Sen. Ira I. Silverstein

Filed: 5/6/2013





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2    AMENDMENT NO. ______. Amend House Bill 1516 by replacing
3everything after the enacting clause with the following:
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 amount and nature of medical assistance shall be
9determined in accordance with the standards, rules, and
10regulations of the Department of Healthcare and Family
11Services, with due regard to the requirements and conditions in
12each 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 Disabled Persons Property
16Tax Relief Act or any distributions or items of income



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1described under subparagraph (X) of paragraph (2) of subsection
2(a) of Section 203 of the Illinois Income Tax Act. The amount
3and nature of medical assistance shall not be affected by the
4receipt of donations or benefits from fundraisers in cases of
5serious illness, as long as neither the person nor members of
6the person's family have actual control over the donations or
7benefits or the disbursement of the donations or benefits.
8    In determining the income and resources available to the
9institutionalized spouse and to the community spouse, the
10Department of Healthcare and Family Services shall follow the
11procedures established by federal law. If an institutionalized
12spouse or community spouse refuses to comply with the
13requirements of Title XIX of the federal Social Security Act
14and the regulations duly promulgated thereunder by failing to
15provide the total value of assets, including income and
16resources, to the extent either the institutionalized spouse or
17community spouse has an ownership interest in them pursuant to
1842 U.S.C. 1396r-5, after being advised of the consequences of
19refusal, such refusal may result in the institutionalized
20spouse being denied eligibility and continuing to remain
21ineligible for the medical assistance program based on failure
22to cooperate, so long as the Department of Healthcare and
23Family Services provides written notice of the consequences of
24refusal to the institutionalized spouse or community spouse, to
25his or her agent under power of attorney, if any, or to his or
26her guardian, if any.



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1    Subject to federal approval, the community spouse resource
2allowance shall be established and maintained at the higher of
3$109,560 or the minimum level permitted pursuant to Section
41924(f)(2) of the Social Security Act, as now or hereafter
5amended, or an amount set after a fair hearing, whichever is
6greater. The monthly maintenance allowance for the community
7spouse shall be established and maintained at the higher of
8$2,739 per month or the minimum level permitted pursuant to
9Section 1924(d)(3)(C) of the Social Security Act, as now or
10hereafter amended, or an amount set after a fair hearing,
11whichever is greater. Subject to the approval of the Secretary
12of the United States Department of Health and Human Services,
13the provisions of this Section shall be extended to persons who
14but for the provision of home or community-based services under
15Section 4.02 of the Illinois Act on the Aging, would require
16the level of care provided in an institution, as is provided
17for in federal law.
18    (b) Spousal support for institutionalized spouses
19receiving medical assistance.
20        (i) The Department may seek support for an
21    institutionalized spouse, who has assigned his or her right
22    of support from his or her spouse to the State, from the
23    resources and income available to the community spouse.
24        (ii) The Department may bring an action in the circuit
25    court to establish support orders or itself establish
26    administrative support orders by any means and procedures



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1    authorized in this Code, as applicable, except that the
2    standard and regulations for determining ability to
3    support in Section 10-3 shall not limit the amount of
4    support that may be ordered.
5        (iii) Proceedings may be initiated to obtain support,
6    or for the recovery of aid granted during the period such
7    support was not provided, or both, for the obtainment of
8    support and the recovery of the aid provided. Proceedings
9    for the recovery of aid may be taken separately or they may
10    be consolidated with actions to obtain support. Such
11    proceedings may be brought in the name of the person or
12    persons requiring support or may be brought in the name of
13    the Department, as the case requires.
14        (iv) The orders for the payment of moneys for the
15    support of the person shall be just and equitable and may
16    direct payment thereof for such period or periods of time
17    as the circumstances require, including support for a
18    period before the date the order for support is entered. In
19    no event shall the orders reduce the community spouse
20    resource allowance below the level established in
21    subsection (a) of this Section or an amount set after a
22    fair hearing, whichever is greater, or reduce the monthly
23    maintenance allowance for the community spouse below the
24    level permitted pursuant to subsection (a) of this Section.
25(Source: P.A. 97-689, eff. 6-14-12.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".