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Public Act 103-0997


 

Public Act 0997 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0997
 
SB3430 EnrolledLRB103 37615 KTG 67741 b

    AN ACT concerning public aid.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Aid Code is amended by
adding Section 12-4.59 as follows:
 
    (305 ILCS 5/12-4.59 new)
    Sec. 12-4.59. Informational guide on Medicaid 5-year
look-back period.
    (a) Informational guide. On and after July 1, 2025, the
Department of Healthcare and Family Services shall develop,
post, and maintain on its official website a comprehensive
informational guide that explains the Medicaid 5-year
look-back period as it applies to eligibility for long-term
care coverage under the medical assistance program established
under Article V of this Code. The contents of the
informational guide must include the following:
        (1) Overview of the Medicaid 5-year look-back period:
    A detailed explanation of the 5-year look-back period,
    including its purpose and relevance to eligibility for
    medical assistance.
        (2) Eligibility criteria affected by the Medicaid
    5-year look-back period: Clear information on how the
    5-year look-back period affects eligibility criteria,
    including income and asset requirements.
        (3) Calculation of the Medicaid 5-year look-back
    period: Step-by-step guidance on how the 5-year look-back
    period is calculated, including the start date and end
    date considerations.
        (4) Examples and scenarios: Real-life examples and
    scenarios illustrating how the 5-year look-back period
    applies in different situations, providing practical
    insights for the public. The guide must include a
    calculator that allows a user to enter the transfer dates
    and monetary value of any assets the user transferred
    during the 5-year look back period in order to estimate
    the earliest date upon which the user may qualify for
    medical assistance for long-term care services.
        (5) Transfers or gifts during the Medicaid 5-year
    look-back period: Explanation of the consequences and
    implications of transfers or gifts made during the 5-year
    look-back period, emphasizing the impact on eligibility
    and potential penalties.
        (6) Exceptions and exemptions: Information on
    exceptions and exemptions to the 5-year look-back period,
    clarifying circumstances where certain transfers or assets
    may not be subject to scrutiny.
        (7) Documentation requirements: Guidance on the
    documentation individuals may need to provide or maintain
    to demonstrate compliance with the 5-year look-back
    period.
        (8) Planning for eligibility: Tips and considerations
    for individuals and families on how to plan for
    eligibility for medical assistance under Article V of this
    Code, taking into account the 5-year look-back period.
        (9) Appeals and dispute resolution: Information on the
    process for appeals and dispute resolution related to
    decisions made based on the 5-year look-back period.
        (10) Contact information and resources: Clear and
    accessible contact information for the Department of
    Healthcare and Family Services, as well as a listing of
    additional resources or agencies that individuals can
    reach out to for assistance or further clarification.
        (11) Frequently asked questions: A "Frequently Asked
    Questions" section that lists common questions and
    concerns related to the 5-year look-back period and
    provides a quick reference for users.
    (b) Accessibility of the guide. To ensure user-friendly
navigation and visibility, the Department of Healthcare and
Family Services shall post on its official website detailed
information on how users can easily access the comprehensive
guide on the website and a hyperlink that directs users to the
comprehensive guide.

Effective Date: 1/1/2025