HB 4574 — MEDICAID-CLAIM AGAINST ESTATE

*LRB09515595DRJ41595b* HB4574 95THEngrossed GENERALLRB095 ASSEMBLY15595 StateDRJ of41595 Illinoisb andAN 2008ACT HB4574concerning bypublic Rep.aid.

Sara Feigenholtz SYNOPSIS AS INTRODUCED:

ILCS 5/5-13 from Ch.

23, par.

5-13 Amends the Illinois Public Aid Code.

Provides that the Department of Healthcare and Family Services shall have a claim against a recipient’s estate for medical assistance paid under the Medical Assistance Article of the Code (instead of for the amount expended under the Medical Assistance Article of the Code).

Provides for such a claim for nursing facility services, home and community-based services, and related hospital and prescription drug services for a person aged 55 or more at the time the assistance is received.

Eliminates a provision for a claim against a recipient’s spouse’s estate.

Effective immediately.

LRB095 15595 DRJ 41595 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB4574 LRB095 15595 DRJ 41595 b AN ACT concerning public aid.

To the extent permitted under the federal Social Security Act, the Department shall have a claim against a recipient’s estate for medical assistance paid the amount expended under this Article (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 nursinga facilityperson services,aged home55 andor community-basedmore, services,shall andbe relateda hospitalclaim andagainst prescriptionthe drugperson’s servicesestate foror a personclaim agedagainst 55the orestate moreof atthe person’s spouse, regardless of the timeorder of death, but no recovery may be had thereon until after the assistancedeath of the surviving spouse, if any, and then only at such time when there is received.no surviving child who is under age 21, or blind, or permanently and totally disabled.

No,This shallSection, behowever, ashall claimnot againstbar therecovery person’sat estate or a claim against the estatedeath of the person’sperson spouse, regardless of theamounts order of death,medical butassistance nopaid recoveryto mayor bein hadhis thereonbehalf untilto afterwhich thehe deathwas ofnot theentitled; surviving spouse, if any, however, and then only at such time when there is no surviving child who is under age 21, or blind, or permanently and totally disabled.

Thisprovided Section,that however,such recovery shall not barbe recoveryenforced atagainst theany deathreal ofestate while it is occupied as a homestead by the personsurviving ofspouse or other dependent, if no claims by other HB4574 Engrossed - 2 - LRB095 15595 DRJ 41595 b amountscreditors ofhave medicalbeen assistancefiled paidagainst tothe estate, or inif hissuch behalfclaims have been filed, they remain dormant for failure of prosecution or failure of the claimant to whichcompel headministration wasof notthe entitled;estate for the purpose of payment.

provided that such recovery shall not be enforced against any real estate while it is occupied as a homestead by the surviving spouse or other dependent, if no claims by other creditors have been filed against the estate, or if such claims have been filed, they remain dormant for failure of prosecution or failure of the claimant to compel administration of the estate for the purpose of payment.

The term "homestead", as used in this Section, means the dwelling house and contiguous real estate occupied by a surviving spouse or relative, as HB4574 - 3 - LRB095 15595 DRJ 41595 b defined by the rules and regulations of the Illinois Department, regardless of the value of the property.

A claim arising under this Section against assets conveyed to a survivor, heir, or assignee of the deceased person through HB4574 Engrossed - 3 - LRB095 15595 DRJ 41595 b joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement is not effective until the claim is recorded or filed in the manner provided for a notice of lien in Section 3-10.2.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General HB4574 Engrossed - 4 - LRB095 15595 DRJ 41595 b Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.