Illinois General Assembly - Full Text of HB2967
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Full Text of HB2967  93rd General Assembly

HB2967 93rd General Assembly


093_HB2967

 
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 1        AN ACT in relation to aging.

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

 4        Section 5.  The Illinois Act on the Aging is  amended  by
 5    changing Section 4.02 as follows:

 6        (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
 7        Sec.  4.02.  The  Department shall establish a program of
 8    services  to  prevent  unnecessary  institutionalization   of
 9    persons age 60 and older in need of long term care or who are
10    established as persons who suffer from Alzheimer's disease or
11    a  related  disorder under the Alzheimer's Disease Assistance
12    Act, thereby enabling them to remain in their own homes or in
13    other living arrangements.  Such preventive  services,  which
14    may  be  coordinated  with  other  programs  for the aged and
15    monitored by area agencies on aging in cooperation  with  the
16    Department,  may  include, but are not limited to, any or all
17    of the following:
18             (a)  home health services;
19             (b)  home nursing services;
20             (c)  homemaker services;
21             (d)  chore and housekeeping services;
22             (e)  day care services;
23             (f)  home-delivered meals;
24             (g)  education in self-care;
25             (h)  personal care services;
26             (i)  adult day health services;
27             (j)  habilitation services;
28             (k)  respite care;
29             (l)  other  nonmedical  social  services  that   may
30        enable the person to become self-supporting; or
31             (m)  clearinghouse   for   information  provided  by
 
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 1        senior citizen home owners who want to rent rooms  to  or
 2        share living space with other senior citizens.
 3        The  Department shall establish eligibility standards for
 4    such services taking into consideration the  unique  economic
 5    and  social  needs of the target population for whom they are
 6    to be provided.  Such eligibility standards shall be based on
 7    the  recipient's  ability  to  pay  for  services;  provided,
 8    however,  that  in  determining  the  amount  and  nature  of
 9    services for which a person may qualify, consideration  shall
10    not  be  given to the value of cash, property or other assets
11    held in the name of the person's spouse pursuant to a written
12    agreement dividing marital property into equal  but  separate
13    shares  or pursuant to a transfer of the person's interest in
14    a home to his spouse, provided that the spouse's share of the
15    marital property is not made available to the person  seeking
16    such services.
17        Beginning July 1, 2002, the Department shall require as a
18    condition  of  eligibility that all applicants and recipients
19    apply for medical assistance under Article V of the  Illinois
20    Public  Aid  Code in accordance with rules promulgated by the
21    Department.
22        The Department shall, in conjunction with the  Department
23    of  Public  Aid,  seek  appropriate amendments under Sections
24    1915 and 1924 of the Social Security Act.  The purpose of the
25    amendments shall  be  to  extend  eligibility  for  home  and
26    community  based services under Sections 1915 and 1924 of the
27    Social Security Act to persons who transfer  to  or  for  the
28    benefit  of  a  spouse  those amounts of income and resources
29    allowed under  Section  1924  of  the  Social  Security  Act.
30    Subject  to  the  approval of such amendments, the Department
31    shall extend the provisions of Section 5-4  of  the  Illinois
32    Public Aid Code to persons who, but for the provision of home
33    or  community-based services, would require the level of care
34    provided in an institution, as is  provided  for  in  federal
 
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 1    law.   Those  persons  no  longer  found  to  be eligible for
 2    receiving noninstitutional services due  to  changes  in  the
 3    eligibility  criteria  shall be given 60 days notice prior to
 4    actual  termination.   Those  persons  receiving  notice   of
 5    termination  may  contact  the  Department  and  request  the
 6    determination  be  appealed  at  any  time  during the 60 day
 7    notice period.  With the exception of the  lengthened  notice
 8    and  time  frame  for  the appeal request, the appeal process
 9    shall follow the normal procedure.  In addition, each  person
10    affected  regardless  of  the  circumstances for discontinued
11    eligibility shall be given  notice  and  the  opportunity  to
12    purchase  the  necessary  services through the Community Care
13    Program.  If  the  individual  does  not  elect  to  purchase
14    services,  the  Department  shall  advise  the  individual of
15    alternative services.  The target population  identified  for
16    the  purposes  of  this  Section are persons age 60 and older
17    with an identified service need.  Priority shall be given  to
18    those  who are at imminent risk of institutionalization.  The
19    services shall be provided to eligible  persons  age  60  and
20    older  to  the  extent that the cost of the services together
21    with the other personal maintenance expenses of  the  persons
22    are  reasonably related to the standards established for care
23    in a group facility appropriate to  the  person's  condition.
24    These   non-institutional   services,   pilot   projects   or
25    experimental  facilities  may  be  provided  as part of or in
26    addition to those authorized by federal law or  those  funded
27    and  administered  by  the Department of Human Services.  The
28    Departments of Human Services,  Public  Aid,  Public  Health,
29    Veterans'  Affairs,  and  Commerce  and Community Affairs and
30    other  appropriate  agencies  of  State,  federal  and  local
31    governments shall cooperate with the Department on  Aging  in
32    the  establishment  and  development of the non-institutional
33    services.  The Department shall require an annual audit  from
34    all chore/housekeeping and homemaker vendors contracting with
 
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 1    the  Department  under  this Section.  The annual audit shall
 2    assure  that  each  audited  vendor's   procedures   are   in
 3    compliance  with  Department's financial reporting guidelines
 4    requiring a 27% administrative cost split and a 73%  employee
 5    wages  and benefits cost split.  The audit is a public record
 6    under the Freedom of Information Act.   The  requirements  of
 7    this  paragraph  are subject to an increase in the rates paid
 8    to chore/housekeeping and homemaker vendors contracting  with
 9    the  Department  under this Section.  Each vendor must pay an
10    amount into an  appropriate  multi-vendor  health  care  fund
11    jointly  administered  by vendors and individuals who perform
12    the chore/housekeeping and homemaker  services.   The  amount
13    must  equal  $1.40  for  each  hour of chore/housekeeping and
14    homemaker  services  performed  pursuant  to   the   vendor's
15    contract with the Department under this Section.  The vendors
16    must  use  the  moneys  in  the fund to provide comprehensive
17    health care coverage for  all  individuals  employed  by  the
18    vendor  or  under  contract  with the vendor who perform more
19    than 80 hours of chore/housekeeping or homemaker services per
20    month.  That comprehensive health care coverage  must  be  at
21    least  equal  to  the  program of medical assistance provided
22    under Article V of the Illinois Public Aid Code.  If such  an
23    individual  has  a  spouse or dependents, or both, the health
24    care coverage must also be extended to the  spouse  and  each
25    such dependent.   If a vendor fails to pay an amount into the
26    fund  as  required  under this paragraph, the vendor must pay
27    that amount to the Department.   The  annual  audit  required
28    under  this Section shall ensure that vendors comply with the
29    requirements  of  this  paragraph.    The  Department   shall
30    execute,  relative  to the nursing home prescreening project,
31    written inter-agency agreements with the Department of  Human
32    Services  and  the  Department  of  Public Aid, to effect the
33    following:  (1)  intake  procedures  and  common  eligibility
34    criteria    for    those    persons    who    are   receiving
 
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 1    non-institutional services; and  (2)  the  establishment  and
 2    development  of  non-institutional  services  in areas of the
 3    State  where  they  are  not  currently  available   or   are
 4    undeveloped.   On  and  after  July 1, 1996, all nursing home
 5    prescreenings for individuals 60 years of age or older  shall
 6    be conducted by the Department.
 7        The  Department  is  authorized  to establish a system of
 8    recipient copayment for services provided under this Section,
 9    such copayment to be based upon the  recipient's  ability  to
10    pay  but in no case to exceed the actual cost of the services
11    provided. Additionally, any  portion  of  a  person's  income
12    which  is  equal to or less than the federal poverty standard
13    shall not be considered by the Department in determining  the
14    copayment.   The  level  of  such copayment shall be adjusted
15    whenever necessary to reflect any change  in  the  officially
16    designated federal poverty standard.
17        The    Department,   or   the   Department's   authorized
18    representative, shall recover the amount of  moneys  expended
19    for  services provided to or in behalf of a person under this
20    Section by a claim against the person's estate or against the
21    estate of the person's surviving spouse, but no recovery  may
22    be had until after the death of the surviving spouse, if any,
23    and  then  only at such time when there is no surviving child
24    who is under  age  21,  blind,  or  permanently  and  totally
25    disabled.   This  paragraph, however, shall not bar recovery,
26    at the death of the person, of moneys for  services  provided
27    to  the  person or in behalf of the person under this Section
28    to which the person was  not  entitled;  provided  that  such
29    recovery  shall not be enforced against any real estate while
30    it is occupied as a homestead  by  the  surviving  spouse  or
31    other  dependent,  if  no claims by other creditors have been
32    filed against the estate, or, if such claims have been filed,
33    they remain dormant for failure of prosecution or failure  of
34    the  claimant  to compel administration of the estate for the
 
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 1    purpose of payment.  This paragraph shall  not  bar  recovery
 2    from  the estate of a spouse, under Sections 1915 and 1924 of
 3    the Social Security Act  and  Section  5-4  of  the  Illinois
 4    Public  Aid  Code,  who  precedes a person receiving services
 5    under this Section in death.  All moneys for services paid to
 6    or in behalf of  the  person  under  this  Section  shall  be
 7    claimed  for  recovery  from  the  deceased  spouse's estate.
 8    "Homestead", as used in this paragraph,  means  the  dwelling
 9    house  and  contiguous  real  estate  occupied by a surviving
10    spouse or relative, as defined by the rules  and  regulations
11    of  the  Illinois Department of Public Aid, regardless of the
12    value of the property.
13        The  Department  shall  develop  procedures  to   enhance
14    availability  of  services  on  evenings, weekends, and on an
15    emergency basis to meet  the  respite  needs  of  caregivers.
16    Procedures  shall  be  developed to permit the utilization of
17    services in successive blocks of 24 hours up to  the  monthly
18    maximum  established  by  the Department.   Workers providing
19    these services shall be appropriately trained.
20        Beginning on the effective date of this Amendatory Act of
21    1991, no person may perform chore/housekeeping and  homemaker
22    services  under  a  program authorized by this Section unless
23    that person has been issued a certificate of  pre-service  to
24    do  so  by his or her employing agency.  Information gathered
25    to effect such certification shall include (i)  the  person's
26    name,  (ii)  the  date  the  person  was  hired by his or her
27    current employer, and (iii) the training, including dates and
28    levels.  Persons engaged in the program  authorized  by  this
29    Section  before  the effective date of this amendatory Act of
30    1991 shall be issued a certificate of all pre- and in-service
31    training  from  his  or  her  employer  upon  submitting  the
32    necessary  information.   The  employing  agency   shall   be
33    required  to  retain records of all staff pre- and in-service
34    training, and shall provide such records  to  the  Department
 
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 1    upon  request and upon termination of the employer's contract
 2    with the Department.  In addition, the  employing  agency  is
 3    responsible  for the issuance of certifications of in-service
 4    training completed to their employees.
 5        The Department is required to develop a system to  ensure
 6    that  persons  working  as  homemakers and chore housekeepers
 7    receive increases in their wages  when  the  federal  minimum
 8    wage  is  increased by requiring vendors to certify that they
 9    are meeting the federal minimum wage statute  for  homemakers
10    and  chore housekeepers.  An employer that cannot ensure that
11    the minimum wage increase is being given  to  homemakers  and
12    chore   housekeepers   shall   be   denied  any  increase  in
13    reimbursement costs.
14        The Department on  Aging  and  the  Department  of  Human
15    Services shall cooperate in the development and submission of
16    an annual report on programs and services provided under this
17    Section.   Such joint report shall be filed with the Governor
18    and the General Assembly on or before September 30 each year.
19        The requirement for reporting  to  the  General  Assembly
20    shall  be  satisfied  by filing copies of the report with the
21    Speaker, the Minority Leader and the Clerk of  the  House  of
22    Representatives  and  the  President, the Minority Leader and
23    the Secretary of the  Senate  and  the  Legislative  Research
24    Unit,  as  required  by  Section  3.1 of the General Assembly
25    Organization Act  and filing such additional copies with  the
26    State  Government  Report Distribution Center for the General
27    Assembly as is required under paragraph (t) of Section  7  of
28    the State Library Act.
29        Those  persons  previously  found  eligible for receiving
30    non-institutional services whose services  were  discontinued
31    under  the  Emergency Budget Act of Fiscal Year 1992, and who
32    do not meet the eligibility standards in effect on  or  after
33    July  1,  1992,  shall remain ineligible on and after July 1,
34    1992.  Those persons previously not  required  to  cost-share
 
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 1    and  who were required to cost-share effective March 1, 1992,
 2    shall continue to meet cost-share requirements on  and  after
 3    July  1,  1992.   Beginning July 1, 1992, all clients will be
 4    required  to  meet   eligibility,   cost-share,   and   other
 5    requirements  and  will have services discontinued or altered
 6    when they fail to meet these requirements.
 7    (Source: P.A.  91-303,  eff.  1-1-00;  91-798,  eff.  7-9-00;
 8    92-597, eff. 6-28-02.)

 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law.