|
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0102 Introduced , by Rep. Greg Harris 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.
| |
| | |
| | A BILL FOR |
|
|
| | HB0102 | | LRB099 00164 KTG 20165 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. |
| 8 | | (a) The The amount and nature of
medical assistance shall |
| 9 | | be 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 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 Act or any
distributions or items of income |
| 17 | | described under subparagraph (X) of
paragraph (2) of subsection |
| 18 | | (a) of Section 203 of the Illinois Income Tax
Act.
The amount |
| 19 | | and nature of medical assistance shall not be affected by the
|
| 20 | | receipt of donations or benefits from fundraisers in cases of |
| 21 | | serious
illness, as long as neither the person nor members of |
| 22 | | the person's family
have actual control over the donations or |
| 23 | | benefits or the disbursement of
the donations or benefits.
|
|
| | HB0102 | - 2 - | LRB099 00164 KTG 20165 b |
|
|
|
| 1 | | In determining the income and resources available to the |
| 2 | | institutionalized
spouse and to the community spouse, the |
| 3 | | Department of Healthcare and Family Services
shall follow the |
| 4 | | procedures established by federal law. If an institutionalized |
| 5 | | spouse or community spouse refuses to comply with the |
| 6 | | requirements of Title XIX of the federal Social Security Act |
| 7 | | and the regulations duly promulgated thereunder by failing to |
| 8 | | provide the total value of assets, including income and |
| 9 | | resources, to the extent either the institutionalized spouse or |
| 10 | | community spouse has an ownership interest in them pursuant to |
| 11 | | 42 U.S.C. 1396r-5, such refusal may result in the |
| 12 | | institutionalized spouse being denied eligibility and |
| 13 | | continuing to remain ineligible for the medical assistance |
| 14 | | program based on failure to cooperate. |
| 15 | | Subject to federal approval, the community spouse
resource |
| 16 | | allowance shall be established and maintained at the higher of |
| 17 | | $109,560 or the minimum level
permitted pursuant to Section |
| 18 | | 1924(f)(2) of the Social Security Act, as now
or hereafter |
| 19 | | amended, or an amount set after a fair hearing, whichever is
|
| 20 | | greater. The monthly maintenance allowance for the community |
| 21 | | spouse shall be
established and maintained at the higher of |
| 22 | | $2,739 per month or the minimum level permitted pursuant to |
| 23 | | Section
1924(d)(3) of the Social Security Act, as now or |
| 24 | | hereafter amended, or an amount set after a fair hearing, |
| 25 | | whichever is greater. Subject
to the approval of the Secretary |
| 26 | | of the United States Department of Health and
Human Services, |
|
| | HB0102 | - 3 - | LRB099 00164 KTG 20165 b |
|
|
|
| 1 | | the provisions of this Section shall be extended to persons who
|
| 2 | | but for the provision of home or community-based services under |
| 3 | | Section
4.02 of the Illinois Act on the Aging, would require |
| 4 | | the level of care provided
in an institution, as is provided |
| 5 | | for in federal law.
|
| 6 | | (b) Spousal support for institutionalized spouses |
| 7 | | receiving medical assistance. |
| 8 | | (i) The Department may seek support for an |
| 9 | | institutionalized spouse, who has assigned his or her right |
| 10 | | of support from his or her spouse to the State, from the |
| 11 | | resources and income available to the community spouse. |
| 12 | | (ii) The Department may bring an action in the circuit |
| 13 | | court to establish support orders or itself establish |
| 14 | | administrative support orders by any means and procedures |
| 15 | | authorized in this Code, as applicable, except that the |
| 16 | | standard and regulations for determining ability to |
| 17 | | support in Section 10-3 shall not limit the amount of |
| 18 | | support that may be ordered. |
| 19 | | (iii) Proceedings may be initiated to obtain support, |
| 20 | | or for the recovery of aid granted during the period such |
| 21 | | support was not provided, or both, for the obtainment of |
| 22 | | support and the recovery of the aid provided. Proceedings |
| 23 | | for the recovery of aid may be taken separately or they may |
| 24 | | be consolidated with actions to obtain support. Such |
| 25 | | proceedings may be brought in the name of the person or |
| 26 | | persons requiring support or may be brought in the name of |
|
| | HB0102 | - 4 - | LRB099 00164 KTG 20165 b |
|
|
|
| 1 | | the Department, as the case requires. |
| 2 | | (iv) The orders for the payment of moneys for the |
| 3 | | support of the person shall be just and equitable and may |
| 4 | | direct payment thereof for such period or periods of time |
| 5 | | as the circumstances require, including support for a |
| 6 | | period before the date the order for support is entered. In |
| 7 | | no event shall the orders reduce the community spouse |
| 8 | | resource allowance below the level established in |
| 9 | | subsection (a) of this Section or an amount set after a |
| 10 | | fair hearing, whichever is greater, or reduce the monthly |
| 11 | | maintenance allowance for the community spouse below the |
| 12 | | level permitted pursuant to subsection (a) of this Section.
|
| 13 | | (Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)
|