Illinois 2023-2024 Regular Session

Illinois House Bill HB2880 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2880 Introduced , by Rep. Lamont J. Robinson, Jr. 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. LRB103 27376 AMC 53748 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2880 Introduced , by Rep. Lamont J. Robinson, Jr. SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-4 from Ch. 23, par. 5-4 305 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. LRB103 27376 AMC 53748 b LRB103 27376 AMC 53748 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2880 Introduced , by Rep. Lamont J. Robinson, Jr. SYNOPSIS AS INTRODUCED:
3	3	305 ILCS 5/5-4 from Ch. 23, par. 5-4 305 ILCS 5/5-4 from Ch. 23, par. 5-4
4	4	305 ILCS 5/5-4 from Ch. 23, par. 5-4
5	5	Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning the amount and nature of medical assistance.
6	6	LRB103 27376 AMC 53748 b LRB103 27376 AMC 53748 b
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8	8	A BILL FOR
9	9	HB2880LRB103 27376 AMC 53748 b HB2880 LRB103 27376 AMC 53748 b
10	10	HB2880 LRB103 27376 AMC 53748 b
11	11	1 AN ACT concerning public aid.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Public Aid Code is amended by
15	15	5 changing Section 5-4 as follows:
16	16	6 (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
17	17	7 Sec. 5-4. Amount and nature of medical assistance.
18	18	8 (a) The The amount and nature of medical assistance shall
19	19	9 be determined in accordance with the standards, rules, and
20	20	10 regulations of the Department of Healthcare and Family
21	21	11 Services, with due regard to the requirements and conditions
22	22	12 in each case, including contributions available from legally
23	23	13 responsible relatives. However, the amount and nature of such
24	24	14 medical assistance shall not be affected by the payment of any
25	25	15 grant under the Senior Citizens and Persons with Disabilities
26	26	16 Property Tax Relief Act or any distributions or items of
27	27	17 income described under subparagraph (X) of paragraph (2) of
28	28	18 subsection (a) of Section 203 of the Illinois Income Tax Act.
29	29	19 The amount and nature of medical assistance shall not be
30	30	20 affected by the receipt of donations or benefits from
31	31	21 fundraisers in cases of serious illness, as long as neither
32	32	22 the person nor members of the person's family have actual
33	33	23 control over the donations or benefits or the disbursement of
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2880 Introduced , by Rep. Lamont J. Robinson, Jr. SYNOPSIS AS INTRODUCED:
38	38	305 ILCS 5/5-4 from Ch. 23, par. 5-4 305 ILCS 5/5-4 from Ch. 23, par. 5-4
39	39	305 ILCS 5/5-4 from Ch. 23, par. 5-4
40	40	Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning the amount and nature of medical assistance.
41	41	LRB103 27376 AMC 53748 b LRB103 27376 AMC 53748 b
42	42	LRB103 27376 AMC 53748 b
43	43	A BILL FOR
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49	49	305 ILCS 5/5-4 from Ch. 23, par. 5-4
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68	68	1 the donations or benefits.
69	69	2 In determining the income and resources available to the
70	70	3 institutionalized spouse and to the community spouse, the
71	71	4 Department of Healthcare and Family Services shall follow the
72	72	5 procedures established by federal law. If an institutionalized
73	73	6 spouse or community spouse refuses to comply with the
74	74	7 requirements of Title XIX of the federal Social Security Act
75	75	8 and the regulations duly promulgated thereunder by failing to
76	76	9 provide the total value of assets, including income and
77	77	10 resources, to the extent either the institutionalized spouse
78	78	11 or community spouse has an ownership interest in them pursuant
79	79	12 to 42 U.S.C. 1396r-5, such refusal may result in the
80	80	13 institutionalized spouse being denied eligibility and
81	81	14 continuing to remain ineligible for the medical assistance
82	82	15 program based on failure to cooperate.
83	83	16 Subject to federal approval, beginning January 1, 2023,
84	84	17 the community spouse resource allowance shall be established
85	85	18 and maintained as follows: a base amount of $109,560 plus an
86	86	19 additional amount of $2,784 added to the base amount each year
87	87	20 for a period of 10 years commencing with calendar year 2024
88	88	21 through calendar year 2034. In addition to the base amount and
89	89	22 the additional amount shall be any increase each year from the
90	90	23 prior year to the maximum resource allowance permitted under
91	91	24 Section 1924(f)(2)(A)(ii)(II) of the Social Security Act.
92	92	25 Subject to federal approval, beginning January 1, 2034 the
93	93	26 community spouse resource allowance shall be established and
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104	104	1 maintained at the maximum amount permitted under Section
105	105	2 1924(f)(2)(A)(ii)(II) of the Social Security Act, as now or
106	106	3 hereafter amended, or an amount set after a fair hearing.
107	107	4 Subject to federal approval, beginning January 1, 2023 the
108	108	5 monthly maintenance allowance for the community spouse shall
109	109	6 be established and maintained at the maximum amount permitted
110	110	7 pursuant to Section 1924(d)(3)(C) of the Social Security Act,
111	111	8 as now or hereafter amended, or an amount set after a fair
112	112	9 hearing, whichever is greater. Subject to the approval of the
113	113	10 Secretary of the United States Department of Health and Human
114	114	11 Services, the provisions of this Section shall be extended to
115	115	12 persons who but for the provision of home or community-based
116	116	13 services under Section 4.02 of the Illinois Act on the Aging,
117	117	14 would require the level of care provided in an institution, as
118	118	15 is provided for in federal law.
119	119	16 (b) Spousal support for institutionalized spouses
120	120	17 receiving medical assistance.
121	121	18 (i) The Department may seek support for an
122	122	19 institutionalized spouse, who has assigned his or her
123	123	20 right of support from his or her spouse to the State, from
124	124	21 the resources and income available to the community
125	125	22 spouse.
126	126	23 (ii) The Department may bring an action in the circuit
127	127	24 court to establish support orders or itself establish
128	128	25 administrative support orders by any means and procedures
129	129	26 authorized in this Code, as applicable, except that the
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140	140	1 standard and regulations for determining ability to
141	141	2 support in Section 10-3 shall not limit the amount of
142	142	3 support that may be ordered.
143	143	4 (iii) Proceedings may be initiated to obtain support,
144	144	5 or for the recovery of aid granted during the period such
145	145	6 support was not provided, or both, for the obtainment of
146	146	7 support and the recovery of the aid provided. Proceedings
147	147	8 for the recovery of aid may be taken separately or they may
148	148	9 be consolidated with actions to obtain support. Such
149	149	10 proceedings may be brought in the name of the person or
150	150	11 persons requiring support or may be brought in the name of
151	151	12 the Department, as the case requires.
152	152	13 (iv) The orders for the payment of moneys for the
153	153	14 support of the person shall be just and equitable and may
154	154	15 direct payment thereof for such period or periods of time
155	155	16 as the circumstances require, including support for a
156	156	17 period before the date the order for support is entered.
157	157	18 In no event shall the orders reduce the community spouse
158	158	19 resource allowance below the level established in
159	159	20 subsection (a) of this Section or an amount set after a
160	160	21 fair hearing, whichever is greater, or reduce the monthly
161	161	22 maintenance allowance for the community spouse below the
162	162	23 level permitted pursuant to subsection (a) of this
163	163	24 Section.
164	164	25 (Source: P.A. 102-1037, eff. 6-2-22.)
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