Determination of Assets Exemptions

Under Section 10 of the Hospital Uninsured Patient Discount Act, certain personal property is exempt from the determination of assets owned by an eligible uninsured patient, related to the maximum collectible amount in a 12-month period (25% of annual income.) Those assets are listed in the Code of Civil Procedure, 735 ILCS 5/12-1001. They include the following:

• Necessary apparel, bible, school books and family pictures of the patient and the patient’s dependents;
• Patient’s equity interest, not to exceed $4,000 in value, in any other property;
• Patient’s interest, not to exceed $2,400 in value, in any one motor vehicle;
• Patient’s equity interest, not to exceed $1,500 in value, in any implements, professional books, or tools of the trade of the debtor;
• Professionally prescribed health aids for the patient or the patient’s dependent;
• All proceeds payable because of the death of the insured and the aggregate net cash value of any or all life insurance and endowment policies and annuity contracts payable to a wife or husband of the patient, or to a child, parent or other person dependent upon the patient, whether the power to change the beneficiary is reserved to the patient or not and whether the patient or the patient’s estate is a contingent beneficiary or not;
• Patient’s right to receive:
  • Social security benefit, unemployment compensation or public assistance benefit;
  • Veteran’s benefit;
  • Disability, illness or unemployment benefit; and
  • Alimony, support or separate maintenance, to the extent reasonably necessary for the support of the patient and any dependent of the patient;
• Patient’s right to receive or property that is traceable to:
  • Award under a crime victim’s reparation law;
  • Payment on account of the wrongful death of an individual of whom the patient was a dependent, to the extent reasonably necessary for the support of the patient;
  • Payment under a life insurance contract that insured the life of an individual of whom the patient was a dependent, to the extent reasonably necessary for the support of the patient or a dependent of the patient;
  • Payment, not to exceed $15,000 in value, on account of personal bodily injury of the patient or an individual of whom the patient was a dependent; and
  • Any restitution payments made to persons pursuant to the federal Civil Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act.
• Patient’s right to receive an award under Part 20 of Article II of this Code relating to crime victims’ awards.
• ​Moneys held in an account invested in the Illinois College Savings Pool of which the patient is a participant or donor, except the following non-exempt contributions:
  • Any contribution to such account by the patient as participant or donor that is made with the actual intent to hinder, delay or defraud any creditor of the patient;
  • Any contributions to such account by the patient as participant during the 365-day period prior to the date of filing of the patient’s petition for bankruptcy that, in the aggregate during such period, exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue code of 1986, as amended, in effect at the time of contribution; and
  • Any contributions to such account by the patient as participant during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the patient’s petition for bankruptcy that, in the aggregate during such period, exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue code of 1986, as amended, in effect at the time of contribution.