Full Text of HB1516 98th General Assembly
HB1516sam001 98TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 5/6/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1516
| 2 | | AMENDMENT NO. ______. Amend House Bill 1516 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Aid Code is amended by | 5 | | changing 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 amount and nature of
medical assistance shall be | 9 | | determined in accordance
with the standards, rules, and | 10 | | regulations of the Department of Healthcare and Family | 11 | | Services, with due regard to the requirements and conditions in | 12 | | each case,
including contributions available from legally | 13 | | responsible
relatives. However, the amount and nature of such | 14 | | medical assistance shall
not be affected by the payment of any | 15 | | grant under the Senior Citizens and
Disabled Persons Property | 16 | | Tax Relief Act or any
distributions or items of income |
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| 1 | | described under subparagraph (X) of
paragraph (2) of subsection | 2 | | (a) of Section 203 of the Illinois Income Tax
Act.
The amount | 3 | | and nature of medical assistance shall not be affected by the
| 4 | | receipt of donations or benefits from fundraisers in cases of | 5 | | serious
illness, as long as neither the person nor members of | 6 | | the person's family
have actual control over the donations or | 7 | | benefits or the disbursement of
the donations or benefits.
| 8 | | In determining the income and resources available to the | 9 | | institutionalized
spouse and to the community spouse, the | 10 | | Department of Healthcare and Family Services
shall follow the | 11 | | procedures established by federal law. If an institutionalized | 12 | | spouse or community spouse refuses to comply with the | 13 | | requirements of Title XIX of the federal Social Security Act | 14 | | and the regulations duly promulgated thereunder by failing to | 15 | | provide the total value of assets, including income and | 16 | | resources, to the extent either the institutionalized spouse or | 17 | | community spouse has an ownership interest in them pursuant to | 18 | | 42 U.S.C. 1396r-5, after being advised of the consequences of | 19 | | refusal, such refusal may result in the institutionalized | 20 | | spouse being denied eligibility and continuing to remain | 21 | | ineligible for the medical assistance program based on failure | 22 | | to cooperate , so long as the Department of Healthcare and | 23 | | Family Services provides written notice of the consequences of | 24 | | refusal to the institutionalized spouse or community spouse, to | 25 | | his or her agent under power of attorney, if any, or to his or | 26 | | her guardian, if any . |
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| 1 | | Subject to federal approval, the community spouse
resource | 2 | | allowance shall be established and maintained at the higher of | 3 | | $109,560 or the minimum level
permitted pursuant to Section | 4 | | 1924(f)(2) of the Social Security Act, as now
or hereafter | 5 | | amended, or an amount set after a fair hearing, whichever is
| 6 | | greater. The monthly maintenance allowance for the community | 7 | | spouse shall be
established and maintained at the higher of | 8 | | $2,739 per month or the minimum level permitted pursuant to | 9 | | Section
1924(d)(3)(C) of the Social Security Act, as now or | 10 | | hereafter amended, or an amount set after a fair hearing, | 11 | | whichever is greater. Subject
to the approval of the Secretary | 12 | | of the United States Department of Health and
Human Services, | 13 | | the provisions of this Section shall be extended to persons who
| 14 | | but for the provision of home or community-based services under | 15 | | Section
4.02 of the Illinois Act on the Aging, would require | 16 | | the level of care provided
in an institution, as is provided | 17 | | for in federal law.
| 18 | | (b) Spousal support for institutionalized spouses | 19 | | receiving medical assistance. | 20 | | (i) The Department may seek support for an | 21 | | institutionalized spouse, who has assigned his or her right | 22 | | of support from his or her spouse to the State, from the | 23 | | resources and income available to the community spouse. | 24 | | (ii) The Department may bring an action in the circuit | 25 | | court to establish support orders or itself establish | 26 | | administrative support orders by any means and procedures |
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| 1 | | authorized in this Code, as applicable, except that the | 2 | | standard and regulations for determining ability to | 3 | | support in Section 10-3 shall not limit the amount of | 4 | | support that may be ordered. | 5 | | (iii) Proceedings may be initiated to obtain support, | 6 | | or for the recovery of aid granted during the period such | 7 | | support was not provided, or both, for the obtainment of | 8 | | support and the recovery of the aid provided. Proceedings | 9 | | for the recovery of aid may be taken separately or they may | 10 | | be consolidated with actions to obtain support. Such | 11 | | proceedings may be brought in the name of the person or | 12 | | persons requiring support or may be brought in the name of | 13 | | the Department, as the case requires. | 14 | | (iv) The orders for the payment of moneys for the | 15 | | support of the person shall be just and equitable and may | 16 | | direct payment thereof for such period or periods of time | 17 | | as the circumstances require, including support for a | 18 | | period before the date the order for support is entered. In | 19 | | no event shall the orders reduce the community spouse | 20 | | resource allowance below the level established in | 21 | | subsection (a) of this Section or an amount set after a | 22 | | fair hearing, whichever is greater, or reduce the monthly | 23 | | maintenance allowance for the community spouse below the | 24 | | level permitted pursuant to subsection (a) of this Section.
| 25 | | (Source: P.A. 97-689, eff. 6-14-12.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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