Bill Text: IL HB2765 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Illinois Act on the Aging. In regard to a nursing home prescreening program administered by the Department on Aging for individuals with Alzheimer's Disease and related disorders, provides that case coordination units shall employ pre-screeners to perform all functions assigned to case coordination units under the Act and that in addition to information needed to properly assess an individual's need for services, the pre-screener shall be responsible for soliciting asset, income, and resource information needed to comply with federal spousal impoverishment requirements. Requires the pre-screener to (i) inform the individual and the individual's spouse, if any, of the consequences of failing to comply with full disclosure and (ii) enter asset, income, and resource information into the same database used to enter the Determination of Need score to ensure that the Department of Human Services and the Department of Healthcare and Family Services have open access to such information. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that subject to federal approval, the community spouse resource allowance shall be established and maintained, based on asset, income, and resource information collected by a pre-screener, at the higher of $109,560 or the minimum level permitted pursuant to certain federal guidelines, as now or hereafter amended, or an amount set after a fair hearing, whichever is greater (rather than the community spouse resource allowance shall be established and maintained at the higher of $109,560 or the minimum level permitted pursuant to certain federal guidelines, as now or hereafter amended, or an amount set after a fair hearing, whichever is greater). Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0255 [HB2765 Detail]
Download: Illinois-2013-HB2765-Chaptered.html
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| Public Act 098-0255 | ||||
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AN ACT concerning public aid.
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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 Illinois Act on the Aging is amended by | ||||
changing Section 4.03 as follows:
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(20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
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Sec. 4.03. The Department on Aging, in cooperation with the | ||||
Department of
Human Services and any other appropriate State, | ||||
local or
federal agency, shall, without regard to income | ||||
guidelines, establish a
nursing home prescreening program to | ||||
determine whether Alzheimer's Disease
and related disorders | ||||
victims, and persons who are deemed as blind or
disabled as | ||||
defined by the Social Security Act and who are in need of long
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term care, may be satisfactorily cared for in their homes | ||||
through the use
of home and community based services. | ||||
Responsibility for prescreening shall be vested with case | ||||
coordination units.
Prescreening shall occur: (i) when | ||||
hospital discharge planners have advised the case coordination | ||||
unit of the imminent risk of nursing home placement of a | ||||
patient who meets the above criteria and in advance of | ||||
discharge of the patient; or (ii) when a case coordination unit | ||||
has been advised of the imminent risk of nursing home placement | ||||
of an individual in the community. The individual who is | ||||
prescreened shall be informed of all appropriate options, | ||
including placement in a nursing home and the availability of | ||
in-home and community-based services and shall be advised of | ||
her or his right to refuse nursing home, in-home, | ||
community-based, or all services. In addition, the individual | ||
being prescreened shall be informed of spousal impoverishment | ||
requirements, the need to submit financial information to | ||
access services, and the consequences for failure to do so in a | ||
form and manner developed jointly by the Department on Aging, | ||
the Department of Human Services, and the Department of | ||
Healthcare and Family Services. Case coordination units under
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contract with the Department may charge a fee for the | ||
prescreening provided
under this Section and the fee shall be | ||
no greater than the cost of such
services to the case | ||
coordination unit. At the time of each prescreening, case | ||
coordination units shall provide information regarding the | ||
Office of State Long Term Care Ombudsman's Residents Right to | ||
Know database as authorized in subsection (c-5) of Section | ||
4.04.
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(Source: P.A. 95-80, eff. 8-13-07; 95-823, eff. 1-1-09; 96-328, | ||
eff. 8-11-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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