This Manual Release introduces changes in community AABD and long term care policy resulting from the federal Deficit Reduction Act of 2005, the Illinois SMART Act (PA 097-0689) and other changes to conform with federal and state regulations. These changes apply to new applications and redeterminations. Major changes include:
- Change in how resources necessary for self-support are considered;
- Change in exemption for funeral/burial contracts;
- Reduction of the Community Spouse Resource Allowance (CSRA) and Community Spouse Maintenance Needs Allowance (CSMNA) limits;
- Change in cooperation requirements for determining financial eligibility;
- Enhancement of the Department's ability to pursue and establish support orders;
- Expanded role for Long Term Care - Asset Discovery Investigation (LTC-ADI);
- The "lookback period" for determining the allowability of transfers of resources and income is changed to 60 months for all transfers occurring on or after 01/01/07;
- Introduction of a two-step financial eligibility process;
- Change in the time allowed for the transfer of resources to the community spouse;
- All resources in excess of the CSRA are now considered available to the spouse receiving long term care;
- Implementation of "income first" rule when the community spouse appeals for an increase in the CSRA;
- Changes in the method of calculating the penalty period for non-allowable transfers;
- Establishment of a hardship waiver process;
- Home equity value in excess of $525,000 makes a person ineligible for long term care services, with certain exceptions.
"Long term care" and "LTC" are now used as all-inclusive terms for Nursing Home (NH) cases, Supportive Living Facility (SLF) cases, and Department on Aging Home and Community Based Services (HCBS) waiver cases.