(215 ILCS 132/10)
Sec. 10.
Definitions.
As used in this Act:
"Agency" means the Department of Healthcare and Family Services.
"Asset disregard" means, with respect to qualification for State Medicaid benefits, the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on the behalf of an individual who is a beneficiary under a qualified long‑term care insurance partnership policy.
"Department" means the Department of Financial and Professional Regulation.
"Medicaid" means the federal medical assistance program established under Title XIX of the Social Security Act.
"Qualified long‑term care insurance partnership policy" means a policy that meets all of the following requirements:
(1) it covers an insured who was a resident of
| Illinois when coverage first became effective under the policy; | |
(2) it is a qualified long‑term care insurance |
| policy as defined in Section 7702B(b) of the Internal Revenue Code of 1986 issued not earlier than the effective date of the State plan amendment; | |
(3) it meets the model regulations and requirements |
| of the National Association of Insurance Commissioners model specified in paragraph (5) of Title VI, Section 6021 of the federal Deficit Reduction Act of 2005, and the Director of the Division of Insurance of the Department certifies it as meeting these requirements; and | |
(4) if the policy is sold to an individual who:
(A) has not attained age 61 as of the date of |
| purchase, the policy provides compound annual inflation protection; | |
(B) has attained age 61 but has not attained age |
| 76 as of such date, the policy provides some level of inflation protection; or | |
(C) has attained age 76 as of such date, the |
| policy may, but is not required to, provide some level of inflation protection. | |
"State plan amendment" means a State Medicaid plan amendment made to the federal Department of Health and Human Services that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on the behalf of an individual who is a beneficiary under a qualified long‑term care insurance partnership policy.
(Source: P.A. 95‑200, eff. 8‑16‑07.) |
(215 ILCS 132/15)
Sec. 15.
Illinois Long‑term Care Partnership Program.
(a) In accordance with Title VI, Section 6021 of the federal Deficit Reduction Act of 2005, there shall be established the Illinois Long‑Term Care Partnership Program, to be administered by the Agency with the assistance of the Department to do the following:
(1) provide incentives for individuals to insure
| against the costs of providing for their long‑term care needs; | |
(2) provide a mechanism for individuals to qualify |
| for coverage of the cost of their long‑term care needs under Medicaid without first being required to substantially exhaust their resources; | |
(3) provide counseling services to individuals |
| planning for their long‑term care needs; and | |
(4) alleviate the financial burden on the State's |
| medical assistance program by encouraging the pursuit of private initiatives. | |
(b) The Agency shall:
(1) Within 180 days of the effective date of this |
| Act, or as soon thereafter as possible, make application to the federal Department of Health and Human Services for a State plan amendment to establish that, if an individual is a beneficiary of a long‑term care partnership program certified policy, the total assets an individual owns and may retain under Medicaid and still qualify for benefits under Medicaid at the time the individual applies for long‑term care benefits are increased by $1 for each $1 of benefit paid out under the individual's long‑term care partnership program certified insurance policy. | |
(2) Provide information and technical assistance to |
| the Department on the Department's role in assuring that any individual who sells a qualified long‑term care insurance partnership policy receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage of long‑term care. | |
(c) The Department may not impose any requirement affecting the terms or benefits of qualified long‑term care partnership policies unless the Department imposes the requirement on all long‑term care policies sold in Illinois without regard to whether the policy is covered under the partnership or is offered in connection with the partnership.
(d) The issuers of qualified long‑term care partnership policies in Illinois shall provide regular reports to the Secretary of the federal Department of Health and Human Services, in accordance with federal regulation. Issuers of qualified long‑term care partnership policies in Illinois shall provide appropriate reports to the Agency and to the Department as determined by those entities.
(Source: P.A. 95‑200, eff. 8‑16‑07.) |
(215 ILCS 132/10)
Sec. 10.
Definitions.
As used in this Act:
"Agency" means the Department of Healthcare and Family Services.
"Asset disregard" means, with respect to qualification for State Medicaid benefits, the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on the behalf of an individual who is a beneficiary under a qualified long‑term care insurance partnership policy.
"Department" means the Department of Financial and Professional Regulation.
"Medicaid" means the federal medical assistance program established under Title XIX of the Social Security Act.
"Qualified long‑term care insurance partnership policy" means a policy that meets all of the following requirements:
(1) it covers an insured who was a resident of
| Illinois when coverage first became effective under the policy; | |
(2) it is a qualified long‑term care insurance |
| policy as defined in Section 7702B(b) of the Internal Revenue Code of 1986 issued not earlier than the effective date of the State plan amendment; | |
(3) it meets the model regulations and requirements |
| of the National Association of Insurance Commissioners model specified in paragraph (5) of Title VI, Section 6021 of the federal Deficit Reduction Act of 2005, and the Director of the Division of Insurance of the Department certifies it as meeting these requirements; and | |
(4) if the policy is sold to an individual who:
(A) has not attained age 61 as of the date of |
| purchase, the policy provides compound annual inflation protection; | |
(B) has attained age 61 but has not attained age |
| 76 as of such date, the policy provides some level of inflation protection; or | |
(C) has attained age 76 as of such date, the |
| policy may, but is not required to, provide some level of inflation protection. | |
"State plan amendment" means a State Medicaid plan amendment made to the federal Department of Health and Human Services that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on the behalf of an individual who is a beneficiary under a qualified long‑term care insurance partnership policy.
(Source: P.A. 95‑200, eff. 8‑16‑07.) |
(215 ILCS 132/15)
Sec. 15.
Illinois Long‑term Care Partnership Program.
(a) In accordance with Title VI, Section 6021 of the federal Deficit Reduction Act of 2005, there shall be established the Illinois Long‑Term Care Partnership Program, to be administered by the Agency with the assistance of the Department to do the following:
(1) provide incentives for individuals to insure
| against the costs of providing for their long‑term care needs; | |
(2) provide a mechanism for individuals to qualify |
| for coverage of the cost of their long‑term care needs under Medicaid without first being required to substantially exhaust their resources; | |
(3) provide counseling services to individuals |
| planning for their long‑term care needs; and | |
(4) alleviate the financial burden on the State's |
| medical assistance program by encouraging the pursuit of private initiatives. | |
(b) The Agency shall:
(1) Within 180 days of the effective date of this |
| Act, or as soon thereafter as possible, make application to the federal Department of Health and Human Services for a State plan amendment to establish that, if an individual is a beneficiary of a long‑term care partnership program certified policy, the total assets an individual owns and may retain under Medicaid and still qualify for benefits under Medicaid at the time the individual applies for long‑term care benefits are increased by $1 for each $1 of benefit paid out under the individual's long‑term care partnership program certified insurance policy. | |
(2) Provide information and technical assistance to |
| the Department on the Department's role in assuring that any individual who sells a qualified long‑term care insurance partnership policy receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage of long‑term care. | |
(c) The Department may not impose any requirement affecting the terms or benefits of qualified long‑term care partnership policies unless the Department imposes the requirement on all long‑term care policies sold in Illinois without regard to whether the policy is covered under the partnership or is offered in connection with the partnership.
(d) The issuers of qualified long‑term care partnership policies in Illinois shall provide regular reports to the Secretary of the federal Department of Health and Human Services, in accordance with federal regulation. Issuers of qualified long‑term care partnership policies in Illinois shall provide appropriate reports to the Agency and to the Department as determined by those entities.
(Source: P.A. 95‑200, eff. 8‑16‑07.) |