98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB0026

Introduced 1/10/2013, by Sen. Heather A. Steans

SYNOPSIS AS INTRODUCED:

`305 ILCS 5/5-1.1`	`from Ch. 23, par. 5-1.1`
`305 ILCS 5/5-1.4`
`305 ILCS 5/5-2`	`from Ch. 23, par. 5-2`

Amends the Medical Assistance Article of the Illinois Public Aid Code. Beginning January 1, 2014, extends benefits under the State's medical assistance program to persons aged 19 or older, but younger than 65, who are not otherwise eligible for medical assistance under the Code, who qualify for medical assistance under specified provisions of the Social Security Act, and who have income at or below 133% of the federal poverty level plus 5% for the applicable family size. Provides that the 4-year moratorium on the expansion of medical assistance eligibility through increasing financial eligibility standards shall not apply to this new class of persons. Provides that such persons shall receive coverage for the Health Benefits Service Package. Defines "Health Benefits Service Package". Provides that if Illinois' federal medical assistance percentage

(FMAP) is reduced below 90% for persons eligible for medical
assistance

under the specified provisions, medical assistance eligibility for this new class of persons shall cease no later than the end of the third month following the month in which the reduction in FMAP takes effect. Effective immediately.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning public aid.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Findings. The General Assembly finds it is in

5 the best interests of the State to take advantage of the

6 Patient Protection and Affordable Care Act to enable Illinois

7 to receive enhanced federal revenue to cover the costs of

8 health care for low-income adults who are otherwise not

9 eligible for Medicaid. The General Assembly further finds that

10 the administration and financing of the Medicaid program must

11 be sound to ensure Illinois may take full advantage of national

12 health care reform to keep people healthier; reimburse

13 hospitals and clinics for uncompensated and charity care for

14 the uninsured; and replace spending by county and local

15 governments for healthcare costs now borne by local health

16 departments, social service agencies, homeless shelters,

17 mental health clinics, drug treatment centers, township

18 organizations, and others for the care of the uninsured.

19 Accordingly, the General Assembly finds that, while filling the

20 current gap in Medicaid coverage, it is essential that the

21 State preserve and extend recent efforts to reform Illinois'

22 Medicaid program. Changes designed to increase efficiencies

23 and enhance program integrity must continue to prevent client

24 and provider fraud and abuse; to impose controls on use of

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1 Medicaid services to prevent over-use or waste; to rationalize

2 the Medicaid health care delivery system by adopting care

3 coordination models wherever feasible to achieve effective and

4 efficient care delivery across all covered services; and to

5 operate the program within budget limits.

6 Section 5. The Illinois Public Aid Code is amended by

7 changing Sections 5-1.1, 5-1.4, and 5-2 as follows:

8 (305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)

9 Sec. 5-1.1. Definitions. The terms defined in this Section

10 shall have the meanings ascribed to them, except when the

11 context otherwise requires.

12 (a) "Nursing facility" means a facility, licensed by the

13 Department of Public Health under the Nursing Home Care Act,

14 that provides nursing facility services within the meaning of

15 Title XIX of the federal Social Security Act.

16 (b) "Intermediate care facility for the developmentally

17 disabled" or "ICF/DD" means a facility, licensed by the

18 Department of Public Health under the ID/DD Community Care Act,

19 that is an intermediate care facility for the mentally retarded

20 within the meaning of Title XIX of the federal Social Security

21 Act.

22 (c) "Standard services" means those services required for

23 the care of all patients in the facility and shall, as a

24 minimum, include the following: (1) administration; (2)

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1 dietary (standard); (3) housekeeping; (4) laundry and linen;

2 (5) maintenance of property and equipment, including

3 utilities; (6) medical records; (7) training of employees; (8)

4 utilization review; (9) activities services; (10) social

5 services; (11) disability services; and all other similar

6 services required by either the laws of the State of Illinois

7 or one of its political subdivisions or municipalities or by

8 Title XIX of the Social Security Act.

9 (d) "Patient services" means those which vary with the

10 number of personnel; professional and para-professional skills

11 of the personnel; specialized equipment, and reflect the

12 intensity of the medical and psycho-social needs of the

13 patients. Patient services shall as a minimum include: (1)

14 physical services; (2) nursing services, including restorative

15 nursing; (3) medical direction and patient care planning; (4)

16 health related supportive and habilitative services and all

17 similar services required by either the laws of the State of

18 Illinois or one of its political subdivisions or municipalities

19 or by Title XIX of the Social Security Act.

20 (e) "Ancillary services" means those services which

21 require a specific physician's order and defined as under the

22 medical assistance program as not being routine in nature for

23 skilled nursing facilities and ICF/DDs. Such services

24 generally must be authorized prior to delivery and payment as

25 provided for under the rules of the Department of Healthcare

26 and Family Services.

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1 (f) "Capital" means the investment in a facility's assets

2 for both debt and non-debt funds. Non-debt capital is the

3 difference between an adjusted replacement value of the assets

4 and the actual amount of debt capital.

5 (g) "Profit" means the amount which shall accrue to a

6 facility as a result of its revenues exceeding its expenses as

7 determined in accordance with generally accepted accounting

8 principles.

9 (h) "Non-institutional services" means those services

10 provided under paragraph (f) of Section 3 of the Disabled

11 Persons Rehabilitation Act and those services provided under

12 Section 4.02 of the Illinois Act on the Aging.

13 (i) (Blank).

14 (j) "Institutionalized person" means an individual who is

15 an inpatient in an ICF/DD or nursing facility, or who is an

16 inpatient in a medical institution receiving a level of care

17 equivalent to that of an ICF/DD or nursing facility, or who is

18 receiving services under Section 1915(c) of the Social Security

19 Act.

20 (k) "Institutionalized spouse" means an institutionalized

21 person who is expected to receive services at the same level of

22 care for at least 30 days and is married to a spouse who is not

23 an institutionalized person.

24 (l) "Community spouse" is the spouse of an

25 institutionalized spouse.

26 (m) "Health Benefits Service Package" means, subject to

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1 federal approval, benefits covered by the medical assistance

2 program as determined by the Department by rule for individuals

3 eligible for medical assistance under paragraph 18 of Section

4 5-2 of this Code.

5 (Source: P.A. 96-1530, eff. 2-16-11; 97-227, eff. 1-1-12;

6 97-820, eff. 7-17-12.)

7 (305 ILCS 5/5-1.4)

8 Sec. 5-1.4. Moratorium on eligibility expansions.

9 Beginning on January 25, 2011 (the effective date of Public Act

10 96-1501), there shall be a 4-year moratorium on the expansion

11 of eligibility through increasing financial eligibility

12 standards, or through increasing income disregards, or through

13 the creation of new programs which would add new categories of

14 eligible individuals under the medical assistance program in

15 addition to those categories covered on January 1, 2011 or

16 above the level of any subsequent reduction in eligibility.

17 This moratorium shall not apply to expansions required as a

18 federal condition of State participation in the medical

19 assistance program or to expansions approved by the federal

20 government that are financed entirely by units of local

21 government and federal matching funds. If the State of Illinois

22 finds that the State has borne a cost related to such an

23 expansion, the unit of local government shall reimburse the

24 State. All federal funds associated with an expansion funded by

25 a unit of local government shall be returned to the local

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1 government entity funding the expansion, pursuant to an

2 intergovernmental agreement between the Department of

3 Healthcare and Family Services and the local government entity.

4 Within 10 calendar days of the effective date of this

5 amendatory Act of the 97th General Assembly, the Department of

6 Healthcare and Family Services shall formally advise the

7 Centers for Medicare and Medicaid Services of the passage of

8 this amendatory Act of the 97th General Assembly. The State is

9 prohibited from submitting additional waiver requests that

10 expand or allow for an increase in the classes of persons

11 eligible for medical assistance under this Article to the

12 federal government for its consideration beginning on the 20th

13 calendar day following the effective date of this amendatory

14 Act of the 97th General Assembly until January 25, 2015. This

15 moratorium shall not apply to those persons eligible for

16 medical assistance pursuant to 42 U.S.C.

17 1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of

18 Section 5-2 of this Code.

19 (Source: P.A. 96-1501, eff. 1-25-11; 97-687, eff. 6-14-12.)

20 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)

21 Sec. 5-2. Classes of Persons Eligible. Medical assistance

22 under this Article shall be available to any of the following

23 classes of persons in respect to whom a plan for coverage has

24 been submitted to the Governor by the Illinois Department and

25 approved by him:

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1 1. Recipients of basic maintenance grants under

2 Articles III and IV.

3 2. Persons otherwise eligible for basic maintenance

4 under Articles III and IV, excluding any eligibility

5 requirements that are inconsistent with any federal law or

6 federal regulation, as interpreted by the U.S. Department

7 of Health and Human Services, but who fail to qualify

8 thereunder on the basis of need or who qualify but are not

9 receiving basic maintenance under Article IV, and who have

10 insufficient income and resources to meet the costs of

11 necessary medical care, including but not limited to the

12 following:

13 (a) All persons otherwise eligible for basic

14 maintenance under Article III but who fail to qualify

15 under that Article on the basis of need and who meet

16 either of the following requirements:

17 (i) their income, as determined by the

18 Illinois Department in accordance with any federal

19 requirements, is equal to or less than 70% in

20 fiscal year 2001, equal to or less than 85% in

21 fiscal year 2002 and until a date to be determined

22 by the Department by rule, and equal to or less

23 than 100% beginning on the date determined by the

24 Department by rule, of the nonfarm income official

25 poverty line, as defined by the federal Office of

26 Management and Budget and revised annually in

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1 accordance with Section 673(2) of the Omnibus

2 Budget Reconciliation Act of 1981, applicable to

3 families of the same size; or

4 (ii) their income, after the deduction of

5 costs incurred for medical care and for other types

6 of remedial care, is equal to or less than 70% in

7 fiscal year 2001, equal to or less than 85% in

8 fiscal year 2002 and until a date to be determined

9 by the Department by rule, and equal to or less

10 than 100% beginning on the date determined by the

11 Department by rule, of the nonfarm income official

12 poverty line, as defined in item (i) of this

13 subparagraph (a).

14 (b) All persons who, excluding any eligibility

15 requirements that are inconsistent with any federal

16 law or federal regulation, as interpreted by the U.S.

17 Department of Health and Human Services, would be

18 determined eligible for such basic maintenance under

19 Article IV by disregarding the maximum earned income

20 permitted by federal law.

21 3. Persons who would otherwise qualify for Aid to the

22 Medically Indigent under Article VII.

23 4. Persons not eligible under any of the preceding

24 paragraphs who fall sick, are injured, or die, not having

25 sufficient money, property or other resources to meet the

26 costs of necessary medical care or funeral and burial

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1 expenses.

2 5.(a) Women during pregnancy, after the fact of

3 pregnancy has been determined by medical diagnosis, and

4 during the 60-day period beginning on the last day of the

5 pregnancy, together with their infants and children born

6 after September 30, 1983, whose income and resources are

7 insufficient to meet the costs of necessary medical care to

8 the maximum extent possible under Title XIX of the Federal

9 Social Security Act.

10 (b) The Illinois Department and the Governor shall

11 provide a plan for coverage of the persons eligible under

12 paragraph 5(a) by April 1, 1990. Such plan shall provide

13 ambulatory prenatal care to pregnant women during a

14 presumptive eligibility period and establish an income

15 eligibility standard that is equal to 133% of the nonfarm

16 income official poverty line, as defined by the federal

17 Office of Management and Budget and revised annually in

18 accordance with Section 673(2) of the Omnibus Budget

19 Reconciliation Act of 1981, applicable to families of the

20 same size, provided that costs incurred for medical care

21 are not taken into account in determining such income

22 eligibility.

23 (c) The Illinois Department may conduct a

24 demonstration in at least one county that will provide

25 medical assistance to pregnant women, together with their

26 infants and children up to one year of age, where the

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1 income eligibility standard is set up to 185% of the

2 nonfarm income official poverty line, as defined by the

3 federal Office of Management and Budget. The Illinois

4 Department shall seek and obtain necessary authorization

5 provided under federal law to implement such a

6 demonstration. Such demonstration may establish resource

7 standards that are not more restrictive than those

8 established under Article IV of this Code.

9 6. Persons under the age of 18 who fail to qualify as

10 dependent under Article IV and who have insufficient income

11 and resources to meet the costs of necessary medical care

12 to the maximum extent permitted under Title XIX of the

13 Federal Social Security Act.

14 7. (Blank).

15 8. Persons who become ineligible for basic maintenance

16 assistance under Article IV of this Code in programs

17 administered by the Illinois Department due to employment

18 earnings and persons in assistance units comprised of

19 adults and children who become ineligible for basic

20 maintenance assistance under Article VI of this Code due to

21 employment earnings. The plan for coverage for this class

22 of persons shall:

23 (a) extend the medical assistance coverage for up

24 to 12 months following termination of basic

25 maintenance assistance; and

26 (b) offer persons who have initially received 6

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1 months of the coverage provided in paragraph (a) above,

2 the option of receiving an additional 6 months of

3 coverage, subject to the following:

4 (i) such coverage shall be pursuant to

5 provisions of the federal Social Security Act;

6 (ii) such coverage shall include all services

7 covered while the person was eligible for basic

8 maintenance assistance;

9 (iii) no premium shall be charged for such

10 coverage; and

11 (iv) such coverage shall be suspended in the

12 event of a person's failure without good cause to

13 file in a timely fashion reports required for this

14 coverage under the Social Security Act and

15 coverage shall be reinstated upon the filing of

16 such reports if the person remains otherwise

17 eligible.

18 9. Persons with acquired immunodeficiency syndrome

19 (AIDS) or with AIDS-related conditions with respect to whom

20 there has been a determination that but for home or

21 community-based services such individuals would require

22 the level of care provided in an inpatient hospital,

23 skilled nursing facility or intermediate care facility the

24 cost of which is reimbursed under this Article. Assistance

25 shall be provided to such persons to the maximum extent

26 permitted under Title XIX of the Federal Social Security

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1 Act.

2 10. Participants in the long-term care insurance

3 partnership program established under the Illinois

4 Long-Term Care Partnership Program Act who meet the

5 qualifications for protection of resources described in

6 Section 15 of that Act.

7 11. Persons with disabilities who are employed and

8 eligible for Medicaid, pursuant to Section

9 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,

10 subject to federal approval, persons with a medically

11 improved disability who are employed and eligible for

12 Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of

13 the Social Security Act, as provided by the Illinois

14 Department by rule. In establishing eligibility standards

15 under this paragraph 11, the Department shall, subject to

16 federal approval:

17 (a) set the income eligibility standard at not

18 lower than 350% of the federal poverty level;

19 (b) exempt retirement accounts that the person

20 cannot access without penalty before the age of 59 1/2,

21 and medical savings accounts established pursuant to

22 26 U.S.C. 220;

23 (c) allow non-exempt assets up to $25,000 as to

24 those assets accumulated during periods of eligibility

25 under this paragraph 11; and

26 (d) continue to apply subparagraphs (b) and (c) in

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1 determining the eligibility of the person under this

2 Article even if the person loses eligibility under this

3 paragraph 11.

4 12. Subject to federal approval, persons who are

5 eligible for medical assistance coverage under applicable

6 provisions of the federal Social Security Act and the

7 federal Breast and Cervical Cancer Prevention and

8 Treatment Act of 2000. Those eligible persons are defined

9 to include, but not be limited to, the following persons:

10 (1) persons who have been screened for breast or

11 cervical cancer under the U.S. Centers for Disease

12 Control and Prevention Breast and Cervical Cancer

13 Program established under Title XV of the federal

14 Public Health Services Act in accordance with the

15 requirements of Section 1504 of that Act as

16 administered by the Illinois Department of Public

17 Health; and

18 (2) persons whose screenings under the above

19 program were funded in whole or in part by funds

20 appropriated to the Illinois Department of Public

21 Health for breast or cervical cancer screening.

22 "Medical assistance" under this paragraph 12 shall be

23 identical to the benefits provided under the State's

24 approved plan under Title XIX of the Social Security Act.

25 The Department must request federal approval of the

26 coverage under this paragraph 12 within 30 days after the

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1 effective date of this amendatory Act of the 92nd General

2 Assembly.

3 In addition to the persons who are eligible for medical

4 assistance pursuant to subparagraphs (1) and (2) of this

5 paragraph 12, and to be paid from funds appropriated to the

6 Department for its medical programs, any uninsured person

7 as defined by the Department in rules residing in Illinois

8 who is younger than 65 years of age, who has been screened

9 for breast and cervical cancer in accordance with standards

10 and procedures adopted by the Department of Public Health

11 for screening, and who is referred to the Department by the

12 Department of Public Health as being in need of treatment

13 for breast or cervical cancer is eligible for medical

14 assistance benefits that are consistent with the benefits

15 provided to those persons described in subparagraphs (1)

16 and (2). Medical assistance coverage for the persons who

17 are eligible under the preceding sentence is not dependent

18 on federal approval, but federal moneys may be used to pay

19 for services provided under that coverage upon federal

20 approval.

21 13. Subject to appropriation and to federal approval,

22 persons living with HIV/AIDS who are not otherwise eligible

23 under this Article and who qualify for services covered

24 under Section 5-5.04 as provided by the Illinois Department

25 by rule.

26 14. Subject to the availability of funds for this

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1 purpose, the Department may provide coverage under this

2 Article to persons who reside in Illinois who are not

3 eligible under any of the preceding paragraphs and who meet

4 the income guidelines of paragraph 2(a) of this Section and

5 (i) have an application for asylum pending before the

6 federal Department of Homeland Security or on appeal before

7 a court of competent jurisdiction and are represented

8 either by counsel or by an advocate accredited by the

9 federal Department of Homeland Security and employed by a

10 not-for-profit organization in regard to that application

11 or appeal, or (ii) are receiving services through a

12 federally funded torture treatment center. Medical

13 coverage under this paragraph 14 may be provided for up to

14 24 continuous months from the initial eligibility date so

15 long as an individual continues to satisfy the criteria of

16 this paragraph 14. If an individual has an appeal pending

17 regarding an application for asylum before the Department

18 of Homeland Security, eligibility under this paragraph 14

19 may be extended until a final decision is rendered on the

20 appeal. The Department may adopt rules governing the

21 implementation of this paragraph 14.

22 15. Family Care Eligibility.

23 (a) On and after July 1, 2012, a caretaker relative

24 who is 19 years of age or older when countable income

25 is at or below 133% of the Federal Poverty Level

26 Guidelines, as published annually in the Federal

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1 Register, for the appropriate family size. A person may

2 not spend down to become eligible under this paragraph

3 15.

4 (b) Eligibility shall be reviewed annually.

5 (c) (Blank).

6 (d) (Blank).

7 (e) (Blank).

8 (f) (Blank).

9 (g) (Blank).

10 (h) (Blank).

11 (i) Following termination of an individual's

12 coverage under this paragraph 15, the individual must

13 be determined eligible before the person can be

14 re-enrolled.

15 16. Subject to appropriation, uninsured persons who

16 are not otherwise eligible under this Section who have been

17 certified and referred by the Department of Public Health

18 as having been screened and found to need diagnostic

19 evaluation or treatment, or both diagnostic evaluation and

20 treatment, for prostate or testicular cancer. For the

21 purposes of this paragraph 16, uninsured persons are those

22 who do not have creditable coverage, as defined under the

23 Health Insurance Portability and Accountability Act, or

24 have otherwise exhausted any insurance benefits they may

25 have had, for prostate or testicular cancer diagnostic

26 evaluation or treatment, or both diagnostic evaluation and

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1 treatment. To be eligible, a person must furnish a Social

2 Security number. A person's assets are exempt from

3 consideration in determining eligibility under this

4 paragraph 16. Such persons shall be eligible for medical

5 assistance under this paragraph 16 for so long as they need

6 treatment for the cancer. A person shall be considered to

7 need treatment if, in the opinion of the person's treating

8 physician, the person requires therapy directed toward

9 cure or palliation of prostate or testicular cancer,

10 including recurrent metastatic cancer that is a known or

11 presumed complication of prostate or testicular cancer and

12 complications resulting from the treatment modalities

13 themselves. Persons who require only routine monitoring

14 services are not considered to need treatment. "Medical

15 assistance" under this paragraph 16 shall be identical to

16 the benefits provided under the State's approved plan under

17 Title XIX of the Social Security Act. Notwithstanding any

18 other provision of law, the Department (i) does not have a

19 claim against the estate of a deceased recipient of

20 services under this paragraph 16 and (ii) does not have a

21 lien against any homestead property or other legal or

22 equitable real property interest owned by a recipient of

23 services under this paragraph 16.

24 17. Persons who, pursuant to a waiver approved by the

25 Secretary of the U.S. Department of Health and Human

26 Services, are eligible for medical assistance under Title

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1 XIX or XXI of the federal Social Security Act.

2 Notwithstanding any other provision of this Code and

3 consistent with the terms of the approved waiver, the

4 Illinois Department, may by rule:

5 (a) Limit the geographic areas in which the waiver

6 program operates.

7 (b) Determine the scope, quantity, duration, and

8 quality, and the rate and method of reimbursement, of

9 the medical services to be provided, which may differ

10 from those for other classes of persons eligible for

11 assistance under this Article.

12 (c) Restrict the persons' freedom in choice of

13 providers.

14 18. Beginning January 1, 2014, persons aged 19 or

15 older, but younger than 65, who are not otherwise eligible

16 for medical assistance under this Section 5-2, who qualify

17 for medical assistance pursuant to 42 U.S.C.

18 1396a(a)(10)(A)(i)(VIII) and as set forth in 42 CFR

19 435.119, and who have income at or below 133% of the

20 federal poverty level plus 5% for the applicable family

21 size as determined pursuant to 42 U.S.C. 1396a(e)(14) and

22 as set forth in 42 CFR 435.603. Persons eligible for

23 medical assistance under this paragraph 18 shall receive

24 coverage for the Health Benefits Service Package as that

25 term is defined in subsection (m) of Section 5-1.1 of this

26 Code. If Illinois' federal medical assistance percentage

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1 (FMAP) is reduced below 90% for persons eligible for

2 medical assistance under this paragraph 18, eligibility

3 under this paragraph 18 shall cease no later than the end

4 of the third month following the month in which the

5 reduction in FMAP takes effect.

6 In implementing the provisions of Public Act 96-20, the

7 Department is authorized to adopt only those rules necessary,

8 including emergency rules. Nothing in Public Act 96-20 permits

9 the Department to adopt rules or issue a decision that expands

10 eligibility for the FamilyCare Program to a person whose income

11 exceeds 185% of the Federal Poverty Level as determined from

12 time to time by the U.S. Department of Health and Human

13 Services, unless the Department is provided with express

14 statutory authority.

15 The Illinois Department and the Governor shall provide a

16 plan for coverage of the persons eligible under paragraph 7 as

17 soon as possible after July 1, 1984.

18 The eligibility of any such person for medical assistance

19 under this Article is not affected by the payment of any grant

20 under the Senior Citizens and Disabled Persons Property Tax

21 Relief Act or any distributions or items of income described

22 under subparagraph (X) of paragraph (2) of subsection (a) of

23 Section 203 of the Illinois Income Tax Act. The Department

24 shall by rule establish the amounts of assets to be disregarded

25 in determining eligibility for medical assistance, which shall

26 at a minimum equal the amounts to be disregarded under the

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1 Federal Supplemental Security Income Program. The amount of

2 assets of a single person to be disregarded shall not be less

3 than $2,000, and the amount of assets of a married couple to be

4 disregarded shall not be less than $3,000.

5 To the extent permitted under federal law, any person found

6 guilty of a second violation of Article VIIIA shall be

7 ineligible for medical assistance under this Article, as

8 provided in Section 8A-8.

9 The eligibility of any person for medical assistance under

10 this Article shall not be affected by the receipt by the person

11 of donations or benefits from fundraisers held for the person

12 in cases of serious illness, as long as neither the person nor

13 members of the person's family have actual control over the

14 donations or benefits or the disbursement of the donations or

15 benefits.

16 Notwithstanding any other provision of this Code, if the

17 United States Supreme Court holds Title II, Subtitle A, Section

18 2001(a) of Public Law 111-148 to be unconstitutional, or if a

19 holding of Public Law 111-148 makes Medicaid eligibility

20 allowed under Section 2001(a) inoperable, the State or a unit

21 of local government shall be prohibited from enrolling

22 individuals in the Medical Assistance Program as the result of

23 federal approval of a State Medicaid waiver on or after the

24 effective date of this amendatory Act of the 97th General

25 Assembly, and any individuals enrolled in the Medical

26 Assistance Program pursuant to eligibility permitted as a

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1 result of such a State Medicaid waiver shall become immediately

2 ineligible.

3 Notwithstanding any other provision of this Code, if an Act

4 of Congress that becomes a Public Law eliminates Section

5 2001(a) of Public Law 111-148, the State or a unit of local

6 government shall be prohibited from enrolling individuals in

7 the Medical Assistance Program as the result of federal

8 approval of a State Medicaid waiver on or after the effective

9 date of this amendatory Act of the 97th General Assembly, and

10 any individuals enrolled in the Medical Assistance Program

11 pursuant to eligibility permitted as a result of such a State

12 Medicaid waiver shall become immediately ineligible.

13 (Source: P.A. 96-20, eff. 6-30-09; 96-181, eff. 8-10-09;

14 96-328, eff. 8-11-09; 96-567, eff. 1-1-10; 96-1000, eff.

15 7-2-10; 96-1123, eff. 1-1-11; 96-1270, eff. 7-26-10; 97-48,

16 eff. 6-28-11; 97-74, eff. 6-30-11; 97-333, eff. 8-12-11;

17 97-687, eff. 6-14-12; 97-689, eff. 6-14-12; 97-813, eff.

18 7-13-12; revised 7-23-12.)

19 Section 99. Effective date. This Act takes effect upon

20 becoming law.