97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0777

 

Introduced 2/8/2011, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/5-4  from Ch. 23, par. 5-4

    Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning the amount and nature of medical assistance.


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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 5-4 as follows:
 
6    (305 ILCS 5/5-4)  (from Ch. 23, par. 5-4)
7    Sec. 5-4. Amount and nature of medical assistance. The The
8amount and nature of medical assistance shall be determined by
9the County Departments in accordance with the standards, rules,
10and regulations of the Department of Healthcare and Family
11Services, with due regard to the requirements and conditions in
12each case, including contributions available from legally
13responsible relatives. However, the amount and nature of such
14medical assistance shall not be affected by the payment of any
15grant under the Senior Citizens and Disabled Persons Property
16Tax Relief and Pharmaceutical Assistance Act or any
17distributions or items of income described under subparagraph
18(X) of paragraph (2) of subsection (a) of Section 203 of the
19Illinois Income Tax Act. The amount and nature of medical
20assistance shall not be affected by the receipt of donations or
21benefits from fundraisers in cases of serious illness, as long
22as neither the person nor members of the person's family have
23actual control over the donations or benefits or the

 

 

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1disbursement of the donations or benefits.
2    In determining the income and assets available to the
3institutionalized spouse and to the community spouse, the
4Department of Healthcare and Family Services shall follow the
5procedures established by federal law. The community spouse
6resource allowance shall be established and maintained at the
7maximum level permitted pursuant to Section 1924(f)(2) of the
8Social Security Act, as now or hereafter amended, or an amount
9set after a fair hearing, whichever is greater. The monthly
10maintenance allowance for the community spouse shall be
11established and maintained at the maximum level permitted
12pursuant to Section 1924(d)(3)(C) of the Social Security Act,
13as now or hereafter amended. Subject to the approval of the
14Secretary of the United States Department of Health and Human
15Services, the provisions of this Section shall be extended to
16persons who but for the provision of home or community-based
17services under Section 4.02 of the Illinois Act on the Aging,
18would require the level of care provided in an institution, as
19is provided for in federal law.
20    The Department of Human Services shall notify in writing
21each institutionalized spouse who is a recipient of medical
22assistance under this Article, and each such person's community
23spouse, of the changes in treatment of income and resources,
24including provisions for protecting income for a community
25spouse and permitting the transfer of resources to a community
26spouse, required by enactment of the federal Medicare

 

 

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1Catastrophic Coverage Act of 1988 (Public Law 100-360). The
2notification shall be in language likely to be easily
3understood by those persons. The Department of Human Services
4also shall reassess the amount of medical assistance for which
5each such recipient is eligible as a result of the enactment of
6that federal Act, whether or not a recipient requests such a
7reassessment.
8(Source: P.A. 95-331, eff. 8-21-07.)