Illinois 2025-2026 Regular Session

Illinois House Bill HB3998 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3998 Introduced , by Rep. La Shawn K. Ford 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. Removes a provision that requires the termination of medical assistance for childless adults who do not otherwise qualify for assistance if Illinois' federal medical assistance percentage for such persons is reduced below 90%. Effective immediately. LRB104 12563 KTG 23063 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3998 Introduced , by Rep. La Shawn K. Ford 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. Removes a provision that requires the termination of medical assistance for childless adults who do not otherwise qualify for assistance if Illinois' federal medical assistance percentage for such persons is reduced below 90%. Effective immediately. LRB104 12563 KTG 23063 b LRB104 12563 KTG 23063 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3998 Introduced , by Rep. La Shawn K. Ford 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. Removes a provision that requires the termination of medical assistance for childless adults who do not otherwise qualify for assistance if Illinois' federal medical assistance percentage for such persons is reduced below 90%. Effective immediately.
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8	8	A BILL FOR
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10	10	HB3998 LRB104 12563 KTG 23063 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 HB3998 Introduced , by Rep. La Shawn K. Ford 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. Removes a provision that requires the termination of medical assistance for childless adults who do not otherwise qualify for assistance if Illinois' federal medical assistance percentage for such persons is reduced below 90%. Effective immediately.
41	41	LRB104 12563 KTG 23063 b LRB104 12563 KTG 23063 b
42	42	LRB104 12563 KTG 23063 b
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) set the income eligibility standard at not
234	234	23 lower than 350% of the federal poverty level;
235	235	24 (b) exempt retirement accounts that the person
236	236	25 cannot access without penalty before the age of 59
237	237	26 1/2, and medical savings accounts established pursuant
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248	248	1 to 26 U.S.C. 220;
249	249	2 (c) allow non-exempt assets up to $25,000 as to
250	250	3 those assets accumulated during periods of eligibility
251	251	4 under this paragraph 11; and
252	252	5 (d) continue to apply subparagraphs (b) and (c) in
253	253	6 determining the eligibility of the person under this
254	254	7 Article even if the person loses eligibility under
255	255	8 this paragraph 11.
256	256	9 12. Subject to federal approval, persons who are
257	257	10 eligible for medical assistance coverage under applicable
258	258	11 provisions of the federal Social Security Act and the
259	259	12 federal Breast and Cervical Cancer Prevention and
260	260	13 Treatment Act of 2000. Those eligible persons are defined
261	261	14 to include, but not be limited to, the following persons:
262	262	15 (1) persons who have been screened for breast or
263	263	16 cervical cancer under the U.S. Centers for Disease
264	264	17 Control and Prevention Breast and Cervical Cancer
265	265	18 Program established under Title XV of the federal
266	266	19 Public Health Service Act in accordance with the
267	267	20 requirements of Section 1504 of that Act as
268	268	21 administered by the Illinois Department of Public
269	269	22 Health; and
270	270	23 (2) persons whose screenings under the above
271	271	24 program were funded in whole or in part by funds
272	272	25 appropriated to the Illinois Department of Public
273	273	26 Health for breast or cervical cancer screening.
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284	284	1 "Medical assistance" under this paragraph 12 shall be
285	285	2 identical to the benefits provided under the State's
286	286	3 approved plan under Title XIX of the Social Security Act.
287	287	4 The Department must request federal approval of the
288	288	5 coverage under this paragraph 12 within 30 days after July
289	289	6 3, 2001 (the effective date of Public Act 92-47).
290	290	7 In addition to the persons who are eligible for
291	291	8 medical assistance pursuant to subparagraphs (1) and (2)
292	292	9 of this paragraph 12, and to be paid from funds
293	293	10 appropriated to the Department for its medical programs,
294	294	11 any uninsured person as defined by the Department in rules
295	295	12 residing in Illinois who is younger than 65 years of age,
296	296	13 who has been screened for breast and cervical cancer in
297	297	14 accordance with standards and procedures adopted by the
298	298	15 Department of Public Health for screening, and who is
299	299	16 referred to the Department by the Department of Public
300	300	17 Health as being in need of treatment for breast or
301	301	18 cervical cancer is eligible for medical assistance
302	302	19 benefits that are consistent with the benefits provided to
303	303	20 those persons described in subparagraphs (1) and (2).
304	304	21 Medical assistance coverage for the persons who are
305	305	22 eligible under the preceding sentence is not dependent on
306	306	23 federal approval, but federal moneys may be used to pay
307	307	24 for services provided under that coverage upon federal
308	308	25 approval.
309	309	26 13. Subject to appropriation and to federal approval,
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320	320	1 persons living with HIV/AIDS who are not otherwise
321	321	2 eligible under this Article and who qualify for services
322	322	3 covered under Section 5-5.04 as provided by the Illinois
323	323	4 Department by rule.
324	324	5 14. Subject to the availability of funds for this
325	325	6 purpose, the Department may provide coverage under this
326	326	7 Article to persons who reside in Illinois who are not
327	327	8 eligible under any of the preceding paragraphs and who
328	328	9 meet the income guidelines of paragraph 2(a) of this
329	329	10 Section and (i) have an application for asylum pending
330	330	11 before the federal Department of Homeland Security or on
331	331	12 appeal before a court of competent jurisdiction and are
332	332	13 represented either by counsel or by an advocate accredited
333	333	14 by the federal Department of Homeland Security and
334	334	15 employed by a not-for-profit organization in regard to
335	335	16 that application or appeal, or (ii) are receiving services
336	336	17 through a federally funded torture treatment center.
337	337	18 Medical coverage under this paragraph 14 may be provided
338	338	19 for up to 24 continuous months from the initial
339	339	20 eligibility date so long as an individual continues to
340	340	21 satisfy the criteria of this paragraph 14. If an
341	341	22 individual has an appeal pending regarding an application
342	342	23 for asylum before the Department of Homeland Security,
343	343	24 eligibility under this paragraph 14 may be extended until
344	344	25 a final decision is rendered on the appeal. The Department
345	345	26 may adopt rules governing the implementation of this
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356	356	1 paragraph 14.
357	357	2 15. Family Care Eligibility.
358	358	3 (a) On and after July 1, 2012, a parent or other
359	359	4 caretaker relative who is 19 years of age or older when
360	360	5 countable income is at or below 133% of the federal
361	361	6 poverty level. A person may not spend down to become
362	362	7 eligible under this paragraph 15.
363	363	8 (b) Eligibility shall be reviewed annually.
364	364	9 (c) (Blank).
365	365	10 (d) (Blank).
366	366	11 (e) (Blank).
367	367	12 (f) (Blank).
368	368	13 (g) (Blank).
369	369	14 (h) (Blank).
370	370	15 (i) Following termination of an individual's
371	371	16 coverage under this paragraph 15, the individual must
372	372	17 be determined eligible before the person can be
373	373	18 re-enrolled.
374	374	19 16. Subject to appropriation, uninsured persons who
375	375	20 are not otherwise eligible under this Section who have
376	376	21 been certified and referred by the Department of Public
377	377	22 Health as having been screened and found to need
378	378	23 diagnostic evaluation or treatment, or both diagnostic
379	379	24 evaluation and treatment, for prostate or testicular
380	380	25 cancer. For the purposes of this paragraph 16, uninsured
381	381	26 persons are those who do not have creditable coverage, as
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392	392	1 defined under the Health Insurance Portability and
393	393	2 Accountability Act, or have otherwise exhausted any
394	394	3 insurance benefits they may have had, for prostate or
395	395	4 testicular cancer diagnostic evaluation or treatment, or
396	396	5 both diagnostic evaluation and treatment. To be eligible,
397	397	6 a person must furnish a Social Security number. A person's
398	398	7 assets are exempt from consideration in determining
399	399	8 eligibility under this paragraph 16. Such persons shall be
400	400	9 eligible for medical assistance under this paragraph 16
401	401	10 for so long as they need treatment for the cancer. A person
402	402	11 shall be considered to need treatment if, in the opinion
403	403	12 of the person's treating physician, the person requires
404	404	13 therapy directed toward cure or palliation of prostate or
405	405	14 testicular cancer, including recurrent metastatic cancer
406	406	15 that is a known or presumed complication of prostate or
407	407	16 testicular cancer and complications resulting from the
408	408	17 treatment modalities themselves. Persons who require only
409	409	18 routine monitoring services are not considered to need
410	410	19 treatment. "Medical assistance" under this paragraph 16
411	411	20 shall be identical to the benefits provided under the
412	412	21 State's approved plan under Title XIX of the Social
413	413	22 Security Act. Notwithstanding any other provision of law,
414	414	23 the Department (i) does not have a claim against the
415	415	24 estate of a deceased recipient of services under this
416	416	25 paragraph 16 and (ii) does not have a lien against any
417	417	26 homestead property or other legal or equitable real
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428	428	1 property interest owned by a recipient of services under
429	429	2 this paragraph 16.
430	430	3 17. Persons who, pursuant to a waiver approved by the
431	431	4 Secretary of the U.S. Department of Health and Human
432	432	5 Services, are eligible for medical assistance under Title
433	433	6 XIX or XXI of the federal Social Security Act.
434	434	7 Notwithstanding any other provision of this Code and
435	435	8 consistent with the terms of the approved waiver, the
436	436	9 Illinois Department, may by rule:
437	437	10 (a) Limit the geographic areas in which the waiver
438	438	11 program operates.
439	439	12 (b) Determine the scope, quantity, duration, and
440	440	13 quality, and the rate and method of reimbursement, of
441	441	14 the medical services to be provided, which may differ
442	442	15 from those for other classes of persons eligible for
443	443	16 assistance under this Article.
444	444	17 (c) Restrict the persons' freedom in choice of
445	445	18 providers.
446	446	19 18. Beginning January 1, 2014, persons aged 19 or
447	447	20 older, but younger than 65, who are not otherwise eligible
448	448	21 for medical assistance under this Section 5-2, who qualify
449	449	22 for medical assistance pursuant to 42 U.S.C.
450	450	23 1396a(a)(10)(A)(i)(VIII) and applicable federal
451	451	24 regulations, and who have income at or below 133% of the
452	452	25 federal poverty level plus 5% for the applicable family
453	453	26 size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
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464	464	1 applicable federal regulations. Persons eligible for
465	465	2 medical assistance under this paragraph 18 shall receive
466	466	3 coverage for the Health Benefits Service Package as that
467	467	4 term is defined in subsection (m) of Section 5-1.1 of this
468	468	5 Code. If Illinois' federal medical assistance percentage
469	469	6 (FMAP) is reduced below 90% for persons eligible for
470	470	7 medical assistance under this paragraph 18, eligibility
471	471	8 under this paragraph 18 shall cease no later than the end
472	472	9 of the third month following the month in which the
473	473	10 reduction in FMAP takes effect.
474	474	11 19. Beginning January 1, 2014, as required under 42
475	475	12 U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
476	476	13 and younger than age 26 who are not otherwise eligible for
477	477	14 medical assistance under paragraphs (1) through (17) of
478	478	15 this Section who (i) were in foster care under the
479	479	16 responsibility of the State on the date of attaining age
480	480	17 18 or on the date of attaining age 21 when a court has
481	481	18 continued wardship for good cause as provi ded in Section
482	482	19 2-31 of the Juvenile Court Act of 1987 and (ii) received
483	483	20 medical assistance under the Illinois Title XIX State Plan
484	484	21 or waiver of such plan while in foster care.
485	485	22 20. Beginning January 1, 2018, persons who are
486	486	23 foreign-born victims of human trafficking, torture, or
487	487	24 other serious crimes as defined in Section 2-19 of this
488	488	25 Code and their derivative family members if such persons:
489	489	26 (i) reside in Illinois; (ii) are not eligible under any of
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500	500	1 the preceding paragraphs; (iii) meet the income guidelines
501	501	2 of subparagraph (a) of paragraph 2; and (iv) meet the
502	502	3 nonfinancial eligibility requirements of Sections 16-2,
503	503	4 16-3, and 16-5 of this Code. The Department may extend
504	504	5 medical assistance for persons who are foreign-born
505	505	6 victims of human trafficking, torture, or other serious
506	506	7 crimes whose medical assistance would be terminated
507	507	8 pursuant to subsection (b) of Section 16-5 if the
508	508	9 Department determines that the person, during the year of
509	509	10 initial eligibility (1) experienced a health crisis, (2)
510	510	11 has been unable, after reasonable attempts, to obtain
511	511	12 necessary information from a third party, or (3) has other
512	512	13 extenuating circumstances that prevented the person from
513	513	14 completing his or her application for status. The
514	514	15 Department may adopt any rules necessary to implement the
515	515	16 provisions of this paragraph.
516	516	17 21. Persons who are not otherwise eligible for medical
517	517	18 assistance under this Section who may qualify for medical
518	518	19 assistance pursuant to 42 U.S.C.
519	519	20 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
520	520	21 duration of any federal or State declared emergency due to
521	521	22 COVID-19. Medical assistance to persons eligible for
522	522	23 medical assistance solely pursuant to this paragraph 21
523	523	24 shall be limited to any in vitro diagnostic product (and
524	524	25 the administration of such product) described in 42 U.S.C.
525	525	26 1396d(a)(3)(B) on or after March 18, 2020, any visit
526	526
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536	536	1 described in 42 U.S.C. 1396o(a)(2)(G), or any other
537	537	2 medical assistance that may be federally authorized for
538	538	3 this class of persons. The Department may also cover
539	539	4 treatment of COVID-19 for this class of persons, or any
540	540	5 similar category of uninsured individuals, to the extent
541	541	6 authorized under a federally approved 1115 Waiver or other
542	542	7 federal authority. Notwithstanding the provisions of
543	543	8 Section 1-11 of this Code, due to the nature of the
544	544	9 COVID-19 public health emergency, the Department may cover
545	545	10 and provide the medical assistance described in this
546	546	11 paragraph 21 to noncitizens who would otherwise meet the
547	547	12 eligibility requirements for the class of persons
548	548	13 described in this paragraph 21 for the duration of the
549	549	14 State emergency period.
550	550	15 In implementing the provisions of Public Act 96-20, the
551	551	16 Department is authorized to adopt only those rules necessary,
552	552	17 including emergency rules. Nothing in Public Act 96-20 permits
553	553	18 the Department to adopt rules or issue a decision that expands
554	554	19 eligibility for the FamilyCare Program to a person whose
555	555	20 income exceeds 185% of the Federal Poverty Level as determined
556	556	21 from time to time by the U.S. Department of Health and Human
557	557	22 Services, unless the Department is provided with express
558	558	23 statutory authority.
559	559	24 The eligibility of any such person for medical assistance
560	560	25 under this Article is not affected by the payment of any grant
561	561	26 under the Senior Citizens and Persons with Disabilities
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572	572	1 Property Tax Relief Act or any distributions or items of
573	573	2 income described under subparagraph (X) of paragraph (2) of
574	574	3 subsection (a) of Section 203 of the Illinois Income Tax Act.
575	575	4 The Department shall by rule establish the amounts of
576	576	5 assets to be disregarded in determining eligibility for
577	577	6 medical assistance, which shall at a minimum equal the amounts
578	578	7 to be disregarded under the Federal Supplemental Security
579	579	8 Income Program. The amount of assets of a single person to be
580	580	9 disregarded shall not be less than $2,000, and the amount of
581	581	10 assets of a married couple to be disregarded shall not be less
582	582	11 than $3,000.
583	583	12 To the extent permitted under federal law, any person
584	584	13 found guilty of a second violation of Article VIIIA shall be
585	585	14 ineligible for medical assistance under this Article, as
586	586	15 provided in Section 8A-8.
587	587	16 The eligibility of any person for medical assistance under
588	588	17 this Article shall not be affected by the receipt by the person
589	589	18 of donations or benefits from fundraisers held for the person
590	590	19 in cases of serious illness, as long as neither the person nor
591	591	20 members of the person's family have actual control over the
592	592	21 donations or benefits or the disbursement of the donations or
593	593	22 benefits.
594	594	23 Notwithstanding any other provision of this Code, if the
595	595	24 United States Supreme Court holds Title II, Subtitle A,
596	596	25 Section 2001(a) of Public Law 111-148 to be unconstitutional,
597	597	26 or if a holding of Public Law 111-148 makes Medicaid
598	598
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608	608	1 eligibility allowed under Section 2001(a) inoperable, the
609	609	2 State or a unit of local government shall be prohibited from
610	610	3 enrolling individuals in the Medical Assistance Program as the
611	611	4 result of federal approval of a State Medicaid waiver on or
612	612	5 after June 14, 2012 (the effective date of Public Act 97-687),
613	613	6 and any individuals enrolled in the Medical Assistance Program
614	614	7 pursuant to eligibility permitted as a result of such a State
615	615	8 Medicaid waiver shall become immediately ineligible.
616	616	9 Notwithstanding any other provision of this Code, if an
617	617	10 Act of Congress that becomes a Public Law eliminates Section
618	618	11 2001(a) of Public Law 111-148, the State or a unit of local
619	619	12 government shall be prohibited from enrolling individuals in
620	620	13 the Medical Assistance Program as the result of federal
621	621	14 approval of a State Medicaid waiver on or after June 14, 2012
622	622	15 (the effective date of Public Act 97-687), and any individuals
623	623	16 enrolled in the Medical Assistance Program pursuant to
624	624	17 eligibility permitted as a result of such a State Medicaid
625	625	18 waiver shall become immediately ineligible.
626	626	19 Effective October 1, 2013, the determination of
627	627	20 eligibility of persons who qualify under paragraphs 5, 6, 8,
628	628	21 15, 17, and 18 of this Section shall comply with the
629	629	22 requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
630	630	23 regulations.
631	631	24 The Department of Healthcare and Family Services, the
632	632	25 Department of Human Services, and the Illinois health
633	633	26 insurance marketplace shall work cooperatively to assist
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644	644	1 persons who would otherwise lose health benefits as a result
645	645	2 of changes made under Public Act 98-104 to transition to other
646	646	3 health insurance coverage.
647	647	4 (Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
648	648	5 102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff.
649	649	6 10-8-21; 102-813, eff. 5-13-22.)
650	650	7 Section 99. Effective date. This Act takes effect upon
651	651	8 becoming law.
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