Bill Text: IL HB3270 | 2015-2016 | 99th General Assembly | Chaptered


Bill Title: Amends the Illinois Public Aid Code. Provides that to the extent permitted by federal law and notwithstanding any other provision of the Code to the contrary, all persons incarcerated for at least 6 months at a county jail, juvenile detention center, or State correctional facility shall have their eligibility for medical assistance determined by the Department of Human Services prior to their release from custody. Grants the Department of Human Services rulemaking authority.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2015-08-20 - Public Act . . . . . . . . . 99-0415 [HB3270 Detail]

Download: Illinois-2015-HB3270-Chaptered.html



Public Act 099-0415
HB3270 EnrolledLRB099 09148 KTG 29345 b
AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 1-8.5 as follows:
(305 ILCS 5/1-8.5)
Sec. 1-8.5. Eligibility for medical assistance during
periods of incarceration or detention.
(a) To the extent permitted by federal law and
notwithstanding any other provision of this Code, the
Department of Healthcare and Family Services shall not cancel a
person's eligibility for medical assistance, nor shall the
Department deny a person's application for medical assistance,
solely because that person has become or is an inmate of a
public institution, including, but not limited to, a county
jail, juvenile detention center, or State correctional
facility. The person may be and remain enrolled for medical
assistance as long as all other eligibility criteria are met.
(b) The Department may adopt rules to permit a person to
apply for medical assistance while he or she is an inmate of a
public institution as described in subsection (a). The rules
may limit applications to persons who would be likely to
qualify for medical assistance if they resided in the
community. Any such person who is not already enrolled for
medical assistance may apply for medical assistance prior to
the date of scheduled release or discharge from a penal
institution or county jail or similar status.
(c) Except as provided under Section 17 of the County Jail
Act, the Department shall not be responsible to provide medical
assistance under this Code for any medical care, services, or
supplies provided to a person while he or she is an inmate of a
public institution as described in subsection (a). The
responsibility for providing medical care shall remain as
otherwise provided by law with the Department of Corrections,
county, or other arresting authority. The Department may seek
federal financial participation, to the extent that it is
available and with the cooperation of the Department of
Juvenile Justice, the Department of Corrections, or the
relevant county, for the costs of those services.
(d) To the extent permitted under State and federal law,
the Department shall develop procedures to expedite required
periodic reviews of continued eligibility for persons
described in subsection (a).
(e) Counties, the Department of Juvenile Justice, the
Department of Human Services, and the Department of Corrections
shall cooperate with the Department in administering this
Section. That cooperation shall include managing eligibility
processing and sharing information sufficient to inform the
Department, in a manner established by the Department, that a
person enrolled in the medical assistance program has been
detained or incarcerated.
(f) The Department shall resume responsibility for
providing medical assistance upon release of the person to the
community as long as all of the following apply:
(1) The person is enrolled for medical assistance at
the time of release.
(2) Neither a county, the Department of Juvenile
Justice, the Department of Corrections, nor any other
criminal justice authority continues to bear
responsibility for the person's medical care.
(3) The county, the Department of Juvenile Justice, or
the Department of Corrections provides timely notice of the
date of release in a manner established by the Department.
(g) This Section applies on and after December 31, 2011.
(Source: P.A. 98-139, eff. 1-1-14.)
Section 10. The Unified Code of Corrections is amended by
changing Section 3-14-1 as follows:
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the Institution.
(a) Upon release of a person on parole, mandatory release,
final discharge or pardon the Department shall return all
property held for him, provide him with suitable clothing and
procure necessary transportation for him to his designated
place of residence and employment. It may provide such person
with a grant of money for travel and expenses which may be paid
in installments. The amount of the money grant shall be
determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned
person, as defined in Section 3-1-2 of this Code, is discharged
from the Department, provide him or her with any documents
necessary after discharge, including an identification card
under subsection (e) of this Section.
(a-2) The Department of Corrections may establish and
maintain, in any institution it administers, revolving funds to
be known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners.
The moneys paid into such revolving funds shall be from
appropriations to the Department for Committed, Paroled, and
Discharged Prisoners.
(b) (Blank).
(c) Except as otherwise provided in this Code, the
Department shall establish procedures to provide written
notification of any release of any person who has been
convicted of a felony to the State's Attorney and sheriff of
the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the
offender is to be paroled or released. Except as otherwise
provided in this Code, the Department shall establish
procedures to provide written notification to the proper law
enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the
offender or the commission of the offense took place in the
municipality, if the offender is to be paroled or released into
the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a
person convicted of a felony who is in the custody of the
Department of Corrections or on parole or mandatory supervised
release informs the Department that he or she has resided,
resides, or will reside at an address that is a housing
facility owned, managed, operated, or leased by a public
housing agency, the Department must send written notification
of that information to the public housing agency that owns,
manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days
before release of the person from custody, or as soon
thereafter as possible. The written notification shall be
provided electronically if the State's Attorney, sheriff,
proper law enforcement agency, or public housing agency has
provided the Department with an accurate and up to date email
address.
(c-1) (Blank).
(c-2) The Department shall establish procedures to provide
notice to the Department of State Police of the release or
discharge of persons convicted of violations of the
Methamphetamine Control and Community Protection Act or a
violation of the Methamphetamine Precursor Control Act. The
Department of State Police shall make this information
available to local, State, or federal law enforcement agencies
upon request.
(c-5) If a person on parole or mandatory supervised release
becomes a resident of a facility licensed or regulated by the
Department of Public Health, the Illinois Department of Public
Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide copies of the following
information to the appropriate licensing or regulating
Department and the licensed or regulated facility where the
person becomes a resident:
(1) The mittimus and any pre-sentence investigation
reports.
(2) The social evaluation prepared pursuant to Section
3-8-2.
(3) Any pre-release evaluation conducted pursuant to
subsection (j) of Section 3-6-2.
(4) Reports of disciplinary infractions and
dispositions.
(5) Any parole plan, including orders issued by the
Prisoner Review Board, and any violation reports and
dispositions.
(6) The name and contact information for the assigned
parole agent and parole supervisor.
This information shall be provided within 3 days of the
person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide written notification
of such residence to the following:
(1) The Prisoner Review Board.
(2) The chief of police and sheriff in the municipality
and county in which the licensed facility is located.
The notification shall be provided within 3 days of the
person becoming a resident of the facility.
(d) Upon the release of a committed person on parole,
mandatory supervised release, final discharge or pardon, the
Department shall provide such person with information
concerning programs and services of the Illinois Department of
Public Health to ascertain whether such person has been exposed
to the human immunodeficiency virus (HIV) or any identified
causative agent of Acquired Immunodeficiency Syndrome (AIDS).
(e) Upon the release of a committed person on parole,
mandatory supervised release, final discharge, pardon, or who
has been wrongfully imprisoned, the Department shall provide
the person who has met the criteria established by the
Department with an identification card identifying the person
as being on parole, mandatory supervised release, final
discharge, pardon, or wrongfully imprisoned, as the case may
be. The Department, in consultation with the Office of the
Secretary of State, shall prescribe the form of the
identification card, which may be similar to the form of the
standard Illinois Identification Card. The Department shall
inform the committed person that he or she may present the
identification card to the Office of the Secretary of State
upon application for a standard Illinois Identification Card in
accordance with the Illinois Identification Card Act. The
Department shall require the committed person to pay a $1 fee
for the identification card.
For purposes of a committed person receiving an
identification card issued by the Department under this
subsection, the Department shall establish criteria that the
committed person must meet before the card is issued. It is the
sole responsibility of the committed person requesting the
identification card issued by the Department to meet the
established criteria. The person's failure to meet the criteria
is sufficient reason to deny the committed person the
identification card. An identification card issued by the
Department under this subsection shall be valid for a period of
time not to exceed 30 calendar days from the date the card is
issued. The Department shall not be held civilly or criminally
liable to anyone because of any act of any person utilizing a
card issued by the Department under this subsection.
The Department shall adopt rules governing the issuance of
identification cards to committed persons being released on
parole, mandatory supervised release, final discharge, or
pardon.
(f) Forty-five days prior to the scheduled discharge of a
person committed to the custody of the Department of
Corrections, the Department shall give the person who is
otherwise uninsured an opportunity to apply for health care
coverage including medical assistance under Article V of the
Illinois Public Aid Code in accordance with subsection (b) of
Section 1-8.5 of the Illinois Public Aid Code, and the
Department of Corrections shall provide assistance with
completion of the application for health care coverage
including medical assistance. The Department may adopt rules to
implement this Section.
(Source: P.A. 97-560, eff. 1-1-12; 97-813, eff. 7-13-12;
98-267, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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