Bill Text: IL HB4236 | 2009-2010 | 96th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Department of Veterans Affairs Act. Removes the provision that a veterans home resident's maintenance charges must be paid first and to the fullest extent possible from sources of income other than pensions or compensation paid by the U.S. Department of Veterans Affairs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-07-27 - Public Act . . . . . . . . . 96-0095 [HB4236 Detail]
Download: Illinois-2009-HB4236-Engrossed.html
Bill Title: Amends the Department of Veterans Affairs Act. Removes the provision that a veterans home resident's maintenance charges must be paid first and to the fullest extent possible from sources of income other than pensions or compensation paid by the U.S. Department of Veterans Affairs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-07-27 - Public Act . . . . . . . . . 96-0095 [HB4236 Detail]
Download: Illinois-2009-HB4236-Engrossed.html
|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning State government.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Department of Veterans Affairs Act is | ||||||
5 | amended by changing Section 2.03 as follows:
| ||||||
6 | (20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
| ||||||
7 | Sec. 2.03. Admissions. Admissions to an Illinois Veterans | ||||||
8 | Home are
subject to the rules and regulations adopted by the | ||||||
9 | Department of Veterans'
Affairs to govern the admission of | ||||||
10 | applicants.
| ||||||
11 | Each resident of a Home is liable for the payment of sums
| ||||||
12 | representing maintenance charges for care at the Home at a rate | ||||||
13 | to
be determined by the Department, based on the resident's | ||||||
14 | ability to pay.
However, the charges shall not exceed the | ||||||
15 | average annual per
capita cost of maintaining the resident in | ||||||
16 | the Home. The Department,
upon being furnished proof of | ||||||
17 | payment, shall in its discretion
make allowances for unusual | ||||||
18 | expenses in determining the
ability of the resident to pay | ||||||
19 | maintenance charges.
| ||||||
20 | Payment of maintenance charges shall be made first and to | ||||||
21 | the
fullest extent possible from sources of income other than
| ||||||
22 | pension or compensation paid by the U.S. Department of Veterans | ||||||
23 | Affairs.
|
| |||||||
| |||||||
1 | The basis upon which the payment of maintenance charges | ||||||
2 | shall be
calculated by the Department is the average per capita | ||||||
3 | cost
for the care of all residents at each Home for the fiscal | ||||||
4 | year
immediately preceding the period for which the rate for | ||||||
5 | each
Home is being calculated.
| ||||||
6 | The Department may require residents to pay charges | ||||||
7 | monthly,
quarterly, or otherwise as may be most suitably | ||||||
8 | arranged for the
individual members. The amounts received from | ||||||
9 | each Home for the
charges shall be transmitted to the Treasurer | ||||||
10 | of the State of Illinois
for deposit in each Veterans Home | ||||||
11 | Fund, respectively.
| ||||||
12 | The Department may investigate the financial condition of | ||||||
13 | residents
of a Home to determine their ability to pay | ||||||
14 | maintenance charges and
to establish standards as a basis of | ||||||
15 | judgment for such determination.
Such standards shall be | ||||||
16 | recomputed periodically to reflect
changes in the cost of | ||||||
17 | living and other pertinent factors.
| ||||||
18 | Refusal to pay the maintenance charges is cause for | ||||||
19 | discharge
of a resident from a Home.
| ||||||
20 | The Department may collect any medical or health benefits
| ||||||
21 | to which a resident may become entitled through tax
supported | ||||||
22 | or privately financed systems of insurance, as a
result of his | ||||||
23 | or her care or treatment in the facilities provided by the
| ||||||
24 | Department, or because of care or treatment in other facilities
| ||||||
25 | when such care or treatment has been paid for by the | ||||||
26 | Department.
|
| |||||||
| |||||||
1 | Admission of a resident is not limited or conditioned in | ||||||
2 | any manner
by the financial status of the resident or his or | ||||||
3 | her ability to pay
maintenance charges.
| ||||||
4 | The Department may accept and hold on behalf of the State, | ||||||
5 | if for the
public interest, a grant, gift, devise, or bequest | ||||||
6 | of money or property to
the Department made in trust for the | ||||||
7 | maintenance or support of a resident
of an Illinois Veterans | ||||||
8 | Home or for any other legitimate purpose. The Department shall | ||||||
9 | cause each gift, grant,
devise, or bequest to be kept as a | ||||||
10 | distinct fund and shall invest the same
in the manner provided | ||||||
11 | by the laws of this State relating to securities in
which the | ||||||
12 | deposit in savings banks may be invested. However, the
| ||||||
13 | Department may, at its discretion, deposit in a proper trust | ||||||
14 | company, bank,
or savings bank, during the continuance of the | ||||||
15 | trust, any fund left in
trust for the life of a person and | ||||||
16 | shall adopt rules and regulations
governing the deposit, | ||||||
17 | transfer, or withdrawal of the fund. The Department
shall, on | ||||||
18 | the expiration of any trust as provided in any instrument
| ||||||
19 | creating the trust, dispose of the fund in the manner
provided | ||||||
20 | in the instrument. The Department shall include in its required
| ||||||
21 | reports a statement showing what funds are so held by it and | ||||||
22 | the condition
of the funds; provided that monies found on | ||||||
23 | residents at the time of their
admission or accruing to them | ||||||
24 | during their residence at a Home and monies
deposited with the | ||||||
25 | administrators by relatives, guardians, or friends of
| ||||||
26 | residents for the special comfort and pleasure of the resident |
| |||||||
| |||||||
1 | shall
remain in the custody of the administrators who shall act | ||||||
2 | as trustees for
disbursement to, on behalf of, or for the | ||||||
3 | benefit of the resident. All
types of retirement and pension | ||||||
4 | benefits from private and public sources
may be paid directly | ||||||
5 | to the administrator of a Home for deposit to
the resident | ||||||
6 | trust fund account.
| ||||||
7 | (Source: P.A. 89-324, eff. 8-13-95; 90-168, eff. 7-23-97.)
|