093_HB3438

 
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 1        AN ACT concerning personal care attendants.

 2        Be it enacted by the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Disabled Persons Rehabilitation Act is
 5    amended by changing Section 3 as follows:

 6        (20 ILCS 2405/3) (from Ch. 23, par. 3434)
 7        Sec. 3.  Powers and duties. The Department shall have the
 8    powers and duties enumerated herein:
 9        (a)  To co-operate with the  federal  government  in  the
10    administration    of    the   provisions   of   the   federal
11    Rehabilitation Act of 1973,  as  amended,  of  the  Workforce
12    Investment  Act  of  1998, and of the federal Social Security
13    Act to the extent and in the manner provided in these Acts.
14        (b)  To  prescribe  and   supervise   such   courses   of
15    vocational training and provide such other services as may be
16    necessary  for the habilitation and rehabilitation of persons
17    with one or more disabilities, including  the  administrative
18    activities  under  subsection  (e)  of  this  Section, and to
19    co-operate with State and local school authorities and  other
20    recognized  agencies  engaged in habilitation, rehabilitation
21    and comprehensive rehabilitation services; and  to  cooperate
22    with the Department of Children and Family Services regarding
23    the   care  and  education  of  children  with  one  or  more
24    disabilities.
25        (c)  (Blank).
26        (d)  To report in writing, to the Governor,  annually  on
27    or  before the first day of December, and at such other times
28    and in such manner and upon such subjects as the Governor may
29    require.  The annual report shall contain (1) a statement  of
30    the   existing   condition  of  comprehensive  rehabilitation
31    services, habilitation and rehabilitation in the State; (2) a
 
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 1    statement of suggestions and recommendations  with  reference
 2    to  the development of comprehensive rehabilitation services,
 3    habilitation and rehabilitation in  the  State;  and  (3)  an
 4    itemized  statement  of  the  amounts  of money received from
 5    federal, State and other sources,  and  of  the  objects  and
 6    purposes  to  which  the  respective  items  of these several
 7    amounts have been devoted.
 8        (e)  (Blank).
 9        (f)  To  establish  a  program  of  services  to  prevent
10    unnecessary institutionalization of persons with  Alzheimer's
11    disease and related disorders or persons in need of long term
12    care  who  are established as blind or disabled as defined by
13    the Social Security Act, thereby enabling them to  remain  in
14    their own homes or other living arrangements. Such preventive
15    services  may  include, but are not limited to, any or all of
16    the following:
17             (1)  home health services;
18             (2)  home nursing services;
19             (3)  homemaker services;
20             (4)  chore and housekeeping services;
21             (5)  day care services;
22             (6)  home-delivered meals;
23             (7)  education in self-care;
24             (8)  personal care services;
25             (9)  adult day health services;
26             (10)  habilitation services;
27             (11)  respite care; or
28             (12)  other  nonmedical  social  services  that  may
29        enable the person to become self-supporting.
30        The Department shall establish eligibility standards  for
31    such  services  taking into consideration the unique economic
32    and social needs of the population for whom they  are  to  be
33    provided.   Such  eligibility  standards  may be based on the
34    recipient's ability to pay for services;  provided,  however,
 
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 1    that  any  portion  of  a person's income that is equal to or
 2    less  than  the  "protected  income"  level  shall   not   be
 3    considered by the Department in determining eligibility.  The
 4    "protected   income"   level   shall  be  determined  by  the
 5    Department, shall never be  less  than  the  federal  poverty
 6    standard,  and shall be adjusted each year to reflect changes
 7    in the Consumer  Price  Index  For  All  Urban  Consumers  as
 8    determined   by   the  United  States  Department  of  Labor.
 9    Additionally,  in  determining  the  amount  and  nature   of
10    services  for which a person may qualify, consideration shall
11    not be given to the value of cash, property or  other  assets
12    held in the name of the person's spouse pursuant to a written
13    agreement  dividing  marital property into equal but separate
14    shares or pursuant to a transfer of the person's interest  in
15    a home to his spouse, provided that the spouse's share of the
16    marital  property is not made available to the person seeking
17    such services.
18        The services shall be provided  to  eligible  persons  to
19    prevent unnecessary or premature institutionalization, to the
20    extent that the cost of the services, together with the other
21    personal  maintenance expenses of the persons, are reasonably
22    related to the standards established  for  care  in  a  group
23    facility    appropriate    to    their    condition.    These
24    non-institutional services, pilot  projects  or  experimental
25    facilities may be provided as part of or in addition to those
26    authorized by federal law or those funded and administered by
27    the Illinois Department on Aging.
28        Personal care attendants shall be paid:
29             (i)  A  $5  per  hour minimum rate beginning July 1,
30        1995.
31             (ii)  A $5.30 per hour minimum rate  beginning  July
32        1, 1997.
33             (iii)  A  $5.40 per hour minimum rate beginning July
34        1, 1998.
 
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 1             (iv)  A $6 per hour minimum rate beginning  July  1,
 2        2003.
 3             (v)  A $7 per hour minimum rate beginning January 1,
 4        2005.
 5             (vi)  An  $8 per hour minimum rate beginning July 1,
 6        2005.
 7        The Department shall execute,  relative  to  the  nursing
 8    home  prescreening  project, as authorized by Section 4.03 of
 9    the  Illinois  Act  on  the   Aging,   written   inter-agency
10    agreements with the Department on Aging and the Department of
11    Public  Aid,  to effect the following:  (i) intake procedures
12    and common eligibility criteria for  those  persons  who  are
13    receiving    non-institutional   services;   and   (ii)   the
14    establishment and development of  non-institutional  services
15    in  areas of the State where they are not currently available
16    or are undeveloped.  On and after July 1, 1996,  all  nursing
17    home prescreenings for individuals 18 through 59 years of age
18    shall be conducted by the Department.
19        The  Department  is  authorized  to establish a system of
20    recipient  cost-sharing  for  services  provided  under  this
21    Section.   The  cost-sharing  shall   be   based   upon   the
22    recipient's ability to pay for services, but in no case shall
23    the  recipient's share exceed the actual cost of the services
24    provided.  Protected income shall not be  considered  by  the
25    Department in its determination of the recipient's ability to
26    pay   a  share  of  the  cost  of  services.   The  level  of
27    cost-sharing shall be adjusted each year to  reflect  changes
28    in the "protected income" level.  The Department shall deduct
29    from  the recipient's share of the cost of services any money
30    expended by the recipient for disability-related expenses.
31        The   Department,   or   the   Department's    authorized
32    representative,  shall  recover the amount of moneys expended
33    for services provided to or in behalf of a person under  this
34    Section by a claim against the person's estate or against the
 
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 1    estate  of the person's surviving spouse, but no recovery may
 2    be had until after the death of the surviving spouse, if any,
 3    and then only at such time when there is no  surviving  child
 4    who  is  under  age  21,  blind,  or  permanently and totally
 5    disabled.  This paragraph, however, shall not  bar  recovery,
 6    at  the  death of the person, of moneys for services provided
 7    to the person or in behalf of the person under  this  Section
 8    to  which  the  person  was  not entitled; provided that such
 9    recovery shall not be enforced against any real estate  while
10    it  is  occupied  as  a  homestead by the surviving spouse or
11    other dependent, if no claims by other  creditors  have  been
12    filed against the estate, or, if such claims have been filed,
13    they  remain dormant for failure of prosecution or failure of
14    the claimant to compel administration of the estate  for  the
15    purpose  of  payment.   This paragraph shall not bar recovery
16    from the estate of a spouse, under Sections 1915 and 1924  of
17    the  Social  Security  Act  and  Section  5-4 of the Illinois
18    Public Aid Code, who precedes  a  person  receiving  services
19    under this Section in death.  All moneys for services paid to
20    or  in  behalf  of  the  person  under  this Section shall be
21    claimed for  recovery  from  the  deceased  spouse's  estate.
22    "Homestead",  as  used  in this paragraph, means the dwelling
23    house and contiguous real  estate  occupied  by  a  surviving
24    spouse  or  relative, as defined by the rules and regulations
25    of the Illinois Department of Public Aid, regardless  of  the
26    value of the property.
27        The   Department   and  the  Department  on  Aging  shall
28    cooperate in the development  and  submission  of  an  annual
29    report  on programs and services provided under this Section.
30    Such joint report shall be filed with the  Governor  and  the
31    General Assembly on or before March 30 each year.
32        The  requirement  for  reporting  to the General Assembly
33    shall be satisfied by filing copies of the  report  with  the
34    Speaker,  the  Minority  Leader and the Clerk of the House of
 
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 1    Representatives and the President, the  Minority  Leader  and
 2    the  Secretary  of  the  Senate  and the Legislative Research
 3    Unit, as required by Section  3.1  of  the  General  Assembly
 4    Organization Act, and filing additional copies with the State
 5    Government   Report   Distribution  Center  for  the  General
 6    Assembly as required under paragraph (t) of Section 7 of  the
 7    State Library Act.
 8        (g)  To  establish such subdivisions of the Department as
 9    shall be desirable and assign to the various subdivisions the
10    responsibilities and duties placed  upon  the  Department  by
11    law.
12        (h)  To cooperate and enter into any necessary agreements
13    with  the Department of Employment Security for the provision
14    of job placement and job referral services to clients of  the
15    Department,   including  job  service  registration  of  such
16    clients with Illinois Employment Security offices and  making
17    job  listings  maintained  by  the  Department  of Employment
18    Security available to such clients.
19        (i)  To possess all powers reasonable and  necessary  for
20    the  exercise  and  administration  of the powers, duties and
21    responsibilities of the Department which are provided for  by
22    law.
23        (j)  To  establish  a  procedure whereby new providers of
24    personal care attendant services shall submit vouchers to the
25    State for payment two  times  during  their  first  month  of
26    employment  and  one  time  per month thereafter.  In no case
27    shall the Department pay personal care attendants  an  hourly
28    wage that is less than the federal minimum wage.
29        (k)  To provide adequate notice to providers of chore and
30    housekeeping  services  informing them that they are entitled
31    to an interest payment on bills which are not  promptly  paid
32    pursuant to Section 3 of the State Prompt Payment Act.
33        (l)  To  establish,  operate  and  maintain  a  Statewide
34    Housing Clearinghouse of information on available, government
 
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 1    subsidized   housing   accessible  to  disabled  persons  and
 2    available privately  owned  housing  accessible  to  disabled
 3    persons.  The information shall include but not be limited to
 4    the   location,  rental  requirements,  access  features  and
 5    proximity to public transportation of available housing.  The
 6    Clearinghouse  shall  consist  of  at  least  a  computerized
 7    database for the storage and retrieval of information  and  a
 8    separate  or  shared  toll  free  telephone number for use by
 9    those seeking information from the Clearinghouse.  Department
10    offices and personnel throughout the State shall also  assist
11    in  the  operation  of  the  Statewide Housing Clearinghouse.
12    Cooperation with local, State and  federal  housing  managers
13    shall  be  sought  and  extended  in  order to frequently and
14    promptly update the Clearinghouse's information.
15        (m)  To assure that the names and case records of persons
16    who received or are receiving services from  the  Department,
17    including  persons  receiving vocational rehabilitation, home
18    services, or other services, and those attending one  of  the
19    Department's  schools  or  other supervised facility shall be
20    confidential and not be open to the  general  public.   Those
21    case  records  and  reports  or  the information contained in
22    those records and reports shall be disclosed by the  Director
23    only   to   proper  law  enforcement  officials,  individuals
24    authorized by a court, the General Assembly or any  committee
25    or  commission of the General Assembly, and other persons and
26    for reasons as the Director designates by rule.    Disclosure
27    by  the  Director  may  be  only  in  accordance  with  other
28    applicable law.
29    (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.)

30        Section  99.  Effective date.  This Act takes effect July
31    1, 2003.