103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1498 Introduced 2/7/2023, by Sen. Karina Villa 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 may provide medical services to noncitizens who meet the definition of "person with a disability" under the Senior Citizens and Persons with Disabilities Property Tax Relief Act and who (i) are not eligible for medical assistance under the Medical Assistance Article of the Code due to their not meeting the otherwise applicable provisions under 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. LRB103 25968 KTG 52320 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1498 Introduced 2/7/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 305 ILCS 5/12-4.35 305 ILCS 5/12-4.35 Amends the Administration Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may provide medical services to noncitizens who meet the definition of "person with a disability" under the Senior Citizens and Persons with Disabilities Property Tax Relief Act and who (i) are not eligible for medical assistance under the Medical Assistance Article of the Code due to their not meeting the otherwise applicable provisions under 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. LRB103 25968 KTG 52320 b LRB103 25968 KTG 52320 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1498 Introduced 2/7/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 305 ILCS 5/12-4.35 305 ILCS 5/12-4.35 305 ILCS 5/12-4.35 Amends the Administration Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may provide medical services to noncitizens who meet the definition of "person with a disability" under the Senior Citizens and Persons with Disabilities Property Tax Relief Act and who (i) are not eligible for medical assistance under the Medical Assistance Article of the Code due to their not meeting the otherwise applicable provisions under 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. LRB103 25968 KTG 52320 b LRB103 25968 KTG 52320 b LRB103 25968 KTG 52320 b A BILL FOR SB1498LRB103 25968 KTG 52320 b SB1498 LRB103 25968 KTG 52320 b SB1498 LRB103 25968 KTG 52320 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 12-4.35 as follows: 6 (305 ILCS 5/12-4.35) 7 Sec. 12-4.35. Medical services for certain noncitizens. 8 (a) Notwithstanding Section 1-11 of this Code or Section 9 20(a) of the Children's Health Insurance Program Act, the 10 Department of Healthcare and Family Services may provide 11 medical services to noncitizens who have not yet attained 19 12 years of age and who are not eligible for medical assistance 13 under Article V of this Code or under the Children's Health 14 Insurance Program created by the Children's Health Insurance 15 Program Act due to their not meeting the otherwise applicable 16 provisions of Section 1-11 of this Code or Section 20(a) of the 17 Children's Health Insurance Program Act. The medical services 18 available, standards for eligibility, and other conditions of 19 participation under this Section shall be established by rule 20 by the Department; however, any such rule shall be at least as 21 restrictive as the rules for medical assistance under Article 22 V of this Code or the Children's Health Insurance Program 23 created by the Children's Health Insurance Program Act. 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1498 Introduced 2/7/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 305 ILCS 5/12-4.35 305 ILCS 5/12-4.35 305 ILCS 5/12-4.35 Amends the Administration Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may provide medical services to noncitizens who meet the definition of "person with a disability" under the Senior Citizens and Persons with Disabilities Property Tax Relief Act and who (i) are not eligible for medical assistance under the Medical Assistance Article of the Code due to their not meeting the otherwise applicable provisions under 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. LRB103 25968 KTG 52320 b LRB103 25968 KTG 52320 b LRB103 25968 KTG 52320 b A BILL FOR 305 ILCS 5/12-4.35 LRB103 25968 KTG 52320 b SB1498 LRB103 25968 KTG 52320 b SB1498- 2 -LRB103 25968 KTG 52320 b SB1498 - 2 - LRB103 25968 KTG 52320 b SB1498 - 2 - LRB103 25968 KTG 52320 b 1 (a-5) Notwithstanding Section 1-11 of this Code, the 2 Department of Healthcare and Family Services may provide 3 medical assistance in accordance with Article V of this Code 4 to noncitizens over the age of 65 years of age who are not 5 eligible for medical assistance under Article V of this Code 6 due to their not meeting the otherwise applicable provisions 7 of Section 1-11 of this Code, whose income is at or below 100% 8 of the federal poverty level after deducting the costs of 9 medical or other remedial care, and who would otherwise meet 10 the eligibility requirements in Section 5-2 of this Code. The 11 medical services available, standards for eligibility, and 12 other conditions of participation under this Section shall be 13 established by rule by the Department; however, any such rule 14 shall be at least as restrictive as the rules for medical 15 assistance under Article V of this Code. 16 (a-6) By May 30, 2022, notwithstanding Section 1-11 of 17 this Code, the Department of Healthcare and Family Services 18 may provide medical services to noncitizens 55 years of age 19 through 64 years of age who (i) are not eligible for medical 20 assistance under Article V of this Code due to their not 21 meeting the otherwise applicable provisions of Section 1-11 of 22 this Code and (ii) have income at or below 133% of the federal 23 poverty level plus 5% for the applicable family size as 24 determined under applicable federal law and regulations. 25 Persons eligible for medical services under Public Act 102-16 26 shall receive benefits identical to the benefits provided SB1498 - 2 - LRB103 25968 KTG 52320 b SB1498- 3 -LRB103 25968 KTG 52320 b SB1498 - 3 - LRB103 25968 KTG 52320 b SB1498 - 3 - LRB103 25968 KTG 52320 b 1 under the Health Benefits Service Package as that term is 2 defined in subsection (m) of Section 5-1.1 of this Code. 3 (a-7) By July 1, 2022, notwithstanding Section 1-11 of 4 this Code, the Department of Healthcare and Family Services 5 may provide medical services to noncitizens 42 years of age 6 through 54 years of age who (i) are not eligible for medical 7 assistance under Article V of this Code due to their not 8 meeting the otherwise applicable provisions of Section 1-11 of 9 this Code and (ii) have income at or below 133% of the federal 10 poverty level plus 5% for the applicable family size as 11 determined under applicable federal law and regulations. The 12 medical services available, standards for eligibility, and 13 other conditions of participation under this Section shall be 14 established by rule by the Department; however, any such rule 15 shall be at least as restrictive as the rules for medical 16 assistance under Article V of this Code. In order to provide 17 for the timely and expeditious implementation of this 18 subsection, the Department may adopt rules necessary to 19 establish and implement this subsection through the use of 20 emergency rulemaking in accordance with Section 5-45 of the 21 Illinois Administrative Procedure Act. For purposes of the 22 Illinois Administrative Procedure Act, the General Assembly 23 finds that the adoption of rules to implement this subsection 24 is deemed necessary for the public interest, safety, and 25 welfare. 26 (a-8) Notwithstanding Section 1-11 of this Code, the SB1498 - 3 - LRB103 25968 KTG 52320 b SB1498- 4 -LRB103 25968 KTG 52320 b SB1498 - 4 - LRB103 25968 KTG 52320 b SB1498 - 4 - LRB103 25968 KTG 52320 b 1 Department of Healthcare and Family Services may provide 2 medical services to noncitizens who meet the definition of 3 "person with a disability" under Section 3.14 of the Senior 4 Citizens and Persons with Disabilities Property Tax Relief Act 5 and who (i) are not eligible for medical assistance under 6 Article V of this Code due to their not meeting the otherwise 7 applicable provisions of Section 1-11 of this Code and (ii) 8 have income at or below 133% of the federal poverty level plus 9 5% for the applicable family size as determined under 10 applicable federal law and regulations. Persons eligible for 11 medical services under this amendatory Act of the 103rd 12 General Assembly shall receive benefits identical to the 13 benefits provided under the Health Benefits Service Package as 14 that term is defined in subsection (m) of Section 5-1.1 of this 15 Code. 16 (a-10) Notwithstanding the provisions of Section 1-11, the 17 Department shall cover immunosuppressive drugs and related 18 services associated with post-kidney transplant management, 19 excluding long-term care costs, for noncitizens who: (i) are 20 not eligible for comprehensive medical benefits; (ii) meet the 21 residency requirements of Section 5-3; and (iii) would meet 22 the financial eligibility requirements of Section 5-2. 23 (b) The Department is authorized to take any action that 24 would not otherwise be prohibited by applicable law, 25 including, without limitation, cessation or limitation of 26 enrollment, reduction of available medical services, and SB1498 - 4 - LRB103 25968 KTG 52320 b SB1498- 5 -LRB103 25968 KTG 52320 b SB1498 - 5 - LRB103 25968 KTG 52320 b SB1498 - 5 - LRB103 25968 KTG 52320 b 1 changing standards for eligibility, that is deemed necessary 2 by the Department during a State fiscal year to assure that 3 payments under this Section do not exceed available funds. 4 (c) (Blank). 5 (d) (Blank). 6 (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 7 102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43, 8 Article 45, Section 45-5, eff. 7-6-21; 102-813, eff. 5-13-22; 9 102-1037, eff. 6-2-22.) SB1498 - 5 - LRB103 25968 KTG 52320 b