Legislative Topics of Interest to Members

Monday, October 12, 2020 8:22 AM | Nina Vidmer (Administrator)

Here are some of the topics under consideration and review:

  1. There have been a number of “Provider Notices” that can be found on the HFS website that raise a host of questions. For example, on  February 27, 2020 there was a provider notice that issued as a result of the pandemic and  it appears as though while there is some leniency, the state of Illinois could come back and begin to examine penalty periods that were previously ignored. This can be troublesome for many of our clients
  2. We are also concerned about a Provider Notice that was issued on October 16, 2019 dealing with admission guidelines that indicate that long-term care providers are to be  reminded that effective January 1, 2018 all admission transactions must be submitted electronically within 45 days of the date of admission.  We are concerned that long-term care facilities may not be aware of this provision and while all of us work diligently to get our clients eligible under the Medicaid rules, if the medical provider does not submit the so-called admit pack timely, payment by the state for Medicaid eligible clients may not begin timely.
  3. There is a new form of communication apparently that IDHS has issued under the subcategory  “News” that is referred to as a “Medical Morsel” . For example on July 9, 2020 there was a Medical Morsel regarding eligibility for backdated months that indicated that, if not already in place, an applicant may use available resources to purchase an exempt prepaid funeral or burial contract at any point after submitting an application for medical assistance up until a final determination of eligibility on the application has been made by the department. We wanted to make you aware that, while these so-called Medical Morsels may not have the force and effect of law,  they exist. Here is the link to the July 9, 2020 “Medical Morsel” https://www.dhs.state.il.us/page.aspx?item=125486 found at the Illinois Department of Human Services website under the  subcategory of “News”.
  4. Also, as discussed at the quarterly general membership meeting,  the legislative committee is continuing to track the following legislation and/or topical areas:
    1. Senate Bill 221 dealing with the Illinois Trust Code
    2. Senate Bill 3150 dealing with transfer on death instruments  (TODIs)
    3. Senate Bill 3852 dealing with mandatory reporting by attorneys in elder abuse cases
    4. House Bill 5150 a dealing with funeral pre-payments in a Medicaid context
    5. Home and community-based waivers
    6. Senate Bill 3698 which is a notary /docu-sign type bill
    7. House Bill 4611 which amends provisions related to ABLE accounts.
    8. House Bill 4842 which offers the new concept called Supportive Decision-Making in a guardianship context
    9. Federal bill HR 6364 dealing with electronic notarization for matters that cross state lines

The Legislative Committee will continue to keep you informed of legislative activity as we enter fall veto session.  We do not expect a great deal of activity until Spring 2021.

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The National Academy of Elder Law Attorneys, Inc. (NAELA) was founded in 1987 as a professional association of attorneys who are dedicated to improving the quality of legal services provided to people as they age and people with special needs.
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