# 89 Ill. Adm. Code 120.510: Section 120.510 Health Benefits for Workers with Disabilities

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_510

## Section

- **Citation:** 89 Ill. Adm. Code 120.510
- **Heading:** Section 120.510 Health Benefits for Workers with Disabilities
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 89 SOCIAL SERVICES / CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES / Part 120 MEDICAL ASSISTANCE PROGRAMS / Section 120.510 Health Benefits for Workers with Disabilities

## Text

Section 120.510  Health
Benefits for Workers with Disabilities
a)         To be eligible for medical assistance under Health Benefits
for Workers with Disabilities, an individual must meet all of the following
eligibility requirements:
1)         Cooperate in establishing eligibility as described in Section
120.308.
2)         Meet citizenship/immigration status as described in Section
120.310.
3)         Meet residency requirements as described in Section 120.311.
4)         Be disabled as described in Section 120.314.
5)         Assign rights to medical support and collection of payment as
described in Section 120.319.
6)         Furnish a Social Security number(s) as described in Section
120.327.
7)         Be 16 through 64 years of age.
8)         Have countable monthly income at or below 350 percent of the
Federal Poverty Level.
9)         Have non-exempt assets at or below $25,000.
10)         Be employed pursuant to subsection (l)(1) of this Section or
qualify for an exception as described in subsection (l)(2) of this Section.
11)         Pay a premium pursuant to subsections (m) and (n) of this
Section.
b)         An individual shall not be determined eligible if the
individual is otherwise eligible for medical assistance without a spenddown.
c)         An individual who is otherwise eligible for medical assistance
with a spenddown and who meets the requirements of this Section shall have the
option of enrolling in medical assistance with a spenddown or Health Benefits
for Workers with Disabilities.
d)         An individual's eligibility shall be terminated if the
individual no longer meets the requirements of this Section.
e)         Certain assets shall be exempt from consideration in
determining eligibility in accordance with Section 120.381.  In addition,
retirement accounts that the individual cannot access without penalty before
the age of 59½ and medical savings accounts established pursuant to 26 USC 220
shall be exempt
all be terminated if the
individual no longer meets the requirements of this Section.
e)         Certain assets shall be exempt from consideration in
determining eligibility in accordance with Section 120.381.  In addition,
retirement accounts that the individual cannot access without penalty before
the age of 59½ and medical savings accounts established pursuant to 26 USC 220
shall be exempt.
f)         The earned and unearned income of the following persons shall
be counted when determining eligibility, except as specified in subsections
(g), (h) and (i) of this Section.
1)         Income of the individual.
2)         Income of the spouse.
3)         Unearned income of a dependent child under the age of 18 years
who is included in the income standard (see Section 120.20) because it is to
the advantage of the individual.
g)         Monthly unearned income shall be counted as described in
Sections 120.330 through 120.345 and Sections 120.350, 120.355, 120.371 and
120.376.
h)         Monthly earned income shall be considered as described in
Sections 120.360, 120.361, 120.371, 120.372, 120.373 and 120.375.
i)          The Department shall exempt earned income as provided in
Section 120.362(a) and (b)(1).  In addition, work related expenses that are
allowed as deductions for AABD MANG as described in Section 120.370 shall be
deducted.
j)          Application Process
1)         Individuals can apply by completing an application provided by
the Department and submitting it to an address specified by the Department.
2)         The application must meet all requirements found at 89 Ill.
Adm. Code 110.10(a), (c), (e) and (i).
k)         Authorization of Medical Assistance Eligibility
1)         Medical assistance coverage will not be provided for any month
for which eligibility is established unless a premium is paid in accordance
with subsections (m) and (n) of this Section
ress specified by the Department.
2)         The application must meet all requirements found at 89 Ill.
Adm. Code 110.10(a), (c), (e) and (i).
k)         Authorization of Medical Assistance Eligibility
1)         Medical assistance coverage will not be provided for any month
for which eligibility is established unless a premium is paid in accordance
with subsections (m) and (n) of this Section.
2)         Subject to subsections (k)(2)(A), (B) and (C) of this Section,
the applicant may choose to receive medical assistance for months prior to the
initial month of prospective eligibility as determined in accordance with
subsections (m) and (n) of this Section.
A)        Eligibility will be effective no earlier than the third month
before the month of application if the applicant received covered medical
services during that period and would have been eligible if he or she had
applied for Health Benefits for Workers with Disabilities.
B)        Months of backdated coverage selected must be consecutive and
must be continuous with the initial month of prospective eligibility.
C)        Monthly premiums must be paid for all the months of coverage.
l)          Individuals Considered Employed
1)         For purposes of this program, an individual shall be
considered employed if the individual provides verification that current
payment under the Federal Insurance Contributions Act (FICA) or Illinois
Municipal Retirement Fund (IMRF) has been made on behalf of the individual.
2)         Under the following circumstances, an individual may be
enrolled in this program without providing evidence of employment as described
in subsection (l)(1) of this Section:
A)        Individuals who are not employed at the time of application,
but who can verify that they will be employed within 60 days, may be enrolled
but will not be considered eligible until they begin employment and pay the
appropriate premium in accordance with subsections (m) and (n) of this Section
without providing evidence of employment as described
in subsection (l)(1) of this Section:
A)        Individuals who are not employed at the time of application,
but who can verify that they will be employed within 60 days, may be enrolled
but will not be considered eligible until they begin employment and pay the
appropriate premium in accordance with subsections (m) and (n) of this Section.
B)        Individuals who become unable to work for medical reasons after
enrollment in this program who wish to remain in the program. Such individuals:
i)          Must report to the Department within 30 days after the first
day that they were unable to work.
ii)         Must provide a physician's written statement that they are
unable to work, but that the anticipated date for the return to work is within
90 days after the first day they were unable to work.
iii)        Must pay premiums in accordance with subsections (m) and (n)
of this Section for the months during which they do not work.
C)        Individuals who cease employment for any other reason may
continue to be enrolled for 30 days after the employment ends provided they pay
premiums in accordance with subsections (m) and (n) of this Section for the
period during which they do not work.
3)         Eligibility shall be terminated:
A)        If an individual determined to be employed according to
subsection (l)(2)(A) of this Section does not provide evidence of employment
pursuant to subsection (l)(1) of this Section within 30 days after enrollment.
B)        If an individual is unable to work for medical reasons, as
described in subsection (l)(2)(B) of this Section, for 90 days or more.
C)        If an individual ceases employment for any other reason
(subsection (l)(2)(C) of this Section) and does not obtain new employment
within 30 days after cessation of employment
t to subsection (l)(1) of this Section within 30 days after enrollment.
B)        If an individual is unable to work for medical reasons, as
described in subsection (l)(2)(B) of this Section, for 90 days or more.
C)        If an individual ceases employment for any other reason
(subsection (l)(2)(C) of this Section) and does not obtain new employment
within 30 days after cessation of employment.
m)        Premiums
1)         The Department must receive payment of the monthly premium for
an applicant's initial prospective month of eligibility before the applicant
can be enrolled in this program.  If payment of the premium is received by the
20th day of the month, the initial month of prospective eligibility shall begin
the first day of the following month.  (For example, if the premium payment is
received on February 20, coverage shall begin on March 1.  If the premium
payment is received after February 20 but before March 21, coverage shall begin
on April 1.)
2)         Premiums for months of backdated coverage must be paid within
90 days after the date of the notice of eligibility approval.
3)         Subsequent premiums are due on the 20th day of the month prior
to the month of coverage.
4)         If payment of the premium is not received in full by the end
of the month following the due date of the premium, coverage will terminate
effective the end of the second month following the due date and collection action
may be initiated by the Department for the unpaid premiums for months of
coverage.
n)         Determination of Premium Amount
1)         Premiums shall be based upon an individual's combined gross
unearned and countable earned income as determined at the point of application
or review or redetermination of eligibility.
2)         The Department shall reset a premium prospectively based on
verified income.
3)         Premium amounts shall be established as set forth in the
following monthly premium tables
emium Amount
1)         Premiums shall be based upon an individual's combined gross
unearned and countable earned income as determined at the point of application
or review or redetermination of eligibility.
2)         The Department shall reset a premium prospectively based on
verified income.
3)         Premium amounts shall be established as set forth in the
following monthly premium tables.
$s Per Month
Countable Earned Income
Gross Unearned Income
0-
250
251-500
501-750
751-1000
1001-1250
1251-1500
1501-1750
1751-2000
2001-2250
2251-2500
2501-2750
2751-3000
0-250
--
19
38
56
75
94
113
131
150
169
188
206
251-500
6
25
44
63
81
100
119
137
156
175
194
212
501-750
13
31
50
69
88
107
126
144
163
182
201
219
751-1000
19
38
56
75
94
113
132
150
169
188
207
225
1001-1250
25
44
63
81
100
119
137
156
175
194
213
231
1251-1500
31
50
79
87
106
125
144
162
181
200
219
237
1501-1750
38
57
76
94
113
132
151
169
188
206
226
244
1751-2000
44
63
82
100
119
138
157
175
194
213
232
250
2001-2250
50
69
88
106
125
144
163
181
200
219
238
256
2251-2500
56
75
94
112
131
150
169
187
206
225
244
262
2501-2750
63
82
101
119
138
157
176
194
213
232
251
269
2751-3000
69
88
107
125
144
163
182
200
219
238
257
275
3001-3250
75
94
113
131
150
169
188
206
225
244
263
281
3251-3500
81
100
119
137
156
175
194
212
231
250
269
287
3501-3750
88
107
126
144
163
182
201
219
238
257
276
294
3751-4000
94
113
132
150
169
188
207
225
244
263
282
300
4001-4250
100
119
138
156
175
194
213
231
250
269
288
306
4251-4500
106
125
144
162
181
200
219
237
256
275
294
312
4501-4750
113
132
151
169
188
207
226
244
263
282
301
319
4751-5000
119
138
157
175
194
213
232
250
269
288
307
325
5000 +
125
144
163
181
200
219
238
256
275
294
313
331
$s Per Month
Countable Earned
Income
Gross Unearned
Income
3001-3250
3251-3500
3501-3750
3751-4000
4001-4250
4251-4500
4501-4750
4751-5000
5000+
0-250
225
244
263
281
300
319
338
356
375
251-500
231
250
269
287
306
325
344
362
381
501-750
238
257
276
294
313
332
351
369
388
751-1000
244
263
282
300
319
338
357
375
394
232
250
269
288
307
325
5000 +
125
144
163
181
200
219
238
256
275
294
313
331
$s Per Month
Countable Earned
Income
Gross Unearned
Income
3001-3250
3251-3500
3501-3750
3751-4000
4001-4250
4251-4500
4501-4750
4751-5000
5000+
0-250
225
244
263
281
300
319
338
356
375
251-500
231
250
269
287
306
325
344
362
381
501-750
238
257
276
294
313
332
351
369
388
751-1000
244
263
282
300
319
338
357
375
394
1001-1250
250
269
288
306
325
344
363
381
400
1251-1500
256
275
294
312
331
350
369
387
406
1501-1750
263
282
301
319
338
357
376
394
413
1751-2000
269
288
307
325
344
363
382
400
419
2001-2250
275
294
313
331
350
369
388
406
425
2251-2500
281
300
319
337
356
375
394
412
431
2501-2750
288
307
326
344
363
382
401
419
438
2751-3000
294
313
332
350
369
388
407
425
444
3001-3250
300
319
338
356
375
394
413
431
450
3251-3500
306
325
344
362
381
400
419
437
456
3501-3750
313
332
351
369
388
407
426
444
463
3751-4000
319
338
357
375
394
413
432
450
469
4001-4250
325
344
363
381
400
419
438
456
475
4251-4500
331
350
369
387
406
425
444
462
481
4501-4750
338
357
376
394
413
432
451
469
488
4751-5000
344
363
382
400
419
438
457
475
494
5000+
350
369
388
406
425
444
463
481
500
o)         Medicaid
Buy-In Program Revolving Fund (see 305 ILCS 5/12-10.6)
1)         The
Medicaid Buy-In Revolving Fund consists of premiums paid by eligible
individuals under this Section.
2)         Monies
in the Fund may be used to pay costs incurred by the Department for:
A)        Administering
the Health Benefits for Workers with Disabilities (HBWD) program, including,
but not limited to, staff, equipment, travel, outreach activities and other
operating costs.
B)        Personal
assistance services (PAS) provided at an individual's work site
individuals under this Section.
2)         Monies
in the Fund may be used to pay costs incurred by the Department for:
A)        Administering
the Health Benefits for Workers with Disabilities (HBWD) program, including,
but not limited to, staff, equipment, travel, outreach activities and other
operating costs.
B)        Personal
assistance services (PAS) provided at an individual's work site.  PAS under the
HBWD program is limited to individuals who do not already receive PAS, have a
need for such services on the basis of a disability as described in Section
120.314, and, except for their income and non-exempt assets, would be eligible
for the Community Care Program as described at 89 Ill. Adm. Code 240.  The
need, amount and duration of PAS will be assessed through a determination of
need process.

## Nearby sections

- [89 Ill. Adm. Code 120.500 Section 120.500  Health Benefits for Persons with Breast or Cervical Cancer](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_500.md)
- [89 Ill. Adm. Code 120.510 Section 120.510  Health Benefits for Workers with Disabilities](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_510.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P120_S120_510. Check the current official text before relying on it. Not legal advice.
