07
DEPARTMENT
OF HEALTHCARE
NOTICE
OF EMERGENCY AMENDMENTS
1)
Heading of the Part: Medical Assistance Programs
2)
Code Citation: 89 Ill. Adm. Code 120
3)
Section Numbers: Emergency Action:
120.32
Amendment
120.33
New Section
4)
Statutory Authority: Sections 5/5.2(2) and 12-13 of the
ILCS
5/5.2(2) and 5/12-13]
5)
Effective Date:
6) If
this emergency amendment is to expire before the end of the 150-day period, please
specify the date on which it is to expire: These emergency
amendments will not expire
before the end of the 150-day period unless the identical
proposed rulemaking is adopted.
7)
Date Filed with the Index Department :
8) A
copy of the emergency amendments, including any materials incorporated by
reference, is on file in the agency's principal office and
is available for public inspection.
9)
Reason for Emergency: The emergency amendment is necessary to respond to the
President’s
veto of federal legislation reauthorizing the federal State Children’s Health
Insurance Program (SCHIP). Just before sunset of SCHIP on
U.S.
Congress sent the President reauthorizing legislation that the President vetoed
on
override the President’s veto. This federal action puts the
healthcare of between 15,000
and 20,000 parents in jeopardy.
In
addition, the Department has determined that FamilyCare
coverage must be extended
immediately to approximately 147,000 parents and other
caretaker relatives with income
up to 400 percent of the federal poverty level. Many working
families in
access to affordable health insurance. Numerous studies show
that lack of insurance
negatively affects the health status of individuals posing a
threat to their health and
wellbeing. In addition, worker productivity is affected to
the detriment of the economy
of
insurance, increasing costs to
07
DEPARTMENT
OF HEALTHCARE
NOTICE
OF EMERGENCY AMENDMENTS
employees and making them non-competitive in the global
economy. The lack of access
to insurance has reached a crisis level requiring immediate
action.
HFS
has examined the relationship between enrollment of children and making
coverage
available to their parents. The Department has identified a
close positive correlation
between making coverage available to parents and increasing
the enrollment of children.
One
of the themes emerging from the national debate concerning the reauthorization
of
SCHIP
is that, states may be held accountable for very high performance enrollment
targets among children. That is, when SCHIP is eventually
reauthorized, it is likely to
make some portion of funding contingent on states having
very low numbers of
uninsured children. It is therefore encumbent
upon the State to act now to do all it can,
including covering more parents, to enroll all eligible
children.
10) Complete Description of the Subjects and Issues Involved:
This emergency rulemaking preserves FamilyCare benefits for approximately 15,000 to 20,000 parents and other caretaker relatives with income above 133 percent up to and to include 185 percent of poverty who were previously covered under 89 Ill. Adm. Code 125. Further, the emergency rulemaking expands FamilyCare to cover an additional 147,000 uninsured parents and other caretaker relatives with income up to and including 400 percent of poverty.
children under the authority of the Public Aid Code and
the Children’s Health Insurance
Program
Act (CHIPA). The coverage of adults under CHIPA is contingent upon federal
approval of a waiver to permit the State to receive matching
funds under the federal State
Children’s
Health Insurance Program (SCHIP) for their costs. As SCHIP has not been
reauthorized,
With
this rulemaking, the Department will establish eligibility for all parents and
other
caretaker relatives using its authority under the Public
Aid Code.
11) Are there any other proposed rulemakings pending on this
Part? No
12)
Statement of Statewide Policy Objectives: These emergency amendments neither
create
nor expand any State mandate affecting units of local
government. These emergency
amendments preserve FamilyCare
coverage at levels in place since
further expand coverage to uninsured parents and caretakers
with income up to and
including 400 percent of poverty.
07
DEPARTMENT
OF HEALTHCARE
NOTICE
OF EMERGENCY AMENDMENTS
13)
Information and questions regarding these emergency amendments shall be
directed to:
Tamara
Tanzillo Hoffman
Chief
of Staff
Illinois
Department of Healthcare and Family Services
217/557-7157
The full text of the Emergency Amendments begins on the next page :