1 | 1 | | 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. LRB103 29727 KTG 56133 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2423 Introduced 2/10/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 305 ILCS 5/12-4.35 305 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. LRB103 29727 KTG 56133 b LRB103 29727 KTG 56133 b A BILL FOR |
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2 | 2 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2423 Introduced 2/10/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: |
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3 | 3 | | 305 ILCS 5/12-4.35 305 ILCS 5/12-4.35 |
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4 | 4 | | 305 ILCS 5/12-4.35 |
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5 | 5 | | 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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6 | 6 | | LRB103 29727 KTG 56133 b LRB103 29727 KTG 56133 b |
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7 | 7 | | LRB103 29727 KTG 56133 b |
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8 | 8 | | A BILL FOR |
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9 | 9 | | SB2423LRB103 29727 KTG 56133 b SB2423 LRB103 29727 KTG 56133 b |
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10 | 10 | | SB2423 LRB103 29727 KTG 56133 b |
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11 | 11 | | 1 AN ACT concerning public aid. |
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12 | 12 | | 2 Be it enacted by the People of the State of Illinois, |
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13 | 13 | | 3 represented in the General Assembly: |
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14 | 14 | | 4 Section 5. The Illinois Public Aid Code is amended by |
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15 | 15 | | 5 changing Section 12-4.35 as follows: |
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16 | 16 | | 6 (305 ILCS 5/12-4.35) |
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17 | 17 | | 7 Sec. 12-4.35. Medical services for certain noncitizens. |
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18 | 18 | | 8 (a) Notwithstanding Section 1-11 of this Code or Section |
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19 | 19 | | 9 20(a) of the Children's Health Insurance Program Act, the |
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20 | 20 | | 10 Department of Healthcare and Family Services may provide |
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21 | 21 | | 11 medical services to noncitizens who have not yet attained 19 |
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22 | 22 | | 12 years of age and who are not eligible for medical assistance |
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23 | 23 | | 13 under Article V of this Code or under the Children's Health |
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24 | 24 | | 14 Insurance Program created by the Children's Health Insurance |
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25 | 25 | | 15 Program Act due to their not meeting the otherwise applicable |
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26 | 26 | | 16 provisions of Section 1-11 of this Code or Section 20(a) of the |
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27 | 27 | | 17 Children's Health Insurance Program Act. The medical services |
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28 | 28 | | 18 available, standards for eligibility, and other conditions of |
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29 | 29 | | 19 participation under this Section shall be established by rule |
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30 | 30 | | 20 by the Department; however, any such rule shall be at least as |
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31 | 31 | | 21 restrictive as the rules for medical assistance under Article |
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32 | 32 | | 22 V of this Code or the Children's Health Insurance Program |
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33 | 33 | | 23 created by the Children's Health Insurance Program Act. |
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36 | 36 | | |
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37 | 37 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2423 Introduced 2/10/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: |
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38 | 38 | | 305 ILCS 5/12-4.35 305 ILCS 5/12-4.35 |
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39 | 39 | | 305 ILCS 5/12-4.35 |
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40 | 40 | | 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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41 | 41 | | LRB103 29727 KTG 56133 b LRB103 29727 KTG 56133 b |
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42 | 42 | | LRB103 29727 KTG 56133 b |
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43 | 43 | | A BILL FOR |
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48 | 48 | | |
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49 | 49 | | 305 ILCS 5/12-4.35 |
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53 | 53 | | LRB103 29727 KTG 56133 b |
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63 | 63 | | SB2423 LRB103 29727 KTG 56133 b |
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66 | 66 | | SB2423- 2 -LRB103 29727 KTG 56133 b SB2423 - 2 - LRB103 29727 KTG 56133 b |
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67 | 67 | | SB2423 - 2 - LRB103 29727 KTG 56133 b |
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68 | 68 | | 1 (a-5) Notwithstanding Section 1-11 of this Code, the |
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69 | 69 | | 2 Department of Healthcare and Family Services may provide |
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70 | 70 | | 3 medical assistance in accordance with Article V of this Code |
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71 | 71 | | 4 to noncitizens over the age of 65 years of age who are not |
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72 | 72 | | 5 eligible for medical assistance under Article V of this Code |
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73 | 73 | | 6 due to their not meeting the otherwise applicable provisions |
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74 | 74 | | 7 of Section 1-11 of this Code, whose income is at or below 100% |
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75 | 75 | | 8 of the federal poverty level after deducting the costs of |
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76 | 76 | | 9 medical or other remedial care, and who would otherwise meet |
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77 | 77 | | 10 the eligibility requirements in Section 5-2 of this Code. The |
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78 | 78 | | 11 medical services available, standards for eligibility, and |
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79 | 79 | | 12 other conditions of participation under this Section shall be |
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80 | 80 | | 13 established by rule by the Department; however, any such rule |
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81 | 81 | | 14 shall be at least as restrictive as the rules for medical |
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82 | 82 | | 15 assistance under Article V of this Code. |
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83 | 83 | | 16 (a-6) By May 30, 2022, notwithstanding Section 1-11 of |
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84 | 84 | | 17 this Code, the Department of Healthcare and Family Services |
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85 | 85 | | 18 may provide medical services to noncitizens 55 years of age |
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86 | 86 | | 19 through 64 years of age who (i) are not eligible for medical |
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87 | 87 | | 20 assistance under Article V of this Code due to their not |
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88 | 88 | | 21 meeting the otherwise applicable provisions of Section 1-11 of |
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89 | 89 | | 22 this Code and (ii) have income at or below 133% of the federal |
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90 | 90 | | 23 poverty level plus 5% for the applicable family size as |
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91 | 91 | | 24 determined under applicable federal law and regulations. |
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92 | 92 | | 25 Persons eligible for medical services under Public Act 102-16 |
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93 | 93 | | 26 shall receive benefits identical to the benefits provided |
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99 | 99 | | SB2423 - 2 - LRB103 29727 KTG 56133 b |
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102 | 102 | | SB2423- 3 -LRB103 29727 KTG 56133 b SB2423 - 3 - LRB103 29727 KTG 56133 b |
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103 | 103 | | SB2423 - 3 - LRB103 29727 KTG 56133 b |
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104 | 104 | | 1 under the Health Benefits Service Package as that term is |
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105 | 105 | | 2 defined in subsection (m) of Section 5-1.1 of this Code. |
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106 | 106 | | 3 (a-7) By July 1, 2022, notwithstanding Section 1-11 of |
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107 | 107 | | 4 this Code, the Department of Healthcare and Family Services |
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108 | 108 | | 5 may provide medical services to noncitizens 42 years of age |
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109 | 109 | | 6 through 54 years of age who (i) are not eligible for medical |
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110 | 110 | | 7 assistance under Article V of this Code due to their not |
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111 | 111 | | 8 meeting the otherwise applicable provisions of Section 1-11 of |
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112 | 112 | | 9 this Code and (ii) have income at or below 133% of the federal |
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113 | 113 | | 10 poverty level plus 5% for the applicable family size as |
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114 | 114 | | 11 determined under applicable federal law and regulations. The |
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115 | 115 | | 12 medical services available, standards for eligibility, and |
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116 | 116 | | 13 other conditions of participation under this Section shall be |
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117 | 117 | | 14 established by rule by the Department; however, any such rule |
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118 | 118 | | 15 shall be at least as restrictive as the rules for medical |
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119 | 119 | | 16 assistance under Article V of this Code. In order to provide |
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120 | 120 | | 17 for the timely and expeditious implementation of this |
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121 | 121 | | 18 subsection, the Department may adopt rules necessary to |
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122 | 122 | | 19 establish and implement this subsection through the use of |
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123 | 123 | | 20 emergency rulemaking in accordance with Section 5-45 of the |
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124 | 124 | | 21 Illinois Administrative Procedure Act. For purposes of the |
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125 | 125 | | 22 Illinois Administrative Procedure Act, the General Assembly |
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126 | 126 | | 23 finds that the adoption of rules to implement this subsection |
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127 | 127 | | 24 is deemed necessary for the public interest, safety, and |
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128 | 128 | | 25 welfare. |
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129 | 129 | | 26 (a-10) Notwithstanding the provisions of Section 1-11, the |
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135 | 135 | | SB2423 - 3 - LRB103 29727 KTG 56133 b |
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138 | 138 | | SB2423- 4 -LRB103 29727 KTG 56133 b SB2423 - 4 - LRB103 29727 KTG 56133 b |
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139 | 139 | | SB2423 - 4 - LRB103 29727 KTG 56133 b |
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140 | 140 | | 1 Department shall cover immunosuppressive drugs and related |
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141 | 141 | | 2 services associated with post-kidney transplant care |
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142 | 142 | | 3 management, excluding long-term care costs, for noncitizens |
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143 | 143 | | 4 who: (i) are not eligible for comprehensive medical benefits; |
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144 | 144 | | 5 (ii) meet the residency requirements of Section 5-3; and (iii) |
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145 | 145 | | 6 would meet the financial eligibility requirements of Section |
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146 | 146 | | 7 5-2. |
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147 | 147 | | 8 (b) The Department is authorized to take any action that |
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148 | 148 | | 9 would not otherwise be prohibited by applicable law, |
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149 | 149 | | 10 including, without limitation, cessation or limitation of |
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150 | 150 | | 11 enrollment, reduction of available medical services, and |
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151 | 151 | | 12 changing standards for eligibility, that is deemed necessary |
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152 | 152 | | 13 by the Department during a State fiscal year to assure that |
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153 | 153 | | 14 payments under this Section do not exceed available funds. |
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154 | 154 | | 15 (c) (Blank). |
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155 | 155 | | 16 (d) (Blank). |
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156 | 156 | | 17 (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
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157 | 157 | | 18 102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43, |
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158 | 158 | | 19 Article 45, Section 45-5, eff. 7-6-21; 102-813, eff. 5-13-22; |
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159 | 159 | | 20 102-1037, eff. 6-2-22.) |
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165 | 165 | | SB2423 - 4 - LRB103 29727 KTG 56133 b |
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