Illinois 2025-2026 Regular Session

Illinois House Bill HB1568 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1568 Introduced , by Rep. Hoan Huynh 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. In provisions concerning medical assistance for employed persons with disabilities and employed persons with a medically improved disability, provides that, subject to federal approval, the Department of Healthcare and Family Services shall eliminate income eligibility standards for such persons to the extent permitted by federal law and shall eliminate the consideration of assets when determining such persons eligibility for medical assistance to the extent permitted by federal law. LRB104 06181 KTG 16215 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1568 Introduced , by Rep. Hoan Huynh 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. In provisions concerning medical assistance for employed persons with disabilities and employed persons with a medically improved disability, provides that, subject to federal approval, the Department of Healthcare and Family Services shall eliminate income eligibility standards for such persons to the extent permitted by federal law and shall eliminate the consideration of assets when determining such persons eligibility for medical assistance to the extent permitted by federal law. LRB104 06181 KTG 16215 b LRB104 06181 KTG 16215 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1568 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
3	3	305 ILCS 5/5-2 from Ch. 23, par. 5-2 305 ILCS 5/5-2 from Ch. 23, par. 5-2
4	4	305 ILCS 5/5-2 from Ch. 23, par. 5-2
5	5	Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions concerning medical assistance for employed persons with disabilities and employed persons with a medically improved disability, provides that, subject to federal approval, the Department of Healthcare and Family Services shall eliminate income eligibility standards for such persons to the extent permitted by federal law and shall eliminate the consideration of assets when determining such persons eligibility for medical assistance to the extent permitted by federal law.
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8	8	A BILL FOR
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10	10	HB1568 LRB104 06181 KTG 16215 b
11	11	1 AN ACT concerning public aid.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Public Aid Code is amended by
15	15	5 changing Section 5-2 as follows:
16	16	6 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
17	17	7 Sec. 5-2. Classes of persons eligible. Medical assistance
18	18	8 under this Article shall be available to any of the following
19	19	9 classes of persons in respect to whom a plan for coverage has
20	20	10 been submitted to the Governor by the Illinois Department and
21	21	11 approved by him. If changes made in this Section 5-2 require
22	22	12 federal approval, they shall not take effect until such
23	23	13 approval has been received:
24	24	14 1. Recipients of basic maintenance grants under
25	25	15 Articles III and IV.
26	26	16 2. Beginning January 1, 2014, persons otherwise
27	27	17 eligible for basic maintenance under Article III,
28	28	18 excluding any eligibility requirements that are
29	29	19 inconsistent with any federal law or federal regulation,
30	30	20 as interpreted by the U.S. Department of Health and Human
31	31	21 Services, but who fail to qualify thereunder on the basis
32	32	22 of need, and who have insufficient income and resources to
33	33	23 meet the costs of necessary medical care, including, but
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1568 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
38	38	305 ILCS 5/5-2 from Ch. 23, par. 5-2 305 ILCS 5/5-2 from Ch. 23, par. 5-2
39	39	305 ILCS 5/5-2 from Ch. 23, par. 5-2
40	40	Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions concerning medical assistance for employed persons with disabilities and employed persons with a medically improved disability, provides that, subject to federal approval, the Department of Healthcare and Family Services shall eliminate income eligibility standards for such persons to the extent permitted by federal law and shall eliminate the consideration of assets when determining such persons eligibility for medical assistance to the extent permitted by federal law.
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43	43	A BILL FOR
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68	68	1 not limited to, the following:
69	69	2 (a) All persons otherwise eligible for basic
70	70	3 maintenance under Article III but who fail to qualify
71	71	4 under that Article on the basis of need and who meet
72	72	5 either of the following requirements:
73	73	6 (i) their income, as determined by the
74	74	7 Illinois Department in accordance with any federal
75	75	8 requirements, is equal to or less than 100% of the
76	76	9 federal poverty level; or
77	77	10 (ii) their income, after the deduction of
78	78	11 costs incurred for medical care and for other
79	79	12 types of remedial care, is equal to or less than
80	80	13 100% of the federal poverty level.
81	81	14 (b) (Blank).
82	82	15 3. (Blank).
83	83	16 4. Persons not eligible under any of the preceding
84	84	17 paragraphs who fall sick, are injured, or die, not having
85	85	18 sufficient money, property or other resources to meet the
86	86	19 costs of necessary medical care or funeral and burial
87	87	20 expenses.
88	88	21 5.(a) Beginning January 1, 2020, individuals during
89	89	22 pregnancy and during the 12-month period beginning on the
90	90	23 last day of the pregnancy, together with their infants,
91	91	24 whose income is at or below 200% of the federal poverty
92	92	25 level. Until September 30, 2019, or sooner if the
93	93	26 maintenance of effort requirements under the Patient
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104	104	1 Protection and Affordable Care Act are eliminated or may
105	105	2 be waived before then, individuals during pregnancy and
106	106	3 during the 12-month period beginning on the last day of
107	107	4 the pregnancy, whose countable monthly income, after the
108	108	5 deduction of costs incurred for medical care and for other
109	109	6 types of remedial care as specified in administrative
110	110	7 rule, is equal to or less than the Medical Assistance-No
111	111	8 Grant(C) (MANG(C)) Income Standard in effect on April 1,
112	112	9 2013 as set forth in administrative rule.
113	113	10 (b) The plan for coverage shall provide ambulatory
114	114	11 prenatal care to pregnant individuals during a presumptive
115	115	12 eligibility period and establish an income eligibility
116	116	13 standard that is equal to 200% of the federal poverty
117	117	14 level, provided that costs incurred for medical care are
118	118	15 not taken into account in determining such income
119	119	16 eligibility.
120	120	17 (c) The Illinois Department may conduct a
121	121	18 demonstration in at least one county that will provide
122	122	19 medical assistance to pregnant individuals together with
123	123	20 their infants and children up to one year of age, where the
124	124	21 income eligibility standard is set up to 185% of the
125	125	22 nonfarm income official poverty line, as defined by the
126	126	23 federal Office of Management and Budget. The Illinois
127	127	24 Department shall seek and obtain necessary authorization
128	128	25 provided under federal law to implement such a
129	129	26 demonstration. Such demonstration may establish resource
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140	140	1 standards that are not more restrictive than those
141	141	2 established under Article IV of this Code.
142	142	3 6. (a) Subject to federal approval, children younger
143	143	4 than age 19 when countable income is at or below 313% of
144	144	5 the federal poverty level, as determined by the Department
145	145	6 and in accordance with all applicable federal
146	146	7 requirements. The Department is authorized to adopt
147	147	8 emergency rules to implement the changes made to this
148	148	9 paragraph by Public Act 102-43. Until September 30, 2019,
149	149	10 or sooner if the maintenance of effort requirements under
150	150	11 the Patient Protection and Affordable Care Act are
151	151	12 eliminated or may be waived before then, children younger
152	152	13 than age 19 whose countable monthly income, after the
153	153	14 deduction of costs incurred for medical care and for other
154	154	15 types of remedial care as specified in administrative
155	155	16 rule, is equal to or less than the Medical Assistance-No
156	156	17 Grant(C) (MANG(C)) Income Standard in effect on April 1,
157	157	18 2013 as set forth in administrative rule.
158	158	19 (b) Children and youth who are under temporary custody
159	159	20 or guardianship of the Department of Children and Family
160	160	21 Services or who receive financial assistance in support of
161	161	22 an adoption or guardianship placement from the Department
162	162	23 of Children and Family Services.
163	163	24 7. (Blank).
164	164	25 8. As required under federal law, persons who are
165	165	26 eligible for Transitional Medical Assistance as a result
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176	176	1 of an increase in earnings or child or spousal support
177	177	2 received. The plan for coverage for this class of persons
178	178	3 shall:
179	179	4 (a) extend the medical assistance coverage to the
180	180	5 extent required by federal law; and
181	181	6 (b) offer persons who have initially received 6
182	182	7 months of the coverage provided in paragraph (a)
183	183	8 above, the option of receiving an additional 6 months
184	184	9 of coverage, subject to the following:
185	185	10 (i) such coverage shall be pursuant to
186	186	11 provisions of the federal Social Security Act;
187	187	12 (ii) such coverage shall include all services
188	188	13 covered under Illinois' State Medicaid Plan;
189	189	14 (iii) no premium shall be charged for such
190	190	15 coverage; and
191	191	16 (iv) such coverage shall be suspended in the
192	192	17 event of a person's failure without good cause to
193	193	18 file in a timely fashion reports required for this
194	194	19 coverage under the Social Security Act and
195	195	20 coverage shall be reinstated upon the filing of
196	196	21 such reports if the person remains otherwise
197	197	22 eligible.
198	198	23 9. Persons with acquired immunodeficiency syndrome
199	199	24 (AIDS) or with AIDS-related conditions with respect to
200	200	25 whom there has been a determination that but for home or
201	201	26 community-based services such individuals would require
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212	212	1 the level of care provided in an inpatient hospital,
213	213	2 skilled nursing facility or intermediate care facility the
214	214	3 cost of which is reimbursed under this Article. Assistance
215	215	4 shall be provided to such persons to the maximum extent
216	216	5 permitted under Title XIX of the Federal Social Security
217	217	6 Act.
218	218	7 10. Participants in the long-term care insurance
219	219	8 partnership program established under the Illinois
220	220	9 Long-Term Care Partnership Program Act who meet the
221	221	10 qualifications for protection of resources described in
222	222	11 Section 15 of that Act.
223	223	12 11. Persons with disabilities who are employed and
224	224	13 eligible for Medicaid, pursuant to Section
225	225	14 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
226	226	15 subject to federal approval, persons with a medically
227	227	16 improved disability who are employed and eligible for
228	228	17 Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
229	229	18 the Social Security Act, as provided by the Illinois
230	230	19 Department by rule. In establishing eligibility standards
231	231	20 under this paragraph 11, the Department shall, subject to
232	232	21 federal approval:
233	233	22 (a) eliminate income eligibility standards to the
234	234	23 extent permitted by federal law set the income
235	235	24 eligibility standard at not lower than 350% of the
236	236	25 federal poverty level;
237	237	26 (b) exempt retirement accounts that the person
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248	248	1 cannot access without penalty before the age of 59
249	249	2 1/2, and medical savings accounts established pursuant
250	250	3 to 26 U.S.C. 220; and
251	251	4 (c) eliminate the consideration of assets when
252	252	5 determining eligibility under this paragraph to the
253	253	6 extend permitted by federal law allow non-exempt
254	254	7 assets up to $25,000 as to those assets accumulated
255	255	8 during periods of eligibility under this paragraph 11;
256	256	9 and
257	257	10 (d) continue to apply subparagraphs (b) and (c) in
258	258	11 determining the eligibility of the person under this
259	259	12 Article even if the person loses eligibility under
260	260	13 this paragraph 11.
261	261	14 12. Subject to federal approval, persons who are
262	262	15 eligible for medical assistance coverage under applicable
263	263	16 provisions of the federal Social Security Act and the
264	264	17 federal Breast and Cervical Cancer Prevention and
265	265	18 Treatment Act of 2000. Those eligible persons are defined
266	266	19 to include, but not be limited to, the following persons:
267	267	20 (1) persons who have been screened for breast or
268	268	21 cervical cancer under the U.S. Centers for Disease
269	269	22 Control and Prevention Breast and Cervical Cancer
270	270	23 Program established under Title XV of the federal
271	271	24 Public Health Service Act in accordance with the
272	272	25 requirements of Section 1504 of that Act as
273	273	26 administered by the Illinois Department of Public
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284	284	1 Health; and
285	285	2 (2) persons whose screenings under the above
286	286	3 program were funded in whole or in part by funds
287	287	4 appropriated to the Illinois Department of Public
288	288	5 Health for breast or cervical cancer screening.
289	289	6 "Medical assistance" under this paragraph 12 shall be
290	290	7 identical to the benefits provided under the State's
291	291	8 approved plan under Title XIX of the Social Security Act.
292	292	9 The Department must request federal approval of the
293	293	10 coverage under this paragraph 12 within 30 days after July
294	294	11 3, 2001 (the effective date of Public Act 92-47).
295	295	12 In addition to the persons who are eligible for
296	296	13 medical assistance pursuant to subparagraphs (1) and (2)
297	297	14 of this paragraph 12, and to be paid from funds
298	298	15 appropriated to the Department for its medical programs,
299	299	16 any uninsured person as defined by the Department in rules
300	300	17 residing in Illinois who is younger than 65 years of age,
301	301	18 who has been screened for breast and cervical cancer in
302	302	19 accordance with standards and procedures adopted by the
303	303	20 Department of Public Health for screening, and who is
304	304	21 referred to the Department by the Department of Public
305	305	22 Health as being in need of treatment for breast or
306	306	23 cervical cancer is eligible for medical assistance
307	307	24 benefits that are consistent with the benefits provided to
308	308	25 those persons described in subparagraphs (1) and (2).
309	309	26 Medical assistance coverage for the persons who are
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320	320	1 eligible under the preceding sentence is not dependent on
321	321	2 federal approval, but federal moneys may be used to pay
322	322	3 for services provided under that coverage upon federal
323	323	4 approval.
324	324	5 13. Subject to appropriation and to federal approval,
325	325	6 persons living with HIV/AIDS who are not otherwise
326	326	7 eligible under this Article and who qualify for services
327	327	8 covered under Section 5-5.04 as provided by the Illinois
328	328	9 Department by rule.
329	329	10 14. Subject to the availability of funds for this
330	330	11 purpose, the Department may provide coverage under this
331	331	12 Article to persons who reside in Illinois who are not
332	332	13 eligible under any of the preceding paragraphs and who
333	333	14 meet the income guidelines of paragraph 2(a) of this
334	334	15 Section and (i) have an application for asylum pending
335	335	16 before the federal Department of Homeland Security or on
336	336	17 appeal before a court of competent jurisdiction and are
337	337	18 represented either by counsel or by an advocate accredited
338	338	19 by the federal Department of Homeland Security and
339	339	20 employed by a not-for-profit organization in regard to
340	340	21 that application or appeal, or (ii) are receiving services
341	341	22 through a federally funded torture treatment center.
342	342	23 Medical coverage under this paragraph 14 may be provided
343	343	24 for up to 24 continuous months from the initial
344	344	25 eligibility date so long as an individual continues to
345	345	26 satisfy the criteria of this paragraph 14. If an
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356	356	1 individual has an appeal pending regarding an application
357	357	2 for asylum before the Department of Homeland Security,
358	358	3 eligibility under this paragraph 14 may be extended until
359	359	4 a final decision is rendered on the appeal. The Department
360	360	5 may adopt rules governing the implementation of this
361	361	6 paragraph 14.
362	362	7 15. Family Care Eligibility.
363	363	8 (a) On and after July 1, 2012, a parent or other
364	364	9 caretaker relative who is 19 years of age or older when
365	365	10 countable income is at or below 133% of the federal
366	366	11 poverty level. A person may not spend down to become
367	367	12 eligible under this paragraph 15.
368	368	13 (b) Eligibility shall be reviewed annually.
369	369	14 (c) (Blank).
370	370	15 (d) (Blank).
371	371	16 (e) (Blank).
372	372	17 (f) (Blank).
373	373	18 (g) (Blank).
374	374	19 (h) (Blank).
375	375	20 (i) Following termination of an individual's
376	376	21 coverage under this paragraph 15, the individual must
377	377	22 be determined eligible before the person can be
378	378	23 re-enrolled.
379	379	24 16. Subject to appropriation, uninsured persons who
380	380	25 are not otherwise eligible under this Section who have
381	381	26 been certified and referred by the Department of Public
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392	392	1 Health as having been screened and found to need
393	393	2 diagnostic evaluation or treatment, or both diagnostic
394	394	3 evaluation and treatment, for prostate or testicular
395	395	4 cancer. For the purposes of this paragraph 16, uninsured
396	396	5 persons are those who do not have creditable coverage, as
397	397	6 defined under the Health Insurance Portability and
398	398	7 Accountability Act, or have otherwise exhausted any
399	399	8 insurance benefits they may have had, for prostate or
400	400	9 testicular cancer diagnostic evaluation or treatment, or
401	401	10 both diagnostic evaluation and treatment. To be eligible,
402	402	11 a person must furnish a Social Security number. A person's
403	403	12 assets are exempt from consideration in determining
404	404	13 eligibility under this paragraph 16. Such persons shall be
405	405	14 eligible for medical assistance under this paragraph 16
406	406	15 for so long as they need treatment for the cancer. A person
407	407	16 shall be considered to need treatment if, in the opinion
408	408	17 of the person's treating physician, the person requires
409	409	18 therapy directed toward cure or palliation of prostate or
410	410	19 testicular cancer, including recurrent metastatic cancer
411	411	20 that is a known or presumed complication of prostate or
412	412	21 testicular cancer and complications resulting from the
413	413	22 treatment modalities themselves. Persons who require only
414	414	23 routine monitoring services are not considered to need
415	415	24 treatment. "Medical assistance" under this paragraph 16
416	416	25 shall be identical to the benefits provided under the
417	417	26 State's approved plan under Title XIX of the Social
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428	428	1 Security Act. Notwithstanding any other provision of law,
429	429	2 the Department (i) does not have a claim against the
430	430	3 estate of a deceased recipient of services under this
431	431	4 paragraph 16 and (ii) does not have a lien against any
432	432	5 homestead property or other legal or equitable real
433	433	6 property interest owned by a recipient of services under
434	434	7 this paragraph 16.
435	435	8 17. Persons who, pursuant to a waiver approved by the
436	436	9 Secretary of the U.S. Department of Health and Human
437	437	10 Services, are eligible for medical assistance under Title
438	438	11 XIX or XXI of the federal Social Security Act.
439	439	12 Notwithstanding any other provision of this Code and
440	440	13 consistent with the terms of the approved waiver, the
441	441	14 Illinois Department, may by rule:
442	442	15 (a) Limit the geographic areas in which the waiver
443	443	16 program operates.
444	444	17 (b) Determine the scope, quantity, duration, and
445	445	18 quality, and the rate and method of reimbursement, of
446	446	19 the medical services to be provided, which may differ
447	447	20 from those for other classes of persons eligible for
448	448	21 assistance under this Article.
449	449	22 (c) Restrict the persons' freedom in choice of
450	450	23 providers.
451	451	24 18. Beginning January 1, 2014, persons aged 19 or
452	452	25 older, but younger than 65, who are not otherwise eligible
453	453	26 for medical assistance under this Section 5-2, who qualify
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464	464	1 for medical assistance pursuant to 42 U.S.C.
465	465	2 1396a(a)(10)(A)(i)(VIII) and applicable federal
466	466	3 regulations, and who have income at or below 133% of the
467	467	4 federal poverty level plus 5% for the applicable family
468	468	5 size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
469	469	6 applicable federal regulations. Persons eligible for
470	470	7 medical assistance under this paragraph 18 shall receive
471	471	8 coverage for the Health Benefits Service Package as that
472	472	9 term is defined in subsection (m) of Section 5-1.1 of this
473	473	10 Code. If Illinois' federal medical assistance percentage
474	474	11 (FMAP) is reduced below 90% for persons eligible for
475	475	12 medical assistance under this paragraph 18, eligibility
476	476	13 under this paragraph 18 shall cease no later than the end
477	477	14 of the third month following the month in which the
478	478	15 reduction in FMAP takes effect.
479	479	16 19. Beginning January 1, 2014, as required under 42
480	480	17 U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
481	481	18 and younger than age 26 who are not otherwise eligible for
482	482	19 medical assistance under paragraphs (1) through (17) of
483	483	20 this Section who (i) were in foster care under the
484	484	21 responsibility of the State on the date of attaining age
485	485	22 18 or on the date of attaining age 21 when a court has
486	486	23 continued wardship for good cause as provided in Section
487	487	24 2-31 of the Juvenile Court Act of 1987 and (ii) received
488	488	25 medical assistance under the Illinois Title XIX State Plan
489	489	26 or waiver of such plan while in foster care.
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500	500	1 20. Beginning January 1, 2018, persons who are
501	501	2 foreign-born victims of human trafficking, torture, or
502	502	3 other serious crimes as defined in Section 2-19 of this
503	503	4 Code and their derivative family members if such persons:
504	504	5 (i) reside in Illinois; (ii) are not eligible under any of
505	505	6 the preceding paragraphs; (iii) meet the income guidelines
506	506	7 of subparagraph (a) of paragraph 2; and (iv) meet the
507	507	8 nonfinancial eligibility requirements of Sections 16-2,
508	508	9 16-3, and 16-5 of this Code. The Department may extend
509	509	10 medical assistance for persons who are foreign-born
510	510	11 victims of human trafficking, torture, or other serious
511	511	12 crimes whose medical assistance would be terminated
512	512	13 pursuant to subsection (b) of Section 16-5 if the
513	513	14 Department determines that the person, during the year of
514	514	15 initial eligibility (1) experienced a health crisis, (2)
515	515	16 has been unable, after reasonable attempts, to obtain
516	516	17 necessary information from a third party, or (3) has other
517	517	18 extenuating circumstances that prevented the person from
518	518	19 completing his or her application for status. The
519	519	20 Department may adopt any rules necessary to implement the
520	520	21 provisions of this paragraph.
521	521	22 21. Persons who are not otherwise eligible for medical
522	522	23 assistance under this Section who may qualify for medical
523	523	24 assistance pursuant to 42 U.S.C.
524	524	25 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
525	525	26 duration of any federal or State declared emergency due to
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536	536	1 COVID-19. Medical assistance to persons eligible for
537	537	2 medical assistance solely pursuant to this paragraph 21
538	538	3 shall be limited to any in vitro diagnostic product (and
539	539	4 the administration of such product) described in 42 U.S.C.
540	540	5 1396d(a)(3)(B) on or after March 18, 2020, any visit
541	541	6 described in 42 U.S.C. 1396o(a)(2)(G), or any other
542	542	7 medical assistance that may be federally authorized for
543	543	8 this class of persons. The Department may also cover
544	544	9 treatment of COVID-19 for this class of persons, or any
545	545	10 similar category of uninsured individuals, to the extent
546	546	11 authorized under a federally approved 1115 Waiver or other
547	547	12 federal authority. Notwithstanding the provisions of
548	548	13 Section 1-11 of this Code, due to the nature of the
549	549	14 COVID-19 public health emergency, the Department may cover
550	550	15 and provide the medical assistance described in this
551	551	16 paragraph 21 to noncitizens who would otherwise meet the
552	552	17 eligibility requirements for the class of persons
553	553	18 described in this paragraph 21 for the duration of the
554	554	19 State emergency period.
555	555	20 In implementing the provisions of Public Act 96-20, the
556	556	21 Department is authorized to adopt only those rules necessary,
557	557	22 including emergency rules. Nothing in Public Act 96-20 permits
558	558	23 the Department to adopt rules or issue a decision that expands
559	559	24 eligibility for the FamilyCare Program to a person whose
560	560	25 income exceeds 185% of the Federal Poverty Level as determined
561	561	26 from time to time by the U.S. Department of Health and Human
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572	572	1 Services, unless the Department is provided with express
573	573	2 statutory authority.
574	574	3 The eligibility of any such person for medical assistance
575	575	4 under this Article is not affected by the payment of any grant
576	576	5 under the Senior Citizens and Persons with Disabilities
577	577	6 Property Tax Relief Act or any distributions or items of
578	578	7 income described under subparagraph (X) of paragraph (2) of
579	579	8 subsection (a) of Section 203 of the Illinois Income Tax Act.
580	580	9 The Department shall by rule establish the amounts of
581	581	10 assets to be disregarded in determining eligibility for
582	582	11 medical assistance, which shall at a minimum equal the amounts
583	583	12 to be disregarded under the Federal Supplemental Security
584	584	13 Income Program. The amount of assets of a single person to be
585	585	14 disregarded shall not be less than $2,000, and the amount of
586	586	15 assets of a married couple to be disregarded shall not be less
587	587	16 than $3,000.
588	588	17 To the extent permitted under federal law, any person
589	589	18 found guilty of a second violation of Article VIIIA shall be
590	590	19 ineligible for medical assistance under this Article, as
591	591	20 provided in Section 8A-8.
592	592	21 The eligibility of any person for medical assistance under
593	593	22 this Article shall not be affected by the receipt by the person
594	594	23 of donations or benefits from fundraisers held for the person
595	595	24 in cases of serious illness, as long as neither the person nor
596	596	25 members of the person's family have actual control over the
597	597	26 donations or benefits or the disbursement of the donations or
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608	608	1 benefits.
609	609	2 Notwithstanding any other provision of this Code, if the
610	610	3 United States Supreme Court holds Title II, Subtitle A,
611	611	4 Section 2001(a) of Public Law 111-148 to be unconstitutional,
612	612	5 or if a holding of Public Law 111-148 makes Medicaid
613	613	6 eligibility allowed under Section 2001(a) inoperable, the
614	614	7 State or a unit of local government shall be prohibited from
615	615	8 enrolling individuals in the Medical Assistance Program as the
616	616	9 result of federal approval of a State Medicaid waiver on or
617	617	10 after June 14, 2012 (the effective date of Public Act 97-687),
618	618	11 and any individuals enrolled in the Medical Assistance Program
619	619	12 pursuant to eligibility permitted as a result of such a State
620	620	13 Medicaid waiver shall become immediately ineligible.
621	621	14 Notwithstanding any other provision of this Code, if an
622	622	15 Act of Congress that becomes a Public Law eliminates Section
623	623	16 2001(a) of Public Law 111-148, the State or a unit of local
624	624	17 government shall be prohibited from enrolling individuals in
625	625	18 the Medical Assistance Program as the result of federal
626	626	19 approval of a State Medicaid waiver on or after June 14, 2012
627	627	20 (the effective date of Public Act 97-687), and any individuals
628	628	21 enrolled in the Medical Assistance Program pursuant to
629	629	22 eligibility permitted as a result of such a State Medicaid
630	630	23 waiver shall become immediately ineligible.
631	631	24 Effective October 1, 2013, the determination of
632	632	25 eligibility of persons who qualify under paragraphs 5, 6, 8,
633	633	26 15, 17, and 18 of this Section shall comply with the
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