Bill Text: IL SB2151 | 2013-2014 | 98th General Assembly | Introduced

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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 (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2151 Detail]

Download: Illinois-2013-SB2151-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2151 Introduced 2/15/2013, by Sen. Bill Cunningham 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.
(a) The The amount and nature of medical assistance shall
be determined 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 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 disbursement of the donations or benefits.

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In determining the income and resources 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. If an institutionalized
spouse or community spouse refuses to comply with the
requirements of Title XIX of the federal Social Security Act
and the regulations duly promulgated thereunder by failing to
provide the total value of assets, including income and
resources, to the extent either the institutionalized spouse or
community spouse has an ownership interest in them pursuant to
42 U.S.C. 1396r-5, such refusal may result in the
institutionalized spouse being denied eligibility and
continuing to remain ineligible for the medical assistance
program based on failure to cooperate.
Subject to federal approval, the community spouse resource
allowance shall be established and maintained at the higher of
$109,560 or the minimum 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 higher of
$2,739 per month or the minimum level permitted pursuant to
Section 1924(d)(3)(C) of the Social Security Act, as now or
hereafter amended, or an amount set after a fair hearing,
whichever is greater. Subject to the approval of the Secretary
of the United States Department of Health and Human Services,

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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.
(b) Spousal support for institutionalized spouses
receiving medical assistance.
(i) The Department may seek support for an
institutionalized spouse, who has assigned his or her right
of support from his or her spouse to the State, from the
resources and income available to the community spouse.
(ii) The Department may bring an action in the circuit
court to establish support orders or itself establish
administrative support orders by any means and procedures
authorized in this Code, as applicable, except that the
standard and regulations for determining ability to
support in Section 10-3 shall not limit the amount of
support that may be ordered.
(iii) Proceedings may be initiated to obtain support,
or for the recovery of aid granted during the period such
support was not provided, or both, for the obtainment of
support and the recovery of the aid provided. Proceedings
for the recovery of aid may be taken separately or they may
be consolidated with actions to obtain support. Such
proceedings may be brought in the name of the person or
persons requiring support or may be brought in the name of

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the Department, as the case requires.
(iv) The orders for the payment of moneys for the
support of the person shall be just and equitable and may
direct payment thereof for such period or periods of time
as the circumstances require, including support for a
period before the date the order for support is entered. In
no event shall the orders reduce the community spouse
resource allowance below the level established in
subsection (a) of this Section or an amount set after a
fair hearing, whichever is greater, or reduce the monthly
maintenance allowance for the community spouse below the
level permitted pursuant to subsection (a) of this Section.
(Source: P.A. 97-689, eff. 6-14-12.)