Full Text of SB0777 97th General Assembly
SB0777 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0777 Introduced 2/8/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
| 305 ILCS 5/5-4 | from Ch. 23, par. 5-4 |
| 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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| 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
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 |
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| 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 |
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| 1 | | 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.
| 8 | | (Source: P.A. 95-331, eff. 8-21-07.)
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