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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Department of Veterans Affairs Act is | ||||||
| 5 | amended by changing Section 2.03 as follows:
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| 6 | (20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
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| 7 | 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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| 11 | Each resident of a Home is liable for the payment of sums
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| 12 | 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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| 20 | 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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| 22 | pension or compensation paid by the U.S. Department of Veterans | ||||||
| 23 | Affairs.
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| 1 | 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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| 6 | 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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| 12 | 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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| 18 | Refusal to pay the maintenance charges is cause for | ||||||
| 19 | discharge
of a resident from a Home.
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| 20 | The Department may collect any medical or health benefits
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| 21 | 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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| 24 | Department, or because of care or treatment in other facilities
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| 25 | when such care or treatment has been paid for by the | ||||||
| 26 | Department.
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| 1 | 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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| 4 | 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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| 13 | 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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| 19 | 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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| 21 | 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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| 26 | residents for the special comfort and pleasure of the resident | ||||||
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| 1 | 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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| 7 | (Source: P.A. 89-324, eff. 8-13-95; 90-168, eff. 7-23-97.)
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