Illinois General Assembly - Full Text of SB2962
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Full Text of SB2962  102nd General Assembly

SB2962eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2962 EngrossedLRB102 19026 KTG 27790 b

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.
8    (a) The amount and nature of medical assistance shall be
9determined in accordance with the standards, rules, and
10regulations of the Department of Healthcare and Family
11Services, with due regard to the requirements and conditions
12in each 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 Persons with Disabilities
16Property Tax Relief Act or any distributions or items of
17income described under subparagraph (X) of paragraph (2) of
18subsection (a) of Section 203 of the Illinois Income Tax Act.
19The amount and nature of medical assistance shall not be
20affected by the receipt of donations or benefits from
21fundraisers in cases of serious illness, as long as neither
22the person nor members of the person's family have actual
23control over the donations or benefits or the disbursement of

 

 

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1the donations or benefits.
2    In determining the income and resources 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. If an institutionalized
6spouse or community spouse refuses to comply with the
7requirements of Title XIX of the federal Social Security Act
8and the regulations duly promulgated thereunder by failing to
9provide the total value of assets, including income and
10resources, to the extent either the institutionalized spouse
11or community spouse has an ownership interest in them pursuant
12to 42 U.S.C. 1396r-5, such refusal may result in the
13institutionalized spouse being denied eligibility and
14continuing to remain ineligible for the medical assistance
15program based on failure to cooperate.
16    Subject to federal approval, the community spouse resource
17allowance shall be established and maintained at the maximum
18amount higher of $109,560 or the minimum level permitted
19pursuant to Section 1924(f)(2)(A)(ii)(II) of the Social
20Security Act, as now or hereafter amended, or an amount set
21after a fair hearing, or the amount transferred by the
22institutionalized spouse to the community spouse by court
23order, whichever is greater. The monthly maintenance allowance
24for the community spouse shall be established and maintained
25at the maximum amount higher of $2,739 per month or the minimum
26level permitted pursuant to Section 1924(d)(3)(C) of the

 

 

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1Social Security Act, as now or hereafter amended, or an amount
2set after a fair hearing, or the amount transferred by the
3institutionalized spouse to the community spouse by court
4order, whichever is greater. Subject to the approval of the
5Secretary of the United States Department of Health and Human
6Services, the provisions of this Section shall be extended to
7persons who but for the provision of home or community-based
8services under Section 4.02 of the Illinois Act on the Aging,
9would require the level of care provided in an institution, as
10is provided for in federal law.
11    (b) Spousal support for institutionalized spouses
12receiving medical assistance.
13        (i) The Department may seek support for an
14    institutionalized spouse, who has assigned his or her
15    right of support from his or her spouse to the State, from
16    the resources and income available to the community
17    spouse.
18        (ii) The Department may bring an action in the circuit
19    court to establish support orders or itself establish
20    administrative support orders by any means and procedures
21    authorized in this Code, as applicable, except that the
22    standard and regulations for determining ability to
23    support in Section 10-3 shall not limit the amount of
24    support that may be ordered.
25        (iii) Proceedings may be initiated to obtain support,
26    or for the recovery of aid granted during the period such

 

 

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1    support was not provided, or both, for the obtainment of
2    support and the recovery of the aid provided. Proceedings
3    for the recovery of aid may be taken separately or they may
4    be consolidated with actions to obtain support. Such
5    proceedings may be brought in the name of the person or
6    persons requiring support or may be brought in the name of
7    the Department, as the case requires.
8        (iv) The orders for the payment of moneys for the
9    support of the person shall be just and equitable and may
10    direct payment thereof for such period or periods of time
11    as the circumstances require, including support for a
12    period before the date the order for support is entered.
13    In no event shall the orders reduce the community spouse
14    resource allowance below the level established in
15    subsection (a) of this Section or an amount set after a
16    fair hearing, whichever is greater, or reduce the monthly
17    maintenance allowance for the community spouse below the
18    level permitted pursuant to subsection (a) of this
19    Section.
20(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)
 
21    Section 99. Effective date. This Act takes effect January
221, 2023.