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| Public Act 096-0100 |
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AN ACT concerning State government.
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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 Department of Veterans Affairs Act is | ||||
amended by changing Section 2.03 as follows:
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(20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
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Sec. 2.03. Admissions. Admissions to an Illinois Veterans | ||||
Home are
subject to the rules and regulations adopted by the | ||||
Department of Veterans'
Affairs to govern the admission of | ||||
applicants.
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Each resident of a Home is liable for the payment of sums
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representing maintenance charges for care at the Home at a rate | ||||
to
be determined by the Department, based on the resident's | ||||
ability to pay.
However, the charges shall not exceed the | ||||
average annual per
capita cost of maintaining the resident in | ||||
the Home. The Department,
upon being furnished proof of | ||||
payment, shall in its discretion
make allowances for unusual | ||||
expenses in determining the
ability of the resident to pay | ||||
maintenance charges.
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Payment of maintenance charges shall be made first and to | ||||
the
fullest extent possible from sources of income other than
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pension or compensation paid by the U.S. Department of Veterans | ||||
Affairs.
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The basis upon which the payment of maintenance charges | ||
shall be
calculated by the Department is the average per capita | ||
cost
for the care of all residents at each Home for the fiscal | ||
year
immediately preceding the period for which the rate for | ||
each
Home is being calculated.
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The Department may require residents to pay charges | ||
monthly,
quarterly, or otherwise as may be most suitably | ||
arranged for the
individual members. The amounts received from | ||
each Home for the
charges shall be transmitted to the Treasurer | ||
of the State of Illinois
for deposit in each Veterans Home | ||
Fund, respectively.
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The Department may investigate the financial condition of | ||
residents
of a Home to determine their ability to pay | ||
maintenance charges and
to establish standards as a basis of | ||
judgment for such determination.
Such standards shall be | ||
recomputed periodically to reflect
changes in the cost of | ||
living and other pertinent factors.
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Refusal to pay the maintenance charges is cause for | ||
discharge
of a resident from a Home.
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The Department may collect any medical or health benefits
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to which a resident may become entitled through tax
supported | ||
or privately financed systems of insurance, as a
result of his | ||
or her care or treatment in the facilities provided by the
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Department, or because of care or treatment in other facilities
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when such care or treatment has been paid for by the | ||
Department.
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Admission of a resident is not limited or conditioned in | ||
any manner
by the financial status of the resident or his or | ||
her ability to pay
maintenance charges.
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The Department may accept and hold on behalf of the State, | ||
if for the
public interest, a grant, gift, devise, or bequest | ||
of money or property to
the Department made in trust for the | ||
maintenance or support of a resident
of an Illinois Veterans | ||
Home or for any other legitimate purpose. The Department shall | ||
cause each gift, grant,
devise, or bequest to be kept as a | ||
distinct fund and shall invest the same
in the manner provided | ||
by the laws of this State relating to securities in
which the | ||
deposit in savings banks may be invested. However, the
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Department may, at its discretion, deposit in a proper trust | ||
company, bank,
or savings bank, during the continuance of the | ||
trust, any fund left in
trust for the life of a person and | ||
shall adopt rules and regulations
governing the deposit, | ||
transfer, or withdrawal of the fund. The Department
shall, on | ||
the expiration of any trust as provided in any instrument
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creating the trust, dispose of the fund in the manner
provided | ||
in the instrument. The Department shall include in its required
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reports a statement showing what funds are so held by it and | ||
the condition
of the funds; provided that monies found on | ||
residents at the time of their
admission or accruing to them | ||
during their residence at a Home and monies
deposited with the | ||
administrators by relatives, guardians, or friends of
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residents for the special comfort and pleasure of the resident | ||
shall
remain in the custody of the administrators who shall act | ||
as trustees for
disbursement to, on behalf of, or for the | ||
benefit of the resident. All
types of retirement and pension | ||
benefits from private and public sources
may be paid directly | ||
to the administrator of a Home for deposit to
the resident | ||
trust fund account.
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(Source: P.A. 89-324, eff. 8-13-95; 90-168, eff. 7-23-97.)
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