Affordable Care
Act in order to allow the Department to immediately implement
the changes made to this Section by this amendatory Act of the
97th General Assembly. Upon federal waiver approval, the
Department shall promulgate rules necessary to implement the
changes made to this Section by this amendatory Act of the 97th
General Assembly.
(Source: P.A. 96-1272, eff. 1-1-11; 96-1501, eff. 1-25-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".