Full Text of HB2758 096th General Assembly
HB2758 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2758
Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/5-4 |
from Ch. 23, par. 5-4 |
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Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning the amount and nature of medical assistance.
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A BILL FOR
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HB2758 |
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LRB096 10073 DRJ 20238 b |
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| AN ACT concerning public aid.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing Section 5-4 as follows:
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| (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
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| Sec. 5-4. Amount and nature of medical assistance. The
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
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| 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 |
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HB2758 |
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LRB096 10073 DRJ 20238 b |
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| 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
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| 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
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| 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.
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| 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
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| spouse and permitting the transfer of resources to a community | 26 |
| spouse,
required by enactment of the federal Medicare |
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HB2758 |
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LRB096 10073 DRJ 20238 b |
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| Catastrophic Coverage Act of
1988 (Public Law 100-360). The | 2 |
| notification shall be in language likely to
be easily | 3 |
| understood by those persons. The Department of Human
Services | 4 |
| also shall reassess the amount of medical assistance for which | 5 |
| each
such recipient is eligible as a result of the enactment of | 6 |
| that federal Act,
whether or not a recipient requests such a | 7 |
| reassessment.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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