HB 746 — DISABILITY-RAPID REINTEGRATION

HB0746 EngrossedEnrolled LRB096 04731 DRJ 14794 b AN ACT concerning public aid.

The IllinoisDisabilities PublicServices AidAct Codeof 2003 is amended by changingadding the heading of Article IV and Section 5-1360 as follows:

(305(20 ILCS 5/5-13)2407/Art. (from Ch.

23,IV par.heading new) ARTICLE IV.

5-13)RAPID REINTEGRATION PILOT PROGRAM (20 ILCS 2407/60 new) Sec.

5-13.60.

ClaimRapid againstReintegration estatePilot ofProgram. recipients.

To(a) theThe extentDepartment permitted under the federal Social Security Act, the amount expended under this Article (1) for a person of anyHuman ageServices 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 beoperate a claimRapid againstReintegration thePilot person'sProgram. estate or a claim against the estate of the person's spouse, regardless of the order of death, but no recovery may be had thereon until after the death of the surviving spouse, if any, and then only at such time when there is no surviving child who is under age 21, or blind, or permanently and totally disabled.

ThisThe Section,purpose however,of shallthe notpilot barprogram recoveryis atto thedemonstrate deaththat, ofwith theappropriate personsupport ofand amountsservices, ofindividuals medicalwith assistancephysical paiddisabilities toand individuals with mental illness who need a short-term placement of 6 months or less in hisa behalfnursing facility can successfully return to whichthe hecommunity waswithout notexperiencing entitled;unnecessary institutionalization.

providedThe thatinitial suchpilot recoveryprogram sites shall not be enforcedthose againstinitiated any real estate while it is occupied as a homestead by the surviving spouse or otheroperated dependent, if no claims by other HB0746 Engrossed - 2 - LRB096 04731 DRJ 14794 b creditors have been filed against the estate,Department orin ifFiscal suchYear claims2009. 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 termpilot "estate",program asmay usedbe inexpanded this Section, with respect to a deceased person, means all real and personal property and other assetssites includedas withinfunding thebecomes person'savailable estate,for as that termpurpose. is used in the Probate Act of 1975;

however,(b) inThe theDepartment case of aHuman deceasedServices personshall whosecure hasthe receivedcooperation (orof ishospitals entitled to receive) benefits under a long-term care insurance policy in connection with which assets or resources are disregarded to the extentgeographic thatareas paymentsserved areby made or because the deceasedHB0746 personEnrolled received- (or2 was- entitledLRB096 to04731 receive)DRJ benefits14794 underb apilot long-termprogram careso insurancethat policy,hospitals "estate"will alsocoordinate includeswith anythe otherService realCoordination andAgencies personal property and other assets in which the deceasedHome personServices hadProgram anyto legalverify titlewhether or interest at the timeindividual ofis hisexpected orto herhave deatha (toshort-term thestay extent of that6 interest),months includingor assetsless conveyedin to a survivor,nursing heir,facility orupon assigneedischarge offrom the deceasedhospital. person through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement.

(c) The termService "homestead",Coordination asAgencies usedand inthe thisHome Section,Services meansProgram in the dwellingpilot houseareas andshall contiguousmake realan estateinitial occupiedassessment byand a survivingpost-admission spouseassessment orto relative,ascertain aswhether definedan byindividual theneeds rulesa andnursing regulationsfacility level of care and whether the Illinoisindividual Department,is regardlessexpected ofto be in the valuenursing facility for a short-term stay of the6 property.months or less.

A(d) claimThe arisingService underCoordination thisAgencies Sectionand againstthe assetsHome conveyedServices toProgram ashall survivor,make heir,necessary orand assigneeappropriate ofefforts theto deceasedreintegrate personany throughindividual HB0746who Engrossedis -found 3to -need LRB096nursing 04731facility DRJlevel 14794of bcare jointand tenancy,is tenancyexpected into common,be survivorship,in lifea estate,nursing livinghome trust,for ora othershort-term arrangementstay isof not6 effectivemonths untilor theless, claimincluding iscollaboration recordedwith orlocal filedservice inproviders, thesuch manneras providedcenters for aindependent noticeliving ofand liencommunity inmental Sectionhealth 3-10.2.agencies.

The(e) claimIf an individual who, through the pilot program, has been identified as needing a short-term stay of 6 months or less is subjectadmitted to a nursing facility, the sameindividual requirementsshall andbe conditionsassessed for eligibility for an enhanced Community Home Maintenance Allowance to whichallow liensthe onindividual realto propertyretain interestsincome arefor subjecta underperiod Sectionsof 3-10.1up throughto 3-10.10.6 months in order to retain his or her home.

A(f) claimThe arisingpilot underprogram thisshall Sectionoperate attachesfor tonot interestsless ownedthan or3 subsequentlyHB0746 acquiredEnrolled by- the3 estate- ofLRB096 a04731 recipientDRJ or14794 b years after the estateeffective date of athis recipient'samendatory survivingAct spouse.of the 96th General Assembly.

The transferDepartment or conveyance of anyHuman realServices orshall personalassess propertythe effectiveness of the estatepilot asprogram defined in thispreventing Sectionthe shallunnecessary beinstitutionalization subjectof toindividuals thewith fraudulentphysical transferdisabilities conditionsor thatmental applyillness toand realallowing propertythem into Sectionsuccessfully 3-11return ofto thistheir Code.pre-admission living arrangements.

(g) The provisionspilot ofprogram established under this SectionArticle shall not affectapply the validity of claims against estates for medical assistance provided prior to Januaryfacilities 1,that 1966qualify to aged, blind, or disabled persons receiving aid under Articlesfederal V,law VIIas andinstitutions VII-Afor ofmental thedisease. 1949 Code.

(Source:Section 99.

P.A.

88-85;

88-554, eff.

7-26-94;

89-21, eff.

7-1-95;

89-437, eff.

12-15-95;

89-686, eff.

12-31-96.) Section 99.