96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1837


 
Introduced 2/20/2009, by Sen. Deanna Demuzio
 
SYNOPSIS AS INTRODUCED:
 		








  



20 ILCS 2805/2.03
  from Ch. 126 1/2, par. 67.03







    Amends the Department of Veterans Affairs Act.  Removes the provision that a veterans home resident's maintenance charges must be paid first and to the fullest extent possible from sources of income other than pensions or compensation paid by the U.S. Department of Veterans Affairs.
















LRB096 07696 JAM 17797 b

















 


 


A BILL FOR









 











SB1837

LRB096 07696 JAM 17797 b






1
    AN ACT concerning State government.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Department of Veterans Affairs Act is 
5
amended  by changing Section 2.03 as follows:
 



6
    (20 ILCS 2805/2.03)  (from Ch. 126 1/2, par. 67.03)



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.

11
    Each resident of a Home is liable for the payment of sums

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.

20
    Payment of maintenance charges shall be made first and to 
21
the
fullest extent possible from sources of income other than

22
pension or compensation paid by the U.S. Department of Veterans 
23
Affairs.

 


 






SB1837
- 2 -
LRB096 07696 JAM 17797 b




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.

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.

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.

18
    Refusal to pay the maintenance charges is cause for 
19
discharge
of a resident from a Home.

20
    The Department may collect any medical or health benefits

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

24
Department, or because of care or treatment in other facilities

25
when such care or treatment has been paid for by the 
26
Department.

 


 






SB1837
- 3 -
LRB096 07696 JAM 17797 b




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.

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

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

19
creating the trust, dispose of the fund in the manner
provided 
20
in the instrument.  The Department shall include in its required

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

26
residents for the special comfort and pleasure of the resident 
 


 






SB1837
- 4 -
LRB096 07696 JAM 17797 b




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.

7
(Source: P.A. 89-324, eff. 8-13-95; 90-168, eff. 7-23-97.)