NOTE: These updates are current through 2005.
The 2006 edition will replace the first edition.
A Gestational Surrogacy Contract is an agreement, usually between a married couple (the intended parents) and a woman (the gestational or Surrogate mother) in which the woman agrees to be the birth mother of a child conceived with the sperm of the husband, or the egg cell of the wife, or the embryo of the intended parents. This means the husband or wife is the biological parent of the child.
As of January 1, 2005, the Illinois GESTATIONAL SURROGACY ACT (Chapter 750, Act 47) went into effect. Under current Illinois law, a Gestational Surrogacy Contract is enforceable provided the contract is drafted according to Illinois law. The law requires the Surrogate parent(s) and the intended parent to be represented by their own independent attorney who will explain the law and the consequences of entering into a Surrogacy Contract. The parties can agree to compensate the Surrogate parent above the amount needed for medical expenses, however the funds must be placed in escrow prior to the procedure taking place.
Provided all of the conditions of Illinois law are met, immediately upon birth, the intended parent(s) becomes the legal parent of the child with full duty to support the child. The Surrogate parent(s) have no rights or any responsibility to raise the child.
CHAPTER 9: The
2007 Medicare value for a stay in a skilled nursing facility for
days 21 through 100 is $124 per day.
In 2008, those on the original Medicare plan will pay:
$128 per day for days 21-100 in a skilled nursing facility for each
benefit period. This is $4 higher than the 2007 value.
CHAPTER 10: MEDICAID UPDATE - Effective 1/1/06
The federal and state governments have increased the
Community Spousal Resource Allowance to a maximum of $99,540 and a
minimum of $19,908. They increased the Minimum Monthly
Maintenance Needs Allowance to $2,488.50.
The average cost of nursing care used by the state of New
Jersey in 2006 is $6.525. This is the value used as a divisor to
compute the Penalty Period for an uncompensated transfer.
CHANGES MADE BY
CONGRESS IN 2006
Congress passed the following changes to the Medicaid law:
FIVE YEAR LOOK BACK
The Look-back period is extended from three years
to five years.
PENALTY
PERIOD STARTS WHEN YOU APPLY
Under the prior Medicaid law the Penalty Period
started from the day the transfer was made. Under the new law the
Penalty Period begins on the day the Applicant applies for Medicaid,
meaning that the Penalty clock doesn’t start ticking till the
Applicant actually applies. For example, if a person makes an
uncompensated transfer during the five year period before he applies
for Medicaid, the Penalty Period will begin as of the day he applies
for Medicaid.
HOMESTEAD WITH EQUITY OF $500,000 OR MORE
If the equity in the Applicant’s home (current
market value less mortgages and liens) is equal to $500,000 or more,
he will not be eligible to receive Medicaid benefits. States are
given the option of increasing this value to $750,000 or more.
These changes need to be adopted by the states,
so it may take several months before these laws are put into effect.
Check with an Elder Law attorney to determine the status of the
Medicaid law in Illinois.
