Bill Text: IL SB3989 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Public Aid Code. Provides that by January 1, 2023, the Department of Healthcare and Family Services may provide medical services to noncitizens aged 19 or older, but younger than 55, who (i) are not eligible for medical assistance under Article V of the Code due to their not meeting the otherwise applicable provisions of the Code concerning citizenship 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. Provides that persons eligible for medical services under the amendatory Act shall receive benefits identical to the benefits provided under the Health Benefits Service Package as that term is defined in the Code. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-04-18 - Added as Co-Sponsor Sen. Jacqueline Y. Collins [SB3989 Detail]

Download: Illinois-2021-SB3989-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3989 Introduced 1/21/2022, by Sen. Cristina H. Pacione-Zayas SYNOPSIS AS INTRODUCED:
305 ILCS 5/12-4.35
Amends the Illinois Public Aid Code. Provides that by January 1, 2023, the Department of Healthcare and Family Services may provide medical services to noncitizens aged 19 or older, but younger than 55, who (i) are not eligible for medical assistance under Article V of the Code due to their not meeting the otherwise applicable provisions of the Code concerning citizenship 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. Provides that persons eligible for medical services under the amendatory Act shall receive benefits identical to the benefits provided under the Health Benefits Service Package as that term is defined in the Code. Effective immediately.
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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
this amendatory Act of the 102nd General Assembly shall

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receive benefits identical to the benefits provided 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 January 1, 2023, notwithstanding Section 1-11 of
this Code, the Department of Healthcare and Family Services
may provide medical services to noncitizens aged 19 or older,
but younger than 55, 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 this amendatory
Act of the 102nd General Assembly shall receive benefits
identical to the benefits provided under the Health Benefits
Service Package as that term is defined in subsection (m) of
Section 5-1.1 of this Code.
(a-10) Notwithstanding the provisions of Section 1-11, the
Department shall cover immunosuppressive drugs and related
services associated with post-kidney transplant 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,

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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; revised 7-15-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.