ILCS » Chapter 305 · Act 5
Illinois Compiled Statutes

305 ILCS 5/5-2.07 (2026)

Use of Medicaid spend-down

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(305 ILCS 5/5-2.07)
    Sec. 5-2.07. Use of Medicaid spend-down. No later than July 1, 2007, subject to federal approval of a State Medicaid Plan amendment, which shall be sought by the Department of Healthcare and Family Services or its successor agency, persons described in item 2(a) of Section 5-2, who fail to qualify for basic maintenance under Article III of this Code on the basis of need because of excess income or assets, or both, may establish eligibility for medical assistance by paying the amount of their monthly spend-down under this Article (as described in 42 CFR 435.831) to the Department of Healthcare and Family Services or its successor agency or by having a third party pay that amount to the Department on their behalf. A person who uses Medicaid spend-down to qualify for medical assistance shall be provided up to 6 consecutive months to submit and have medical receipts and bills processed by the Department as evidence of payment of the person's monthly spend-down amount before becoming ineligible for medical assistance under this Section.
(Source: P.A. 102-74, eff. 7-9-21.)

    
Notes of Decisions
Cited in 2 cases, 2011–2011 · leading case: Frerichs v. State of Illinois, 2011 IL App (4th) 101046.
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Frerichs v. State of Illinois, 2011 IL App (4th) 101046. “See 305 ILCS 5/5-2.07 (West 2008). Though equally essential to the operation of the medical-assistance program, the spend-down provisions are wholly separate from those defining eligibility penalties for nonallowable transfers.”
Frerichs v. State, 960 N.E.2d 603 (Ill. App. Ct. 4th Dist. 2011). “See 305 ILCS 5/5-2.07 (West 2008). Though equally essential to the operation of the medical-assistance program, the spend-down provisions are wholly separate from those defining eligibility penalties for nonallowable transfers.”
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