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Full Text of SB3554
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SB3554 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3554
Introduced 2/5/2026, by Sen. David Koehler
SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-70 new
Amends the Medical Assistance Article of the Illinois Public Aid
Code. Provides that, on and after January 1, 2027, certain services shall
be eligible for reimbursement at approved programs through the Brain
Injury waiver for eligible individuals over the age of 21, including, but
not limited to: (1) case management; (2) nursing services; (3) medical
oversight by consulting medical director; (4) physical therapy; and (5)
occupational therapy. Requires the Department of Human Services to
reimburse approved programs at the rates in effect for the Home and
Community-Based Services Waiver program most recently approved. Effective
January 1, 2027.
LRB104 19789 KTG 33239 b
A BILL FOR
SB3554
LRB104 19789 KTG 33239 b
1
AN ACT concerning State government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Public Aid Code is amended by
5
adding Section 5-70 as follows:
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(305 ILCS 5/5-70 new)
7
Sec. 5-70.
Brain injury waiver services.
8
(a) Findings. The General Assembly finds that:
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(1) Annually, over 141,000 new brain injuries are
10
sustained by children and adult Illinois residents.
11
(2) The State provides services and support for
12
individuals with brain injuries through the Persons with
13
Brain Injury waiver, which is part of the Home and
14
Community-Based Services Waiver and is operated by the
15
Department of Human Services' Division of Rehabilitation
16
Services. This program is administered by the Department
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of Healthcare and Family Services. Day-to-day operations
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are managed by the Department of Human Services' Division
19
of Rehabilitation Services. These services are offered for
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individuals who are at risk of being placed in a nursing
21
facility for care due to functional limitations caused by
22
a brain injury.
23
(3) Individuals are eligible for Brain Injury waivers
SB3554
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LRB104 19789 KTG 33239 b
1
if, among other requirements, they have an acquired brain
2
injury as documented by a physician or neurologist. This
3
includes traumatic brain injuries, infections, anoxia,
4
stroke, aneurysm, electrical injury, malignant or benign
5
tumors, neoplasm of the brain, and toxic encephalopathy.
6
(4) Twenty-two states currently offer care in the
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community funding options for adults with brain injury who
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require residential supports and services.
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(5) Illinois does not currently offer reimbursement
10
for care to programs providing brain injury care services
11
for individuals over the age of 21. As a result, these
12
individuals must stop receiving care abruptly in their
13
current programs when they age out of eligibility for
14
reimbursement and must be transferred to a nursing home at
15
age 21, or transferred to another state that can seek
16
reimbursement from the State of Illinois for the provision
17
of services for this age group. This causes a disruption
18
in care and separation of families. Illinois Medicaid
19
funds are used to support these individuals in accessing
20
out-of-state care, resulting in funding going to
21
out-of-state providers and being paid at higher
22
out-of-state rates.
23
(b) As used in this Section, "approved programs" includes
24
programs authorized to provide care under the Medicaid Home
25
and Community-Based Services Waiver program.
26
(c) Notwithstanding any other provision of this Code to
SB3554
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LRB104 19789 KTG 33239 b
1
the contrary, on and after January 1, 2027, the following
2
services shall be eligible for reimbursement at approved
3
programs through the Brain Injury waiver for eligible
4
individuals over the age of 21:
5
(1) Case management.
6
(2) Nursing services.
7
(3) Medical oversight by consulting medical director.
8
(4) Physical therapy.
9
(5) Occupational therapy.
10
(6) Speech language therapy.
11
(7) Behavioral intervention and therapy.
12
(8) Individual and family counseling.
13
(9) Life skills training, including community
14
re-access training.
15
(10) Residential habilitation.
16
(11) Day habilitation.
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(d) The Department of Human Services shall reimburse
18
approved programs at the rates in effect for the Home and
19
Community-Based Services Waiver program most recently approved
20
under authority of Section 1915(c) of the Social Security Act.
21
Section 99.
Effective date.
This Act takes effect January
22
1, 2027.
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