Full Text of HB4979 102nd General Assembly
HB4979sam001 102ND GENERAL ASSEMBLY | Sen. John Connor Filed: 4/4/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4979
| 2 | | AMENDMENT NO. ______. Amend House Bill 4979 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Insurance Code is amended by | 5 | | adding Section 245.3 as follows: | 6 | | (215 ILCS 5/245.3 new) | 7 | | Sec. 245.3. Irrevocable assignment of life insurance to a | 8 | | funeral home. An insured or any other person who may be the | 9 | | owner of rights under a policy of life insurance may make an | 10 | | irrevocable assignment of all or a part of his or her rights | 11 | | under the policy to a funeral home in accordance with Section | 12 | | 2b of the Illinois Funeral or Burial Funds Act. Subject to the | 13 | | terms of the policy or a contract relating to the policy, | 14 | | including, but not limited to, a prepaid funeral or burial | 15 | | contract, an irrevocable assignment by an insured or other | 16 | | owner of rights under a policy made before or after the |
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| 1 | | effective date of this amendatory Act of the 102nd General | 2 | | Assembly is valid for the purpose of vesting in the assignee, | 3 | | in accordance with the policy or contract as to the time at | 4 | | which it is effective, all rights assigned. That irrevocable | 5 | | assignment is, however, without prejudice to the company on | 6 | | account of any payment it makes. The insurance company shall | 7 | | within 15 business days notify the funeral home and owner of | 8 | | the policy of its receipt of the form. A policy owner who | 9 | | executes a designation of beneficiary form pursuant to Section | 10 | | 2b of the Illinois Funeral or Burial Funds Act also | 11 | | irrevocably waives and cannot exercise the following rights: | 12 | | (1) The right to collect from the insurance company | 13 | | the net proceeds of the policy when it becomes a claim by | 14 | | death. | 15 | | (2) The right to surrender the policy and receive the | 16 | | cash surrender value of the policy. | 17 | | (3) The right to obtain a policy loan. | 18 | | (4) The right to designate as primary beneficiary of | 19 | | the policy anyone other than as provided in that Act. | 20 | | (5) The right to collect or receive income, | 21 | | distributions, or shares of surplus, dividend deposits, | 22 | | refunds of premium, or additions to the policy. | 23 | | This amendatory Act of the 102nd General Assembly | 24 | | acknowledges, declares, and codifies the existing right of | 25 | | assignment of interests under life insurance policies. |
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| 1 | | Section 10. The Illinois Funeral or Burial Funds Act is | 2 | | amended by changing Section 2a and by adding Section 2b as | 3 | | follows:
| 4 | | (225 ILCS 45/2a)
| 5 | | Sec. 2a. Purchase of insurance or annuity.
| 6 | | (a) If a purchaser selects the purchase of a life | 7 | | insurance policy or
tax-deferred annuity contract to fund the | 8 | | pre-need contract, the application
and collected premium shall | 9 | | be mailed within 30 days of signing the pre-need
contract.
| 10 | | (b) If life insurance or an annuity is used to fund a
| 11 | | pre-need contract,
the seller or provider shall not be named | 12 | | as the owner or beneficiary of the
policy or annuity. No person | 13 | | whose only insurable interest in the insured is
the receipt of | 14 | | proceeds from the policy or in naming who shall receive the
| 15 | | proceeds nor any trust acting on behalf of such person or | 16 | | seller or provider
shall be named as owner or beneficiary of | 17 | | the policy or annuity.
| 18 | | (c) Nothing shall prohibit the purchaser from irrevocably | 19 | | assigning
ownership of the policy or annuity used to fund a | 20 | | guaranteed price pre-need
contract to a person or trust or | 21 | | from irrevocably assigning the benefits of the policy or | 22 | | annuity to a funeral home for the purpose of obtaining | 23 | | favorable
consideration for Medicaid, Supplemental Security | 24 | | Income, or another public
assistance program, as permitted | 25 | | under federal law. The seller or contract
provider may be |
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| 1 | | named a
nominal owner of the life insurance policy only for | 2 | | such
time as it takes to immediately transfer the policy into a
| 3 | | trust. Except for this purpose, neither the
seller nor the | 4 | | contract provider shall be named the owner
or the beneficiary | 5 | | of the policy or annuity.
| 6 | | (d) If a life insurance policy or annuity contract is used | 7 | | to fund a
pre-need contract, except for guaranteed price | 8 | | contracts permitted in Section
4(a) of this Act, the pre-need | 9 | | contract must be revocable, and any
assignment
provision in | 10 | | the pre-need contract must contain the following disclosure in | 11 | | 12
point bold type:
| 12 | | THIS ASSIGNMENT MAY BE REVOKED BY THE ASSIGNOR OR | 13 | | ASSIGNOR'S SUCCESSOR OR, IF
THE ASSIGNOR IS ALSO THE INSURED | 14 | | AND DECEASED, BY THE REPRESENTATIVE OF THE
INSURED'S ESTATE | 15 | | BEFORE THE RENDERING TO THE CEMETERY SERVICES OR GOODS OR
| 16 | | FUNERAL SERVICES OR GOODS. IF THE ASSIGNMENT IS REVOKED, THE | 17 | | DEATH BENEFIT
UNDER THE LIFE INSURANCE POLICY OR ANNUITY | 18 | | CONTRACT SHALL BE PAID IN ACCORDANCE
WITH THE BENEFICIARY | 19 | | DESIGNATION UNDER THE INSURANCE POLICY OR ANNUITY
CONTRACT.
| 20 | | (e) Sales proceeds shall not be used to purchase life | 21 | | insurance policies
or tax-deferred annuities unless the | 22 | | company issuing the life insurance
policies or tax-deferred | 23 | | annuities is licensed with the Illinois Department of
| 24 | | Insurance, and the insurance producer or annuity seller is | 25 | | licensed to do
business in the State of Illinois.
| 26 | | (Source: P.A. 92-419, eff. 1-1-02.)
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| 1 | | (225 ILCS 45/2b new) | 2 | | Sec. 2b. Irrevocable designation of beneficiary of | 3 | | existing life insurance. | 4 | | (a) In accordance with Section 245.3 of the Illinois | 5 | | Insurance Code, an insured or any other person who may be the | 6 | | owner of rights under an existing policy of life insurance may | 7 | | make an irrevocable assignment of all or a part of his or her | 8 | | rights under the policy to a provider in consideration for | 9 | | signing a guaranteed pre-need contract for the purpose of | 10 | | obtaining favorable consideration for Medicaid, Supplemental | 11 | | Security Income, or another public assistance program. The | 12 | | form that shall effectuate the irrevocable assignment and | 13 | | thereby provide for the irrevocable designation of beneficiary | 14 | | of one or more life insurance policies, which shall comply | 15 | | with all applicable federal laws and regulations, shall be | 16 | | prepared by the Department of Healthcare and Family Services | 17 | | under paragraph (4) of subsection (c) of Section 3-1.2 of the | 18 | | Illinois Public Aid Code or such form, approved in advance by | 19 | | the Department of Healthcare and Family Services, that has | 20 | | been prepared by an insurance company licensed to operate in | 21 | | the State of Illinois. The insured or any other person who may | 22 | | be the owner of rights under an existing policy of life | 23 | | insurance shall sign a guaranteed pre-need contract with the | 24 | | provider that describes the cost of the funeral goods and | 25 | | services to be provided upon the person's death, up to $7,248, |
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| 1 | | except that any portion of a contract that clearly represents | 2 | | the purchase of burial space, as that term is defined for | 3 | | purposes of the Supplemental Security Income program, is | 4 | | exempt regardless of value. This amount shall be adjusted | 5 | | annually by the Department of Human Services for any increase | 6 | | in the Consumer Price Index. The guaranteed pre-need contract | 7 | | must provide a complete description and cost of the goods and | 8 | | services and any cash advances. More than one policy may be | 9 | | subject to this Section if the total face value of the policies | 10 | | is necessary to pay the amount described in the guaranteed | 11 | | pre-need contract with the provider. All policies shall be | 12 | | listed on the form. The insured or any other person who may be | 13 | | the owner of rights under an existing policy of life insurance | 14 | | shall be given a copy of the executed form. The licensee shall | 15 | | retain copies for inspection by the Comptroller and shall | 16 | | report annually to the Comptroller the following: the name of | 17 | | the insured, the insurance policy number, the amount of the | 18 | | guaranteed pre-need contract, the current value of the policy | 19 | | or benefits designated, and the name of the insurance company | 20 | | issuing the policy. | 21 | | (b) The insured or any other person who may be the owner of | 22 | | rights under an existing policy of life insurance shall | 23 | | acknowledge that by making this assignment irrevocable, the | 24 | | policy cannot be canceled, although it does not affect the | 25 | | right of the policy owner to cancel the insurance policy | 26 | | within the examination period provided under the policy. |
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| 1 | | (c) No commission may be sought or received in connection | 2 | | with any cash advance allowance included in the guaranteed | 3 | | pre-need contract. | 4 | | (d) For guaranteed pre-need contracts with cash advances, | 5 | | the contract shall include a disclosure, in 12 point bold type | 6 | | and located immediately above such cash advance allowance, | 7 | | that states: "No interment, inurnment, or entombment right has | 8 | | been selected or reserved with this allowance; cash advances | 9 | | are merely an allowance toward the then-current costs for the | 10 | | involved items, to be purchased after death. Burial space | 11 | | allowances may only be excluded from resources under Medicaid | 12 | | if a separate contract is executed for such burial space with a | 13 | | cemetery." | 14 | | (e) Upon the death of the insured, the proceeds of the life | 15 | | insurance policies subject to this Section shall be paid to | 16 | | the provider, who shall apply such proceeds in the following | 17 | | order or priority: | 18 | | (1) first, to the provider in an amount equal to the | 19 | | lesser of: | 20 | | (A) the amount of the guaranteed pre-need contract | 21 | | for payment of all services, goods, and cash advances | 22 | | in the amounts indicated on the pre-need contract; or | 23 | | (B) the actual value of the services, goods, and | 24 | | cash advances, not to exceed the amounts indicated in | 25 | | the pre-need contract; | 26 | | (2) second, to the State of Illinois, up to an amount |
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| 1 | | equal to the total medical assistance paid on behalf of | 2 | | the insured; and | 3 | | (3) third, payment of proceeds to a secondary | 4 | | beneficiary (if any) listed on the policy, or to the | 5 | | estate of the decedent if no secondary beneficiary is | 6 | | named on the policy in the event the proceeds exceed the | 7 | | amount of the pre-need contract for payment of all | 8 | | services, goods and cash advances in the amounts indicated | 9 | | on the pre-need contract and the total medical assistance | 10 | | paid on behalf of the insured. | 11 | | (f) The provider shall receive and disburse these proceeds | 12 | | notwithstanding any other prohibition in law against serving | 13 | | as a trustee. The provider shall promptly deposit these funds | 14 | | into a non-interest bearing checking or share account that has | 15 | | been established to receive proceeds of this type. These | 16 | | proceeds shall not be commingled with any other account of the | 17 | | provider. The account may contain the funds of more than one | 18 | | client. The provider may disburse these funds to itself for | 19 | | goods and services. The provider shall maintain a ledger | 20 | | indicating the amount of proceeds received and the | 21 | | disbursement of those proceeds. A copy of this ledger shall be | 22 | | provided to the Comptroller and the Department of Healthcare | 23 | | and Family Services, and to the estate or heirs of the insured, | 24 | | as applicable, if requested by them. For the purpose of this | 25 | | Section, the providers who receive and disburse these proceeds | 26 | | from life insurance policies shall be funeral homes. |
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| 1 | | (g) Further assignment. The rights and obligations of the | 2 | | provider subject to the irrevocable designation of beneficiary | 3 | | may be assigned to another provider upon the choice of the | 4 | | insured or the approved representative or the power of | 5 | | attorney for property of the insured, or upon the insolvency | 6 | | or bankruptcy of the provider. The assignee provider shall: | 7 | | (i) be bound to the terms of the irrevocable designation of | 8 | | beneficiary and the associated guaranteed pre-need contract; | 9 | | (ii) notify the insurance company or companies of the | 10 | | assignment; (iii) notify the Department of Healthcare and | 11 | | Family Services of the change in provider; and (iv) retain a | 12 | | copy of the assignment for inspection by the Comptroller. | 13 | | Section 15. The Illinois Public Aid Code is amended by | 14 | | changing Section 3-1.2 as follows:
| 15 | | (305 ILCS 5/3-1.2) (from Ch. 23, par. 3-1.2)
| 16 | | Sec. 3-1.2. Need. | 17 | | (a) Income available to the person, when added to
| 18 | | contributions in money, substance, or services from other | 19 | | sources,
including contributions from legally responsible | 20 | | relatives, must be
insufficient to equal the grant amount | 21 | | established by Department regulation
for such person. In | 22 | | determining earned income to be taken into account, | 23 | | consideration
shall be given to any expenses reasonably | 24 | | attributable to the earning of
such income. If federal law or |
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| 1 | | regulations permit or require exemption
of earned or other | 2 | | income and resources, the Illinois Department shall
provide by | 3 | | rule and regulation that the amount of income to be
| 4 | | disregarded be increased (1) to the maximum extent so required | 5 | | and (2)
to the maximum extent permitted by federal law or | 6 | | regulation in effect
as of the date this amendatory Act | 7 | | becomes law. The Illinois Department
may also provide by rule | 8 | | and regulation that the amount of resources to
be disregarded | 9 | | be increased to the maximum extent so permitted or required. | 10 | | (b) Subject to federal approval, resources (for example, | 11 | | land, buildings, equipment, supplies, or tools), including | 12 | | farmland property and personal property used in the | 13 | | income-producing operations related to the farmland (for | 14 | | example, equipment and supplies, motor vehicles, or tools), | 15 | | necessary for self-support, up to $6,000 of the person's | 16 | | equity in the income-producing property, provided that the | 17 | | property produces a net annual income of at least 6% of the | 18 | | excluded equity value of the property, are exempt. Equity | 19 | | value in excess of $6,000 shall not be excluded. If the | 20 | | activity produces income that is less than 6% of the exempt | 21 | | equity due to reasons beyond the person's control (for | 22 | | example, the person's illness or crop failure) and there is a | 23 | | reasonable expectation that the property will again produce | 24 | | income equal to or greater than 6% of the equity value (for | 25 | | example, a medical prognosis that the person is expected to | 26 | | respond to treatment or that drought-resistant corn will be |
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| 1 | | planted), the equity value in the property up to $6,000 is | 2 | | exempt. If the person owns more than one piece of property and | 3 | | each produces income, each piece of property shall be looked | 4 | | at to determine whether the 6% rule is met, and then the | 5 | | amounts of the person's equity in all of those properties | 6 | | shall be totaled to determine whether the total equity is | 7 | | $6,000 or less. The total equity value of all properties that | 8 | | is exempt shall be limited to $6,000.
| 9 | | (c) In determining the resources of an individual or any | 10 | | dependents, the
Department shall exclude from consideration | 11 | | the value of funeral and burial
spaces, funeral and
burial | 12 | | insurance the proceeds of which can only be used to pay the | 13 | | funeral
and burial expenses of the insured and funds | 14 | | specifically set aside for the
funeral and burial arrangements | 15 | | of the individual or his or her dependents,
including prepaid | 16 | | funeral and burial plans, to the same extent that such
items | 17 | | are excluded from consideration under the federal Supplemental
| 18 | | Security Income program (SSI). At any time prior to or after | 19 | | submitting an application for medical assistance and before a | 20 | | final determination of eligibility has been made by the | 21 | | Department, an applicant may use available resources to | 22 | | purchase one of the prepaid funeral or burial contracts | 23 | | exempted under this Section. | 24 | | Prepaid funeral or burial contracts are exempt to the | 25 | | following extent:
| 26 | | (1) Funds in a revocable prepaid funeral or burial |
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| 1 | | contract are exempt up to $1,500, except that any portion | 2 | | of a contract that clearly represents the purchase of | 3 | | burial space, as that term is defined for purposes of the | 4 | | Supplemental Security Income program, is exempt regardless | 5 | | of value. | 6 | | (2) Funds in an irrevocable prepaid funeral or burial | 7 | | contract are exempt up to $7,248 $5,874 , except that any | 8 | | portion of a contract that clearly represents the purchase | 9 | | of burial space, as that term is defined for purposes of | 10 | | the Supplemental Security Income program, is exempt | 11 | | regardless of value. This amount shall be adjusted | 12 | | annually for any increase in the Consumer Price Index. The | 13 | | amount exempted shall be limited to the price of the | 14 | | funeral goods and services to be provided upon death. The | 15 | | contract must provide a complete description of the | 16 | | funeral goods and services to be provided and the price | 17 | | thereof. Any amount in the contract not so specified shall | 18 | | be treated as a transfer of assets for less than fair | 19 | | market value. | 20 | | (3) A prepaid, guaranteed-price funeral or burial | 21 | | contract, funded by an irrevocable assignment of a | 22 | | person's life insurance policy to a trust or a funeral | 23 | | home , is exempt. The amount exempted shall be limited to | 24 | | the amount of the insurance benefit designated for the | 25 | | cost of the funeral goods and services to be provided upon | 26 | | the person's death. The contract must provide a complete |
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| 1 | | description of the funeral goods and services to be | 2 | | provided and the price thereof. Any amount in the contract | 3 | | not so specified shall be treated as a transfer of assets | 4 | | for less than fair market value. The trust must include a | 5 | | statement that, upon the death of the person, the State | 6 | | will receive all amounts remaining in the trust, including | 7 | | any remaining payable proceeds under the insurance policy | 8 | | up to an amount equal to the total medical assistance paid | 9 | | on behalf of the person. The trust is responsible for | 10 | | ensuring that the provider of funeral services under the | 11 | | contract receives the proceeds of the policy when it | 12 | | provides the funeral goods and services specified under | 13 | | the contract. The irrevocable assignment of ownership of | 14 | | the insurance policy must be acknowledged by the insurance | 15 | | company. | 16 | | (4) Existing life insurance policies are exempt if | 17 | | there has been an irrevocable assignment in compliance | 18 | | with Section 2b of the Illinois Funeral or Burial Funds | 19 | | Act. A person shall sign a contract with a funeral home, | 20 | | which is licensed under the Illinois Funeral or Burial | 21 | | Funds Act, that describes the cost of the funeral goods | 22 | | and services to be provided upon the person's death, up to | 23 | | $7,248, except that any portion of a contract that clearly | 24 | | represents the purchase of burial space, as that term is | 25 | | defined for purposes of the Supplemental Security Income | 26 | | program, is exempt regardless of value. This amount shall |
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| 1 | | be adjusted annually for any increase in the Consumer | 2 | | Price Index. The contract must provide a complete | 3 | | description of the goods and services and any cash | 4 | | advances to be provided and the price thereof. The person | 5 | | shall sign an irrevocable designation of beneficiary form | 6 | | declaring that any amounts payable from the policies not | 7 | | used for goods and services and any cash advances as set | 8 | | forth in the contract shall be received by the State, up to | 9 | | an amount equal to the total medical assistance paid on | 10 | | behalf of the person; any funds remaining after payment to | 11 | | the State shall be paid to a secondary beneficiary (if | 12 | | any) listed on the policy, or to the estate of the | 13 | | purchaser if no secondary beneficiary is named on the | 14 | | policy in the event the proceeds exceed the prearranged | 15 | | costs of merchandise and services and any cash advances | 16 | | and the total medical assistance paid on behalf of the | 17 | | insured. More than one policy may be subject to this | 18 | | subsection if the total face value of the policies is | 19 | | necessary to pay the amount described in the contract with | 20 | | the funeral home; policies that are not necessary to pay | 21 | | the amount described in the contract are not exempt. The | 22 | | licensed funeral home to which the life insurance policy | 23 | | benefits have been irrevocably assigned shall retain | 24 | | copies for inspection by the Comptroller and shall report | 25 | | annually to the Comptroller the following: the name of the | 26 | | insured, the name of the insurance company and policy |
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| 1 | | number, an itemized account of the amount of the contract | 2 | | for goods and services and any cash advances provided, and | 3 | | the current value of the policy of benefits designated | 4 | | with a record of all amounts paid back to the State or | 5 | | other beneficiary. The Department of Healthcare and Family | 6 | | Services shall adopt rules and forms to implement this | 7 | | Section. | 8 | | (d) Notwithstanding any other provision of this Code to | 9 | | the contrary, an irrevocable trust containing the resources of | 10 | | a person who is determined to have a disability shall be | 11 | | considered exempt from consideration. A pooled trust must be | 12 | | established and managed by a non-profit association that pools | 13 | | funds but maintains a separate account for each beneficiary. | 14 | | The trust may be established by the person, a parent, | 15 | | grandparent, legal guardian, or court. It must be established | 16 | | for the sole benefit of the person and language contained in | 17 | | the trust shall stipulate that any amount remaining in the | 18 | | trust (up to the amount expended by the Department on medical | 19 | | assistance) that is not retained by the trust for reasonable | 20 | | administrative costs related to wrapping up the affairs of the | 21 | | subaccount shall be paid to the Department upon the death of | 22 | | the person. After a person reaches age 65, any funding by or on | 23 | | behalf of the person to the trust shall be treated as a | 24 | | transfer of assets for less than fair market value unless the | 25 | | person is a ward of a county public guardian or the State | 26 | | Guardian pursuant to Section 13-5 of the Probate Act of 1975 or |
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| 1 | | Section 30 of the Guardianship and Advocacy Act and lives in | 2 | | the community, or the person is a ward of a county public | 3 | | guardian or the State Guardian pursuant to Section 13-5 of the | 4 | | Probate Act of 1975 or Section 30 of the Guardianship and | 5 | | Advocacy Act and a court has found that any expenditures from | 6 | | the trust will maintain or enhance the person's quality of | 7 | | life. If the trust contains proceeds from a personal injury | 8 | | settlement, any Department charge must be satisfied in order | 9 | | for the transfer to the trust to be treated as a transfer for | 10 | | fair market value. | 11 | | (e) The homestead shall be exempt from consideration | 12 | | except to the extent
that it meets the income and shelter needs | 13 | | of the person. "Homestead"
means the dwelling house and | 14 | | contiguous real estate owned and occupied
by the person, | 15 | | regardless of its value. Subject to federal approval, a person | 16 | | shall not be eligible for long-term care services, however, if | 17 | | the person's equity interest in his or her homestead exceeds | 18 | | the minimum home equity as allowed and increased annually | 19 | | under federal law. Subject to federal approval, on and after | 20 | | the effective date of this amendatory Act of the 97th General | 21 | | Assembly, homestead property transferred to a trust shall no | 22 | | longer be considered homestead property.
| 23 | | (f) Occasional or irregular gifts in cash, goods or | 24 | | services from persons
who are not legally responsible | 25 | | relatives which are of nominal value or
which do not have | 26 | | significant effect in meeting essential requirements
shall be |
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| 1 | | disregarded. | 2 | | (g) The eligibility of any applicant for or recipient
of | 3 | | public aid under this Article is not affected by the payment of | 4 | | any
grant under the "Senior Citizens and Disabled Persons | 5 | | Property Tax
Relief Act" or any distributions or items of
| 6 | | income described under subparagraph (X) of paragraph (2) of | 7 | | subsection (a) of
Section 203 of the Illinois Income Tax Act.
| 8 | | (h) The Illinois Department may, after appropriate | 9 | | investigation, establish
and implement a consolidated standard | 10 | | to determine need and eligibility
for and amount of benefits | 11 | | under this Article or a uniform cash supplement
to the federal | 12 | | Supplemental Security Income program for all or any part
of | 13 | | the then current recipients under this Article; provided, | 14 | | however, that
the establishment or implementation of such a | 15 | | standard or supplement shall
not result in reductions in | 16 | | benefits under this Article for the then current
recipients of | 17 | | such benefits.
| 18 | | (i) The provisions under paragraph (4) of subsection (c) | 19 | | are subject to federal approval. The Department of Healthcare | 20 | | and Family Services shall apply for any necessary federal | 21 | | waivers or approvals to implement by January 1, 2023 the | 22 | | changes made to this Section by this amendatory Act of the | 23 | | 102nd General Assembly. | 24 | | (Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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