101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0079

 

Introduced 1/23/2019, by Sen. John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/11-6  from Ch. 23, par. 11-6

    Amends the Illinois Public Aid Code. Provides that if the Department of Human Services fails to notify a facility licensed under the Nursing Home Care Act or a supportive living facility authorized under the Code that a resident's application for medical assistance or long-term care benefits is rejected or denied, the Department shall reinstate the application effective the date of rejection or denial, the caseworker assigned to process the application shall identify and retrieve all missing information on behalf of the resident, and the facility and resident shall be notified of the reinstatement, any informational requests, and the outcome. Requires the Department to expedite the processing of all reinstated applications. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 11-6 as follows:
 
6    (305 ILCS 5/11-6)  (from Ch. 23, par. 11-6)
7    Sec. 11-6. Decisions on applications. Within 10 days after
8a decision is reached on an application, the applicant shall be
9notified in writing of the decision. If the applicant resides
10in a facility licensed under the Nursing Home Care Act or a
11supportive living facility authorized under Section 5-5.01a,
12the facility shall also receive written notice of the decision,
13provided that the notification is related to a Department
14payment for services received by the applicant in the facility.
15Only facilities enrolled in and subject to a provider agreement
16under the medical assistance program under Article V may
17receive such notices of decisions. The Department shall
18consider eligibility for, and the notice shall contain a
19decision on, each of the following assistance programs for
20which the client may be eligible based on the information
21contained in the application: Temporary Assistance for Needy
22Families, Medical Assistance, Aid to the Aged, Blind and
23Disabled, General Assistance (in the City of Chicago), and food

 

 

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1stamps. No decision shall be required for any assistance
2program for which the applicant has expressly declined in
3writing to apply. If the applicant is determined to be
4eligible, the notice shall include a statement of the amount of
5financial aid to be provided and a statement of the reasons for
6any partial grant amounts. If the applicant is determined
7ineligible for any public assistance the notice shall include
8the reason why the applicant is ineligible. If the application
9for any public assistance is denied, the notice shall include a
10statement defining the applicant's right to appeal the
11decision. The Illinois Department, by rule, shall determine the
12date on which assistance shall begin for applicants determined
13eligible. That date may be no later than 30 days after the date
14of the application.
15    If the Department fails to notify a facility that a
16resident's application for medical assistance or long-term
17care benefits is rejected or denied, the Department shall
18reinstate the application effective the date of rejection or
19denial, the caseworker assigned to process the application
20shall identify and retrieve all missing information on behalf
21of the resident, and the facility and resident shall be
22notified of the reinstatement, any informational requests, and
23the outcome. The Department shall expedite the processing of
24all applications reinstated in accordance with this paragraph.
25    Under no circumstances may any application be denied solely
26to meet an application-processing deadline. As used in this

 

 

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1Section, "application" also refers to requests for admission
2approval to facilities licensed under the Nursing Home Care Act
3or to supportive living facilities authorized under Section
45-5.01a.
5(Source: P.A. 100-665, eff. 8-2-18; 100-863, eff. 8-14-18.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.