Illinois General Assembly - Full Text of HB0388
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Full Text of HB0388  99th General Assembly



State of Illinois
2015 and 2016


Introduced , by Rep. Sara Feigenholtz


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.

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



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1    In determining the income and resources available to the
2institutionalized spouse and to the community spouse, the
3Department of Healthcare and Family Services shall follow the
4procedures established by federal law. If an institutionalized
5spouse or community spouse refuses to comply with the
6requirements of Title XIX of the federal Social Security Act
7and the regulations duly promulgated thereunder by failing to
8provide the total value of assets, including income and
9resources, to the extent either the institutionalized spouse or
10community spouse has an ownership interest in them pursuant to
1142 U.S.C. 1396r-5, such refusal may result in the
12institutionalized spouse being denied eligibility and
13continuing to remain ineligible for the medical assistance
14program based on failure to cooperate.
15    Subject to federal approval, the community spouse resource
16allowance shall be established and maintained at the higher of
17$109,560 or the minimum level permitted pursuant to Section
181924(f)(2) of the Social Security Act, as now or hereafter
19amended, or an amount set after a fair hearing, whichever is
20greater. The monthly maintenance allowance for the community
21spouse shall be established and maintained at the higher of
22$2,739 per month or the minimum level permitted pursuant to
23Section 1924(d)(3) of the Social Security Act, as now or
24hereafter amended, or an amount set after a fair hearing,
25whichever is greater. Subject to the approval of the Secretary
26of the United States Department of Health and Human Services,



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1the provisions of this Section shall be extended to persons who
2but for the provision of home or community-based services under
3Section 4.02 of the Illinois Act on the Aging, would require
4the level of care provided in an institution, as is provided
5for in federal law.
6    (b) Spousal support for institutionalized spouses
7receiving medical assistance.
8        (i) The Department may seek support for an
9    institutionalized spouse, who has assigned his or her right
10    of support from his or her spouse to the State, from the
11    resources and income available to the community spouse.
12        (ii) The Department may bring an action in the circuit
13    court to establish support orders or itself establish
14    administrative support orders by any means and procedures
15    authorized in this Code, as applicable, except that the
16    standard and regulations for determining ability to
17    support in Section 10-3 shall not limit the amount of
18    support that may be ordered.
19        (iii) Proceedings may be initiated to obtain support,
20    or for the recovery of aid granted during the period such
21    support was not provided, or both, for the obtainment of
22    support and the recovery of the aid provided. Proceedings
23    for the recovery of aid may be taken separately or they may
24    be consolidated with actions to obtain support. Such
25    proceedings may be brought in the name of the person or
26    persons requiring support or may be brought in the name of



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1    the Department, as the case requires.
2        (iv) The orders for the payment of moneys for the
3    support of the person shall be just and equitable and may
4    direct payment thereof for such period or periods of time
5    as the circumstances require, including support for a
6    period before the date the order for support is entered. In
7    no event shall the orders reduce the community spouse
8    resource allowance below the level established in
9    subsection (a) of this Section or an amount set after a
10    fair hearing, whichever is greater, or reduce the monthly
11    maintenance allowance for the community spouse below the
12    level permitted pursuant to subsection (a) of this Section.
13(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)