Rep. Carolyn H. Krause
Filed: 3/31/2004
 
 

 




 

 		












09300HB6355ham001

LRB093 19483 DRJ 48941 a






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AMENDMENT TO HOUSE BILL 6355




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    AMENDMENT NO. ______. Amend House Bill 6355 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Partnership for Long-Term Care Act is 
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amended  by changing Section 20 as follows:
 



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    (320 ILCS 35/20)  (from Ch. 23, par. 6801-20)



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    Sec. 20. Program participant eligibility for Medicaid. 

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    (a) Individuals who participate in the program and have 
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resources
above the eligibility levels for receipt of medical 
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assistance under Title
XIX of the Social Security Act 
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(Subchapter XIX (commencing with Section
1396) of Chapter 7 of 
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Title 42 of the United States Code) shall be eligible
to 
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receive in-home supportive service benefits and Medicaid 
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benefits through
the Department of Public Aid if, before 
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becoming eligible for benefits, they
have purchased a long-term 
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care insurance policy covering long-term care that
has been 
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certified by the Department of Insurance under
Section 30 of 
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this Act.

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    (b) Individuals may purchase certified long-term care 
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insurance policies
which cover long-term care services in 
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amounts equal to the resources they wish
to protect.

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    (b-5) An individual may purchase a certified long-term care 
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insurance
policy which protects an individual's total assets.  
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To be eligible for
total asset protection, an amount equal to 
 


 






09300HB6355ham001
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LRB093 19483 DRJ 48941 a




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$140,000 and providing coverage
the average cost of 4 years of

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long-term care services in a nursing facility must be 
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purchased. Within 5 years after the effective date of this 
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amendatory Act of the 93rd General Assembly, the Department on 
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Aging shall review the amount of long-term care insurance that 
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must be purchased under this subsection and shall recommend to 
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the General Assembly any changes in that amount that the 
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Department considers appropriate.


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    (b-7) Although a resource has been protected by the 
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Partnership Policy,
income is to be applied to the cost of care 
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when the insured becomes Medicaid
eligible.

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    (c) The resource protection provided by this Act shall be 
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effective only
for long-term care policies which
cover 
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long-term care services, that are delivered, issued for 
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delivery, or
renewed on or after July 1, 1992.

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    (d) When an individual purchases a certified long-term care 
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insurance
policy, the issuer must notify the purchaser of the 
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benefits of purchasing
inflation protection for the long-term 
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care insurance policy.

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    (e) An insurance company may offer for sale a policy as 
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described in
paragraph (b) of this Section or paragraph (b-5) 
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of this Section or both
types of policies.

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(Source: P.A. 89-507, eff. 7-1-97; 89-525, eff. 7-19-96; 90-14, 
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eff.
7-1-97.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".