Full Text of SB2962 102nd General Assembly
SB2962eng 102ND GENERAL ASSEMBLY |
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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 | 12 | | in 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
Persons with Disabilities | 16 | | Property Tax Relief Act or any
distributions or items of | 17 | | income described under subparagraph (X) of
paragraph (2) of | 18 | | subsection (a) of Section 203 of the Illinois Income Tax
Act.
| 19 | | The amount and nature of medical assistance shall not be | 20 | | affected by the
receipt of donations or benefits from | 21 | | fundraisers in cases of serious
illness, as long as neither | 22 | | the person nor members of the person's family
have actual | 23 | | control over the donations or benefits or the disbursement of
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| 1 | | the donations or benefits.
| 2 | | In determining the income and resources available to the | 3 | | institutionalized
spouse and to the community spouse, the | 4 | | Department of Healthcare and Family Services
shall follow the | 5 | | procedures established by federal law. If an institutionalized | 6 | | spouse or community spouse refuses to comply with the | 7 | | requirements of Title XIX of the federal Social Security Act | 8 | | and the regulations duly promulgated thereunder by failing to | 9 | | provide the total value of assets, including income and | 10 | | resources, to the extent either the institutionalized spouse | 11 | | or community spouse has an ownership interest in them pursuant | 12 | | to 42 U.S.C. 1396r-5, such refusal may result in the | 13 | | institutionalized spouse being denied eligibility and | 14 | | continuing to remain ineligible for the medical assistance | 15 | | program based on failure to cooperate. | 16 | | Subject to federal approval, the community spouse
resource | 17 | | allowance shall be established and maintained at the maximum | 18 | | amount higher of $109,560 or the minimum level
permitted | 19 | | pursuant to Section 1924(f)(2) (A)(ii)(II) of the Social | 20 | | Security Act, as now
or hereafter amended, or an amount set | 21 | | after a fair hearing, or the amount transferred by the | 22 | | institutionalized spouse to the community spouse by court | 23 | | order, whichever is
greater. The monthly maintenance allowance | 24 | | for the community spouse shall be
established and maintained | 25 | | at the maximum amount higher of $2,739 per month or the minimum | 26 | | level permitted pursuant to Section
1924(d)(3) (C) of the |
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| 1 | | Social Security Act, as now or hereafter amended, or an amount | 2 | | set after a fair hearing , or the amount transferred by the | 3 | | institutionalized spouse to the community spouse by court | 4 | | order , whichever is greater. Subject
to the approval of the | 5 | | Secretary of the United States Department of Health and
Human | 6 | | Services, the provisions of this Section shall be extended to | 7 | | persons who
but for the provision of home or community-based | 8 | | services under Section
4.02 of the Illinois Act on the Aging, | 9 | | would require the level of care provided
in an institution, as | 10 | | is provided for in federal law.
| 11 | | (b) Spousal support for institutionalized spouses | 12 | | receiving medical assistance. | 13 | | (i) The Department may seek support for an | 14 | | institutionalized spouse, who has assigned his or her | 15 | | right of support from his or her spouse to the State, from | 16 | | the resources and income available to the community | 17 | | spouse. | 18 | | (ii) The Department may bring an action in the circuit | 19 | | court to establish support orders or itself establish | 20 | | administrative support orders by any means and procedures | 21 | | authorized in this Code, as applicable, except that the | 22 | | standard and regulations for determining ability to | 23 | | support in Section 10-3 shall not limit the amount of | 24 | | support that may be ordered. | 25 | | (iii) Proceedings may be initiated to obtain support, | 26 | | or for the recovery of aid granted during the period such |
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| 1 | | support was not provided, or both, for the obtainment of | 2 | | support and the recovery of the aid provided. Proceedings | 3 | | for the recovery of aid may be taken separately or they may | 4 | | be consolidated with actions to obtain support. Such | 5 | | proceedings may be brought in the name of the person or | 6 | | persons requiring support or may be brought in the name of | 7 | | the Department, as the case requires. | 8 | | (iv) The orders for the payment of moneys for the | 9 | | support of the person shall be just and equitable and may | 10 | | direct payment thereof for such period or periods of time | 11 | | as the circumstances require, including support for a | 12 | | period before the date the order for support is entered. | 13 | | In no event shall the orders reduce the community spouse | 14 | | resource allowance below the level established in | 15 | | subsection (a) of this Section or an amount set after a | 16 | | fair hearing, whichever is greater, or reduce the monthly | 17 | | maintenance allowance for the community spouse below the | 18 | | level permitted pursuant to subsection (a) of this | 19 | | Section.
| 20 | | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)
| 21 | | Section 99. Effective date. This Act takes effect January | 22 | | 1, 2023.
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