093_HB3455eng

 
HB3455 Engrossed                     LRB093 10231 DRJ 10485 b

 1        AN ACT in relation to disabled persons.

 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,
 
HB3455 Engrossed            -3-      LRB093 10231 DRJ 10485 b
 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. The
 9    standards must provide that a person may have not  more  than
10    $20,000   in   assets   to  be  eligible  for  the  services.
11    Additionally,  in  determining  the  amount  and  nature   of
12    services  for which a person may qualify, consideration shall
13    not be given to the value of cash, property or  other  assets
14    held in the name of the person's spouse pursuant to a written
15    agreement  dividing  marital property into equal but separate
16    shares or pursuant to a transfer of the person's interest  in
17    a home to his spouse, provided that the spouse's share of the
18    marital  property is not made available to the person seeking
19    such services.
20        The services shall be provided  to  eligible  persons  to
21    prevent unnecessary or premature institutionalization, to the
22    extent that the cost of the services, together with the other
23    personal  maintenance expenses of the persons, are reasonably
24    related to the standards established  for  care  in  a  group
25    facility    appropriate    to    their    condition.    These
26    non-institutional services, pilot  projects  or  experimental
27    facilities may be provided as part of or in addition to those
28    authorized by federal law or those funded and administered by
29    the Illinois Department on Aging.
30        Personal care attendants shall be paid:
31             (i)  A  $5  per  hour minimum rate beginning July 1,
32        1995.
33             (ii)  A $5.30 per hour minimum rate  beginning  July
34        1, 1997.
 
HB3455 Engrossed            -4-      LRB093 10231 DRJ 10485 b
 1             (iii)  A  $5.40 per hour minimum rate beginning July
 2        1, 1998.
 3        The Department shall execute,  relative  to  the  nursing
 4    home  prescreening  project, as authorized by Section 4.03 of
 5    the  Illinois  Act  on  the   Aging,   written   inter-agency
 6    agreements with the Department on Aging and the Department of
 7    Public  Aid,  to effect the following:  (i) intake procedures
 8    and common eligibility criteria for  those  persons  who  are
 9    receiving    non-institutional   services;   and   (ii)   the
10    establishment and development of  non-institutional  services
11    in  areas of the State where they are not currently available
12    or are undeveloped.  On and after July 1, 1996,  all  nursing
13    home prescreenings for individuals 18 through 59 years of age
14    shall be conducted by the Department.
15        The  Department  is  authorized  to establish a system of
16    recipient  cost-sharing  for  services  provided  under  this
17    Section.   The  cost-sharing  shall   be   based   upon   the
18    recipient's ability to pay for services, but in no case shall
19    the  recipient's share exceed the actual cost of the services
20    provided.  Protected income shall not be  considered  by  the
21    Department in its determination of the recipient's ability to
22    pay   a  share  of  the  cost  of  services.   The  level  of
23    cost-sharing shall be adjusted each year to  reflect  changes
24    in the "protected income" level.  The Department shall deduct
25    from  the recipient's share of the cost of services any money
26    expended by the recipient for disability-related expenses.
27        The   Department,   or   the   Department's    authorized
28    representative,  shall  recover the amount of moneys expended
29    for services provided to or in behalf of a person under  this
30    Section by a claim against the person's estate or against the
31    estate  of the person's surviving spouse, but no recovery may
32    be had until after the death of the surviving spouse, if any,
33    and then only at such time when there is no  surviving  child
34    who  is  under  age  21,  blind,  or  permanently and totally
 
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 1    disabled.  This paragraph, however, shall not  bar  recovery,
 2    at  the  death of the person, of moneys for services provided
 3    to the person or in behalf of the person under  this  Section
 4    to  which  the  person  was  not entitled; provided that such
 5    recovery shall not be enforced against any real estate  while
 6    it  is  occupied  as  a  homestead by the surviving spouse or
 7    other dependent, if no claims by other  creditors  have  been
 8    filed against the estate, or, if such claims have been filed,
 9    they  remain dormant for failure of prosecution or failure of
10    the claimant to compel administration of the estate  for  the
11    purpose  of  payment.   This paragraph shall not bar recovery
12    from the estate of a spouse, under Sections 1915 and 1924  of
13    the  Social  Security  Act  and  Section  5-4 of the Illinois
14    Public Aid Code, who precedes  a  person  receiving  services
15    under this Section in death.  All moneys for services paid to
16    or  in  behalf  of  the  person  under  this Section shall be
17    claimed for  recovery  from  the  deceased  spouse's  estate.
18    "Homestead",  as  used  in this paragraph, means the dwelling
19    house and contiguous real  estate  occupied  by  a  surviving
20    spouse  or  relative, as defined by the rules and regulations
21    of the Illinois Department of Public Aid, regardless  of  the
22    value of the property.
23        The   Department   and  the  Department  on  Aging  shall
24    cooperate in the development  and  submission  of  an  annual
25    report  on programs and services provided under this Section.
26    Such joint report shall be filed with the  Governor  and  the
27    General Assembly on or before March 30 each year.
28        The  requirement  for  reporting  to the General Assembly
29    shall be satisfied by filing copies of the  report  with  the
30    Speaker,  the  Minority  Leader and the Clerk of the House of
31    Representatives and the President, the  Minority  Leader  and
32    the  Secretary  of  the  Senate  and the Legislative Research
33    Unit, as required by Section  3.1  of  the  General  Assembly
34    Organization Act, and filing additional copies with the State
 
HB3455 Engrossed            -6-      LRB093 10231 DRJ 10485 b
 1    Government   Report   Distribution  Center  for  the  General
 2    Assembly as required under paragraph (t) of Section 7 of  the
 3    State Library Act.
 4        (g)  To  establish such subdivisions of the Department as
 5    shall be desirable and assign to the various subdivisions the
 6    responsibilities and duties placed  upon  the  Department  by
 7    law.
 8        (h)  To cooperate and enter into any necessary agreements
 9    with  the Department of Employment Security for the provision
10    of job placement and job referral services to clients of  the
11    Department,   including  job  service  registration  of  such
12    clients with Illinois Employment Security offices and  making
13    job  listings  maintained  by  the  Department  of Employment
14    Security available to such clients.
15        (i)  To possess all powers reasonable and  necessary  for
16    the  exercise  and  administration  of the powers, duties and
17    responsibilities of the Department which are provided for  by
18    law.
19        (j)  To  establish  a  procedure whereby new providers of
20    personal care attendant services shall submit vouchers to the
21    State for payment two  times  during  their  first  month  of
22    employment  and  one  time  per month thereafter.  In no case
23    shall the Department pay personal care attendants  an  hourly
24    wage that is less than the federal minimum wage.
25        (k)  To provide adequate notice to providers of chore and
26    housekeeping  services  informing them that they are entitled
27    to an interest payment on bills which are not  promptly  paid
28    pursuant to Section 3 of the State Prompt Payment Act.
29        (l)  To  establish,  operate  and  maintain  a  Statewide
30    Housing Clearinghouse of information on available, government
31    subsidized   housing   accessible  to  disabled  persons  and
32    available privately  owned  housing  accessible  to  disabled
33    persons.  The information shall include but not be limited to
34    the   location,  rental  requirements,  access  features  and
 
HB3455 Engrossed            -7-      LRB093 10231 DRJ 10485 b
 1    proximity to public transportation of available housing.  The
 2    Clearinghouse  shall  consist  of  at  least  a  computerized
 3    database for the storage and retrieval of information  and  a
 4    separate  or  shared  toll  free  telephone number for use by
 5    those seeking information from the Clearinghouse.  Department
 6    offices and personnel throughout the State shall also  assist
 7    in  the  operation  of  the  Statewide Housing Clearinghouse.
 8    Cooperation with local, State and  federal  housing  managers
 9    shall  be  sought  and  extended  in  order to frequently and
10    promptly update the Clearinghouse's information.
11        (m)  To assure that the names and case records of persons
12    who received or are receiving services from  the  Department,
13    including  persons  receiving vocational rehabilitation, home
14    services, or other services, and those attending one  of  the
15    Department's  schools  or  other supervised facility shall be
16    confidential and not be open to the  general  public.   Those
17    case  records  and  reports  or  the information contained in
18    those records and reports shall be disclosed by the  Director
19    only   to   proper  law  enforcement  officials,  individuals
20    authorized by a court, the General Assembly or any  committee
21    or  commission of the General Assembly, and other persons and
22    for reasons as the Director designates by rule.    Disclosure
23    by  the  Director  may  be  only  in  accordance  with  other
24    applicable law.
25    (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.)