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Human Services Committee
Adopted in House Comm. on Apr 29, 2004
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LRB093 19989 DRJ 50246 a |
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| AMENDMENT TO SENATE BILL 2367
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| AMENDMENT NO. ______. Amend Senate Bill 2367 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Public Aid Code is amended by |
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| changing Section 5-4 as follows:
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| (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
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| Sec. 5-4. Amount and nature of medical assistance. The |
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| amount and nature of
medical assistance shall be determined by |
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| the county departments
County Departments in accordance
with |
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| the standards, rules, and regulations of the Illinois |
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| Department of
Public Aid, with due regard to the requirements |
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| and conditions in each case,
including contributions available |
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| from legally responsible
relatives. However, the amount and |
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| nature of such medical assistance shall
not be affected by the |
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| payment of any grant under the Senior Citizens and
Disabled |
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| Persons Property Tax Relief and Pharmaceutical Assistance Act |
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| or any
distributions or items of income described under |
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| subparagraph (X) of
paragraph (2) of subsection (a) of Section |
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| 203 of the Illinois Income Tax
Act.
The amount and nature of |
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| medical assistance shall not be affected by the
receipt of |
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| donations or benefits from fundraisers in cases of serious
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| illness, as long as neither the person nor members of the |
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| person's family
have actual control over the donations or |
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| benefits or the disbursement of
the donations or benefits.
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LRB093 19989 DRJ 50246 a |
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| In determining the income and assets available to the |
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| institutionalized
spouse and to the community spouse, the |
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| Illinois Department of Public Aid
shall follow the procedures |
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| established by federal law. The community spouse
resource |
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| allowance shall be established and maintained at the maximum |
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| level
permitted pursuant to Section 1924(f)(2) of the Social |
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| Security Act, as now
or hereafter amended, or an amount set |
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| after a fair hearing, whichever is
greater. The monthly |
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| maintenance allowance for the community spouse shall be
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| established and maintained at the maximum level permitted |
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| pursuant to Section
1924(d)(3)(C) of the Social Security Act, |
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| as now or hereafter amended. Subject
to the approval of the |
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| Secretary of the United States Department of Health and
Human |
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| Services, the provisions of this Section shall be extended to |
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| persons who
but for the provision of home or community-based |
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| services under Section
4.02 of the Illinois Act on the Aging, |
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| would require the level of care provided
in an institution, as |
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| is provided for in federal law.
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| The Department of Human Services shall notify in writing |
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| each
institutionalized
spouse who is a recipient of medical |
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| assistance under this Article, and
each such person's community |
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| spouse, of the changes in treatment of income
and resources, |
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| including provisions for protecting income for a community
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| spouse and permitting the transfer of resources to a community |
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| spouse,
required by enactment of the federal Medicare |
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| Catastrophic Coverage Act of
1988 (Public Law 100-360). The |
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| notification shall be in language likely to
be easily |
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| understood by those persons. The Department of Human
Services |
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| also shall reassess the amount of medical assistance for which |
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| each
such recipient is eligible as a result of the enactment of |
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| that federal Act,
whether or not a recipient requests such a |
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| reassessment.
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| (Source: P.A. 90-655, eff. 7-30-98; 91-676, eff. 12-23-99.)
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