(305 ILCS 5/3-1.4)
(from Ch. 23, par. 3-1.4)
Residents of public institutions.
Residents of municipal,
county, state or national institutions for persons with mental illness or
persons with a developmental disability or for the tuberculous, or residents of
a home or other institution maintained by such governmental bodies when not in
need of institutional care because of sickness, convalescence, infirmity, or
chronic illness, and inmates of penal or correctional institutions maintained
by such governmental bodies, may qualify for aid under this Article only after
they have ceased to be residents or inmates, but they may apply in advance of
their discharge. Applications received from residents scheduled for discharge
from such institutions shall be processed by the Department in an expeditious
manner. For persons whose applications are approved, the date of eligibility
shall be the date of release from the institution.
A person shall not be deemed a resident of a State institution for persons
with mental illness or persons with a developmental disability within the
meaning of this Section if he or she has been conditionally discharged by
the Department of Mental Health and Developmental Disabilities or the
Department of Human Services (acting as successor to the Department of Mental
Health and Developmental Disabilities) and is no longer residing in the
Recipients of benefits under this Article who become residents of such
institutions shall be permitted a period of up to 30 days in such
institutions without suspension or termination of eligibility; if residency
in an institution extends beyond 30 days the eligibility for all benefits
except Aid to Families with Dependent Children shall be suspended.
Benefits shall be restored, effective on the date of discharge or release,
for persons who are residents of institutions. Within a reasonable time
after the discharge of a person who was a resident of an institution, the
Department shall redetermine the eligibility of such person.
The Department shall provide for procedures to expedite the determination of
disability of persons scheduled to be discharged from facilities operated
by the Department.
If federal law or regulations governing grants under this Article permit
the inclusion of persons who are residents of institutions designated in
this Section beyond the period authorized herein, the Illinois Department, upon
a determination that the appropriations for public aid are sufficient for such
purpose, and upon approval of the Governor, may provide by general and uniform
rule for the waiver of the provisions of this Section which would otherwise
disqualify such person for aid under this Article.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)