[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB1649
LRB9105314SMdvA
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 5-4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Section 5-4 as follows:
7 (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
8 Sec. 5-4. Amount and nature of medical assistance. The
9 amount and nature of medical assistance shall be determined
10 by the County Departments in accordance with the standards,
11 rules, and regulations of the Illinois Department of Public
12 Aid, with due regard to the requirements and conditions in
13 each case, including contributions available from legally
14 responsible relatives. However, the amount and nature of
15 such medical assistance shall not be affected by the payment
16 of any grant under the Senior Citizens and Disabled Persons
17 Property Tax Relief and Pharmaceutical Assistance Act. The
18 amount and nature of medical assistance shall not be affected
19 by the receipt of donations or benefits from fundraisers in
20 cases of serious illness, as long as neither the person nor
21 members of the person's family have actual control over the
22 donations or benefits or the disbursement of the donations or
23 benefits.
24 In determining the income and assets available to the
25 institutionalized spouse and to the community spouse, the
26 Illinois Department of Public Aid shall follow the procedures
27 established by federal law. The community spouse resource
28 allowance shall be established and maintained at the maximum
29 level permitted pursuant to Section 1924(f)(2) of the Social
30 Security Act, as now or hereafter amended, or an amount set
31 after a fair hearing, whichever is greater. The monthly
-2- LRB9105314SMdvA
1 maintenance allowance for the community spouse shall be
2 established and maintained at the maximum level permitted
3 pursuant to Section 1924(d)(3)(C) of the Social Security Act,
4 as now or hereafter amended. Subject to the approval of the
5 Secretary of the United States Department of Health and Human
6 Services, the provisions of this Section shall be extended to
7 persons who but for the provision of home or community-based
8 services under Section 4.02 of the Illinois Act on the Aging,
9 would require the level of care provided in an institution,
10 as is provided for in federal law.
11 The Department of Human Services shall notify in writing
12 each institutionalized spouse who is a recipient of medical
13 assistance under this Article, and each such person's
14 community spouse, of the changes in treatment of income and
15 resources, including provisions for protecting income for a
16 community spouse and permitting the transfer of resources to
17 a community spouse, required by enactment of the federal
18 Medicare Catastrophic Coverage Act of 1988 (Public Law
19 100-360). The notification shall be in language likely to be
20 easily understood by those persons. The Department of Human
21 Services also shall reassess the amount of medical assistance
22 for which each such recipient is eligible as a result of the
23 enactment of that federal Act, whether or not a recipient
24 requests such a reassessment.
25 (Source: P.A. 89-507, eff. 7-1-97; 90-655, eff. 7-30-98.)