Full Text of SB1044 102nd General Assembly
SB1044 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1044 Introduced 2/25/2021, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
| 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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| | A BILL FOR |
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| 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 5-4 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 | 9 | | be 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 | 12 | | in 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
Persons with Disabilities | 16 | | Property Tax Relief Act or any
distributions or items of | 17 | | income described under subparagraph (X) of
paragraph (2) of | 18 | | subsection (a) of Section 203 of the Illinois Income Tax
Act.
| 19 | | The amount and nature of medical assistance shall not be | 20 | | affected by the
receipt of donations or benefits from | 21 | | fundraisers in cases of serious
illness, as long as neither | 22 | | the person nor members of the person's family
have actual | 23 | | control over the donations or benefits or the disbursement of
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| 1 | | the donations or benefits. | 2 | | In determining the income and resources available to the | 3 | | institutionalized
spouse and to the community spouse, the | 4 | | Department of Healthcare and Family Services
shall follow the | 5 | | procedures established by federal law. If an institutionalized | 6 | | spouse or community spouse refuses to comply with the | 7 | | requirements of Title XIX of the federal Social Security Act | 8 | | and the regulations duly promulgated thereunder by failing to | 9 | | provide the total value of assets, including income and | 10 | | resources, to the extent either the institutionalized spouse | 11 | | or community spouse has an ownership interest in them pursuant | 12 | | to 42 U.S.C. 1396r-5, such refusal may result in the | 13 | | institutionalized spouse being denied eligibility and | 14 | | continuing to remain ineligible for the medical assistance | 15 | | program based on failure to cooperate. | 16 | | Subject to federal approval, the community spouse
resource | 17 | | allowance shall be established and maintained at the higher of | 18 | | $109,560 or the minimum level
permitted pursuant to Section | 19 | | 1924(f)(2) of the Social Security Act, as now
or hereafter | 20 | | amended, or an amount set after a fair hearing, whichever is
| 21 | | greater. The monthly maintenance allowance for the community | 22 | | spouse shall be
established and maintained at the higher of | 23 | | $2,739 per month or the minimum level permitted pursuant to | 24 | | Section
1924(d)(3) of the Social Security Act, as now or | 25 | | hereafter amended, or an amount set after a fair hearing, | 26 | | whichever is greater. Subject
to the approval of the Secretary |
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| 1 | | of the United States Department of Health and
Human Services, | 2 | | the provisions of this Section shall be extended to persons | 3 | | who
but for the provision of home or community-based services | 4 | | under Section
4.02 of the Illinois Act on the Aging, would | 5 | | require the level of care provided
in an institution, as is | 6 | | provided for in federal law.
| 7 | | (b) Spousal support for institutionalized spouses | 8 | | receiving medical assistance. | 9 | | (i) The Department may seek support for an | 10 | | institutionalized spouse, who has assigned his or her | 11 | | right of support from his or her spouse to the State, from | 12 | | the resources and income available to the community | 13 | | spouse. | 14 | | (ii) The Department may bring an action in the circuit | 15 | | court to establish support orders or itself establish | 16 | | administrative support orders by any means and procedures | 17 | | authorized in this Code, as applicable, except that the | 18 | | standard and regulations for determining ability to | 19 | | support in Section 10-3 shall not limit the amount of | 20 | | support that may be ordered. | 21 | | (iii) Proceedings may be initiated to obtain support, | 22 | | or for the recovery of aid granted during the period such | 23 | | support was not provided, or both, for the obtainment of | 24 | | support and the recovery of the aid provided. Proceedings | 25 | | for the recovery of aid may be taken separately or they may | 26 | | be consolidated with actions to obtain support. Such |
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| 1 | | proceedings may be brought in the name of the person or | 2 | | persons requiring support or may be brought in the name of | 3 | | the Department, as the case requires. | 4 | | (iv) The orders for the payment of moneys for the | 5 | | support of the person shall be just and equitable and may | 6 | | direct payment thereof for such period or periods of time | 7 | | as the circumstances require, including support for a | 8 | | period before the date the order for support is entered. | 9 | | In no event shall the orders reduce the community spouse | 10 | | resource allowance below the level established in | 11 | | subsection (a) of this Section or an amount set after a | 12 | | fair hearing, whichever is greater, or reduce the monthly | 13 | | maintenance allowance for the community spouse below the | 14 | | level permitted pursuant to subsection (a) of this | 15 | | Section.
| 16 | | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)
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