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 Bill Status of HB3376  100th General Assembly


Short Description:  DHS-HOME CARE CONSUMER RIGHTS

House Sponsors
Rep. Lou Lang - Carol Ammons, Katie Stuart, Al Riley, Deb Conroy, Kelly M. Cassidy, John C. D'Amico, Thaddeus Jones, Robert Martwick, Laura Fine, Martin J. Moylan, Lawrence Walsh, Jr., Will Guzzardi, Gregory Harris, Robyn Gabel, Silvana Tabares, Litesa E. Wallace, Jehan Gordon-Booth, Michael Halpin, Anthony DeLuca, LaToya Greenwood and André Thapedi

Senate Sponsors
(Sen. Andy Manar - Pat McGuire - Jacqueline Y. Collins, Omar Aquino, Michael E. Hastings and Thomas Cullerton)

Last Action
DateChamber Action
  10/12/2017HousePlaced on Calendar Total Veto

Statutes Amended In Order of Appearance
20 ILCS 2405/3from Ch. 23, par. 3434


Synopsis As Introduced
Amends the Rehabilitation of Persons with Disabilities Act. Provides that a home care consumer in the Department of Human Services' Home Services Program has the right and discretion to: (i) select and hire a personal assistant or other individual provider of his or her choice; and (ii) determine the number of hours worked weekly by his or her personal assistant or other individual provider. Provides that, subject to the Department's authority to approve the total monthly hours in a home care consumer's service plan, the State of Illinois and any of its departments, including the Department, shall not limit the number of weekly hours worked by personal assistants or other individual providers in the Department's Home Services Program. Provides that the provisions do not limit the Department's authority in any other statute to disqualify an individual from providing services in the Department's Home Services Program for reasons other than the number of weekly hours worked by the individual.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Rehabilitation of Persons with Disabilities Act. Provides that a home care consumer in the Department of Human Services' Home Services Program has the right and discretion to: (1) select and hire a personal assistant or other individual provider of his or her choice; and (2) determine the number of hours per week his or her personal assistant or other individual provider may work. Provides that, subject to the Department's authority to approve the total monthly hours in a home care consumer's service plan, the State of Illinois and any of its departments, including the Department, shall not impose any limit on the number of hours per week a personal assistant or other individual provider may work unless the following conditions are satisfied: (A) as an exception to any limit imposed by the Department, a personal assistant or other individual provider may work and be paid for all hours worked up to at least 66 hours per week if, subject to verification by the Department, the personal assistant or other individual provider works for a home care consumer who: (i) receives services under a court-ordered service plan; (ii) has a Determination of Need score of 70 or above (or the equivalent under any new assessment tool); or (iii) has an exceptional care rate; (B) the Department shall establish an exceptions and appeals process that permits a home care consumer to request an exception to any limit imposed by the Department up to a maximum of no less than 66 hours per week; and (C) if the home care consumer would face a serious risk of institutionalization, the Department shall work with the home care consumer to ensure that appropriate care in the community will be provided, whether through authorized overtime or another solution. Provides that nothing shall limit the Department's authority under any other statute to disqualify an individual from providing services in the Department's Home Services Program for reasons other than the number of weekly hours worked by the individual.

 Fiscal Note, House Committee Amendment No. 1 (Dept. of Human Services)
 This proposal would limit the State's ability to manage and control costs related to the Home Services Program. Based on the most current data, the estimated cost for hours worked beyond 40 hour/week would be $15-16M. This does not include any assumptions for possible changes in PA behavior.

Actions 
DateChamber Action
  2/9/2017HouseFiled with the Clerk by Rep. Lou Lang
  2/10/2017HouseFirst Reading
  2/10/2017HouseReferred to Rules Committee
  2/22/2017HouseAssigned to Human Services Committee
  3/8/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Lou Lang
  3/8/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/9/2017HouseHouse Committee Amendment No. 1 Rules Refers to Human Services Committee
  3/23/2017HouseAdded Co-Sponsor Rep. Katie Stuart
  3/28/2017HouseAdded Co-Sponsor Rep. Al Riley
  3/28/2017HouseAdded Co-Sponsor Rep. Deb Conroy
  3/28/2017HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/28/2017HouseAdded Co-Sponsor Rep. John C. D'Amico
  3/28/2017HouseAdded Co-Sponsor Rep. Thaddeus Jones
  3/28/2017HouseAdded Co-Sponsor Rep. Robert Martwick
  3/28/2017HouseAdded Co-Sponsor Rep. Laura Fine
  3/28/2017HouseAdded Co-Sponsor Rep. Martin J. Moylan
  3/28/2017HouseAdded Co-Sponsor Rep. Lawrence Walsh, Jr.
  3/28/2017HouseAdded Co-Sponsor Rep. Will Guzzardi
  3/29/2017HouseHouse Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/29/2017HouseDo Pass as Amended / Short Debate Human Services Committee; 007-004-000
  3/29/2017HousePlaced on Calendar 2nd Reading - Short Debate
  4/3/2017HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Tom Demmer
  4/3/2017HouseAdded Co-Sponsor Rep. Gregory Harris
  4/14/2017HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/26/2017HouseAdded Co-Sponsor Rep. Robyn Gabel
  4/26/2017HouseSecond Reading - Short Debate
  4/26/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  4/28/2017HouseRule 19(a) / Re-referred to Rules Committee
  5/22/2017HouseApproved for Consideration Rules Committee; 005-000-000
  5/22/2017HouseFinal Action Deadline Extended-9(b) May 26, 2017
  5/22/2017HousePlaced on Calendar 2nd Reading - Short Debate
  5/23/2017HouseAdded Co-Sponsor Rep. Silvana Tabares
  5/25/2017HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  5/25/2017HouseAdded Co-Sponsor Rep. Jehan Gordon-Booth
  5/25/2017HouseAdded Co-Sponsor Rep. Michael Halpin
  5/25/2017HouseAdded Co-Sponsor Rep. Anthony DeLuca
  5/25/2017HouseAdded Co-Sponsor Rep. LaToya Greenwood
  5/25/2017HouseAdded Co-Sponsor Rep. Carol Ammons
  5/25/2017HouseAdded Co-Sponsor Rep. André Thapedi
  5/25/2017HouseSecond Reading - Short Debate
  5/25/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/25/2017HouseThird Reading - Short Debate - Passed 064-049-000
  5/25/2017HouseAdded Chief Co-Sponsor Rep. Carol Ammons
  5/25/2017HouseRemoved Co-Sponsor Rep. Carol Ammons
  5/25/2017SenateArrive in Senate
  5/25/2017SenatePlaced on Calendar Order of First Reading
  5/25/2017SenateChief Senate Sponsor Sen. Andy Manar
  5/25/2017SenateFirst Reading
  5/25/2017SenateReferred to Assignments
  5/26/2017SenateAssigned to State Government
  5/26/2017SenateRule 2-10 Committee Deadline Established As May 31, 2017
  5/26/2017SenateWaive Posting Notice
  5/29/2017SenateDo Pass State Government; 005-003-000
  5/29/2017SenatePlaced on Calendar Order of 2nd Reading
  5/29/2017SenateSecond Reading
  5/29/2017SenatePlaced on Calendar Order of 3rd Reading May 30, 2017
  5/29/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Pat McGuire
  5/30/2017SenateAdded as Alternate Co-Sponsor Sen. Omar Aquino
  5/31/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/31/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/31/2017SenateThird Reading - Passed; 035-022-000
  5/31/2017HousePassed Both Houses
  5/31/2017SenateAdded as Alternate Co-Sponsor Sen. Michael E. Hastings
  5/31/2017SenateAdded as Alternate Co-Sponsor Sen. Thomas Cullerton
  6/20/2017HouseSent to the Governor
  8/18/2017HouseGovernor Vetoed
  10/12/2017HousePlaced on Calendar Total Veto

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