103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1041 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-2 from Ch. 23, par. 5-2 Amends the Medical Assistance Article of the Illinois Public Aid Code. Extends medical assistance coverage to all women of childbearing age regardless of income level. Requires a hospital licensed under the Hospital Licensing Act or organized under the University of Illinois Hospital Act to complete and submit an application for medical assistance on behalf of every uninsured woman of childbearing age who is admitted to the hospital for inpatient or outpatient services. Provides that upon receipt of an application for medical assistance for a woman of childbearing age, the Department of Human Services shall as soon as practicable enroll the woman into the medical assistance program. Grants the Department of Healthcare and Family Services and the Department of Human Services rulemaking authority to implement the amendatory Act. Requires the Department of Healthcare and Family Services to apply for any federal waivers or State Plan amendments, if required, to implement the amendatory Act. Provides that implementation is contingent on federal approval. Effective immediately. LRB103 04703 KTG 49712 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1041 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-2 from Ch. 23, par. 5-2 305 ILCS 5/5-2 from Ch. 23, par. 5-2 Amends the Medical Assistance Article of the Illinois Public Aid Code. Extends medical assistance coverage to all women of childbearing age regardless of income level. Requires a hospital licensed under the Hospital Licensing Act or organized under the University of Illinois Hospital Act to complete and submit an application for medical assistance on behalf of every uninsured woman of childbearing age who is admitted to the hospital for inpatient or outpatient services. Provides that upon receipt of an application for medical assistance for a woman of childbearing age, the Department of Human Services shall as soon as practicable enroll the woman into the medical assistance program. Grants the Department of Healthcare and Family Services and the Department of Human Services rulemaking authority to implement the amendatory Act. Requires the Department of Healthcare and Family Services to apply for any federal waivers or State Plan amendments, if required, to implement the amendatory Act. Provides that implementation is contingent on federal approval. Effective immediately. LRB103 04703 KTG 49712 b LRB103 04703 KTG 49712 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1041 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-2 from Ch. 23, par. 5-2 305 ILCS 5/5-2 from Ch. 23, par. 5-2 305 ILCS 5/5-2 from Ch. 23, par. 5-2 Amends the Medical Assistance Article of the Illinois Public Aid Code. Extends medical assistance coverage to all women of childbearing age regardless of income level. Requires a hospital licensed under the Hospital Licensing Act or organized under the University of Illinois Hospital Act to complete and submit an application for medical assistance on behalf of every uninsured woman of childbearing age who is admitted to the hospital for inpatient or outpatient services. Provides that upon receipt of an application for medical assistance for a woman of childbearing age, the Department of Human Services shall as soon as practicable enroll the woman into the medical assistance program. Grants the Department of Healthcare and Family Services and the Department of Human Services rulemaking authority to implement the amendatory Act. Requires the Department of Healthcare and Family Services to apply for any federal waivers or State Plan amendments, if required, to implement the amendatory Act. Provides that implementation is contingent on federal approval. Effective immediately. LRB103 04703 KTG 49712 b LRB103 04703 KTG 49712 b LRB103 04703 KTG 49712 b A BILL FOR HB1041LRB103 04703 KTG 49712 b HB1041 LRB103 04703 KTG 49712 b HB1041 LRB103 04703 KTG 49712 b 1 AN ACT concerning public aid. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Public Aid Code is amended by 5 changing Section 5-2 as follows: 6 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2) 7 Sec. 5-2. Classes of persons eligible. Medical assistance 8 under this Article shall be available to any of the following 9 classes of persons in respect to whom a plan for coverage has 10 been submitted to the Governor by the Illinois Department and 11 approved by him. If changes made in this Section 5-2 require 12 federal approval, they shall not take effect until such 13 approval has been received: 14 1. Recipients of basic maintenance grants under 15 Articles III and IV. 16 2. Beginning January 1, 2014, persons otherwise 17 eligible for basic maintenance under Article III, 18 excluding any eligibility requirements that are 19 inconsistent with any federal law or federal regulation, 20 as interpreted by the U.S. Department of Health and Human 21 Services, but who fail to qualify thereunder on the basis 22 of need, and who have insufficient income and resources to 23 meet the costs of necessary medical care, including, but 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1041 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-2 from Ch. 23, par. 5-2 305 ILCS 5/5-2 from Ch. 23, par. 5-2 305 ILCS 5/5-2 from Ch. 23, par. 5-2 Amends the Medical Assistance Article of the Illinois Public Aid Code. Extends medical assistance coverage to all women of childbearing age regardless of income level. Requires a hospital licensed under the Hospital Licensing Act or organized under the University of Illinois Hospital Act to complete and submit an application for medical assistance on behalf of every uninsured woman of childbearing age who is admitted to the hospital for inpatient or outpatient services. Provides that upon receipt of an application for medical assistance for a woman of childbearing age, the Department of Human Services shall as soon as practicable enroll the woman into the medical assistance program. Grants the Department of Healthcare and Family Services and the Department of Human Services rulemaking authority to implement the amendatory Act. Requires the Department of Healthcare and Family Services to apply for any federal waivers or State Plan amendments, if required, to implement the amendatory Act. Provides that implementation is contingent on federal approval. Effective immediately. LRB103 04703 KTG 49712 b LRB103 04703 KTG 49712 b LRB103 04703 KTG 49712 b A BILL FOR 305 ILCS 5/5-2 from Ch. 23, par. 5-2 LRB103 04703 KTG 49712 b HB1041 LRB103 04703 KTG 49712 b HB1041- 2 -LRB103 04703 KTG 49712 b HB1041 - 2 - LRB103 04703 KTG 49712 b HB1041 - 2 - LRB103 04703 KTG 49712 b 1 not limited to, the following: 2 (a) All persons otherwise eligible for basic 3 maintenance under Article III but who fail to qualify 4 under that Article on the basis of need and who meet 5 either of the following requirements: 6 (i) their income, as determined by the 7 Illinois Department in accordance with any federal 8 requirements, is equal to or less than 100% of the 9 federal poverty level; or 10 (ii) their income, after the deduction of 11 costs incurred for medical care and for other 12 types of remedial care, is equal to or less than 13 100% of the federal poverty level. 14 (b) (Blank). 15 3. (Blank). 16 4. Persons not eligible under any of the preceding 17 paragraphs who fall sick, are injured, or die, not having 18 sufficient money, property or other resources to meet the 19 costs of necessary medical care or funeral and burial 20 expenses. 21 5.(a) Beginning January 1, 2020, individuals during 22 pregnancy and during the 12-month period beginning on the 23 last day of the pregnancy, together with their infants, 24 whose income is at or below 200% of the federal poverty 25 level. Until September 30, 2019, or sooner if the 26 maintenance of effort requirements under the Patient HB1041 - 2 - LRB103 04703 KTG 49712 b HB1041- 3 -LRB103 04703 KTG 49712 b HB1041 - 3 - LRB103 04703 KTG 49712 b HB1041 - 3 - LRB103 04703 KTG 49712 b 1 Protection and Affordable Care Act are eliminated or may 2 be waived before then, individuals during pregnancy and 3 during the 12-month period beginning on the last day of 4 the pregnancy, whose countable monthly income, after the 5 deduction of costs incurred for medical care and for other 6 types of remedial care as specified in administrative 7 rule, is equal to or less than the Medical Assistance-No 8 Grant(C) (MANG(C)) Income Standard in effect on April 1, 9 2013 as set forth in administrative rule. 10 (b) The plan for coverage shall provide ambulatory 11 prenatal care to pregnant individuals during a presumptive 12 eligibility period and establish an income eligibility 13 standard that is equal to 200% of the federal poverty 14 level, provided that costs incurred for medical care are 15 not taken into account in determining such income 16 eligibility. 17 (c) The Illinois Department may conduct a 18 demonstration in at least one county that will provide 19 medical assistance to pregnant individuals together with 20 their infants and children up to one year of age, where the 21 income eligibility standard is set up to 185% of the 22 nonfarm income official poverty line, as defined by the 23 federal Office of Management and Budget. The Illinois 24 Department shall seek and obtain necessary authorization 25 provided under federal law to implement such a 26 demonstration. Such demonstration may establish resource HB1041 - 3 - LRB103 04703 KTG 49712 b HB1041- 4 -LRB103 04703 KTG 49712 b HB1041 - 4 - LRB103 04703 KTG 49712 b HB1041 - 4 - LRB103 04703 KTG 49712 b 1 standards that are not more restrictive than those 2 established under Article IV of this Code. 3 6. (a) Subject to federal approval, children younger 4 than age 19 when countable income is at or below 313% of 5 the federal poverty level, as determined by the Department 6 and in accordance with all applicable federal 7 requirements. The Department is authorized to adopt 8 emergency rules to implement the changes made to this 9 paragraph by Public Act 102-43. Until September 30, 2019, 10 or sooner if the maintenance of effort requirements under 11 the Patient Protection and Affordable Care Act are 12 eliminated or may be waived before then, children younger 13 than age 19 whose countable monthly income, after the 14 deduction of costs incurred for medical care and for other 15 types of remedial care as specified in administrative 16 rule, is equal to or less than the Medical Assistance-No 17 Grant(C) (MANG(C)) Income Standard in effect on April 1, 18 2013 as set forth in administrative rule. 19 (b) Children and youth who are under temporary custody 20 or guardianship of the Department of Children and Family 21 Services or who receive financial assistance in support of 22 an adoption or guardianship placement from the Department 23 of Children and Family Services. 24 7. (Blank). 25 8. As required under federal law, persons who are 26 eligible for Transitional Medical Assistance as a result HB1041 - 4 - LRB103 04703 KTG 49712 b HB1041- 5 -LRB103 04703 KTG 49712 b HB1041 - 5 - LRB103 04703 KTG 49712 b HB1041 - 5 - LRB103 04703 KTG 49712 b 1 of an increase in earnings or child or spousal support 2 received. The plan for coverage for this class of persons 3 shall: 4 (a) extend the medical assistance coverage to the 5 extent required by federal law; and 6 (b) offer persons who have initially received 6 7 months of the coverage provided in paragraph (a) 8 above, the option of receiving an additional 6 months 9 of coverage, subject to the following: 10 (i) such coverage shall be pursuant to 11 provisions of the federal Social Security Act; 12 (ii) such coverage shall include all services 13 covered under Illinois' State Medicaid Plan; 14 (iii) no premium shall be charged for such 15 coverage; and 16 (iv) such coverage shall be suspended in the 17 event of a person's failure without good cause to 18 file in a timely fashion reports required for this 19 coverage under the Social Security Act and 20 coverage shall be reinstated upon the filing of 21 such reports if the person remains otherwise 22 eligible. 23 9. Persons with acquired immunodeficiency syndrome 24 (AIDS) or with AIDS-related conditions with respect to 25 whom there has been a determination that but for home or 26 community-based services such individuals would require HB1041 - 5 - LRB103 04703 KTG 49712 b HB1041- 6 -LRB103 04703 KTG 49712 b HB1041 - 6 - LRB103 04703 KTG 49712 b HB1041 - 6 - LRB103 04703 KTG 49712 b 1 the level of care provided in an inpatient hospital, 2 skilled nursing facility or intermediate care facility the 3 cost of which is reimbursed under this Article. Assistance 4 shall be provided to such persons to the maximum extent 5 permitted under Title XIX of the Federal Social Security 6 Act. 7 10. Participants in the long-term care insurance 8 partnership program established under the Illinois 9 Long-Term Care Partnership Program Act who meet the 10 qualifications for protection of resources described in 11 Section 15 of that Act. 12 11. Persons with disabilities who are employed and 13 eligible for Medicaid, pursuant to Section 14 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, 15 subject to federal approval, persons with a medically 16 improved disability who are employed and eligible for 17 Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of 18 the Social Security Act, as provided by the Illinois 19 Department by rule. In establishing eligibility standards 20 under this paragraph 11, the Department shall, subject to 21 federal approval: 22 (a) set the income eligibility standard at not 23 lower than 350% of the federal poverty level; 24 (b) exempt retirement accounts that the person 25 cannot access without penalty before the age of 59 26 1/2, and medical savings accounts established pursuant HB1041 - 6 - LRB103 04703 KTG 49712 b HB1041- 7 -LRB103 04703 KTG 49712 b HB1041 - 7 - LRB103 04703 KTG 49712 b HB1041 - 7 - LRB103 04703 KTG 49712 b 1 to 26 U.S.C. 220; 2 (c) allow non-exempt assets up to $25,000 as to 3 those assets accumulated during periods of eligibility 4 under this paragraph 11; and 5 (d) continue to apply subparagraphs (b) and (c) in 6 determining the eligibility of the person under this 7 Article even if the person loses eligibility under 8 this paragraph 11. 9 12. Subject to federal approval, persons who are 10 eligible for medical assistance coverage under applicable 11 provisions of the federal Social Security Act and the 12 federal Breast and Cervical Cancer Prevention and 13 Treatment Act of 2000. Those eligible persons are defined 14 to include, but not be limited to, the following persons: 15 (1) persons who have been screened for breast or 16 cervical cancer under the U.S. Centers for Disease 17 Control and Prevention Breast and Cervical Cancer 18 Program established under Title XV of the federal 19 Public Health Service Act in accordance with the 20 requirements of Section 1504 of that Act as 21 administered by the Illinois Department of Public 22 Health; and 23 (2) persons whose screenings under the above 24 program were funded in whole or in part by funds 25 appropriated to the Illinois Department of Public 26 Health for breast or cervical cancer screening. HB1041 - 7 - LRB103 04703 KTG 49712 b HB1041- 8 -LRB103 04703 KTG 49712 b HB1041 - 8 - LRB103 04703 KTG 49712 b HB1041 - 8 - LRB103 04703 KTG 49712 b 1 "Medical assistance" under this paragraph 12 shall be 2 identical to the benefits provided under the State's 3 approved plan under Title XIX of the Social Security Act. 4 The Department must request federal approval of the 5 coverage under this paragraph 12 within 30 days after July 6 3, 2001 (the effective date of Public Act 92-47). 7 In addition to the persons who are eligible for 8 medical assistance pursuant to subparagraphs (1) and (2) 9 of this paragraph 12, and to be paid from funds 10 appropriated to the Department for its medical programs, 11 any uninsured person as defined by the Department in rules 12 residing in Illinois who is younger than 65 years of age, 13 who has been screened for breast and cervical cancer in 14 accordance with standards and procedures adopted by the 15 Department of Public Health for screening, and who is 16 referred to the Department by the Department of Public 17 Health as being in need of treatment for breast or 18 cervical cancer is eligible for medical assistance 19 benefits that are consistent with the benefits provided to 20 those persons described in subparagraphs (1) and (2). 21 Medical assistance coverage for the persons who are 22 eligible under the preceding sentence is not dependent on 23 federal approval, but federal moneys may be used to pay 24 for services provided under that coverage upon federal 25 approval. 26 13. Subject to appropriation and to federal approval, HB1041 - 8 - LRB103 04703 KTG 49712 b HB1041- 9 -LRB103 04703 KTG 49712 b HB1041 - 9 - LRB103 04703 KTG 49712 b HB1041 - 9 - LRB103 04703 KTG 49712 b 1 persons living with HIV/AIDS who are not otherwise 2 eligible under this Article and who qualify for services 3 covered under Section 5-5.04 as provided by the Illinois 4 Department by rule. 5 14. Subject to the availability of funds for this 6 purpose, the Department may provide coverage under this 7 Article to persons who reside in Illinois who are not 8 eligible under any of the preceding paragraphs and who 9 meet the income guidelines of paragraph 2(a) of this 10 Section and (i) have an application for asylum pending 11 before the federal Department of Homeland Security or on 12 appeal before a court of competent jurisdiction and are 13 represented either by counsel or by an advocate accredited 14 by the federal Department of Homeland Security and 15 employed by a not-for-profit organization in regard to 16 that application or appeal, or (ii) are receiving services 17 through a federally funded torture treatment center. 18 Medical coverage under this paragraph 14 may be provided 19 for up to 24 continuous months from the initial 20 eligibility date so long as an individual continues to 21 satisfy the criteria of this paragraph 14. If an 22 individual has an appeal pending regarding an application 23 for asylum before the Department of Homeland Security, 24 eligibility under this paragraph 14 may be extended until 25 a final decision is rendered on the appeal. The Department 26 may adopt rules governing the implementation of this HB1041 - 9 - LRB103 04703 KTG 49712 b HB1041- 10 -LRB103 04703 KTG 49712 b HB1041 - 10 - LRB103 04703 KTG 49712 b HB1041 - 10 - LRB103 04703 KTG 49712 b 1 paragraph 14. 2 15. Family Care Eligibility. 3 (a) On and after July 1, 2012, a parent or other 4 caretaker relative who is 19 years of age or older when 5 countable income is at or below 133% of the federal 6 poverty level. A person may not spend down to become 7 eligible under this paragraph 15. 8 (b) Eligibility shall be reviewed annually. 9 (c) (Blank). 10 (d) (Blank). 11 (e) (Blank). 12 (f) (Blank). 13 (g) (Blank). 14 (h) (Blank). 15 (i) Following termination of an individual's 16 coverage under this paragraph 15, the individual must 17 be determined eligible before the person can be 18 re-enrolled. 19 16. Subject to appropriation, uninsured persons who 20 are not otherwise eligible under this Section who have 21 been certified and referred by the Department of Public 22 Health as having been screened and found to need 23 diagnostic evaluation or treatment, or both diagnostic 24 evaluation and treatment, for prostate or testicular 25 cancer. For the purposes of this paragraph 16, uninsured 26 persons are those who do not have creditable coverage, as HB1041 - 10 - LRB103 04703 KTG 49712 b HB1041- 11 -LRB103 04703 KTG 49712 b HB1041 - 11 - LRB103 04703 KTG 49712 b HB1041 - 11 - LRB103 04703 KTG 49712 b 1 defined under the Health Insurance Portability and 2 Accountability Act, or have otherwise exhausted any 3 insurance benefits they may have had, for prostate or 4 testicular cancer diagnostic evaluation or treatment, or 5 both diagnostic evaluation and treatment. To be eligible, 6 a person must furnish a Social Security number. A person's 7 assets are exempt from consideration in determining 8 eligibility under this paragraph 16. Such persons shall be 9 eligible for medical assistance under this paragraph 16 10 for so long as they need treatment for the cancer. A person 11 shall be considered to need treatment if, in the opinion 12 of the person's treating physician, the person requires 13 therapy directed toward cure or palliation of prostate or 14 testicular cancer, including recurrent metastatic cancer 15 that is a known or presumed complication of prostate or 16 testicular cancer and complications resulting from the 17 treatment modalities themselves. Persons who require only 18 routine monitoring services are not considered to need 19 treatment. "Medical assistance" under this paragraph 16 20 shall be identical to the benefits provided under the 21 State's approved plan under Title XIX of the Social 22 Security Act. Notwithstanding any other provision of law, 23 the Department (i) does not have a claim against the 24 estate of a deceased recipient of services under this 25 paragraph 16 and (ii) does not have a lien against any 26 homestead property or other legal or equitable real HB1041 - 11 - LRB103 04703 KTG 49712 b HB1041- 12 -LRB103 04703 KTG 49712 b HB1041 - 12 - LRB103 04703 KTG 49712 b HB1041 - 12 - LRB103 04703 KTG 49712 b 1 property interest owned by a recipient of services under 2 this paragraph 16. 3 17. Persons who, pursuant to a waiver approved by the 4 Secretary of the U.S. Department of Health and Human 5 Services, are eligible for medical assistance under Title 6 XIX or XXI of the federal Social Security Act. 7 Notwithstanding any other provision of this Code and 8 consistent with the terms of the approved waiver, the 9 Illinois Department, may by rule: 10 (a) Limit the geographic areas in which the waiver 11 program operates. 12 (b) Determine the scope, quantity, duration, and 13 quality, and the rate and method of reimbursement, of 14 the medical services to be provided, which may differ 15 from those for other classes of persons eligible for 16 assistance under this Article. 17 (c) Restrict the persons' freedom in choice of 18 providers. 19 18. Beginning January 1, 2014, persons aged 19 or 20 older, but younger than 65, who are not otherwise eligible 21 for medical assistance under this Section 5-2, who qualify 22 for medical assistance pursuant to 42 U.S.C. 23 1396a(a)(10)(A)(i)(VIII) and applicable federal 24 regulations, and who have income at or below 133% of the 25 federal poverty level plus 5% for the applicable family 26 size as determined pursuant to 42 U.S.C. 1396a(e)(14) and HB1041 - 12 - LRB103 04703 KTG 49712 b HB1041- 13 -LRB103 04703 KTG 49712 b HB1041 - 13 - LRB103 04703 KTG 49712 b HB1041 - 13 - LRB103 04703 KTG 49712 b 1 applicable federal regulations. Persons eligible for 2 medical assistance under this paragraph 18 shall receive 3 coverage for the Health Benefits Service Package as that 4 term is defined in subsection (m) of Section 5-1.1 of this 5 Code. If Illinois' federal medical assistance percentage 6 (FMAP) is reduced below 90% for persons eligible for 7 medical assistance under this paragraph 18, eligibility 8 under this paragraph 18 shall cease no later than the end 9 of the third month following the month in which the 10 reduction in FMAP takes effect. 11 19. Beginning January 1, 2014, as required under 42 12 U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 13 and younger than age 26 who are not otherwise eligible for 14 medical assistance under paragraphs (1) through (17) of 15 this Section who (i) were in foster care under the 16 responsibility of the State on the date of attaining age 17 18 or on the date of attaining age 21 when a court has 18 continued wardship for good cause as provided in Section 19 2-31 of the Juvenile Court Act of 1987 and (ii) received 20 medical assistance under the Illinois Title XIX State Plan 21 or waiver of such plan while in foster care. 22 20. Beginning January 1, 2018, persons who are 23 foreign-born victims of human trafficking, torture, or 24 other serious crimes as defined in Section 2-19 of this 25 Code and their derivative family members if such persons: 26 (i) reside in Illinois; (ii) are not eligible under any of HB1041 - 13 - LRB103 04703 KTG 49712 b HB1041- 14 -LRB103 04703 KTG 49712 b HB1041 - 14 - LRB103 04703 KTG 49712 b HB1041 - 14 - LRB103 04703 KTG 49712 b 1 the preceding paragraphs; (iii) meet the income guidelines 2 of subparagraph (a) of paragraph 2; and (iv) meet the 3 nonfinancial eligibility requirements of Sections 16-2, 4 16-3, and 16-5 of this Code. The Department may extend 5 medical assistance for persons who are foreign-born 6 victims of human trafficking, torture, or other serious 7 crimes whose medical assistance would be terminated 8 pursuant to subsection (b) of Section 16-5 if the 9 Department determines that the person, during the year of 10 initial eligibility (1) experienced a health crisis, (2) 11 has been unable, after reasonable attempts, to obtain 12 necessary information from a third party, or (3) has other 13 extenuating circumstances that prevented the person from 14 completing his or her application for status. The 15 Department may adopt any rules necessary to implement the 16 provisions of this paragraph. 17 21. Persons who are not otherwise eligible for medical 18 assistance under this Section who may qualify for medical 19 assistance pursuant to 42 U.S.C. 20 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the 21 duration of any federal or State declared emergency due to 22 COVID-19. Medical assistance to persons eligible for 23 medical assistance solely pursuant to this paragraph 21 24 shall be limited to any in vitro diagnostic product (and 25 the administration of such product) described in 42 U.S.C. 26 1396d(a)(3)(B) on or after March 18, 2020, any visit HB1041 - 14 - LRB103 04703 KTG 49712 b HB1041- 15 -LRB103 04703 KTG 49712 b HB1041 - 15 - LRB103 04703 KTG 49712 b HB1041 - 15 - LRB103 04703 KTG 49712 b 1 described in 42 U.S.C. 1396o(a)(2)(G), or any other 2 medical assistance that may be federally authorized for 3 this class of persons. The Department may also cover 4 treatment of COVID-19 for this class of persons, or any 5 similar category of uninsured individuals, to the extent 6 authorized under a federally approved 1115 Waiver or other 7 federal authority. Notwithstanding the provisions of 8 Section 1-11 of this Code, due to the nature of the 9 COVID-19 public health emergency, the Department may cover 10 and provide the medical assistance described in this 11 paragraph 21 to noncitizens who would otherwise meet the 12 eligibility requirements for the class of persons 13 described in this paragraph 21 for the duration of the 14 State emergency period. 15 22. All women of childbearing age regardless of income 16 level. A hospital licensed under the Hospital Licensing 17 Act or organized under the University of Illinois Hospital 18 Act must complete and submit an application for medical 19 assistance on behalf of every uninsured woman of 20 childbearing age who is admitted to the hospital for 21 inpatient or outpatient services. Upon receipt of an 22 application for medical assistance for a woman of 23 childbearing age, the Department of Human Services shall 24 as soon as practicable enroll the woman into the medical 25 assistance program. The Department of Healthcare and 26 Family Services and the Department of Human Services may HB1041 - 15 - LRB103 04703 KTG 49712 b HB1041- 16 -LRB103 04703 KTG 49712 b HB1041 - 16 - LRB103 04703 KTG 49712 b HB1041 - 16 - LRB103 04703 KTG 49712 b 1 adopt any rules necessary to implement this paragraph. The 2 Department of Healthcare and Family Services shall apply 3 for any federal waivers or State Plan amendments, if 4 required, to implement this paragraph. Implementation of 5 this paragraph is contingent on federal approval. 6 In implementing the provisions of Public Act 96-20, the 7 Department is authorized to adopt only those rules necessary, 8 including emergency rules. Nothing in Public Act 96-20 permits 9 the Department to adopt rules or issue a decision that expands 10 eligibility for the FamilyCare Program to a person whose 11 income exceeds 185% of the Federal Poverty Level as determined 12 from time to time by the U.S. Department of Health and Human 13 Services, unless the Department is provided with express 14 statutory authority. 15 The eligibility of any such person for medical assistance 16 under this Article is not affected by the payment of any grant 17 under the Senior Citizens and Persons with Disabilities 18 Property Tax Relief Act or any distributions or items of 19 income described under subparagraph (X) of paragraph (2) of 20 subsection (a) of Section 203 of the Illinois Income Tax Act. 21 The Department shall by rule establish the amounts of 22 assets to be disregarded in determining eligibility for 23 medical assistance, which shall at a minimum equal the amounts 24 to be disregarded under the Federal Supplemental Security 25 Income Program. The amount of assets of a single person to be 26 disregarded shall not be less than $2,000, and the amount of HB1041 - 16 - LRB103 04703 KTG 49712 b HB1041- 17 -LRB103 04703 KTG 49712 b HB1041 - 17 - LRB103 04703 KTG 49712 b HB1041 - 17 - LRB103 04703 KTG 49712 b 1 assets of a married couple to be disregarded shall not be less 2 than $3,000. 3 To the extent permitted under federal law, any person 4 found guilty of a second violation of Article VIIIA shall be 5 ineligible for medical assistance under this Article, as 6 provided in Section 8A-8. 7 The eligibility of any person for medical assistance under 8 this Article shall not be affected by the receipt by the person 9 of donations or benefits from fundraisers held for the person 10 in cases of serious illness, as long as neither the person nor 11 members of the person's family have actual control over the 12 donations or benefits or the disbursement of the donations or 13 benefits. 14 Notwithstanding any other provision of this Code, if the 15 United States Supreme Court holds Title II, Subtitle A, 16 Section 2001(a) of Public Law 111-148 to be unconstitutional, 17 or if a holding of Public Law 111-148 makes Medicaid 18 eligibility allowed under Section 2001(a) inoperable, the 19 State or a unit of local government shall be prohibited from 20 enrolling individuals in the Medical Assistance Program as the 21 result of federal approval of a State Medicaid waiver on or 22 after June 14, 2012 (the effective date of Public Act 97-687), 23 and any individuals enrolled in the Medical Assistance Program 24 pursuant to eligibility permitted as a result of such a State 25 Medicaid waiver shall become immediately ineligible. 26 Notwithstanding any other provision of this Code, if an HB1041 - 17 - LRB103 04703 KTG 49712 b HB1041- 18 -LRB103 04703 KTG 49712 b HB1041 - 18 - LRB103 04703 KTG 49712 b HB1041 - 18 - LRB103 04703 KTG 49712 b 1 Act of Congress that becomes a Public Law eliminates Section 2 2001(a) of Public Law 111-148, the State or a unit of local 3 government shall be prohibited from enrolling individuals in 4 the Medical Assistance Program as the result of federal 5 approval of a State Medicaid waiver on or after June 14, 2012 6 (the effective date of Public Act 97-687), and any individuals 7 enrolled in the Medical Assistance Program pursuant to 8 eligibility permitted as a result of such a State Medicaid 9 waiver shall become immediately ineligible. 10 Effective October 1, 2013, the determination of 11 eligibility of persons who qualify under paragraphs 5, 6, 8, 12 15, 17, and 18 of this Section shall comply with the 13 requirements of 42 U.S.C. 1396a(e)(14) and applicable federal 14 regulations. 15 The Department of Healthcare and Family Services, the 16 Department of Human Services, and the Illinois health 17 insurance marketplace shall work cooperatively to assist 18 persons who would otherwise lose health benefits as a result 19 of changes made under Public Act 98-104 to transition to other 20 health insurance coverage. 21 (Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20; 22 102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff. 23 10-8-21; 102-813, eff. 5-13-22.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law. HB1041 - 18 - LRB103 04703 KTG 49712 b