305 ILCS 5/12-4.35
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article XII - Administration

(Text of Section from P.A. 102-16)Sec. 12-4.35. Medical services for certain noncitizens.(a) Notwithstanding    Section 1-11 of this Code or Section 20(a) of the Children's Health Insurance  Program Act, the Department of Healthcare and Family Services may provide medical services to  noncitizens who have not yet attained 19 years of age and who are not eligible  for medical assistance under Article V of this Code or under the Children's  Health Insurance Program created by the Children's Health Insurance Program Act  due to their not meeting the otherwise applicable provisions of Section 1-11  of this Code or Section 20(a) of the Children's Health Insurance Program Act.  The medical services available, standards for eligibility, and other conditions  of participation under this Section shall be established by rule by the  Department; however, any such rule shall be at least as restrictive as the  rules for medical assistance under Article V of this Code or the Children's  Health Insurance Program created by the Children's Health Insurance Program  Act.(a-5) Notwithstanding Section 1-11 of this Code, the Department of Healthcare and Family Services may provide medical assistance in accordance with Article V of this Code to noncitizens over the age of 65 years of age who are not eligible for medical assistance under Article V of this Code due to their not meeting the otherwise applicable provisions of Section 1-11 of this Code, whose income is at or below 100% of the federal poverty level after deducting the costs of medical or other remedial care, and who would otherwise meet the  eligibility requirements in Section 5-2 of this Code.  The medical services available, standards for eligibility, and other conditions of participation under this Section shall be established by rule by the Department; however, any such rule shall be at least as restrictive as the rules for medical assistance under Article V of this Code.(a-6) By May 30, 2022, notwithstanding Section 1-11 of this Code, the Department of Healthcare and Family Services may provide medical services to noncitizens 55 years of age through 64 years of age who (i) are not eligible for medical assistance under Article V of this Code due to their not meeting the otherwise applicable provisions of Section 1-11 of this Code and  (ii) have income at or below 133% of the federal poverty level plus 5% for the applicable family size as determined under applicable federal law and regulations. Persons eligible for medical services under this amendatory Act of the 102nd General Assembly shall receive benefits identical to the benefits provided under the Health Benefits Service Package as that term is defined in subsection (m) of Section 5-1.1 of this Code.(b) The Department is authorized to take any action, including without  limitation cessation or limitation of enrollment, reduction of available medical services,  and changing standards for eligibility, that is deemed necessary by the  Department during a State fiscal year to assure that payments under this  Section do not exceed available funds.(c) Continued enrollment of  individuals into the program created under subsection (a) of this Section in any fiscal year is  contingent upon continued enrollment of individuals into the Children's Health  Insurance Program during that fiscal year.(d) (Blank).  (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)(Text of Section from P.A. 102-43, Article 25, Section 25-15)Sec. 12-4.35. Medical services for certain noncitizens.(a) Notwithstanding    Section 1-11 of this Code or Section 20(a) of the Children's Health Insurance  Program Act, the Department of Healthcare and Family Services may provide medical services to  noncitizens who have not yet attained 19 years of age and who are not eligible  for medical assistance under Article V of this Code or under the Children's  Health Insurance Program created by the Children's Health Insurance Program Act  due to their not meeting the otherwise applicable provisions of Section 1-11  of this Code or Section 20(a) of the Children's Health Insurance Program Act.  The medical services available, standards for eligibility, and other conditions  of participation under this Section shall be established by rule by the  Department; however, any such rule shall be at least as restrictive as the  rules for medical assistance under Article V of this Code or the Children's  Health Insurance Program created by the Children's Health Insurance Program  Act.(a-5) Notwithstanding Section 1-11 of this Code, the Department of Healthcare and Family Services may provide medical assistance in accordance with Article V of this Code to noncitizens over the age of 65 years of age who are not eligible for medical assistance under Article V of this Code due to their not meeting the otherwise applicable provisions of Section 1-11 of this Code, whose income is at or below 100% of the federal poverty level after deducting the costs of medical or other remedial care, and who would otherwise meet the  eligibility requirements in Section 5-2 of this Code.  The medical services available, standards for eligibility, and other conditions of participation under this Section shall be established by rule by the Department; however, any such rule shall be at least as restrictive as the rules for medical assistance under Article V of this Code.(b) The Department is authorized to take any action that would not otherwise be prohibited by applicable law, including without  limitation cessation or limitation of enrollment, reduction of available medical services,  and changing standards for eligibility, that is deemed necessary by the  Department during a State fiscal year to assure that payments under this  Section do not exceed available funds.(c) (Blank).(d) (Blank).  (Source: P.A. 101-636, eff. 6-10-20; 102-43, Article 25, Section 25-15, eff. 7-6-21.)(Text of Section from P.A. 102-43, Article 45, Section 45-5)Sec. 12-4.35. Medical services for certain noncitizens.(a) Notwithstanding    Section 1-11 of this Code or Section 20(a) of the Children's Health Insurance  Program Act, the Department of Healthcare and Family Services may provide medical services to  noncitizens who have not yet attained 19 years of age and who are not eligible  for medical assistance under Article V of this Code or under the Children's  Health Insurance Program created by the Children's Health Insurance Program Act  due to their not meeting the otherwise applicable provisions of Section 1-11  of this Code or Section 20(a) of the Children's Health Insurance Program Act.  The medical services available, standards for eligibility, and other conditions  of participation under this Section shall be established by rule by the  Department; however, any such rule shall be at least as restrictive as the  rules for medical assistance under Article V of this Code or the Children's  Health Insurance Program created by the Children's Health Insurance Program  Act.(a-5) Notwithstanding Section 1-11 of this Code, the Department of Healthcare and Family Services may provide medical assistance in accordance with Article V of this Code to noncitizens over the age of 65 years of age who are not eligible for medical assistance under Article V of this Code due to their not meeting the otherwise applicable provisions of Section 1-11 of this Code, whose income is at or below 100% of the federal poverty level after deducting the costs of medical or other remedial care, and who would otherwise meet the  eligibility requirements in Section 5-2 of this Code.  The medical services available, standards for eligibility, and other conditions of participation under this Section shall be established by rule by the Department; however, any such rule shall be at least as restrictive as the rules for medical assistance under Article V of this Code.(a-10) Notwithstanding the provisions of Section 1-11, the Department shall cover immunosuppressive drugs and related services associated with post-kidney transplant management, excluding long-term care costs, for noncitizens who: (i) are not eligible for comprehensive medical benefits; (ii) meet the residency requirements of Section 5-3; and (iii) would meet the financial eligibility requirements of Section 5-2.(b) The Department is authorized to take any action, including without  limitation cessation or limitation of enrollment, reduction of available medical services,  and changing standards for eligibility, that is deemed necessary by the  Department during a State fiscal year to assure that payments under this  Section do not exceed available funds.(c) Continued enrollment of  individuals into the program created under subsection (a) of this Section in any fiscal year is  contingent upon continued enrollment of individuals into the Children's Health  Insurance Program during that fiscal year.(d) (Blank).  (Source: P.A. 101-636, eff. 6-10-20; 102-43, Article 45, Section 45-5, eff. 7-6-21.)