Full Text of HB4574 95th General Assembly
HB4574 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4574
Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/5-13 |
from Ch. 23, par. 5-13 |
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Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall have a claim against a recipient's estate for medical assistance paid under the Medical Assistance Article of the Code (instead of for the amount expended under the Medical Assistance Article of the Code). Provides for such a claim for nursing facility services, home and community-based services, and related hospital and prescription drug services for a person aged 55 or more at the time the assistance is received. Eliminates a provision for a claim against a recipient's spouse's estate. Effective immediately.
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A BILL FOR
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HB4574 |
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LRB095 15595 DRJ 41595 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 | 5 |
| changing Section 5-13 as follows:
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| (305 ILCS 5/5-13) (from Ch. 23, par. 5-13)
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| Sec. 5-13. Claim against estate of recipients. To the | 8 |
| extent permitted under
the federal Social Security Act, the | 9 |
| Department shall have a claim against a recipient's estate for | 10 |
| medical assistance paid the amount expended under this Article | 11 |
| (1) for
a person of any age who is an inpatient in a nursing | 12 |
| facility, an intermediate
care facility for the mentally | 13 |
| retarded, or other medical institution, or (2)
for nursing | 14 |
| facility services, home and community-based services, and | 15 |
| related hospital and prescription drug services for a person | 16 |
| aged 55 or more at the time the assistance is received. No , | 17 |
| shall be a claim against the person's
estate or a claim against | 18 |
| the estate of the person's spouse,
regardless of the order of | 19 |
| death, but no recovery may
be had thereon until after the death | 20 |
| of the surviving spouse, if any, however, and then
only at such | 21 |
| time when there is no surviving child who is under age 21, or
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| blind, or permanently and totally disabled. This Section, | 23 |
| however, shall not
bar recovery at the death of the person of |
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HB4574 |
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LRB095 15595 DRJ 41595 b |
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| amounts of medical assistance paid
to or in his behalf to which | 2 |
| he was not entitled; provided that such
recovery shall not be | 3 |
| enforced against any real estate while it is occupied
as a | 4 |
| homestead by the surviving spouse or other dependent, if no | 5 |
| claims by
other creditors have been filed against the estate, | 6 |
| or if such claims have
been filed, they remain dormant for | 7 |
| failure of prosecution or failure of
the claimant to compel | 8 |
| administration of the estate for the purpose of
payment. The | 9 |
| term "estate", as used in this Section, with respect to a
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| deceased person, means all real and personal property and other | 11 |
| assets included
within the person's estate, as that term is | 12 |
| used in the Probate Act of 1975;
however, in the case of a | 13 |
| deceased person who has received (or is entitled to
receive) | 14 |
| benefits under a long-term care insurance policy in connection | 15 |
| with
which assets or resources are disregarded to the extent | 16 |
| that payments are made
or because the deceased person received | 17 |
| (or was entitled to receive) benefits
under a long-term care | 18 |
| insurance policy, "estate" also includes any
other real and | 19 |
| personal property and other assets in which the deceased person
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| had any legal title or interest at the time of his or her death | 21 |
| (to the extent
of that interest), including assets conveyed to | 22 |
| a survivor, heir, or assignee
of the deceased person through | 23 |
| joint tenancy, tenancy in common, survivorship,
life estate, | 24 |
| living trust, or other arrangement. The term "homestead", as | 25 |
| used
in this Section, means the dwelling house and contiguous | 26 |
| real estate occupied
by a surviving spouse or relative, as |
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HB4574 |
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LRB095 15595 DRJ 41595 b |
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| defined by the rules and regulations of
the Illinois | 2 |
| Department, regardless of the value of the property.
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| A claim arising under this Section against assets conveyed | 4 |
| to a survivor,
heir, or assignee of the deceased person through | 5 |
| joint tenancy, tenancy in
common, survivorship, life estate, | 6 |
| living trust, or other arrangement is not
effective until the | 7 |
| claim is recorded or filed in the manner provided for a
notice | 8 |
| of lien in Section 3-10.2. The claim is subject to the same
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| requirements and conditions to which liens on real property | 10 |
| interests are
subject under Sections 3-10.1 through 3-10.10. A | 11 |
| claim arising under this
Section attaches to interests owned or | 12 |
| subsequently acquired by the estate of a
recipient or the | 13 |
| estate of a recipient's surviving spouse.
The transfer or | 14 |
| conveyance of any real or personal property of the estate
as
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| defined in this Section shall be subject to the fraudulent | 16 |
| transfer conditions
that apply to real property in Section 3-11 | 17 |
| of this Code.
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| The provisions of this Section shall not affect the | 19 |
| validity of claims
against estates for medical assistance | 20 |
| provided prior to January 1, 1966 to
aged, blind, or disabled | 21 |
| persons receiving aid under Articles V, VII and
VII-A of the | 22 |
| 1949 Code.
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| (Source: P.A. 88-85; 88-554, eff. 7-26-94; 89-21, eff. 7-1-95; | 24 |
| 89-437, eff.
12-15-95; 89-686, eff. 12-31-96 .)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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