New Long-Term Care Medicaid Rules Finally Come to IllinoisBy Diana Law and William SiebersJanuary 2012Article, Page 30Effective January 1, Illinois finally brought its Medicaid rules for long-term care into compliance with federal requirements. The new rules make it harder for Illinois long-term care recipients to protect their assets while preserving Medicaid eligibility. Here's what you need to know.
Attention estate planners: new Medicaid asset transfer rules finally adoptedBy Helen W. GunnarssonNovember 2011Lawpulse, Page 550New state regulations, passed in response to federal requirements after years of delay, make it harder for nursing home care recipients to both shelter assets and stay eligible for Medicaid.
Dental home initiative for children covered by All Kids. PA 097-0283October 2011Illinois Law Update, Page 496The Children's Health Insurance Program Act, Covering ALL KIDS Health Insurance Act, and the Illinois Public Aid Code have been amended to require the Department of Health and Human Services to work with the dental community and other organizations to develop a dental home for children covered under the Acts. (215 ILCS 106/65 new; 215 ILCS 170/54 new; 305 ILCS 5/5-5.06 new).
Gifts of income subject to Medicaid asset transfer policiesMarch 2011Illinois Law Update, Page 124On December 28, 2010, the Appellate Court of Illinois, Fourth District, reversed a decision of the Circuit Court of Sangamon County, finding that "gifts of income" are subject to the asset transfer policies of the federal Medicaid statute (see 42 USC § 1396p (2006)).
Illinois Public Aid Code amended. PA 095-1013May 2009Illinois Law Update, Page 226Illinois lawmakers added section 5-5.05 to the Illinois Public Aid Code. 305 ILCS 5/5-5.05. Section 5.05 titled "hospitals; psychiatric services" provides that the "per diem rate" to be paid to a hospital for inpatient services as of July 1, 2008, "shall be $363.77."
Community Care Program updatedMarch 2009Illinois Law Update, Page 122The Department on Aging amended Title 89 Ill Adm Code 240, which regulates social services and governs the Illinois Community Care Program.
Commission on the Elimination of Poverty Act created. PA 095-0833October 2008Illinois Law Update, Page 504The Illinois General Assembly created the Commission on the Elimination of Poverty Act to support "the goal of the State of Illinois that all people be free from poverty." Section 5 notes that in the Illinois Constitution, "the elimination of poverty" is among the core goals of our state government.
Ex post facto Medicaid "planning"By Helen W. GunnarssonNovember 2007Lawpulse, Page 570May an agent or guardian shift the principal's assets for Medicaid planning purposes after the principal has become disabled? Yes - but doing so can be expensive.
Medicaid Planning in Illinois: Are You Ready for the DRA?By Kirsten IzattNovember 2007Article, Page 586The Deficit Reduction Act of 2005 requires estate planners to devise new ways to protect the assets of clients who face long nursing-home stays. Illinois hasn't implemented the law, but it will.
New Grant Program for Children Raised by GrandparentsSeptember 2007Illinois Law Update, Page 460Pursuant to Public Act 94-0968, an amendment to the Higher Education Student Assistance Act, 110 ILCS 947/65.75, the Department of Education has added 23 Ill Adm Code 2738, titled "Grant Program for a Child Raised by Grandparent," effective July 1, 2007.
Public aid funeral expenses to be reevaluated annually PA094-0669December 2005Illinois Law Update, Page 622In order to accommodate potential changes in the market, the Illinois general Assembly amended section 12-4.11 of the Public Aid Code (305 ILCS 5/12-4.11).
Transitional Food Stamp Program adoptedJune 2005Illinois Law Update, Page 280The Illinois Department of Human Services recently amended 89 Ill Adm Code 121, effective February 4, 2005.
Illinois responds to hunger in schoolchildren by mandating food service programs—PA 093-1086May 2005Illinois Law Update, Page 232In response to the problems of hunger and food insecurity facing Illinois families as a result of increasing unemployment, the Childhood Hunger Relief Act was passed on February 15, 2005, as a means of alleviating malnutrition and promoting academic achievement in low-income children.
FOIA requests for public records must be in writingSeptember 2004Illinois Law Update, Page 456The Illinois Department of Public Aid recently adopted amendments to 2 Ill Adm Code 1101 effective on July 1, 2004.
New Adoption of Utility StandardsJanuary 2004Illinois Law Update, Page 16Pursuant to federal regulations at 7 CFR 273.9(d)(6)(iii)(A) and to help reduce food stamp errors in housing expenses, the Illinois Department of Human Services amended 89 Ill. Adm. Code 121.
