Full Text of HB4236 96th General Assembly
HB4236enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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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 Department of Veterans Affairs Act is | 5 |
| amended by changing Section 2.03 as follows:
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| (20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
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| Sec. 2.03. Admissions. Admissions to an Illinois Veterans | 8 |
| Home are
subject to the rules and regulations adopted by the | 9 |
| Department of Veterans'
Affairs to govern the admission of | 10 |
| applicants.
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| Each resident of a Home is liable for the payment of sums
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| representing maintenance charges for care at the Home at a rate | 13 |
| to
be determined by the Department, based on the resident's | 14 |
| ability to pay.
However, the charges shall not exceed the | 15 |
| average annual per
capita cost of maintaining the resident in | 16 |
| the Home. The Department,
upon being furnished proof of | 17 |
| payment, shall in its discretion
make allowances for unusual | 18 |
| expenses in determining the
ability of the resident to pay | 19 |
| maintenance charges.
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| Payment of maintenance charges shall be made first and to | 21 |
| the
fullest extent possible from sources of income other than
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| pension or compensation paid by the U.S. Department of Veterans | 23 |
| Affairs.
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| The basis upon which the payment of maintenance charges | 2 |
| shall be
calculated by the Department is the average per capita | 3 |
| cost
for the care of all residents at each Home for the fiscal | 4 |
| year
immediately preceding the period for which the rate for | 5 |
| each
Home is being calculated.
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| The Department may require residents to pay charges | 7 |
| monthly,
quarterly, or otherwise as may be most suitably | 8 |
| arranged for the
individual members. The amounts received from | 9 |
| each Home for the
charges shall be transmitted to the Treasurer | 10 |
| of the State of Illinois
for deposit in each Veterans Home | 11 |
| Fund, respectively.
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| The Department may investigate the financial condition of | 13 |
| residents
of a Home to determine their ability to pay | 14 |
| maintenance charges and
to establish standards as a basis of | 15 |
| judgment for such determination.
Such standards shall be | 16 |
| recomputed periodically to reflect
changes in the cost of | 17 |
| living and other pertinent factors.
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| Refusal to pay the maintenance charges is cause for | 19 |
| discharge
of a resident from a Home.
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| The Department may collect any medical or health benefits
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| to which a resident may become entitled through tax
supported | 22 |
| or privately financed systems of insurance, as a
result of his | 23 |
| or her care or treatment in the facilities provided by the
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| Department, or because of care or treatment in other facilities
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| when such care or treatment has been paid for by the | 26 |
| Department.
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| Admission of a resident is not limited or conditioned in | 2 |
| any manner
by the financial status of the resident or his or | 3 |
| her ability to pay
maintenance charges.
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| The Department may accept and hold on behalf of the State, | 5 |
| if for the
public interest, a grant, gift, devise, or bequest | 6 |
| of money or property to
the Department made in trust for the | 7 |
| maintenance or support of a resident
of an Illinois Veterans | 8 |
| Home or for any other legitimate purpose. The Department shall | 9 |
| cause each gift, grant,
devise, or bequest to be kept as a | 10 |
| distinct fund and shall invest the same
in the manner provided | 11 |
| by the laws of this State relating to securities in
which the | 12 |
| deposit in savings banks may be invested. However, the
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| Department may, at its discretion, deposit in a proper trust | 14 |
| company, bank,
or savings bank, during the continuance of the | 15 |
| trust, any fund left in
trust for the life of a person and | 16 |
| shall adopt rules and regulations
governing the deposit, | 17 |
| transfer, or withdrawal of the fund. The Department
shall, on | 18 |
| the expiration of any trust as provided in any instrument
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| creating the trust, dispose of the fund in the manner
provided | 20 |
| in the instrument. The Department shall include in its required
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| reports a statement showing what funds are so held by it and | 22 |
| the condition
of the funds; provided that monies found on | 23 |
| residents at the time of their
admission or accruing to them | 24 |
| during their residence at a Home and monies
deposited with the | 25 |
| administrators by relatives, guardians, or friends of
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| residents for the special comfort and pleasure of the resident |
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| shall
remain in the custody of the administrators who shall act | 2 |
| as trustees for
disbursement to, on behalf of, or for the | 3 |
| benefit of the resident. All
types of retirement and pension | 4 |
| benefits from private and public sources
may be paid directly | 5 |
| to the administrator of a Home for deposit to
the resident | 6 |
| trust fund account.
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| (Source: P.A. 89-324, eff. 8-13-95; 90-168, eff. 7-23-97.)
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