Bill Text: IL SB2423 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Administration Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall cover immunosuppressive drugs and related services associated with post-kidney transplant care (rather than post-kidney transplant management) for noncitizens who are not eligible for comprehensive medical benefits but meet certain residency and financial eligibility requirements under the Code.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [SB2423 Detail]

Download: Illinois-2023-SB2423-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2423 Introduced 2/10/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
305 ILCS 5/12-4.35
Amends the Administration Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall cover immunosuppressive drugs and related services associated with post-kidney transplant care (rather than post-kidney transplant management) for noncitizens who are not eligible for comprehensive medical benefits but meet certain residency and financial eligibility requirements under the Code.
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A BILL FOR
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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 12-4.35 as follows:
(305 ILCS 5/12-4.35)
Sec. 12-4.35. Medical services for certain noncitizens.
(a) Notwithstanding Section 1-11 of this Code or Section
20(a) of the Children's Health Insurance Program Act, the
Department of Healthcare and Family Services may provide
medical services to noncitizens who have not yet attained 19
years of age and who are not eligible for medical assistance
under Article V of this Code or under the Children's Health
Insurance Program created by the Children's Health Insurance
Program Act due to their not meeting the otherwise applicable
provisions of Section 1-11 of this Code or Section 20(a) of the
Children's Health Insurance Program Act. The medical services
available, standards for eligibility, and other conditions of
participation under this Section shall be established by rule
by the Department; however, any such rule shall be at least as
restrictive as the rules for medical assistance under Article
V of this Code or the Children's Health Insurance Program
created by the Children's Health Insurance Program Act.

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(a-5) Notwithstanding Section 1-11 of this Code, the
Department of Healthcare and Family Services may provide
medical assistance in accordance with Article V of this Code
to noncitizens over the age of 65 years of age who are not
eligible for medical assistance under Article V of this Code
due to their not meeting the otherwise applicable provisions
of Section 1-11 of this Code, whose income is at or below 100%
of the federal poverty level after deducting the costs of
medical or other remedial care, and who would otherwise meet
the eligibility requirements in Section 5-2 of this Code. The
medical services available, standards for eligibility, and
other conditions of participation under this Section shall be
established by rule by the Department; however, any such rule
shall be at least as restrictive as the rules for medical
assistance under Article V of this Code.
(a-6) By May 30, 2022, notwithstanding Section 1-11 of
this Code, the Department of Healthcare and Family Services
may provide medical services to noncitizens 55 years of age
through 64 years of age who (i) are not eligible for medical
assistance under Article V of this Code due to their not
meeting the otherwise applicable provisions of Section 1-11 of
this Code and (ii) have income at or below 133% of the federal
poverty level plus 5% for the applicable family size as
determined under applicable federal law and regulations.
Persons eligible for medical services under Public Act 102-16
shall receive benefits identical to the benefits provided

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under the Health Benefits Service Package as that term is
defined in subsection (m) of Section 5-1.1 of this Code.
(a-7) By July 1, 2022, notwithstanding Section 1-11 of
this Code, the Department of Healthcare and Family Services
may provide medical services to noncitizens 42 years of age
through 54 years of age who (i) are not eligible for medical
assistance under Article V of this Code due to their not
meeting the otherwise applicable provisions of Section 1-11 of
this Code and (ii) have income at or below 133% of the federal
poverty level plus 5% for the applicable family size as
determined under applicable federal law and regulations. The
medical services available, standards for eligibility, and
other conditions of participation under this Section shall be
established by rule by the Department; however, any such rule
shall be at least as restrictive as the rules for medical
assistance under Article V of this Code. In order to provide
for the timely and expeditious implementation of this
subsection, the Department may adopt rules necessary to
establish and implement this subsection through the use of
emergency rulemaking in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the General Assembly
finds that the adoption of rules to implement this subsection
is deemed necessary for the public interest, safety, and
welfare.
(a-10) Notwithstanding the provisions of Section 1-11, the

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Department shall cover immunosuppressive drugs and related
services associated with post-kidney transplant care
management, excluding long-term care costs, for noncitizens
who: (i) are not eligible for comprehensive medical benefits;
(ii) meet the residency requirements of Section 5-3; and (iii)
would meet the financial eligibility requirements of Section
5-2.
(b) The Department is authorized to take any action that
would not otherwise be prohibited by applicable law,
including, without limitation, cessation or limitation of
enrollment, reduction of available medical services, and
changing standards for eligibility, that is deemed necessary
by the Department during a State fiscal year to assure that
payments under this Section do not exceed available funds.
(c) (Blank).
(d) (Blank).
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43,
Article 45, Section 45-5, eff. 7-6-21; 102-813, eff. 5-13-22;
102-1037, eff. 6-2-22.)