Rep. Elizabeth Hernandez

Filed: 10/18/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 251 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 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



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1income described under subparagraph (X) of paragraph (2) of
2subsection (a) of Section 203 of the Illinois Income Tax Act.
3The amount and nature of medical assistance shall not be
4affected by the receipt of donations or benefits from
5fundraisers in cases of serious illness, as long as neither
6the person nor members of the person's family have actual
7control over the donations or benefits or the disbursement of
8the donations or benefits.
9    In determining the income and resources available to the
10institutionalized spouse and to the community spouse, the
11Department of Healthcare and Family Services shall follow the
12procedures established by federal law. If an institutionalized
13spouse or community spouse refuses to comply with the
14requirements of Title XIX of the federal Social Security Act
15and the regulations duly promulgated thereunder by failing to
16provide the total value of assets, including income and
17resources, to the extent either the institutionalized spouse
18or community spouse has an ownership interest in them pursuant
19to 42 U.S.C. 1396r-5, such refusal may result in the
20institutionalized spouse being denied eligibility and
21continuing to remain ineligible for the medical assistance
22program based on failure to cooperate.
23    Subject to federal approval, the community spouse resource
24allowance shall be established and maintained at the higher of
25$109,560 or the minimum level permitted pursuant to Section
261924(f)(2) of the Social Security Act, as now or hereafter



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1amended, or an amount set after a fair hearing, whichever is
2greater. The monthly maintenance allowance for the community
3spouse shall be established and maintained at the higher of
4$2,739 per month or the minimum level permitted pursuant to
5Section 1924(d)(3) of the Social Security Act, as now or
6hereafter amended, or an amount set after a fair hearing,
7whichever is greater. Subject to the approval of the Secretary
8of the United States Department of Health and Human Services,
9the provisions of this Section shall be extended to persons
10who but for the provision of home or community-based services
11under Section 4.02 of the Illinois Act on the Aging, would
12require the level of care provided in an institution, as is
13provided for in federal law.
14    (b) Spousal support for institutionalized spouses
15receiving medical assistance.
16        (i) The Department may seek support for an
17    institutionalized spouse, who has assigned his or her
18    right of support from his or her spouse to the State, from
19    the resources and income available to the community
20    spouse.
21        (ii) The Department may bring an action in the circuit
22    court to establish support orders or itself establish
23    administrative support orders by any means and procedures
24    authorized in this Code, as applicable, except that the
25    standard and regulations for determining ability to
26    support in Section 10-3 shall not limit the amount of



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1    support that may be ordered.
2        (iii) Proceedings may be initiated to obtain support,
3    or for the recovery of aid granted during the period such
4    support was not provided, or both, for the obtainment of
5    support and the recovery of the aid provided. Proceedings
6    for the recovery of aid may be taken separately or they may
7    be consolidated with actions to obtain support. Such
8    proceedings may be brought in the name of the person or
9    persons requiring support or may be brought in the name of
10    the Department, as the case requires.
11        (iv) The orders for the payment of moneys for the
12    support of the person shall be just and equitable and may
13    direct payment thereof for such period or periods of time
14    as the circumstances require, including support for a
15    period before the date the order for support is entered.
16    In no event shall the orders reduce the community spouse
17    resource allowance below the level established in
18    subsection (a) of this Section or an amount set after a
19    fair hearing, whichever is greater, or reduce the monthly
20    maintenance allowance for the community spouse below the
21    level permitted pursuant to subsection (a) of this
22    Section.
23(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)".