HB4055 97TH GENERAL ASSEMBLY

LRB097 14458 KTG 62246 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4055

Introduced , by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

305 ILCS 5/3-8	from Ch. 23, par. 3-8
305 ILCS 5/4-10	from Ch. 23, par. 4-10
305 ILCS 5/5-12	from Ch. 23, par. 5-12
305 ILCS 5/6-6	from Ch. 23, par. 6-6
305 ILCS 5/12-4.11	from Ch. 23, par. 12-4.11

Amends the Illinois Public Aid Code. Provides that the Department of Human Services shall pay, subject to appropriation and in accordance with Department standards and rules (rather than standards, rules, and regulations), the actual cost of the funeral and burial or cremation, or the maximum allowable amount for each service, whichever is less, of a deceased public aid recipient if the recipient's estate is insufficient to pay for such costs (rather than such reasonable amounts as may be necessary to meet costs of the funeral, burial space, and cemetery charges). Provides that the Department shall reduce its payments by the amount available from the following sources: the decedent's assets and available resources and the anticipated amounts of any death benefits available to the decedent's estate, and amounts paid and arranged to be paid by the decedent's legally responsible relatives. Eliminates language establishing a minimum allowable amount of not less than $1,000 for Department payment of funeral services and not less than $500 for Department payment of burial or cremation services. Eliminates language requiring the Department on January 1, 2006, July 1, 2006, and July 1, 2007 to increase the minimum reimbursement amount for funeral and burial services by a percentage equal to the percentage increase in the Consumer Price Index for all Urban Consumers, if any, during the 12 months immediately preceding that January 1 or July 1.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

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

Section 5. The Illinois Public Aid Code is amended by changing Sections 3-8, 4-10, 5-12, 6-6, and 12-4.11 as follows:

(305 ILCS 5/3-8) (from Ch. 23, par. 3-8)

Sec. 3-8. Funeral and burial. If the estate of a deceased recipient is insufficient to pay for funeral and burial expenses, and if no other resources, including assistance from legally responsible relatives, are available for such purposes, the Department shall pay, subject to appropriation and there shall be paid, in accordance with the standards and rules , rules and regulations of the Illinois Department, the actual cost of the funeral and burial or cremation, or the maximum allowable amount for each service, whichever is less. The Department shall reduce its payments by the amount available from the following sources: the decedent's assets and available resources and the anticipated amounts of any death benefits available to the decedent's estate, and amounts paid and arranged to be paid by the decedent's legally responsible relatives. The Department shall either pay the vendor or such reasonable amounts as may be necessary to meet costs of the funeral, burial space, and cemetery charges, or to reimburse any person not financially responsible for the deceased who has voluntarily made expenditures for such costs.

(Source: P.A. 90-372, eff. 7-1-98.)

(305 ILCS 5/4-10) (from Ch. 23, par. 4-10)

Sec. 4-10. Funeral and burial. If the estate of a deceased recipient is insufficient to pay for funeral and burial expenses, and if no other resources, including assistance from legally responsible relatives, are available for such purposes, the Department shall pay, subject to appropriation and there shall be paid, in accordance with the standards and rules , rules and regulations of the Illinois Department, the actual cost of the funeral and burial or cremation, or the maximum allowable amount for each service, whichever is less. The Department shall reduce its payments by the amount available from the following sources: the decedent's assets and available resources and the anticipated amounts of any death benefits available to the decedent's estate, and amounts paid and arranged to be paid by the decedent's legally responsible relatives. The Department shall either pay the vendor or such reasonable amounts as may be necessary to meet costs of the funeral, burial space, and cemetery charges or to reimburse any person not financially responsible for the deceased who has voluntarily made expenditures for such costs.

(Source: P.A. 90-372, eff. 7-1-98.)

(305 ILCS 5/5-12) (from Ch. 23, par. 5-12)

Sec. 5-12. Funeral and burial. Upon the death of a recipient who qualified under class 2, 3 or 4 of Section 5-2, if his estate is insufficient to pay his funeral and burial expenses and if no other resources, including assistance from legally responsible relatives, are available for such purposes, the Department shall pay, subject to appropriation and there shall be paid, in accordance with the standards and rules , rules and regulations of the Illinois Department of Human Services, the actual cost of the funeral and burial or cremation, or the maximum allowable amount for each service, whichever is less. The Department shall reduce its payments by the amount available from the following sources: the decedent's assets and available resources and the anticipated amounts of any death benefits available to the decedent's estate, and amounts paid and arranged to be paid by the decedent's legally responsible relatives. The Department shall either pay the vendor or such reasonable amounts as may be necessary to meet the costs of the funeral, burial space, and cemetery charges, or to reimburse any person not financially responsible for the deceased who has voluntarily made expenditures for such costs.

(Source: P.A. 92-651, eff. 7-11-02.)

(305 ILCS 5/6-6) (from Ch. 23, par. 6-6)

Sec. 6-6. Funeral and Burial.

If the estate of a deceased recipient is insufficient to pay for funeral and burial expenses and if no other resources including assistance from legally responsible relatives or the United States Veterans Administration, are available for such purposes, the Department shall pay, subject to appropriation and there shall be paid, in accordance with the standards and rules , rules and regulations of the Illinois Department, the actual cost of the funeral and burial or cremation, or the maximum allowable amount for each service, whichever is less. The Department shall reduce its payments by the amount available from the following sources: the decedent's assets and available resources and the anticipated amounts of any death benefits available to the decedent's estate, and amounts paid and arranged to be paid by the decedent's legally responsible relatives. The Department shall either pay the vendor or such amounts as may be necessary to meet costs of the funeral, burial space, and cemetery charges, or to reimburse any person not financially responsible for the deceased who has voluntarily made expenditures for such costs.

(Source: P.A. 90-372, eff. 7-1-98.)

(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)

Sec. 12-4.11. Grant amounts. The Department, with due regard for and subject to budgetary limitations, shall establish grant amounts for each of the programs, by regulation. The grant amounts may vary by program, size of assistance unit and geographic area.

Aid payments shall not be reduced except: (1) for changes in the cost of items included in the grant amounts, or (2) for changes in the expenses of the recipient, or (3) for changes in the income or resources available to the recipient, or (4) for changes in grants resulting from adoption of a consolidated grant amount.

Subject to appropriation, beginning on July 1, 2008, the Department of Human Services shall increase TANF grant amounts in effect on June 30, 2008 by 15%. The Department is authorized to administer this increase but may not otherwise adopt any rule to implement this increase.

In fixing standards to govern payments or reimbursements for funeral and burial expenses, the Department shall establish by rule, subject to appropriation, a maximum amount a minimum allowable amount of not less than $1,000 for Department payment of funeral services and not less than $500 for Department payment of burial or cremation services. On January 1, 2006, July 1, 2006, and July 1, 2007, the Department shall increase the minimum reimbursement amount for funeral and burial expenses under this Section by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, if any, during the 12 months immediately preceding that January 1 or July 1. In establishing the minimum allowable amount, the Department shall take into account the services essential to a dignified, low-cost (i) funeral and (ii) burial or cremation, including reasonable amounts that may be necessary for burial space and cemetery charges, and any applicable taxes or other required governmental fees or charges. If no person has agreed to pay the total cost of the (i) funeral and (ii) burial or cremation charges, the Department shall pay the vendor the actual costs of the (i) funeral and (ii) burial or cremation, or the maximum minimum allowable amount for each service as established by the Department, whichever is less, provided that the Department reduces its payments by the amount available from the following sources: the decedent's assets and available resources and the anticipated amounts of any death benefits available to the decedent's estate, and amounts paid and arranged to be paid by the decedent's legally responsible relatives. A legally responsible relative is expected to pay (i) funeral and (ii) burial or cremation expenses unless financially unable to do so.

Nothing contained in this Section or in any other Section of this Code shall be construed to prohibit the Illinois Department (1) from consolidating existing standards on the basis of any standards which are or were in effect on, or subsequent to July 1, 1969, or (2) from employing any consolidated standards in determining need for public aid and the amount of money payment or grant for individual recipients or recipient families.

(Source: P.A. 95-744, eff. 7-18-08; 95-1055, eff. 4-10-09; 96-1000, eff. 7-2-10.)