Bill Text: IL HB4838 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning the amount and nature of medical assistance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4838 Detail]

Download: Illinois-2011-HB4838-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB4838 Introduced , by Rep. Tom Cross 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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AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 5-4 as follows:
(305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
Sec. 5-4. Amount and nature of medical assistance. The The
amount and nature of medical assistance shall be determined by
the County Departments in accordance with the standards, rules,
and regulations of the Department of Healthcare and Family
Services, with due regard to the requirements and conditions in
each case, including contributions available from legally
responsible relatives. However, the amount and nature of such
medical assistance shall not be affected by the payment of any
grant under the Senior Citizens and Disabled Persons Property
Tax Relief and Pharmaceutical Assistance Act or any
distributions or items of income described under subparagraph
(X) of paragraph (2) of subsection (a) of Section 203 of the
Illinois Income Tax Act. The amount and nature of medical
assistance shall not be affected by the receipt of donations or
benefits from fundraisers in cases of serious illness, as long
as neither the person nor members of the person's family have
actual control over the donations or benefits or the

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disbursement of the donations or benefits.
In determining the income and assets available to the
institutionalized spouse and to the community spouse, the
Department of Healthcare and Family Services shall follow the
procedures established by federal law. The community spouse
resource allowance shall be established and maintained at the
maximum level permitted pursuant to Section 1924(f)(2) of the
Social Security Act, as now or hereafter amended, or an amount
set after a fair hearing, whichever is greater. The monthly
maintenance allowance for the community spouse shall be
established and maintained at the maximum level permitted
pursuant to Section 1924(d)(3)(C) of the Social Security Act,
as now or hereafter amended. Subject to the approval of the
Secretary of the United States Department of Health and Human
Services, the provisions of this Section shall be extended to
persons who but for the provision of home or community-based
services under Section 4.02 of the Illinois Act on the Aging,
would require the level of care provided in an institution, as
is provided for in federal law.
The Department of Human Services shall notify in writing
each institutionalized spouse who is a recipient of medical
assistance under this Article, and each such person's community
spouse, of the changes in treatment of income and resources,
including provisions for protecting income for a community
spouse and permitting the transfer of resources to a community
spouse, required by enactment of the federal Medicare

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Catastrophic Coverage Act of 1988 (Public Law 100-360). The
notification shall be in language likely to be easily
understood by those persons. The Department of Human Services
also shall reassess the amount of medical assistance for which
each such recipient is eligible as a result of the enactment of
that federal Act, whether or not a recipient requests such a
reassessment.
(Source: P.A. 95-331, eff. 8-21-07.)