Full Text of HB1516 98th General Assembly
HB1516 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1516 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/5-4 | from Ch. 23, par. 5-4 |
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Amends provisions of the Medical Assistance Article of the Illinois Public Aid Code stating that the refusal of an institutionalized spouse or community spouse to comply with federal requirements by failing to provide the total value of assets, including income and resources, to the extent either the institutionalized spouse or community spouse has an ownership interest in them, may result in the institutionalized spouse being denied eligibility and continuing to remain ineligible for the medical assistance program based on failure to cooperate. Adds language providing that advising the institutionalized spouse or community spouse of the consequences of refusal is also a requirement for a denial of eligibility. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing 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 amount and nature of
medical assistance shall be | 9 | | determined in accordance
with the standards, rules, and | 10 | | regulations of the Department of Healthcare and Family | 11 | | Services, with due regard to the requirements and conditions in | 12 | | each case,
including contributions available from legally | 13 | | responsible
relatives. However, the amount and nature of such | 14 | | medical assistance shall
not be affected by the payment of any | 15 | | grant under the Senior Citizens and
Disabled Persons Property | 16 | | Tax Relief Act or any
distributions or items of income | 17 | | described under subparagraph (X) of
paragraph (2) of subsection | 18 | | (a) of Section 203 of the Illinois Income Tax
Act.
The amount | 19 | | and nature of medical assistance shall not be affected by the
| 20 | | receipt of donations or benefits from fundraisers in cases of | 21 | | serious
illness, as long as neither the person nor members of | 22 | | the person's family
have actual control over the donations or | 23 | | benefits or the disbursement of
the donations or benefits.
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| 1 | | In determining the income and resources available to the | 2 | | institutionalized
spouse and to the community spouse, the | 3 | | Department of Healthcare and Family Services
shall follow the | 4 | | procedures established by federal law. If an institutionalized | 5 | | spouse or community spouse refuses to comply with the | 6 | | requirements of Title XIX of the federal Social Security Act | 7 | | and the regulations duly promulgated thereunder by failing to | 8 | | provide the total value of assets, including income and | 9 | | resources, to the extent either the institutionalized spouse or | 10 | | community spouse has an ownership interest in them pursuant to | 11 | | 42 U.S.C. 1396r-5, after being advised of the consequences of | 12 | | refusal, such refusal may result in the institutionalized | 13 | | spouse being denied eligibility and continuing to remain | 14 | | ineligible for the medical assistance program based on failure | 15 | | to cooperate. | 16 | | Subject to federal approval, the community spouse
resource | 17 | | allowance shall be established and maintained at the higher of | 18 | | $109,560 or the minimum level
permitted pursuant to Section | 19 | | 1924(f)(2) of the Social Security Act, as now
or hereafter | 20 | | amended, or an amount set after a fair hearing, whichever is
| 21 | | greater. The monthly maintenance allowance for the community | 22 | | spouse shall be
established and maintained at the higher of | 23 | | $2,739 per month or the minimum level permitted pursuant to | 24 | | Section
1924(d)(3)(C) of the Social Security Act, as now or | 25 | | hereafter amended, or an amount set after a fair hearing, | 26 | | whichever is greater. Subject
to the approval of the Secretary |
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| 1 | | of the United States Department of Health and
Human Services, | 2 | | the provisions of this Section shall be extended to persons who
| 3 | | but for the provision of home or community-based services under | 4 | | Section
4.02 of the Illinois Act on the Aging, would require | 5 | | the level of care provided
in an institution, as is provided | 6 | | for in federal law.
| 7 | | (b) Spousal support for institutionalized spouses | 8 | | receiving medical assistance. | 9 | | (i) The Department may seek support for an | 10 | | institutionalized spouse, who has assigned his or her right | 11 | | of support from his or her spouse to the State, from the | 12 | | resources and income available to the community spouse. | 13 | | (ii) The Department may bring an action in the circuit | 14 | | court to establish support orders or itself establish | 15 | | administrative support orders by any means and procedures | 16 | | authorized in this Code, as applicable, except that the | 17 | | standard and regulations for determining ability to | 18 | | support in Section 10-3 shall not limit the amount of | 19 | | support that may be ordered. | 20 | | (iii) Proceedings may be initiated to obtain support, | 21 | | or for the recovery of aid granted during the period such | 22 | | support was not provided, or both, for the obtainment of | 23 | | support and the recovery of the aid provided. Proceedings | 24 | | for the recovery of aid may be taken separately or they may | 25 | | be consolidated with actions to obtain support. Such | 26 | | proceedings may be brought in the name of the person or |
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| 1 | | persons requiring support or may be brought in the name of | 2 | | the Department, as the case requires. | 3 | | (iv) The orders for the payment of moneys for the | 4 | | support of the person shall be just and equitable and may | 5 | | direct payment thereof for such period or periods of time | 6 | | as the circumstances require, including support for a | 7 | | period before the date the order for support is entered. In | 8 | | no event shall the orders reduce the community spouse | 9 | | resource allowance below the level established in | 10 | | subsection (a) of this Section or an amount set after a | 11 | | fair hearing, whichever is greater, or reduce the monthly | 12 | | maintenance allowance for the community spouse below the | 13 | | level permitted pursuant to subsection (a) of this Section.
| 14 | | (Source: P.A. 97-689, eff. 6-14-12.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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