Full Text of SB1349 96th General Assembly
SB1349 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1349
Introduced 2/10/2009, by Sen. Rickey R. Hendon SYNOPSIS AS INTRODUCED: |
|
305 ILCS 5/5-4 |
from Ch. 23, par. 5-4 |
|
Amends the Illinois Public Aid Code. Provides that the notification sent to institutionalized spouses and community spouses by the Department of Human Services in connection with the medical assistance program must include information concerning assistance available to the community spouse. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB1349 |
|
LRB096 10348 DRJ 20518 b |
|
| 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. The | 8 |
| amount and nature of
medical assistance shall be determined by | 9 |
| the County Departments in accordance
with the standards, rules, | 10 |
| and 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 and Pharmaceutical Assistance Act or any
| 17 |
| distributions or items of income described under subparagraph | 18 |
| (X) of
paragraph (2) of subsection (a) of Section 203 of the | 19 |
| Illinois Income Tax
Act.
The amount and nature of medical | 20 |
| assistance shall not be affected by the
receipt of donations or | 21 |
| benefits from fundraisers in cases of serious
illness, as long | 22 |
| as neither the person nor members of the person's family
have | 23 |
| actual control over the donations or benefits or the |
|
|
|
SB1349 |
- 2 - |
LRB096 10348 DRJ 20518 b |
|
| 1 |
| disbursement of
the donations or benefits.
| 2 |
| In determining the income and assets 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. The community spouse
| 6 |
| resource allowance shall be established and maintained at the | 7 |
| maximum level
permitted pursuant to Section 1924(f)(2) of the | 8 |
| Social Security Act, as now
or hereafter amended, or an amount | 9 |
| set after a fair hearing, whichever is
greater. The monthly | 10 |
| maintenance allowance for the community spouse shall be
| 11 |
| established and maintained at the maximum level permitted | 12 |
| pursuant to Section
1924(d)(3)(C) of the Social Security Act, | 13 |
| as now or hereafter amended. Subject
to the approval of the | 14 |
| Secretary of the United States Department of Health and
Human | 15 |
| Services, the provisions of this Section shall be extended to | 16 |
| persons who
but for the provision of home or community-based | 17 |
| services under Section
4.02 of the Illinois Act on the Aging, | 18 |
| would require the level of care provided
in an institution, as | 19 |
| is provided for in federal law.
| 20 |
| The Department of Human Services shall notify in writing | 21 |
| each
institutionalized
spouse who is a recipient of medical | 22 |
| assistance under this Article, and
each such person's community | 23 |
| spouse, of the changes in treatment of income
and resources, | 24 |
| including provisions for protecting income for a community
| 25 |
| spouse and permitting the transfer of resources to a community | 26 |
| spouse,
required by enactment of the federal Medicare |
|
|
|
SB1349 |
- 3 - |
LRB096 10348 DRJ 20518 b |
|
| 1 |
| Catastrophic Coverage Act of
1988 (Public Law 100-360). The | 2 |
| notification must include information concerning assistance | 3 |
| available to the community spouse. The notification shall be in | 4 |
| language likely to
be easily understood by those persons. The | 5 |
| Department of Human
Services also shall reassess the amount of | 6 |
| medical assistance for which each
such recipient is eligible as | 7 |
| a result of the enactment of that federal Act,
whether or not a | 8 |
| recipient requests such a reassessment.
| 9 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
|
|