Bill Text: IL SB0103 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides for a minimum monthly personal needs allowance for institutionalized persons who are eligible for Medicaid. Provides that the State shall pay an amount in addition to the minimum monthly personal needs allowance authorized under the Social Security Act, so that the person's total monthly personal needs allowance from both State and federal sources equals $50. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB0103 Detail]

Download: Illinois-2011-SB0103-Amended.html

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Sen. Kimberly A. Lightford

Filed: 3/14/2011

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AMENDMENT TO SENATE BILL 103
AMENDMENT NO. ______. Amend Senate Bill 103 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Public Aid Code is amended by
changing Section 5B-8 and by adding Section 5-31 as follows:
(305 ILCS 5/5-31 new)
Sec. 5-31. Personal needs allowance. The minimum monthly
personal needs allowance, as authorized under Section 1902 (g)
of Title XIX of the Social Security Act, for a resident who is
determined to be eligible for medical assistance under this
Article and who is living in a long-term care facility
participating in the medical assistance program, shall be $50.
(305 ILCS 5/5B-8) (from Ch. 23, par. 5B-8)
Sec. 5B-8. Long-Term Care Provider Fund.
(a) There is created in the State Treasury the Long-Term

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Care Provider Fund. Interest earned by the Fund shall be
credited to the Fund. The Fund shall not be used to replace any
moneys appropriated to the Medicaid program by the General
Assembly.
(b) The Fund is created for the purpose of receiving and
disbursing moneys in accordance with this Article.
Disbursements from the Fund shall be made only as follows:
(1) For payments to nursing facilities, including
county nursing facilities but excluding State-operated
facilities, under Title XIX of the Social Security Act and
Article V of this Code.
(2) For the reimbursement of moneys collected by the
Illinois Department through error or mistake.
(3) For payment of administrative expenses incurred by
the Illinois Department or its agent in performing the
activities authorized by this Article.
(3.5) For reimbursement of expenses incurred by
long-term care facilities, and payment of administrative
expenses incurred by the Department of Public Health, in
relation to the conduct and analysis of background checks
for identified offenders under the Nursing Home Care Act.
(4) For payments of any amounts that are reimbursable
to the federal government for payments from this Fund that
are required to be paid by State warrant.
(5) For making transfers to the General Obligation Bond
Retirement and Interest Fund, as those transfers are

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authorized in the proceedings authorizing debt under the
Short Term Borrowing Act, but transfers made under this
paragraph (5) shall not exceed the principal amount of debt
issued in anticipation of the receipt by the State of
moneys to be deposited into the Fund.
(6) For making transfers, at the direction of the
Director of the Governor's Office of Management and Budget
during each fiscal year beginning on or after July 1, 2011,
to other State funds in an annual amount of $20,000,000 of
the tax collected pursuant to this Article for the purpose
of enforcement of nursing home standards, support of the
ombudsman program, and efforts to expand home and
community-based services.
(7) For the reimbursement of moneys passed on by
facilities for the purpose of increasing the personal needs
allowance pursuant to Section 5-31 of this Code.
Disbursements from the Fund, other than transfers made
pursuant to paragraphs (5) and (6) of this subsection, shall be
by warrants drawn by the State Comptroller upon receipt of
vouchers duly executed and certified by the Illinois
Department.
(c) The Fund shall consist of the following:
(1) All moneys collected or received by the Illinois
Department from the long-term care provider assessment
imposed by this Article.
(2) All federal matching funds received by the Illinois

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Department as a result of expenditures made by the Illinois
Department that are attributable to moneys deposited in the
Fund.
(3) Any interest or penalty levied in conjunction with
the administration of this Article.
(4) (Blank).
(5) All other monies received for the Fund from any
other source, including interest earned thereon.
(Source: P.A. 95-707, eff. 1-11-08; 96-1530, eff. 2-16-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".