IL
Illinois House Bill HB1570

Illinois 2023-2024 Regular Session

Illinois House Bill HB1570 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1570 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new 305 ILCS 5/12-4.35 Amends the Administration Article of the Illinois Public Aid Code. Provides that the amendatory Act may be referred to as the Healthy Illinois for All Law. Provides that by July 1, 2023, the Department of Healthcare and Family Services may provide medical services to noncitizens 19 years of age through 41 years of age who (i) are not eligible for medical assistance due to their not meeting the otherwise applicable provisions under the Code concerning citizenship requirements 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. Provide 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. Requires the Department to establish by rule the medical services available, the standards for eligibility, and other conditions of participation for persons eligible to receive medical services under the amendatory Act. Requires any such rules to be at least as restrictive as the rules for medical assistance. Amends the Illinois Administrative Procedure Act. Grants the Department emergency rulemaking authority to implement the amendatory Act. Effective July 1, 2023. LRB103 05917 KTG 50938 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1570 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new 305 ILCS 5/12-4.35 5 ILCS 100/5-45.35 new 305 ILCS 5/12-4.35 Amends the Administration Article of the Illinois Public Aid Code. Provides that the amendatory Act may be referred to as the Healthy Illinois for All Law. Provides that by July 1, 2023, the Department of Healthcare and Family Services may provide medical services to noncitizens 19 years of age through 41 years of age who (i) are not eligible for medical assistance due to their not meeting the otherwise applicable provisions under the Code concerning citizenship requirements 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. Provide 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. Requires the Department to establish by rule the medical services available, the standards for eligibility, and other conditions of participation for persons eligible to receive medical services under the amendatory Act. Requires any such rules to be at least as restrictive as the rules for medical assistance. Amends the Illinois Administrative Procedure Act. Grants the Department emergency rulemaking authority to implement the amendatory Act. Effective July 1, 2023. LRB103 05917 KTG 50938 b LRB103 05917 KTG 50938 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1570 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED:
33 5 ILCS 100/5-45.35 new 305 ILCS 5/12-4.35 5 ILCS 100/5-45.35 new 305 ILCS 5/12-4.35
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66 Amends the Administration Article of the Illinois Public Aid Code. Provides that the amendatory Act may be referred to as the Healthy Illinois for All Law. Provides that by July 1, 2023, the Department of Healthcare and Family Services may provide medical services to noncitizens 19 years of age through 41 years of age who (i) are not eligible for medical assistance due to their not meeting the otherwise applicable provisions under the Code concerning citizenship requirements 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. Provide 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. Requires the Department to establish by rule the medical services available, the standards for eligibility, and other conditions of participation for persons eligible to receive medical services under the amendatory Act. Requires any such rules to be at least as restrictive as the rules for medical assistance. Amends the Illinois Administrative Procedure Act. Grants the Department emergency rulemaking authority to implement the amendatory Act. Effective July 1, 2023.
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1212 1 AN ACT concerning public aid.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 1. This Act may be referred to as the Healthy
1616 5 Illinois for All Law.
1717 6 Section 5. The Illinois Administrative Procedure Act is
1818 7 amended by adding Section 5-45.35 as follows:
1919 8 (5 ILCS 100/5-45.35 new)
2020 9 Sec. 5-45.35. Emergency rulemaking; Medical services for
2121 10 certain noncitizens 19 years of age through 41 years of age. To
2222 11 provide for the expeditious and timely implementation of
2323 12 subsection (a-8) of Section 12-4.35 of the Illinois Public Aid
2424 13 Code, emergency rules implementing the subsection (a-8) of
2525 14 Section 12-4.35 of the Illinois Public Aid Code may be adopted
2626 15 in accordance with Section 5-45 by the Department of
2727 16 Healthcare and Family Services. The adoption of emergency
2828 17 rules authorized by Section 5-45 and this Section is deemed to
2929 18 be necessary for the public interest, safety, and welfare.
3030 19 This Section is repealed one year after the effective date
3131 20 of this amendatory Act of the 103rd General Assembly.
3232 21 Section 10. The Illinois Public Aid Code is amended by
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3636 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1570 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED:
3737 5 ILCS 100/5-45.35 new 305 ILCS 5/12-4.35 5 ILCS 100/5-45.35 new 305 ILCS 5/12-4.35
3838 5 ILCS 100/5-45.35 new
3939 305 ILCS 5/12-4.35
4040 Amends the Administration Article of the Illinois Public Aid Code. Provides that the amendatory Act may be referred to as the Healthy Illinois for All Law. Provides that by July 1, 2023, the Department of Healthcare and Family Services may provide medical services to noncitizens 19 years of age through 41 years of age who (i) are not eligible for medical assistance due to their not meeting the otherwise applicable provisions under the Code concerning citizenship requirements 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. Provide 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. Requires the Department to establish by rule the medical services available, the standards for eligibility, and other conditions of participation for persons eligible to receive medical services under the amendatory Act. Requires any such rules to be at least as restrictive as the rules for medical assistance. Amends the Illinois Administrative Procedure Act. Grants the Department emergency rulemaking authority to implement the amendatory Act. Effective July 1, 2023.
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6969 1 changing Section 12-4.35 as follows:
7070 2 (305 ILCS 5/12-4.35)
7171 3 Sec. 12-4.35. Medical services for certain noncitizens.
7272 4 (a) Notwithstanding Section 1-11 of this Code or Section
7373 5 20(a) of the Children's Health Insurance Program Act, the
7474 6 Department of Healthcare and Family Services may provide
7575 7 medical services to noncitizens who have not yet attained 19
7676 8 years of age and who are not eligible for medical assistance
7777 9 under Article V of this Code or under the Children's Health
7878 10 Insurance Program created by the Children's Health Insurance
7979 11 Program Act due to their not meeting the otherwise applicable
8080 12 provisions of Section 1-11 of this Code or Section 20(a) of the
8181 13 Children's Health Insurance Program Act. The medical services
8282 14 available, standards for eligibility, and other conditions of
8383 15 participation under this Section shall be established by rule
8484 16 by the Department; however, any such rule shall be at least as
8585 17 restrictive as the rules for medical assistance under Article
8686 18 V of this Code or the Children's Health Insurance Program
8787 19 created by the Children's Health Insurance Program Act.
8888 20 (a-5) Notwithstanding Section 1-11 of this Code, the
8989 21 Department of Healthcare and Family Services may provide
9090 22 medical assistance in accordance with Article V of this Code
9191 23 to noncitizens over the age of 65 years of age who are not
9292 24 eligible for medical assistance under Article V of this Code
9393 25 due to their not meeting the otherwise applicable provisions
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104104 1 of Section 1-11 of this Code, whose income is at or below 100%
105105 2 of the federal poverty level after deducting the costs of
106106 3 medical or other remedial care, and who would otherwise meet
107107 4 the eligibility requirements in Section 5-2 of this Code. The
108108 5 medical services available, standards for eligibility, and
109109 6 other conditions of participation under this Section shall be
110110 7 established by rule by the Department; however, any such rule
111111 8 shall be at least as restrictive as the rules for medical
112112 9 assistance under Article V of this Code.
113113 10 (a-6) By May 30, 2022, notwithstanding Section 1-11 of
114114 11 this Code, the Department of Healthcare and Family Services
115115 12 may provide medical services to noncitizens 55 years of age
116116 13 through 64 years of age who (i) are not eligible for medical
117117 14 assistance under Article V of this Code due to their not
118118 15 meeting the otherwise applicable provisions of Section 1-11 of
119119 16 this Code and (ii) have income at or below 133% of the federal
120120 17 poverty level plus 5% for the applicable family size as
121121 18 determined under applicable federal law and regulations.
122122 19 Persons eligible for medical services under Public Act 102-16
123123 20 shall receive benefits identical to the benefits provided
124124 21 under the Health Benefits Service Package as that term is
125125 22 defined in subsection (m) of Section 5-1.1 of this Code.
126126 23 (a-7) By July 1, 2022, notwithstanding Section 1-11 of
127127 24 this Code, the Department of Healthcare and Family Services
128128 25 may provide medical services to noncitizens 42 years of age
129129 26 through 54 years of age who (i) are not eligible for medical
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140140 1 assistance under Article V of this Code due to their not
141141 2 meeting the otherwise applicable provisions of Section 1-11 of
142142 3 this Code and (ii) have income at or below 133% of the federal
143143 4 poverty level plus 5% for the applicable family size as
144144 5 determined under applicable federal law and regulations. The
145145 6 medical services available, standards for eligibility, and
146146 7 other conditions of participation under this Section shall be
147147 8 established by rule by the Department; however, any such rule
148148 9 shall be at least as restrictive as the rules for medical
149149 10 assistance under Article V of this Code. In order to provide
150150 11 for the timely and expeditious implementation of this
151151 12 subsection, the Department may adopt rules necessary to
152152 13 establish and implement this subsection through the use of
153153 14 emergency rulemaking in accordance with Section 5-45 of the
154154 15 Illinois Administrative Procedure Act. For purposes of the
155155 16 Illinois Administrative Procedure Act, the General Assembly
156156 17 finds that the adoption of rules to implement this subsection
157157 18 is deemed necessary for the public interest, safety, and
158158 19 welfare.
159159 20 (a-8) By July 1, 2023, notwithstanding Section 1-11 of
160160 21 this Code, the Department of Healthcare and Family Services
161161 22 may provide medical services to noncitizens 19 years of age
162162 23 through 41 years of age who (i) are not eligible for medical
163163 24 assistance under Article V of this Code due to their not
164164 25 meeting the otherwise applicable provisions of Section 1-11 of
165165 26 this Code and (ii) have income at or below 133% of the federal
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176176 1 poverty level plus 5% for the applicable family size as
177177 2 determined under applicable federal law and regulations.
178178 3 Persons eligible for medical services under this subsection
179179 4 shall receive benefits identical to the benefits provided
180180 5 under the Health Benefits Service Package as that term is
181181 6 defined in subsection (m) of Section 5-1.1 of this Code. The
182182 7 medical services available, standards for eligibility, and
183183 8 other conditions of participation under this subsection shall
184184 9 be established by rule by the Department. However, any such
185185 10 rules shall be at least as restrictive as the rules for medical
186186 11 assistance under Article V of this Code. In order to provide
187187 12 for the timely and expeditious implementation of this
188188 13 subsection, the Department may adopt rules necessary to
189189 14 establish and implement this subsection through the use of
190190 15 emergency rulemaking in accordance with Section 5-45 of the
191191 16 Illinois Administrative Procedure Act. For purposes of the
192192 17 Illinois Administrative Procedure Act, the General Assembly
193193 18 finds that the adoption of rules to implement this subsection
194194 19 is deemed necessary for the public interest, safety, and
195195 20 welfare.
196196 21 (a-10) Notwithstanding the provisions of Section 1-11, the
197197 22 Department shall cover immunosuppressive drugs and related
198198 23 services associated with post-kidney transplant management,
199199 24 excluding long-term care costs, for noncitizens who: (i) are
200200 25 not eligible for comprehensive medical benefits; (ii) meet the
201201 26 residency requirements of Section 5-3; and (iii) would meet
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212212 1 the financial eligibility requirements of Section 5-2.
213213 2 (b) The Department is authorized to take any action that
214214 3 would not otherwise be prohibited by applicable law,
215215 4 including, without limitation, cessation or limitation of
216216 5 enrollment, reduction of available medical services, and
217217 6 changing standards for eligibility, that is deemed necessary
218218 7 by the Department during a State fiscal year to assure that
219219 8 payments under this Section do not exceed available funds.
220220 9 (c) (Blank).
221221 10 (d) (Blank).
222222 11 (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
223223 12 102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43,
224224 13 Article 45, Section 45-5, eff. 7-6-21; 102-813, eff. 5-13-22;
225225 14 102-1037, eff. 6-2-22.)
226226 15 Section 99. Effective date. This Act takes effect July 1,
227227 16 2023.
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