(305 ILCS 5/5-4)
(from Ch. 23, par. 5-4)
Amount and nature of medical assistance.
(a) The amount and nature of
medical assistance shall be determined in accordance
with the standards, rules, and regulations of the Department of Healthcare and Family Services, with due regard to the requirements and conditions in each case,
including contributions available from legally responsible
relatives. However, the amount and nature of such medical assistance shall
not be affected by the payment of any grant under the Senior Citizens and
Persons with Disabilities Property Tax Relief Act or any
distributions or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois Income Tax
The amount and nature of medical assistance shall not be affected by the
receipt of donations or benefits from fundraisers in cases of serious
illness, as long as neither the person nor members of the person's family
have actual control over the donations or benefits or the disbursement of
the donations or benefits.
In determining the income and resources available to the institutionalized
spouse and to the community spouse, the Department of Healthcare and Family Services
shall follow the procedures established by federal law. If an institutionalized spouse or community spouse refuses to comply with the requirements of Title XIX of the federal Social Security Act and the regulations duly promulgated thereunder by failing to provide the total value of assets, including income and resources, to the extent either the institutionalized spouse or community spouse has an ownership interest in them pursuant to 42 U.S.C. 1396r-5, such refusal may result in the institutionalized spouse being denied eligibility and continuing to remain ineligible for the medical assistance program based on failure to cooperate.
Subject to federal approval, the community spouse
resource allowance shall be established and maintained at the higher of $109,560 or the minimum level
permitted pursuant to Section 1924(f)(2) of the Social Security Act, as now
or hereafter amended, or an amount set after a fair hearing, whichever is
greater. The monthly maintenance allowance for the community spouse shall be
established and maintained at the higher of $2,739 per month or the minimum level permitted pursuant to Section
1924(d)(3) of the Social Security Act, as now or hereafter amended, or an amount set after a fair hearing, whichever is greater. Subject
to the approval of the Secretary of the United States Department of Health and
Human Services, the provisions of this Section shall be extended to persons who
but for the provision of home or community-based services under Section
4.02 of the Illinois Act on the Aging, would require the level of care provided
in an institution, as is provided for in federal law.
(b) Spousal support for institutionalized spouses receiving medical assistance.
(i) The Department may seek support for an
institutionalized spouse, who has assigned his or her right of support from his or her spouse to the State, from the resources and income available to the community spouse.
(ii) The Department may bring an action in the
circuit court to establish support orders or itself establish administrative support orders by any means and procedures authorized in this Code, as applicable, except that the standard and regulations for determining ability to support in Section 10-3 shall not limit the amount of support that may be ordered.
(iii) Proceedings may be initiated to obtain support,
or for the recovery of aid granted during the period such support was not provided, or both, for the obtainment of support and the recovery of the aid provided. Proceedings for the recovery of aid may be taken separately or they may be consolidated with actions to obtain support. Such proceedings may be brought in the name of the person or persons requiring support or may be brought in the name of the Department, as the case requires.
(iv) The orders for the payment of moneys for the
support of the person shall be just and equitable and may direct payment thereof for such period or periods of time as the circumstances require, including support for a period before the date the order for support is entered. In no event shall the orders reduce the community spouse resource allowance below the level established in subsection (a) of this Section or an amount set after a fair hearing, whichever is greater, or reduce the monthly maintenance allowance for the community spouse below the level permitted pursuant to subsection (a) of this Section.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)