Publications

Articles on Public Aid

Temporary Assistance to Needy Families recognizes need for adults to complete secondary education

April
2017
Illinois Law Update
Page 22
The Department of Human Services adopted amendments that allow adults to count work towards completion of a secondary degree as core work activity.

Coming soon: bed reserves permitted in nursing and mental health facilities

March
2015
Illinois Law Update
Page 20
The Illinois Public Aid Code has been amended by specifying that effective June 1, 2015, payments will be authorized for bed reserves in nursing facilities and mental health facilities that are at least 90% occupied and have at least 80% of their occupants being Medicaid eligible.

Additional prohibitions for TANF benefits

November
2014
Illinois Law Update
Page 524
The Department amended provisions of the regulations concerning the Temporary Assistance for Needy Families ("TANF") program.

New restrictions on SNAP benefits

November
2014
Illinois Law Update
Page 524
The Department revised the regulations regarding the Supplemental Nutrition Assistance Program ("SNAP") to implement a provision of federal Public Law 113-79.

Applicants’ assets will no longer be considered for TANF program eligibility

May
2014
Illinois Law Update
Page 220
The Illinois Department of Human Services will consider new criteria for determining Temporary Assistance for Needy Families (TANF) program eligibility. 89 Ill. Adm. Code 112 (eff. Jan. 29, 2014).

Public aid applications may now be submitted electronically

May
2014
Illinois Law Update
Page 220
The Illinois Department of Human Services (the "Department") amended its procedures for administering Medicaid, CHIP, and Health Subsidy Programs. 89 Ill. Adm. Code 10; 89 Ill. Adm. Code 121. As of February 7, 2014, applications for cash, medical, or SNAP assistance can be submitted electronically.

New act allows for interstate cooperation between emergency aid providers

January
2014
Illinois Law Update
Page 16
The recently enacted Interstate Mutual Emergency Aid Act allows local municipalities to establish mutual aid agreements with government units from other states for the purpose of addressing "emergencies that extend or exceed a jurisdiction's emergency response capabilities."

Third party insurer liability under the Illinois Public Aid Code

October
2013
Illinois Law Update
Page 504
The Illinois Public Aid Code has been amended to address third party liability. 305 ILCS 5/12-4.45.

New Long-Term Care Medicaid Rules Finally Come to Illinois

By Diana Law and William Siebers
January
2012
Article
Page 30
Effective 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 adopted

By Helen W. Gunnarsson
November
2011
LawPulse
Page 550
New 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 097-0283

October
2011
Illinois Law Update
Page 496
The 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 policies

March
2011
Illinois Law Update
Page 124
On 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)).

Act provides assistance to the families and children of incarcerated parents. PA 096-0068

October
2009
Illinois Law Update
Page 496
The Department of Human Services Act has been amended to require state agencies to provide the families and children of incarcerated parents with information about how to obtain social services. 

Illinois Public Aid Code amended. PA 095-1013

May
2009
Illinois Law Update
Page 226
Illinois 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 updated

March
2009
Illinois Law Update
Page 122
The Department on Aging amended Title 89 Ill Adm Code 240, which regulates social services and governs the Illinois Community Care Program.

New rules governing the monthly income ceiling for childcare eligibility

November
2008
Illinois Law Update
Page 554
The Department of Human Services (DHS) amended 89 Ill Adm Code 500, which deals with the general program provisions for childcare.

Commission on the Elimination of Poverty Act created. PA 095-0833

October
2008
Illinois Law Update
Page 504
The 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. 

Medicaid law doesn’t preempt state’s ability to collect for nursing-home bill

By Helen W. Gunnarsson
June
2008
LawPulse
Page 278
The state can go after the at-home spouse to recover the institutionalized spouse's nursing home expenses, the Illinois Supreme Court rules.

Ex post facto Medicaid “planning”

By Helen W. Gunnarsson
November
2007
LawPulse
Page 570
May 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 Izatt
November
2007
Article
Page 586
The 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.

Correspondence from Our Readers

September
2007
Column
Page 450
Medicare and Medicaid; not the same thing.

New Grant Program for Children Raised by Grandparents

September
2007
Illinois Law Update
Page 460
Pursuant 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. 

New guidelines for valuation of supportive living facilities - PA 094-1086

July
2007
Illinois Law Update
Page 348
A new section, 35 ILCS 200/10-390, has been added to the Property Tax Code, providing guidelines for the valuation of supportive living facilities.

Medical assistance eligibility enlarged for some patients with breast or cervical cancer

April
2007
Illinois Law Update
Page 176
Effective January 28, 2007, the Illinois Department of Healthcare and Family Services has amended 89 Ill Adm Code 120. 

Public aid funeral expenses to be reevaluated annually PA094-0669

December
2005
Illinois Law Update
Page 622
In 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). 

Process for hospitals to receive Medicaid and Medicare payments amended

August
2005
Illinois Law Update
Page 390
The Illinois Department of Public Aid recently amended Part 148 of Title 89 of the Illinois Administrative Code, 89 Ill Adm Code 148.

Stepparent income not counted in Temporary Assistance for Needy Families program

August
2005
Illinois Law Update
Page 390
Part 112 of Title 89 was amended by the Illinois Department of Human Services (Department), effective May 18, 2005.

Transitional Food Stamp Program adopted

June
2005
Illinois Law Update
Page 280
The 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 093-1086

May
2005
Illinois Law Update
Page 232
In 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. 

Children granted health insurance coverage while applications for medical benefits are processed

December
2004
Illinois Law Update
Page 620
The Illinois Department of Public Aid recently adopted 89 Ill Adm Code 120.

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