Bill Amendment: IL HB0236 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CHILD SUPPORT-COMMITTED PERSON

Status: 2019-01-08 - Session Sine Die [HB0236 Detail]

Download: Illinois-2017-HB0236-House_Amendment_001.html

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Rep. La Shawn K. Ford

Filed: 3/16/2017

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AMENDMENT TO HOUSE BILL 236
AMENDMENT NO. ______. Amend House Bill 236 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Public Aid Code is amended by
changing Sections 5-2b and 5-4.1 as follows:
(305 ILCS 5/5-2b)
Sec. 5-2b. Medically fragile and technology dependent
children eligibility and program. Notwithstanding any other
provision of law, on and after September 1, 2012, subject to
federal approval, medical assistance under this Article shall
be available to children who qualify as persons with a
disability, as defined under the federal Supplemental Security
Income program and who are medically fragile and technology
dependent. The program shall allow eligible children to receive
the medical assistance provided under this Article in the
community and must maximize, to the fullest extent permissible

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under federal law, federal reimbursement and family
cost-sharing, including co-pays for brand name prescription
drugs, premiums, or any other family contributions, except that
the Department shall be permitted to incentivize the
utilization of selected services through the use of
cost-sharing adjustments. The Department shall establish the
policies, procedures, standards, services, and criteria for
this program by rule.
(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)
(305 ILCS 5/5-4.1) (from Ch. 23, par. 5-4.1)
Sec. 5-4.1. Co-payments; limitations. The Department may
not require recipients of benefits under any Article of this
Code to pay a fee as a co-payment for any service or generic
drug or prescribed over-the-counter drug covered under the fee
for service or managed care medical assistance programs. The
Department may by rule provide that recipients under any
Article of this Code shall pay a fee as a co-payment for brand
name prescription drugs. services. Co-payments shall be
maximized to the extent permitted by federal law, except that
the Department shall impose a co-pay of $2 on generic drugs.
Provided, however, that any such rule must provide that no
co-payment requirement can exist for renal dialysis, radiation
therapy, cancer chemotherapy, or insulin, and other products
necessary on a recurring basis, the absence of which would be
life threatening, or where co-payment expenditures for

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required services and/or medications for chronic diseases that
the Illinois Department shall by rule designate shall cause an
extensive financial burden on the recipient, and provided no
co-payment shall exist for emergency room encounters which are
for medical emergencies. The Department shall seek approval of
a State plan amendment that allows pharmacies to refuse to
dispense brand name prescription drugs in circumstances where
the recipient does not pay the required co-payment for a brand
name prescription drug. Co-payments may not exceed $10 for
emergency room use for a non-emergency situation as defined by
the Department by rule and subject to federal approval.
(Source: P.A. 96-1501, eff. 1-25-11; 97-74, eff. 6-30-11;
97-689, eff. 6-14-12.)".