102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1851

 

Introduced 2/17/2021, by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/5-4  from Ch. 23, par. 5-4

    Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning the amount and nature of medical assistance.


LRB102 13900 KTG 19251 b

 

 

A BILL FOR

 

HB1851LRB102 13900 KTG 19251 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 5-4 as follows:
 
6    (305 ILCS 5/5-4)  (from Ch. 23, par. 5-4)
7    Sec. 5-4. Amount and nature of medical assistance.
8    (a) The The amount and nature of medical assistance shall
9be determined in accordance with the standards, rules, and
10regulations of the Department of Healthcare and Family
11Services, with due regard to the requirements and conditions
12in each case, including contributions available from legally
13responsible relatives. However, the amount and nature of such
14medical assistance shall not be affected by the payment of any
15grant under the Senior Citizens and Persons with Disabilities
16Property Tax Relief Act or any distributions or items of
17income described under subparagraph (X) of paragraph (2) of
18subsection (a) of Section 203 of the Illinois Income Tax Act.
19The amount and nature of medical assistance shall not be
20affected by the receipt of donations or benefits from
21fundraisers in cases of serious illness, as long as neither
22the person nor members of the person's family have actual
23control over the donations or benefits or the disbursement of

 

 

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1the donations or benefits.
2    In determining the income and resources available to the
3institutionalized spouse and to the community spouse, the
4Department of Healthcare and Family Services shall follow the
5procedures established by federal law. If an institutionalized
6spouse or community spouse refuses to comply with the
7requirements of Title XIX of the federal Social Security Act
8and the regulations duly promulgated thereunder by failing to
9provide the total value of assets, including income and
10resources, to the extent either the institutionalized spouse
11or community spouse has an ownership interest in them pursuant
12to 42 U.S.C. 1396r-5, such refusal may result in the
13institutionalized spouse being denied eligibility and
14continuing to remain ineligible for the medical assistance
15program based on failure to cooperate.
16    Subject to federal approval, the community spouse resource
17allowance shall be established and maintained at the higher of
18$109,560 or the minimum level permitted pursuant to Section
191924(f)(2) of the Social Security Act, as now or hereafter
20amended, or an amount set after a fair hearing, whichever is
21greater. The monthly maintenance allowance for the community
22spouse shall be established and maintained at the higher of
23$2,739 per month or the minimum level permitted pursuant to
24Section 1924(d)(3) of the Social Security Act, as now or
25hereafter amended, or an amount set after a fair hearing,
26whichever is greater. Subject to the approval of the Secretary

 

 

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1of the United States Department of Health and Human Services,
2the provisions of this Section shall be extended to persons
3who but for the provision of home or community-based services
4under Section 4.02 of the Illinois Act on the Aging, would
5require the level of care provided in an institution, as is
6provided for in federal law.
7    (b) Spousal support for institutionalized spouses
8receiving medical assistance.
9        (i) The Department may seek support for an
10    institutionalized spouse, who has assigned his or her
11    right of support from his or her spouse to the State, from
12    the resources and income available to the community
13    spouse.
14        (ii) The Department may bring an action in the circuit
15    court to establish support orders or itself establish
16    administrative support orders by any means and procedures
17    authorized in this Code, as applicable, except that the
18    standard and regulations for determining ability to
19    support in Section 10-3 shall not limit the amount of
20    support that may be ordered.
21        (iii) Proceedings may be initiated to obtain support,
22    or for the recovery of aid granted during the period such
23    support was not provided, or both, for the obtainment of
24    support and the recovery of the aid provided. Proceedings
25    for the recovery of aid may be taken separately or they may
26    be consolidated with actions to obtain support. Such

 

 

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1    proceedings may be brought in the name of the person or
2    persons requiring support or may be brought in the name of
3    the Department, as the case requires.
4        (iv) The orders for the payment of moneys for the
5    support of the person shall be just and equitable and may
6    direct payment thereof for such period or periods of time
7    as the circumstances require, including support for a
8    period before the date the order for support is entered.
9    In no event shall the orders reduce the community spouse
10    resource allowance below the level established in
11    subsection (a) of this Section or an amount set after a
12    fair hearing, whichever is greater, or reduce the monthly
13    maintenance allowance for the community spouse below the
14    level permitted pursuant to subsection (a) of this
15    Section.
16(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)