305 ILCS 5/12-4.47
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article XII - Administration

Sec. 12-4.47. Continued eligibility for developmental disability services for dependents of military service members.(a) As used in this Section:"Dependent" means a spouse, birth child, adopted child, or  stepchild of a military service member."Legal resident" means a person who maintains Illinois as his  or her principal establishment, home of record, or permanent home and  to where, whenever absent due to military obligation, he or she intends  to return."Military service" means service in the armed forces or armed  forces reserves of the United States, or membership in the Illinois National Guard."Military service member" means a person who is currently in military service or who  has separated from military service in the previous 18 months through  either retirement or military separation.(b) A dependent, who is a legal resident of the State, having  previously been determined to be eligible for developmental disability  services provided by the Department of Human Services, including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he  or she remains a legal resident of the State, regardless of having left the State due to the military service member's military assignment  outside the State, and as long as he or she is otherwise eligible for such services.(c) The Department of Human Services shall permit a dependent who resides out-of-state to be placed on the waiting list for developmental disabilities services if the dependent left the State due to the military service member's military assignment outside the State, is otherwise eligible for those services, and furnishes the following:(1) a copy of the military service member's DD-214 or     other equivalent discharge paperwork; and(2) proof of the military service member's legal     residence in the State, as prescribed by the Department.(d) For dependents who received developmental disability services  and who left the State due to the military service member's military  assignment outside the State, upon the dependent's return to the State and when a request for services is made, the Department shall:(1) determine the dependent's eligibility for     services, which may include a request for waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act;(2) provide to the dependent notification of the     determination of eligibility for services, which includes notification of a denial of services if applicable;(3) provide the dependent an opportunity to contest     the Department's determination through the appeals processes established by the Department; and(4) resume services if the individual remains     eligible.(e) As a condition of  continued eligibility for services under subsection (b) of this Section,   a dependent must inform the Department of his or her  current address and provide updates as requested by the Department.(f)  No payment pursuant to this Section shall be made for developmental disability services authorized under the Illinois Title XIX State Plan and provided outside the State unless those services satisfy the conditions specified in 42 CFR 431.52.  No payment pursuant to this Section shall be made for home and community based services provided outside the State of Illinois.(g) The Department shall request a waiver from the appropriate  federal agency if a waiver is necessary to implement the provisions of this  Section.(h) The Department may adopt rules necessary to implement the  provisions of this Section.   (Source: P.A. 98-1000, eff. 8-18-14; 99-78, eff. 7-20-15.)