Human Services Committee
Adopted in House Comm. on Apr 29, 2004
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1 | AMENDMENT TO SENATE BILL 2367
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2 | AMENDMENT NO. ______. Amend Senate Bill 2367 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | changing Section 5-4 as follows:
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6 | (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
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7 | Sec. 5-4. Amount and nature of medical assistance. The | ||||||
8 | amount and nature of
medical assistance shall be determined by | ||||||
9 | the county departments
County Departments in accordance
with | ||||||
10 | the standards, rules, and regulations of the Illinois | ||||||
11 | Department of
Public Aid, with due regard to the requirements | ||||||
12 | and conditions in each case,
including contributions available | ||||||
13 | from legally responsible
relatives. However, the amount and | ||||||
14 | nature of such medical assistance shall
not be affected by the | ||||||
15 | payment of any grant under the Senior Citizens and
Disabled | ||||||
16 | Persons Property Tax Relief and Pharmaceutical Assistance Act | ||||||
17 | or any
distributions or items of income described under | ||||||
18 | subparagraph (X) of
paragraph (2) of subsection (a) of Section | ||||||
19 | 203 of the Illinois Income Tax
Act.
The amount and nature of | ||||||
20 | medical assistance shall not be affected by the
receipt of | ||||||
21 | donations or benefits from fundraisers in cases of serious
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22 | illness, as long as neither the person nor members of the | ||||||
23 | person's family
have actual control over the donations or | ||||||
24 | benefits or the disbursement of
the donations or benefits.
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1 | In determining the income and assets available to the | ||||||
2 | institutionalized
spouse and to the community spouse, the | ||||||
3 | Illinois Department of Public Aid
shall follow the procedures | ||||||
4 | established by federal law. The community spouse
resource | ||||||
5 | allowance shall be established and maintained at the maximum | ||||||
6 | level
permitted pursuant to Section 1924(f)(2) of the Social | ||||||
7 | Security Act, as now
or hereafter amended, or an amount set | ||||||
8 | after a fair hearing, whichever is
greater. The monthly | ||||||
9 | maintenance allowance for the community spouse shall be
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10 | established and maintained at the maximum level permitted | ||||||
11 | pursuant to Section
1924(d)(3)(C) of the Social Security Act, | ||||||
12 | as now or hereafter amended. Subject
to the approval of the | ||||||
13 | Secretary of the United States Department of Health and
Human | ||||||
14 | Services, the provisions of this Section shall be extended to | ||||||
15 | persons who
but for the provision of home or community-based | ||||||
16 | services under Section
4.02 of the Illinois Act on the Aging, | ||||||
17 | would require the level of care provided
in an institution, as | ||||||
18 | is provided for in federal law.
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19 | The Department of Human Services shall notify in writing | ||||||
20 | each
institutionalized
spouse who is a recipient of medical | ||||||
21 | assistance under this Article, and
each such person's community | ||||||
22 | spouse, of the changes in treatment of income
and resources, | ||||||
23 | including provisions for protecting income for a community
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24 | spouse and permitting the transfer of resources to a community | ||||||
25 | spouse,
required by enactment of the federal Medicare | ||||||
26 | Catastrophic Coverage Act of
1988 (Public Law 100-360). The | ||||||
27 | notification shall be in language likely to
be easily | ||||||
28 | understood by those persons. The Department of Human
Services | ||||||
29 | also shall reassess the amount of medical assistance for which | ||||||
30 | each
such recipient is eligible as a result of the enactment of | ||||||
31 | that federal Act,
whether or not a recipient requests such a | ||||||
32 | reassessment.
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33 | (Source: P.A. 90-655, eff. 7-30-98; 91-676, eff. 12-23-99.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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