96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0746


 
Introduced 2/6/2009, by Rep. Sara Feigenholtz
 
SYNOPSIS AS INTRODUCED:
 		














305 ILCS 5/5-13
  from Ch. 23, par. 5-13







    Amends the Illinois Public Aid Code. In connection with provisions for a State claim against the estate of medical assistance recipients, deletes a provision that the amount expended (1) for a person of any age who is an inpatient in a nursing facility, an intermediate care facility for the mentally retarded, or other medical institution, or (2) for a person aged 55 or more, shall be a claim against the estate of the person's spouse. Effective immediately.
















LRB096 04731 DRJ 14794 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0746

LRB096 04731 DRJ 14794 b






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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 Public Aid Code is amended  by 
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changing Section 5-13 as follows:
 



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    (305 ILCS 5/5-13)  (from Ch. 23, par. 5-13)



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    Sec. 5-13. Claim against estate of recipients. To the 
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extent permitted under
the federal Social Security Act, the 
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amount expended under this Article (1) for
a person of any age 
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who is an inpatient in a nursing facility, an intermediate
care 
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facility for the mentally retarded, or other medical 
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institution, or (2)
for a person aged 55 or more, shall be a 
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claim against the person's
estate or a claim against the estate 
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of the person's spouse,
regardless of the order of death, but 
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no recovery may
be had thereon until after the death of the 
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surviving spouse, if any, and then
only at such time when there 
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is no surviving child who is under age 21, or
blind, or 
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permanently and totally disabled. This Section, however, shall 
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not
bar recovery at the death of the person of amounts of 
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medical assistance paid
to or in his behalf to which he was not 
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entitled; provided that such
recovery shall not be enforced 
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against any real estate while it is occupied
as a homestead by 
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the surviving spouse or other dependent, if no claims by
other 
 


 






HB0746
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creditors have been filed against the estate, or if such claims 
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have
been filed, they remain dormant for failure of prosecution 
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or failure of
the claimant to compel administration of the 
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estate for the purpose of
payment.  The term "estate", as used 
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in this Section, with respect to a
deceased person, means all 
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real and personal property and other assets included
within the 
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person's estate, as that term is used in the Probate Act of 
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1975;
however, in the case of a deceased person who has 
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received (or is entitled to
receive) benefits under a long-term 
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care insurance policy in connection with
which assets or 
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resources are disregarded to the extent that payments are made

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or because the deceased person received (or was entitled to 
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receive) benefits
under a long-term care insurance policy, 
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"estate" also includes any
other real and personal property and 
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other assets in which the deceased person
had any legal title 
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or interest at the time of his or her death (to the extent
of 
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that interest), including assets conveyed to a survivor, heir, 
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or assignee
of the deceased person through joint tenancy, 
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tenancy in common, survivorship,
life estate, living trust, or 
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other arrangement. The term "homestead", as used
in this 
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Section, means the dwelling house and contiguous real estate 
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occupied
by a surviving spouse or relative, as defined by the 
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rules and regulations of
the Illinois Department, regardless of 
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the value of the property.

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    A claim arising under this Section against assets conveyed 
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to a survivor,
heir, or assignee of the deceased person through 
 


 






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joint tenancy, tenancy in
common, survivorship, life estate, 
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living trust, or other arrangement is not
effective until the 
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claim is recorded or filed in the manner provided for a
notice 
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of lien in Section 3-10.2.  The claim is subject to the same

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requirements and conditions to which liens on real property 
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interests are
subject under Sections 3-10.1 through 3-10.10.  A 
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claim arising under this
Section attaches to interests owned or 
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subsequently acquired by the estate of a
recipient or the 
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estate of a recipient's surviving spouse.
The transfer or 
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conveyance of any real or personal property of the estate
as

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defined in this Section shall be subject to the fraudulent 
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transfer conditions
that apply to real property in Section 3-11 
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of this Code.

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    The provisions of this Section shall not affect the 
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validity of claims
against estates for medical assistance 
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provided prior to January 1, 1966 to
aged, blind, or disabled 
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persons receiving aid under Articles V, VII and
VII-A of the 
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1949 Code.

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(Source: P.A. 88-85; 88-554, eff. 7-26-94; 89-21, eff. 7-1-95; 
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89-437, eff.
12-15-95; 89-686, eff. 12-31-96.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.