SB0484 94TH GENERAL ASSEMBLY

LRB094 08335 DRJ 38528 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0484

Introduced 2/16/2005, by Sen. Christine Radogno

SYNOPSIS AS INTRODUCED:

305 ILCS 5/3-1	from Ch. 23, par. 3-1
305 ILCS 5/3-4	from Ch. 23, par. 3-4

Amends the Illinois Public Aid Code. In provisions concerning the Aid to the Aged, Blind or Disabled (AABD) program, provides that "disabled person", for purposes of qualifying for aid under the program, means a person who satisfies the disability standard used by the Social Security Administration (instead of a person age 18 or over who has a physical or mental impairment, disease, or loss which is of a permanent nature and which substantially impairs his ability to perform labor or services or to engage in useful occupations for which he is qualified, as determined by rule and regulation of the Department of Human Services). Sets forth procedures that the Department of Human Services must follow when it makes its own determinations of disability instead of accepting a determination made by the Social Security Administration. Provides that any division of the Department that provides or funds medical services that would be reimbursable under Medicaid may make disability determinations for purposes of determining eligibility for Medicaid, so long as the determinations are made using the rules, regulations, and other regulatory guidance materials that are relied upon by the Illinois Bureau of Disability Determination Services in the Department's Division of Rehabilitation Services in determining disability. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Sections 3-1 and 3-4 as follows:

(305 ILCS 5/3-1) (from Ch. 23, par. 3-1)

Sec. 3-1. Eligibility Requirements. Financial aid in meeting basic maintenance requirements for a livelihood compatible with health and well-being shall be given under this Article to or in behalf of aged, blind, or disabled persons who meet the eligibility conditions of Sections 3-1.1 through 3-1.7. Financial aid under this Article shall be available only for persons who are receiving Supplemental Security Income (SSI) or who have been found ineligible for SSI (i) on the basis of income or (ii) due to expiration of the period of eligibility for refugees and asylees pursuant to 8 U.S.C. 1612(a)(2). Financial aid based on item (ii) of this paragraph shall be available until July 1, 2006.

"Aged person" means a person who has attained age 65, as demonstrated by such evidence of age as the Illinois Department may by rule prescribe.

"Blind person" means a person who has no vision or whose vision with corrective glasses is so defective as to prevent the performance of ordinary duties or tasks for which eyesight is essential. The Illinois Department shall define blindness in terms of ophthalmic measurements or ocular conditions. For purposes of this Act, an Illinois Disabled Person Identification Card issued pursuant to The Illinois Identification Card Act, indicating that the person thereon named has a Type 3 disability shall be evidence that such person is a blind person within the meaning of this Section; however, such a card shall not qualify such person for aid as a blind person under this Act, and eligibility for aid as a blind person shall be determined as provided in this Act.

"Disabled person", for purposes of qualifying for aid under this Article III, means a person who satisfies the disability standard used by the Social Security Administration, as set forth in 20 CFR 416, Subpart I age 18 or over who has a physical or mental impairment, disease, or loss which is of a permanent nature and which substantially impairs his ability to perform labor or services or to engage in useful occupations for which he is qualified, as determined by rule and regulation of the Illinois Department. For purposes of this Act, an Illinois Disabled Person Identification Card issued pursuant to The Illinois Identification Card Act, indicating that the person thereon named has a Type 1 or 2, Class 2 disability shall be evidence that such person is a disabled person under this Section; however, such a card shall not qualify such person for aid as a disabled person under this Act, and eligibility for aid as a disabled person shall be determined as provided in this Act. If federal law or regulation permit or require the inclusion of blind or disabled persons whose blindness or disability is not of the degree specified in the foregoing definitions, or permit or require the inclusion of disabled persons under age 18 or aged persons under age 65, the Illinois Department, upon written approval of the Governor, may provide by rule that all aged, blind or disabled persons toward whose aid federal funds are available be eligible for assistance under this Article as is given to those who meet the foregoing definitions of blind person and disabled person or aged person.

(Source: P.A. 93-741, eff. 7-15-04.)

(305 ILCS 5/3-4) (from Ch. 23, par. 3-4)

Sec. 3-4. Examination as to disability.

(a) For all purposes, the Illinois Department may accept determinations as to disability performed under the auspices of the Federal Social Security Administration and properly certified to the Department.

(b) When the Department of Human Services makes its own determinations as to disability, it shall do the following:

(1) Rely on all rules, regulations, and other regulatory guidance materials that are relied upon by the Illinois Bureau of Disability Determination Services in the Division of Rehabilitation Services in determining disability.

(2) Determine whether an applicant has an application for benefits based on disability pending with the Social Security Administration for a period of time covered by the application for benefits under this Article. If an applicant has such an application pending, the Department shall request copies of all medical and other records held by the Social Security Administration or the Bureau of Disability Determination Services for use in determining disability for purposes of benefits under this Article.

(3) Determine whether an applicant for benefits under this Article is receiving services that are provided by or paid for by the Department, including, but not limited to, the Department's Division of Mental Health, Division of Rehabilitation Services, or Division of Developmental Disabilities, or by the Community Care Program of the Department on Aging. If the applicant is receiving such services, the Department shall:

(A) request that all medical records concerning the applicant be submitted from other divisions of the Department and from the Department on Aging to the Department of Human Services staff charged with making disability determinations; and

(B) record the results of disability determinations for applicants for benefits under this Article who are receiving services from other divisions of the Department or from the Department on Aging, categorized by agency.

(4) Obtain releases of information signed by applicants for benefits under this Article for the purpose of allowing the Department to obtain medical and other records, including, but not limited to, records from the Social Security Administration, the Department's Division of Rehabilitation Services, the Department's Division of Mental Health, county health departments, and community mental health agencies.

(c) Any division of the Department of Human Services that provides or funds medical services that would be reimbursable under the program of medical assistance under Article V may make disability determinations for purposes of determining eligibility for medical assistance, so long as the determinations are made using the rules, regulations, and other regulatory guidance materials that are relied upon by the Illinois Bureau of Disability Determination Services in the Department's Division of Rehabilitation Services in determining disability.

(Source: P.A. 89-21, eff. 7-1-95.)

Section 99. Effective date. This Act takes effect upon becoming law.