|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning public aid.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | changing Section 5-13 as follows:
| ||||||
6 | (305 ILCS 5/5-13) (from Ch. 23, par. 5-13)
| ||||||
7 | Sec. 5-13. Claim against estate of recipients. To the | ||||||
8 | extent permitted under
the federal Social Security Act, the | ||||||
9 | amount expended under this Article (1) for
a person of any age | ||||||
10 | who is an inpatient in a nursing facility, an intermediate
care | ||||||
11 | facility for the mentally retarded, or other medical | ||||||
12 | institution, or (2)
for a person aged 55 or more, shall be a | ||||||
13 | claim against the person's
estate or a claim against the estate | ||||||
14 | of the person's spouse,
regardless of the order of death , but | ||||||
15 | no recovery may
be had thereon until after the death of the | ||||||
16 | surviving spouse, if any, and then
only at such time when there | ||||||
17 | is no surviving child who is under age 21, or
blind, or | ||||||
18 | permanently and totally disabled. This Section, however, shall | ||||||
19 | not
bar recovery at the death of the person of amounts of | ||||||
20 | medical assistance paid
to or in his behalf to which he was not | ||||||
21 | entitled; provided that such
recovery shall not be enforced | ||||||
22 | against any real estate while it is occupied
as a homestead by | ||||||
23 | the surviving spouse or other dependent, if no claims by
other |
| |||||||
| |||||||
1 | creditors have been filed against the estate, or if such claims | ||||||
2 | have
been filed, they remain dormant for failure of prosecution | ||||||
3 | or failure of
the claimant to compel administration of the | ||||||
4 | estate for the purpose of
payment. The term "estate", as used | ||||||
5 | in this Section, with respect to a
deceased person, means all | ||||||
6 | real and personal property and other assets included
within the | ||||||
7 | person's estate, as that term is used in the Probate Act of | ||||||
8 | 1975;
however, in the case of a deceased person who has | ||||||
9 | received (or is entitled to
receive) benefits under a long-term | ||||||
10 | care insurance policy in connection with
which assets or | ||||||
11 | resources are disregarded to the extent that payments are made
| ||||||
12 | or because the deceased person received (or was entitled to | ||||||
13 | receive) benefits
under a long-term care insurance policy, | ||||||
14 | "estate" also includes any
other real and personal property and | ||||||
15 | other assets in which the deceased person
had any legal title | ||||||
16 | or interest at the time of his or her death (to the extent
of | ||||||
17 | that interest), including assets conveyed to a survivor, heir, | ||||||
18 | or assignee
of the deceased person through joint tenancy, | ||||||
19 | tenancy in common, survivorship,
life estate, living trust, or | ||||||
20 | other arrangement. The term "homestead", as used
in this | ||||||
21 | Section, means the dwelling house and contiguous real estate | ||||||
22 | occupied
by a surviving spouse or relative, as defined by the | ||||||
23 | rules and regulations of
the Illinois Department, regardless of | ||||||
24 | the value of the property.
| ||||||
25 | A claim arising under this Section against assets conveyed | ||||||
26 | to a survivor,
heir, or assignee of the deceased person through |
| |||||||
| |||||||
1 | joint tenancy, tenancy in
common, survivorship, life estate, | ||||||
2 | living trust, or other arrangement is not
effective until the | ||||||
3 | claim is recorded or filed in the manner provided for a
notice | ||||||
4 | of lien in Section 3-10.2. The claim is subject to the same
| ||||||
5 | requirements and conditions to which liens on real property | ||||||
6 | interests are
subject under Sections 3-10.1 through 3-10.10. A | ||||||
7 | claim arising under this
Section attaches to interests owned or | ||||||
8 | subsequently acquired by the estate of a
recipient or the | ||||||
9 | estate of a recipient's surviving spouse.
The transfer or | ||||||
10 | conveyance of any real or personal property of the estate
as
| ||||||
11 | defined in this Section shall be subject to the fraudulent | ||||||
12 | transfer conditions
that apply to real property in Section 3-11 | ||||||
13 | of this Code.
| ||||||
14 | The provisions of this Section shall not affect the | ||||||
15 | validity of claims
against estates for medical assistance | ||||||
16 | provided prior to January 1, 1966 to
aged, blind, or disabled | ||||||
17 | persons receiving aid under Articles V, VII and
VII-A of the | ||||||
18 | 1949 Code.
| ||||||
19 | Notwithstanding any other rulemaking authority that may | ||||||
20 | exist, neither the Governor nor any agency or agency head under | ||||||
21 | the jurisdiction of the Governor has any authority to make or | ||||||
22 | promulgate rules to implement or enforce the provisions of this | ||||||
23 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
24 | Governor believes that rules are necessary to implement or | ||||||
25 | enforce the provisions of this amendatory Act of the 95th | ||||||
26 | General Assembly, the Governor may suggest rules to the General |
| |||||||
| |||||||
1 | Assembly by filing them with the Clerk of the House and | ||||||
2 | Secretary of the Senate and by requesting that the General | ||||||
3 | Assembly authorize such rulemaking by law, enact those | ||||||
4 | suggested rules into law, or take any other appropriate action | ||||||
5 | in the General Assembly's discretion. Nothing contained in this | ||||||
6 | amendatory Act of the 95th General Assembly shall be | ||||||
7 | interpreted to grant rulemaking authority under any other | ||||||
8 | Illinois statute where such authority is not otherwise | ||||||
9 | explicitly given. For the purposes of this amendatory Act of | ||||||
10 | the 95th General Assembly, "rules" is given the meaning | ||||||
11 | contained in Section 1-70 of the Illinois Administrative | ||||||
12 | Procedure Act, and "agency" and "agency head" are given the | ||||||
13 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
14 | Administrative Procedure Act to the extent that such | ||||||
15 | definitions apply to agencies or agency heads under the | ||||||
16 | jurisdiction of the Governor. | ||||||
17 | (Source: P.A. 88-85; 88-554, eff. 7-26-94; 89-21, eff. 7-1-95; | ||||||
18 | 89-437, eff.
12-15-95; 89-686, eff. 12-31-96 .)
| ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
|