94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0376


 
Introduced 2/15/2005, by Sen. Donne E. Trotter
 
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.
















LRB094 10146 DRJ 40408 b

















 


 


A BILL FOR









 











SB0376

LRB094 10146 DRJ 40408 b






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    AN ACT concerning public aid.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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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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    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 
 


 






SB0376
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LRB094 10146 DRJ 40408 b




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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.)