Bill Text: IL HB5308 | 2017-2018 | 100th General Assembly | Engrossed

Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall not require any person committed to the custody of the Department of Corrections who is eligible for medical assistance to pay a fee as a co-payment for services.

Spectrum: Moderate Partisan Bill (Democrat 21-3)

Status: (Engrossed) 2018-07-02 - Rule 19(b) / Re-referred to Rules Committee [HB5308 Detail]

Download: Illinois-2017-HB5308-Engrossed.html

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1 AN ACT concerning public aid.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5changing Section 5-4.1 as follows:
6 (305 ILCS 5/5-4.1) (from Ch. 23, par. 5-4.1)
7 Sec. 5-4.1. Co-payments. The Department may by rule provide
8that recipients under any Article of this Code shall pay a fee
9as a co-payment for services. Co-payments shall be maximized to
10the extent permitted by federal law, except that the Department
11shall impose a co-pay of $2 on generic drugs. Provided,
12however, that any such rule must provide that no co-payment
13requirement can exist for renal dialysis, radiation therapy,
14cancer chemotherapy, or insulin, and other products necessary
15on a recurring basis, the absence of which would be life
16threatening, or where co-payment expenditures for required
17services and/or medications for chronic diseases that the
18Illinois Department shall by rule designate shall cause an
19extensive financial burden on the recipient, and provided no
20co-payment shall exist for emergency room encounters which are
21for medical emergencies. The Department shall seek approval of
22a State plan amendment that allows pharmacies to refuse to
23dispense drugs in circumstances where the recipient does not

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1pay the required co-payment. Co-payments may not exceed $10 for
2emergency room use for a non-emergency situation as defined by
3the Department by rule and subject to federal approval.
4 Notwithstanding the other provisions of this Section or any
5other law, the Department shall not require any person
6incarcerated in a facility of the Department of Corrections who
7is eligible for medical assistance under this Article to pay a
8fee as a co-payment for services.
9(Source: P.A. 96-1501, eff. 1-25-11; 97-74, eff. 6-30-11;
1097-689, eff. 6-14-12.)
11 Section 10. The Unified Code of Corrections is amended by
12changing Section 3-6-2 as follows:
13 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
14 Sec. 3-6-2. Institutions and Facility Administration.
15 (a) Each institution and facility of the Department shall
16be administered by a chief administrative officer appointed by
17the Director. A chief administrative officer shall be
18responsible for all persons assigned to the institution or
19facility. The chief administrative officer shall administer
20the programs of the Department for the custody and treatment of
21such persons.
22 (b) The chief administrative officer shall have such
23assistants as the Department may assign.
24 (c) The Director or Assistant Director shall have the

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1emergency powers to temporarily transfer individuals without
2formal procedures to any State, county, municipal or regional
3correctional or detention institution or facility in the State,
4subject to the acceptance of such receiving institution or
5facility, or to designate any reasonably secure place in the
6State as such an institution or facility and to make transfers
7thereto. However, transfers made under emergency powers shall
8be reviewed as soon as practicable under Article 8, and shall
9be subject to Section 5-905 of the Juvenile Court Act of 1987.
10This Section shall not apply to transfers to the Department of
11Human Services which are provided for under Section 3-8-5 or
12Section 3-10-5.
13 (d) The Department shall provide educational programs for
14all committed persons so that all persons have an opportunity
15to attain the achievement level equivalent to the completion of
16the twelfth grade in the public school system in this State.
17Other higher levels of attainment shall be encouraged and
18professional instruction shall be maintained wherever
19possible. The Department may establish programs of mandatory
20education and may establish rules and regulations for the
21administration of such programs. A person committed to the
22Department who, during the period of his or her incarceration,
23participates in an educational program provided by or through
24the Department and through that program is awarded or earns the
25number of hours of credit required for the award of an
26associate, baccalaureate, or higher degree from a community

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1college, college, or university located in Illinois shall
2reimburse the State, through the Department, for the costs
3incurred by the State in providing that person during his or
4her incarceration with the education that qualifies him or her
5for the award of that degree. The costs for which reimbursement
6is required under this subsection shall be determined and
7computed by the Department under rules and regulations that it
8shall establish for that purpose. However, interest at the rate
9of 6% per annum shall be charged on the balance of those costs
10from time to time remaining unpaid, from the date of the
11person's parole, mandatory supervised release, or release
12constituting a final termination of his or her commitment to
13the Department until paid.
14 (d-5) A person committed to the Department is entitled to
15confidential testing for infection with human immunodeficiency
16virus (HIV) and to counseling in connection with such testing,
17with no copay to the committed person. A person committed to
18the Department who has tested positive for infection with HIV
19is entitled to medical care while incarcerated, counseling, and
20referrals to support services, in connection with that positive
21test result. Implementation of this subsection (d-5) is subject
22to appropriation.
23 (e) A person committed to the Department who becomes in
24need of medical or surgical treatment but is incapable of
25giving consent thereto shall receive such medical or surgical
26treatment by the chief administrative officer consenting on the

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1person's behalf. Before the chief administrative officer
2consents, he or she shall obtain the advice of one or more
3physicians licensed to practice medicine in all its branches in
4this State. If such physician or physicians advise:
5 (1) that immediate medical or surgical treatment is
6 required relative to a condition threatening to cause
7 death, damage or impairment to bodily functions, or
8 disfigurement; and
9 (2) that the person is not capable of giving consent to
10 such treatment; the chief administrative officer may give
11 consent for such medical or surgical treatment, and such
12 consent shall be deemed to be the consent of the person for
13 all purposes, including, but not limited to, the authority
14 of a physician to give such treatment.
15 (e-5) If a physician providing medical care to a committed
16person on behalf of the Department advises the chief
17administrative officer that the committed person's mental or
18physical health has deteriorated as a result of the cessation
19of ingestion of food or liquid to the point where medical or
20surgical treatment is required to prevent death, damage, or
21impairment to bodily functions, the chief administrative
22officer may authorize such medical or surgical treatment.
23 (f) In the event that the person requires medical care and
24treatment at a place other than the institution or facility,
25the person may be removed therefrom under conditions prescribed
26by the Department. The Department shall not require any

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1committed person receiving medical or dental treatment or
2services to pay a fee as a co-payment for such treatment or
3services. The Department shall require the committed person
4receiving medical or dental services on a non-emergency basis
5to pay a $5 co-payment to the Department for each visit for
6medical or dental services. The amount of each co-payment shall
7be deducted from the committed person's individual account. A
8committed person who has a chronic illness, as defined by
9Department rules and regulations, shall be exempt from the $5
10co-payment for treatment of the chronic illness. A committed
11person shall not be subject to a $5 co-payment for follow-up
12visits ordered by a physician, who is employed by, or contracts
13with, the Department. A committed person who is indigent is
14exempt from the $5 co-payment and is entitled to receive
15medical or dental services on the same basis as a committed
16person who is financially able to afford the co-payment. For
17purposes of this Section only, "indigent" means a committed
18person who has $20 or less in his or her Inmate Trust Fund at
19the time of such services and for the 30 days prior to such
20services. Notwithstanding any other provision in this
21subsection (f) to the contrary, any person committed to any
22facility operated by the Department of Juvenile Justice, as set
23forth in Section 3-2.5-15 of this Code, is exempt from the
24co-payment requirement for the duration of confinement in those
26 (g) Any person having sole custody of a child at the time

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1of commitment or any woman giving birth to a child after her
2commitment, may arrange through the Department of Children and
3Family Services for suitable placement of the child outside of
4the Department of Corrections. The Director of the Department
5of Corrections may determine that there are special reasons why
6the child should continue in the custody of the mother until
7the child is 6 years old.
8 (h) The Department may provide Family Responsibility
9Services which may consist of, but not be limited to the
11 (1) family advocacy counseling;
12 (2) parent self-help group;
13 (3) parenting skills training;
14 (4) parent and child overnight program;
15 (5) parent and child reunification counseling, either
16 separately or together, preceding the inmate's release;
17 and
18 (6) a prerelease reunification staffing involving the
19 family advocate, the inmate and the child's counselor, or
20 both and the inmate.
21 (i) (Blank).
22 (j) Any person convicted of a sex offense as defined in the
23Sex Offender Management Board Act shall be required to receive
24a sex offender evaluation prior to release into the community
25from the Department of Corrections. The sex offender evaluation
26shall be conducted in conformance with the standards and

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1guidelines developed under the Sex Offender Management Board
2Act and by an evaluator approved by the Board.
3 (k) Any minor committed to the Department of Juvenile
4Justice for a sex offense as defined by the Sex Offender
5Management Board Act shall be required to undergo sex offender
6treatment by a treatment provider approved by the Board and
7conducted in conformance with the Sex Offender Management Board
9 (l) Prior to the release of any inmate committed to a
10facility of the Department or the Department of Juvenile
11Justice, the Department must provide the inmate with
12appropriate information verbally, in writing, by video, or
13other electronic means, concerning HIV and AIDS. The Department
14shall develop the informational materials in consultation with
15the Department of Public Health. At the same time, the
16Department must also offer the committed person the option of
17testing for infection with human immunodeficiency virus (HIV),
18with no copayment for the test. Pre-test information shall be
19provided to the committed person and informed consent obtained
20as required in subsection (d) of Section 3 and Section 5 of the
21AIDS Confidentiality Act. The Department may conduct opt-out
22HIV testing as defined in Section 4 of the AIDS Confidentiality
23Act. If the Department conducts opt-out HIV testing, the
24Department shall place signs in English, Spanish and other
25languages as needed in multiple, highly visible locations in
26the area where HIV testing is conducted informing inmates that

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1they will be tested for HIV unless they refuse, and refusal or
2acceptance of testing shall be documented in the inmate's
3medical record. The Department shall follow procedures
4established by the Department of Public Health to conduct HIV
5testing and testing to confirm positive HIV test results. All
6testing must be conducted by medical personnel, but pre-test
7and other information may be provided by committed persons who
8have received appropriate training. The Department, in
9conjunction with the Department of Public Health, shall develop
10a plan that complies with the AIDS Confidentiality Act to
11deliver confidentially all positive or negative HIV test
12results to inmates or former inmates. Nothing in this Section
13shall require the Department to offer HIV testing to an inmate
14who is known to be infected with HIV, or who has been tested
15for HIV within the previous 180 days and whose documented HIV
16test result is available to the Department electronically. The
17testing provided under this subsection (l) shall consist of a
18test approved by the Illinois Department of Public Health to
19determine the presence of HIV infection, based upon
20recommendations of the United States Centers for Disease
21Control and Prevention. If the test result is positive, a
22reliable supplemental test based upon recommendations of the
23United States Centers for Disease Control and Prevention shall
24be administered.
25 Prior to the release of an inmate who the Department knows
26has tested positive for infection with HIV, the Department in a

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1timely manner shall offer the inmate transitional case
2management, including referrals to other support services.
3 (m) The chief administrative officer of each institution or
4facility of the Department shall make a room in the institution
5or facility available for addiction recovery services to be
6provided to committed persons on a voluntary basis. The
7services shall be provided for one hour once a week at a time
8specified by the chief administrative officer of the
9institution or facility if the following conditions are met:
10 (1) the addiction recovery service contacts the chief
11 administrative officer to arrange the meeting;
12 (2) the committed person may attend the meeting for
13 addiction recovery services only if the committed person
14 uses pre-existing free time already available to the
15 committed person;
16 (3) all disciplinary and other rules of the institution
17 or facility remain in effect;
18 (4) the committed person is not given any additional
19 privileges to attend addiction recovery services;
20 (5) if the addiction recovery service does not arrange
21 for scheduling a meeting for that week, no addiction
22 recovery services shall be provided to the committed person
23 in the institution or facility for that week;
24 (6) the number of committed persons who may attend an
25 addiction recovery meeting shall not exceed 40 during any
26 session held at the correctional institution or facility;

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1 (7) a volunteer seeking to provide addiction recovery
2 services under this subsection (m) must submit an
3 application to the Department of Corrections under
4 existing Department rules and the Department must review
5 the application within 60 days after submission of the
6 application to the Department; and
7 (8) each institution and facility of the Department
8 shall manage the addiction recovery services program
9 according to its own processes and procedures.
10 For the purposes of this subsection (m), "addiction
11recovery services" means recovery services for alcoholics and
12addicts provided by volunteers of recovery support services
13recognized by the Department of Human Services.
14(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
15eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12;
1697-813, eff. 7-13-12.)