HB 5969 — MEDICAID-BREAST/CERVICL CANCER

*LRB09518231DRJ44315b* HB5969 95THEngrossed GENERALLRB095 ASSEMBLY18231 StateDRJ of44315 Illinoisb andAN 2008ACT HB5969concerning bypublic Rep.aid.

Sandra M.

Pihos SYNOPSIS AS INTRODUCED:

ILCS 5/5-2 from Ch.

23, par.

5-2 Amends the Illinois Public Aid Code.

Provides that in addition to the women who are eligible for medical assistance pursuant to the federal Breast and Cervical Cancer Prevention and Treatment Act of 2000, all uninsured women residing in Illinois who are at least 35 years of age but less than 65 years of age are eligible for medical assistance benefits that are consistent with the benefits provided to those other women.

Provides that medical assistance coverage for these women is not dependent on federal approval, but federal moneys may be used to pay for services provided under that coverage upon federal approval.

Effective immediately.

LRB095 18231 DRJ 44315 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB5969 LRB095 18231 DRJ 44315 b AN ACT concerning public aid.

(i) their income, as determined by the HB5969 Engrossed - 2 - LRB095 18231 DRJ 44315 b Illinois Department in accordance with any federal requirements, is equal to or less than 70% in fiscal year 2001, equal to or less than 85% in fiscal year 2002 and until a date to be determined by the Department by rule, and equal to or less than 100% beginning on the date determined by the Department by rule, of the nonfarm income official poverty line, as defined by the federal Office of Management and Budget and revised annually in accordance with Section 673(2) of the Omnibus Budget Reconciliation Act of 1981, applicable to families of the same size;

HB5969 Engrossed - 3 - LRB095 18231 DRJ 44315 b 3.

Such plan shall provide ambulatory prenatal care to pregnant women during a presumptive eligibility period and establish an income eligibility standard that is equal to 133% of the nonfarm income official poverty line, as defined by the federal Office of Management and Budget and revised annually in accordance with Section 673(2) of the Omnibus Budget Reconciliation Act of 1981, applicable to families of the same size, provided that costs incurred for medical care HB5969 Engrossed - 4 - LRB095 18231 DRJ 44315 b are not taken into account in determining such income eligibility.

(a) the person requires a level of care provided by HB5969 Engrossed - 5 - LRB095 18231 DRJ 44315 b a hospital, skilled nursing facility, or intermediate care facility, as determined by a physician licensed to practice medicine in all its branches;

(i) such coverage shall be pursuant to HB5969 Engrossed - 6 - LRB095 18231 DRJ 44315 b provisions of the federal Social Security Act;

Participants in the long-term care insurance partnership program established under the Partnership for Long-Term Care Act who meet the qualifications for HB5969 Engrossed - 7 - LRB095 18231 DRJ 44315 b protection of resources described in Section 25 of that Act.

Those eligible persons are defined HB5969 Engrossed - 8 - LRB095 18231 DRJ 44315 b to include, but not be limited to, the following persons:

In addition to the women who are eligible for medical assistance pursuant to subparagraphs (1) and (2) of this paragraph 12, all uninsured women residing in Illinois who are at least 35 years of age but less than 65 years of age are eligible for medical assistance benefits that are consistent with the benefits provided to those women HB5969 Engrossed - 9 - LRB095 18231 DRJ 44315 b described in paragraphs (1) and (2).

Medical coverage under this paragraph 14 may be provided for up to 24 continuous months from the initial eligibility date so long as an individual continues to satisfy the criteria of HB5969 Engrossed - 10 - LRB095 18231 DRJ 44315 b this paragraph 14.

To the extent permitted under federal law, any person found guilty of a second violation of Article VIIIA shall be ineligible for medical assistance under this Article, as HB5969 Engrossed - 11 - LRB095 18231 DRJ 44315 b provided in Section 8A-8.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning HB5969 Engrossed - 12 - LRB095 18231 DRJ 44315 b contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.