Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2034 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 SB2034 Introduced 2/6/2025, by Sen. Celina Villanueva 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. Provides that the Department of Healthcare and Family Services may provide medical assistance coverage to persons who are foreign-born victims of human trafficking, torture, or other serious crimes, and their derivative family members, if such persons meet certain residency and income requirements and meet one of the following conditions: (i) have filed an application for asylum status that is pending with the appropriate federal agency or have a pending appeal of such an application; (ii) are receiving services through a federally funded treatment center; (iii) have filed an application for T nonimmigrant status; (iv) have filed an application for U nonimmigrant status; or (v) have filed as a derivative family member of a T or U nonimmigrant status applicant. Removes language conditioning medical assistance eligibility for such persons on their eligibility for benefits under the Temporary Assistance for Needy Families Program and the Supplemental Nutrition Assistance Program. LRB104 08106 KTG 18152 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2034 Introduced 2/6/2025, by Sen. Celina Villanueva 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. Provides that the Department of Healthcare and Family Services may provide medical assistance coverage to persons who are foreign-born victims of human trafficking, torture, or other serious crimes, and their derivative family members, if such persons meet certain residency and income requirements and meet one of the following conditions: (i) have filed an application for asylum status that is pending with the appropriate federal agency or have a pending appeal of such an application; (ii) are receiving services through a federally funded treatment center; (iii) have filed an application for T nonimmigrant status; (iv) have filed an application for U nonimmigrant status; or (v) have filed as a derivative family member of a T or U nonimmigrant status applicant. Removes language conditioning medical assistance eligibility for such persons on their eligibility for benefits under the Temporary Assistance for Needy Families Program and the Supplemental Nutrition Assistance Program. LRB104 08106 KTG 18152 b LRB104 08106 KTG 18152 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2034 Introduced 2/6/2025, by Sen. Celina Villanueva 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. Provides that the Department of Healthcare and Family Services may provide medical assistance coverage to persons who are foreign-born victims of human trafficking, torture, or other serious crimes, and their derivative family members, if such persons meet certain residency and income requirements and meet one of the following conditions: (i) have filed an application for asylum status that is pending with the appropriate federal agency or have a pending appeal of such an application; (ii) are receiving services through a federally funded treatment center; (iii) have filed an application for T nonimmigrant status; (iv) have filed an application for U nonimmigrant status; or (v) have filed as a derivative family member of a T or U nonimmigrant status applicant. Removes language conditioning medical assistance eligibility for such persons on their eligibility for benefits under the Temporary Assistance for Needy Families Program and the Supplemental Nutrition Assistance Program.
6	6	LRB104 08106 KTG 18152 b LRB104 08106 KTG 18152 b
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8	8	A BILL FOR
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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 SB2034 Introduced 2/6/2025, by Sen. Celina Villanueva 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. Provides that the Department of Healthcare and Family Services may provide medical assistance coverage to persons who are foreign-born victims of human trafficking, torture, or other serious crimes, and their derivative family members, if such persons meet certain residency and income requirements and meet one of the following conditions: (i) have filed an application for asylum status that is pending with the appropriate federal agency or have a pending appeal of such an application; (ii) are receiving services through a federally funded treatment center; (iii) have filed an application for T nonimmigrant status; (iv) have filed an application for U nonimmigrant status; or (v) have filed as a derivative family member of a T or U nonimmigrant status applicant. Removes language conditioning medical assistance eligibility for such persons on their eligibility for benefits under the Temporary Assistance for Needy Families Program and the Supplemental Nutrition Assistance Program.
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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) 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
327	327	8 (a) reside in Illinois; who
328	328	9 (b) are not eligible under any of the preceding
329	329	10 paragraphs of this Section; and who
330	330	11 (c) meet the income guidelines of paragraph 2(a)
331	331	12 of this Section; and
332	332	13 (d) meet one of the following conditions:
333	333	14 (i) have filed an application for asylum
334	334	15 status under 8 U.S.C. 1158 that is pending with
335	335	16 the appropriate federal agency or have a pending
336	336	17 appeal of such an application pending before the
337	337	18 federal Department of Homeland Security or on
338	338	19 appeal before a court of competent jurisdiction
339	339	20 and are represented either by counsel or by an
340	340	21 advocate accredited by the appropriate federal
341	341	22 agency Department of Homeland Security and
342	342	23 employed by a not-for-profit organization in
343	343	24 regard to that application or appeal; , or
344	344	25 (ii) are receiving services through a
345	345	26 federally funded torture treatment center;
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356	356	1 (iii) have filed a pending application for T
357	357	2 nonimmigrant status pursuant to 8 U.S.C.
358	358	3 1101(a)(15)(T);
359	359	4 (iv) have filed a pending application for U
360	360	5 nonimmigrant status pursuant to 8 U.S.C.
361	361	6 1101(a)(15)(U); or
362	362	7 (v) have filed as a derivative family member
363	363	8 of a T nonimmigrant status applicant pursuant to 8
364	364	9 U.S.C. 1101(a)(15)(T) or a U nonimmigrant status
365	365	10 applicant pursuant to 8 U.S.C. 1101(a)(15)(U).
366	366	11 Medical coverage under this paragraph 14 may be
367	367	12 provided for up to 24 continuous months from the initial
368	368	13 eligibility date so long as an individual continues to
369	369	14 satisfy the criteria of this paragraph 14. If an
370	370	15 individual has an application or appeal pending regarding
371	371	16 an application for asylum, T nonimmigrant status, or U
372	372	17 nonimmigrant status before the appropriate federal agency
373	373	18 for such applications or appeals Department of Homeland
374	374	19 Security, eligibility under this paragraph 14 may be
375	375	20 extended until a final decision is rendered with respect
376	376	21 to the application or appeal, except that an individual
377	377	22 who is approved for a U visa continues to qualify for
378	378	23 medical coverage under this paragraph 14 as long as the
379	379	24 individual meets all other eligibility criteria. For
380	380	25 purposes of this paragraph 14, "derivative family member"
381	381	26 means a spouse or child under the age of 21 on the appeal.
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392	392	1 The Department may adopt rules governing the
393	393	2 implementation of this paragraph 14.
394	394	3 15. Family Care Eligibility.
395	395	4 (a) On and after July 1, 2012, a parent or other
396	396	5 caretaker relative who is 19 years of age or older when
397	397	6 countable income is at or below 133% of the federal
398	398	7 poverty level. A person may not spend down to become
399	399	8 eligible under this paragraph 15.
400	400	9 (b) Eligibility shall be reviewed annually.
401	401	10 (c) (Blank).
402	402	11 (d) (Blank).
403	403	12 (e) (Blank).
404	404	13 (f) (Blank).
405	405	14 (g) (Blank).
406	406	15 (h) (Blank).
407	407	16 (i) Following termination of an individual's
408	408	17 coverage under this paragraph 15, the individual must
409	409	18 be determined eligible before the person can be
410	410	19 re-enrolled.
411	411	20 16. Subject to appropriation, uninsured persons who
412	412	21 are not otherwise eligible under this Section who have
413	413	22 been certified and referred by the Department of Public
414	414	23 Health as having been screened and found to need
415	415	24 diagnostic evaluation or treatment, or both diagnostic
416	416	25 evaluation and treatment, for prostate or testicular
417	417	26 cancer. For the purposes of this paragraph 16, uninsured
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428	428	1 persons are those who do not have creditable coverage, as
429	429	2 defined under the Health Insurance Portability and
430	430	3 Accountability Act, or have otherwise exhausted any
431	431	4 insurance benefits they may have had, for prostate or
432	432	5 testicular cancer diagnostic evaluation or treatment, or
433	433	6 both diagnostic evaluation and treatment. To be eligible,
434	434	7 a person must furnish a Social Security number. A person's
435	435	8 assets are exempt from consideration in determining
436	436	9 eligibility under this paragraph 16. Such persons shall be
437	437	10 eligible for medical assistance under this paragraph 16
438	438	11 for so long as they need treatment for the cancer. A person
439	439	12 shall be considered to need treatment if, in the opinion
440	440	13 of the person's treating physician, the person requires
441	441	14 therapy directed toward cure or palliation of prostate or
442	442	15 testicular cancer, including recurrent metastatic cancer
443	443	16 that is a known or presumed complication of prostate or
444	444	17 testicular cancer and complications resulting from the
445	445	18 treatment modalities themselves. Persons who require only
446	446	19 routine monitoring services are not considered to need
447	447	20 treatment. "Medical assistance" under this paragraph 16
448	448	21 shall be identical to the benefits provided under the
449	449	22 State's approved plan under Title XIX of the Social
450	450	23 Security Act. Notwithstanding any other provision of law,
451	451	24 the Department (i) does not have a claim against the
452	452	25 estate of a deceased recipient of services under this
453	453	26 paragraph 16 and (ii) does not have a lien against any
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464	464	1 homestead property or other legal or equitable real
465	465	2 property interest owned by a recipient of services under
466	466	3 this paragraph 16.
467	467	4 17. Persons who, pursuant to a waiver approved by the
468	468	5 Secretary of the U.S. Department of Health and Human
469	469	6 Services, are eligible for medical assistance under Title
470	470	7 XIX or XXI of the federal Social Security Act.
471	471	8 Notwithstanding any other provision of this Code and
472	472	9 consistent with the terms of the approved waiver, the
473	473	10 Illinois Department, may by rule:
474	474	11 (a) Limit the geographic areas in which the waiver
475	475	12 program operates.
476	476	13 (b) Determine the scope, quantity, duration, and
477	477	14 quality, and the rate and method of reimbursement, of
478	478	15 the medical services to be provided, which may differ
479	479	16 from those for other classes of persons eligible for
480	480	17 assistance under this Article.
481	481	18 (c) Restrict the persons' freedom in choice of
482	482	19 providers.
483	483	20 18. Beginning January 1, 2014, persons aged 19 or
484	484	21 older, but younger than 65, who are not otherwise eligible
485	485	22 for medical assistance under this Section 5-2, who qualify
486	486	23 for medical assistance pursuant to 42 U.S.C.
487	487	24 1396a(a)(10)(A)(i)(VIII) and applicable federal
488	488	25 regulations, and who have income at or below 133% of the
489	489	26 federal poverty level plus 5% for the applicable family
490	490
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500	500	1 size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
501	501	2 applicable federal regulations. Persons eligible for
502	502	3 medical assistance under this paragraph 18 shall receive
503	503	4 coverage for the Health Benefits Service Package as that
504	504	5 term is defined in subsection (m) of Section 5-1.1 of this
505	505	6 Code. If Illinois' federal medical assistance percentage
506	506	7 (FMAP) is reduced below 90% for persons eligible for
507	507	8 medical assistance under this paragraph 18, eligibility
508	508	9 under this paragraph 18 shall cease no later than the end
509	509	10 of the third month following the month in which the
510	510	11 reduction in FMAP takes effect.
511	511	12 19. Beginning January 1, 2014, as required under 42
512	512	13 U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
513	513	14 and younger than age 26 who are not otherwise eligible for
514	514	15 medical assistance under paragraphs (1) through (17) of
515	515	16 this Section who (i) were in foster care under the
516	516	17 responsibility of the State on the date of attaining age
517	517	18 18 or on the date of attaining age 21 when a court has
518	518	19 continued wardship for good cause as provided in Section
519	519	20 2-31 of the Juvenile Court Act of 1987 and (ii) received
520	520	21 medical assistance under the Illinois Title XIX State Plan
521	521	22 or waiver of such plan while in foster care.
522	522	23 20. (Blank). Beginning January 1, 2018, persons who
523	523	24 are foreign-born victims of human trafficking, torture, or
524	524	25 other serious crimes as defined in Section 2-19 of this
525	525	26 Code and their derivative family members if such persons:
526	526
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536	536	1 (i) reside in Illinois; (ii) are not eligible under any of
537	537	2 the preceding paragraphs; (iii) meet the income guidelines
538	538	3 of subparagraph (a) of paragraph 2; and (iv) meet the
539	539	4 nonfinancial eligibility requirements of Sections 16-2,
540	540	5 16-3, and 16-5 of this Code. The Department may extend
541	541	6 medical assistance for persons who are foreign-born
542	542	7 victims of human trafficking, torture, or other serious
543	543	8 crimes whose medical assistance would be terminated
544	544	9 pursuant to subsection (b) of Section 16-5 if the
545	545	10 Department determines that the person, during the year of
546	546	11 initial eligibility (1) experienced a health crisis, (2)
547	547	12 has been unable, after reasonable attempts, to obtain
548	548	13 necessary information from a third party, or (3) has other
549	549	14 extenuating circumstances that prevented the person from
550	550	15 completing his or her application for status. The
551	551	16 Department may adopt any rules necessary to implement the
552	552	17 provisions of this paragraph.
553	553	18 21. Persons who are not otherwise eligible for medical
554	554	19 assistance under this Section who may qualify for medical
555	555	20 assistance pursuant to 42 U.S.C.
556	556	21 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
557	557	22 duration of any federal or State declared emergency due to
558	558	23 COVID-19. Medical assistance to persons eligible for
559	559	24 medical assistance solely pursuant to this paragraph 21
560	560	25 shall be limited to any in vitro diagnostic product (and
561	561	26 the administration of such product) described in 42 U.S.C.
562	562
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565	565
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572	572	1 1396d(a)(3)(B) on or after March 18, 2020, any visit
573	573	2 described in 42 U.S.C. 1396o(a)(2)(G), or any other
574	574	3 medical assistance that may be federally authorized for
575	575	4 this class of persons. The Department may also cover
576	576	5 treatment of COVID-19 for this class of persons, or any
577	577	6 similar category of uninsured individuals, to the extent
578	578	7 authorized under a federally approved 1115 Waiver or other
579	579	8 federal authority. Notwithstanding the provisions of
580	580	9 Section 1-11 of this Code, due to the nature of the
581	581	10 COVID-19 public health emergency, the Department may cover
582	582	11 and provide the medical assistance described in this
583	583	12 paragraph 21 to noncitizens who would otherwise meet the
584	584	13 eligibility requirements for the class of persons
585	585	14 described in this paragraph 21 for the duration of the
586	586	15 State emergency period.
587	587	16 In implementing the provisions of Public Act 96-20, the
588	588	17 Department is authorized to adopt only those rules necessary,
589	589	18 including emergency rules. Nothing in Public Act 96-20 permits
590	590	19 the Department to adopt rules or issue a decision that expands
591	591	20 eligibility for the FamilyCare Program to a person whose
592	592	21 income exceeds 185% of the Federal Poverty Level as determined
593	593	22 from time to time by the U.S. Department of Health and Human
594	594	23 Services, unless the Department is provided with express
595	595	24 statutory authority.
596	596	25 The eligibility of any such person for medical assistance
597	597	26 under this Article is not affected by the payment of any grant
598	598
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608	608	1 under the Senior Citizens and Persons with Disabilities
609	609	2 Property Tax Relief Act or any distributions or items of
610	610	3 income described under subparagraph (X) of paragraph (2) of
611	611	4 subsection (a) of Section 203 of the Illinois Income Tax Act.
612	612	5 The Department shall by rule establish the amounts of
613	613	6 assets to be disregarded in determining eligibility for
614	614	7 medical assistance, which shall at a minimum equal the amounts
615	615	8 to be disregarded under the Federal Supplemental Security
616	616	9 Income Program. The amount of assets of a single person to be
617	617	10 disregarded shall not be less than $2,000, and the amount of
618	618	11 assets of a married couple to be disregarded shall not be less
619	619	12 than $3,000.
620	620	13 To the extent permitted under federal law, any person
621	621	14 found guilty of a second violation of Article VIIIA shall be
622	622	15 ineligible for medical assistance under this Article, as
623	623	16 provided in Section 8A-8.
624	624	17 The eligibility of any person for medical assistance under
625	625	18 this Article shall not be affected by the receipt by the person
626	626	19 of donations or benefits from fundraisers held for the person
627	627	20 in cases of serious illness, as long as neither the person nor
628	628	21 members of the person's family have actual control over the
629	629	22 donations or benefits or the disbursement of the donations or
630	630	23 benefits.
631	631	24 Notwithstanding any other provision of this Code, if the
632	632	25 United States Supreme Court holds Title II, Subtitle A,
633	633	26 Section 2001(a) of Public Law 111-148 to be unconstitutional,
634	634
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636	636
637	637
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644	644	1 or if a holding of Public Law 111-148 makes Medicaid
645	645	2 eligibility allowed under Section 2001(a) inoperable, the
646	646	3 State or a unit of local government shall be prohibited from
647	647	4 enrolling individuals in the Medical Assistance Program as the
648	648	5 result of federal approval of a State Medicaid waiver on or
649	649	6 after June 14, 2012 (the effective date of Public Act 97-687),
650	650	7 and any individuals enrolled in the Medical Assistance Program
651	651	8 pursuant to eligibility permitted as a result of such a State
652	652	9 Medicaid waiver shall become immediately ineligible.
653	653	10 Notwithstanding any other provision of this Code, if an
654	654	11 Act of Congress that becomes a Public Law eliminates Section
655	655	12 2001(a) of Public Law 111-148, the State or a unit of local
656	656	13 government shall be prohibited from enrolling individuals in
657	657	14 the Medical Assistance Program as the result of federal
658	658	15 approval of a State Medicaid waiver on or after June 14, 2012
659	659	16 (the effective date of Public Act 97-687), and any individuals
660	660	17 enrolled in the Medical Assistance Program pursuant to
661	661	18 eligibility permitted as a result of such a State Medicaid
662	662	19 waiver shall become immediately ineligible.
663	663	20 Effective October 1, 2013, the determination of
664	664	21 eligibility of persons who qualify under paragraphs 5, 6, 8,
665	665	22 15, 17, and 18 of this Section shall comply with the
666	666	23 requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
667	667	24 regulations.
668	668	25 The Department of Healthcare and Family Services, the
669	669	26 Department of Human Services, and the Illinois health
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