Full Text of HB0387 97th General Assembly
HB0387ham001 97TH GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 5/23/2011
| | 09700HB0387ham001 | | LRB097 03905 KTG 55996 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 387
| 2 | | AMENDMENT NO. ______. Amend House Bill 387 by replacing | 3 | | everything after the enacting clause with the following:
| 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. Community Care Program. The Department shall | 8 | | establish a program of services to
prevent unnecessary | 9 | | institutionalization of persons age 60 and older in
need of | 10 | | long term care or who are established as persons who suffer | 11 | | from
Alzheimer's disease or a related disorder under the | 12 | | Alzheimer's Disease
Assistance Act, thereby enabling them
to | 13 | | remain in their own homes or in other living arrangements. Such
| 14 | | preventive services, which may be coordinated with other | 15 | | programs for the
aged and monitored by area agencies on aging | 16 | | in cooperation with the
Department, may include, but are not |
| | | 09700HB0387ham001 | - 2 - | LRB097 03905 KTG 55996 a |
|
| 1 | | limited to, any or all of the following:
| 2 | | (a) (blank);
| 3 | | (b) (blank);
| 4 | | (c) home care aide services;
| 5 | | (d) personal assistant services;
| 6 | | (e) adult day services;
| 7 | | (f) home-delivered meals;
| 8 | | (g) education in self-care;
| 9 | | (h) personal care services;
| 10 | | (i) adult day health services;
| 11 | | (j) habilitation services;
| 12 | | (k) respite care;
| 13 | | (k-5) community reintegration services;
| 14 | | (k-6) flexible senior services; | 15 | | (k-7) medication management; | 16 | | (k-8) emergency home response;
| 17 | | (l) other nonmedical social services that may enable | 18 | | the person
to become self-supporting; or
| 19 | | (m) clearinghouse for information provided by senior | 20 | | citizen home owners
who want to rent rooms to or share | 21 | | living space with other senior citizens.
| 22 | | The Department shall establish eligibility standards for | 23 | | such
services. In determining the amount and nature of services
| 24 | | for which a person may qualify, consideration shall not be | 25 | | given to the
value of cash, property or other assets held in | 26 | | the name of the person's
spouse pursuant to a written agreement |
| | | 09700HB0387ham001 | - 3 - | LRB097 03905 KTG 55996 a |
|
| 1 | | dividing marital property into equal
but separate shares or | 2 | | pursuant to a transfer of the person's interest in a
home to | 3 | | his spouse, provided that the spouse's share of the marital
| 4 | | property is not made available to the person seeking such | 5 | | services.
| 6 | | Beginning January 1, 2008, the Department shall require as | 7 | | a condition of eligibility that all new financially eligible | 8 | | applicants apply for and enroll in medical assistance under | 9 | | Article V of the Illinois Public Aid Code in accordance with | 10 | | rules promulgated by the Department.
| 11 | | The Department shall, in conjunction with the Department of | 12 | | Public Aid (now Department of Healthcare and Family Services),
| 13 | | seek appropriate amendments under Sections 1915 and 1924 of the | 14 | | Social
Security Act. The purpose of the amendments shall be to | 15 | | extend eligibility
for home and community based services under | 16 | | Sections 1915 and 1924 of the
Social Security Act to persons | 17 | | who transfer to or for the benefit of a
spouse those amounts of | 18 | | income and resources allowed under Section 1924 of
the Social | 19 | | Security Act. Subject to the approval of such amendments, the
| 20 | | Department shall extend the provisions of Section 5-4 of the | 21 | | Illinois
Public Aid Code to persons who, but for the provision | 22 | | of home or
community-based services, would require the level of | 23 | | care provided in an
institution, as is provided for in federal | 24 | | law. Those persons no longer
found to be eligible for receiving | 25 | | noninstitutional services due to changes
in the eligibility | 26 | | criteria shall be given 45 days notice prior to actual
|
| | | 09700HB0387ham001 | - 4 - | LRB097 03905 KTG 55996 a |
|
| 1 | | termination. Those persons receiving notice of termination may | 2 | | contact the
Department and request the determination be | 3 | | appealed at any time during the
45 day notice period. The | 4 | | target
population identified for the purposes of this Section | 5 | | are persons age 60
and older with an identified service need. | 6 | | Priority shall be given to those
who are at imminent risk of | 7 | | institutionalization. The services shall be
provided to | 8 | | eligible persons age 60 and older to the extent that the cost
| 9 | | of the services together with the other personal maintenance
| 10 | | expenses of the persons are reasonably related to the standards
| 11 | | established for care in a group facility appropriate to the | 12 | | person's
condition. These non-institutional services, pilot | 13 | | projects or
experimental facilities may be provided as part of | 14 | | or in addition to
those authorized by federal law or those | 15 | | funded and administered by the
Department of Human Services. | 16 | | The Departments of Human Services, Healthcare and Family | 17 | | Services,
Public Health, Veterans' Affairs, and Commerce and | 18 | | Economic Opportunity and
other appropriate agencies of State, | 19 | | federal and local governments shall
cooperate with the | 20 | | Department on Aging in the establishment and development
of the | 21 | | non-institutional services. The Department shall require an | 22 | | annual
audit from all personal assistant
and home care aide | 23 | | vendors contracting with
the Department under this Section. The | 24 | | annual audit shall assure that each
audited vendor's procedures | 25 | | are in compliance with Department's financial
reporting | 26 | | guidelines requiring an administrative and employee wage and |
| | | 09700HB0387ham001 | - 5 - | LRB097 03905 KTG 55996 a |
|
| 1 | | benefits cost split as defined in administrative rules. The | 2 | | audit is a public record under
the Freedom of Information Act. | 3 | | The Department shall execute, relative to
the nursing home | 4 | | prescreening project, written inter-agency
agreements with the | 5 | | Department of Human Services and the Department
of Healthcare | 6 | | and Family Services, to effect the following: (1) intake | 7 | | procedures and common
eligibility criteria for those persons | 8 | | who are receiving non-institutional
services; and (2) the | 9 | | establishment and development of non-institutional
services in | 10 | | areas of the State where they are not currently available or | 11 | | are
undeveloped. On and after July 1, 1996, all nursing home | 12 | | prescreenings for
individuals 60 years of age or older shall be | 13 | | conducted by the Department.
| 14 | | As part of the Department on Aging's routine training of | 15 | | case managers and case manager supervisors, the Department may | 16 | | include information on family futures planning for persons who | 17 | | are age 60 or older and who are caregivers of their adult | 18 | | children with developmental disabilities. The content of the | 19 | | training shall be at the Department's discretion. | 20 | | The Department is authorized to establish a system of | 21 | | recipient copayment
for services provided under this Section, | 22 | | such copayment to be based upon
the recipient's ability to pay | 23 | | but in no case to exceed the actual cost of
the services | 24 | | provided. Additionally, any portion of a person's income which
| 25 | | is equal to or less than the federal poverty standard shall not | 26 | | be
considered by the Department in determining the copayment. |
| | | 09700HB0387ham001 | - 6 - | LRB097 03905 KTG 55996 a |
|
| 1 | | The level of
such copayment shall be adjusted whenever | 2 | | necessary to reflect any change
in the officially designated | 3 | | federal poverty standard.
| 4 | | The Department, or the Department's authorized | 5 | | representative, may
recover the amount of moneys expended for | 6 | | services provided to or in
behalf of a person under this | 7 | | Section by a claim against the person's
estate or against the | 8 | | estate of the person's surviving spouse, but no
recovery may be | 9 | | had until after the death of the surviving spouse, if
any, and | 10 | | then only at such time when there is no surviving child who
is | 11 | | under age 21, blind, or permanently and totally disabled. This
| 12 | | paragraph, however, shall not bar recovery, at the death of the | 13 | | person, of
moneys for services provided to the person or in | 14 | | behalf of the person under
this Section to which the person was | 15 | | not entitled;
provided that such recovery shall not be enforced | 16 | | against any real estate while
it is occupied as a homestead by | 17 | | the surviving spouse or other dependent, if no
claims by other | 18 | | creditors have been filed against the estate, or, if such
| 19 | | claims have been filed, they remain dormant for failure of | 20 | | prosecution or
failure of the claimant to compel administration | 21 | | of the estate for the purpose
of payment. This paragraph shall | 22 | | not bar recovery from the estate of a spouse,
under Sections | 23 | | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| 24 | | Illinois Public Aid Code, who precedes a person receiving | 25 | | services under this
Section in death. All moneys for services
| 26 | | paid to or in behalf of the person under this Section shall be |
| | | 09700HB0387ham001 | - 7 - | LRB097 03905 KTG 55996 a |
|
| 1 | | claimed for
recovery from the deceased spouse's estate. | 2 | | "Homestead", as used
in this paragraph, means the dwelling | 3 | | house and
contiguous real estate occupied by a surviving spouse
| 4 | | or relative, as defined by the rules and regulations of the | 5 | | Department of Healthcare and Family Services, regardless of the | 6 | | value of the property.
| 7 | | The Department shall increase the effectiveness of the | 8 | | existing Community Care Program by: | 9 | | (1) ensuring that in-home services included in the care | 10 | | plan are available on evenings and weekends; | 11 | | (2) ensuring that care plans contain the services that | 12 | | eligible participants
need based on the number of days in a | 13 | | month, not limited to specific blocks of time, as | 14 | | identified by the comprehensive assessment tool selected | 15 | | by the Department for use statewide, not to exceed the | 16 | | total monthly service cost maximum allowed for each | 17 | | service; the Department shall develop administrative rules | 18 | | to implement this item (2); | 19 | | (3) ensuring that the participants have the right to | 20 | | choose the services contained in their care plan and to | 21 | | direct how those services are provided, based on | 22 | | administrative rules established by the Department; | 23 | | (4) ensuring that the determination of need tool is | 24 | | accurate in determining the participants' level of need; to | 25 | | achieve this, the Department, in conjunction with the Older | 26 | | Adult Services Advisory Committee, shall institute a study |
| | | 09700HB0387ham001 | - 8 - | LRB097 03905 KTG 55996 a |
|
| 1 | | of the relationship between the Determination of Need | 2 | | scores, level of need, service cost maximums, and the | 3 | | development and utilization of service plans no later than | 4 | | May 1, 2008; findings and recommendations shall be | 5 | | presented to the Governor and the General Assembly no later | 6 | | than January 1, 2009; recommendations shall include all | 7 | | needed changes to the service cost maximums schedule and | 8 | | additional covered services; | 9 | | (5) ensuring that homemakers can provide personal care | 10 | | services that may or may not involve contact with clients, | 11 | | including but not limited to: | 12 | | (A) bathing; | 13 | | (B) grooming; | 14 | | (C) toileting; | 15 | | (D) nail care; | 16 | | (E) transferring; | 17 | | (F) respiratory services; | 18 | | (G) exercise; or | 19 | | (H) positioning; | 20 | | (6) ensuring that homemaker program vendors are not | 21 | | restricted from hiring homemakers who are family members of | 22 | | clients or recommended by clients; the Department may not, | 23 | | by rule or policy, require homemakers who are family | 24 | | members of clients or recommended by clients to accept | 25 | | assignments in homes other than the client; | 26 | | (7) ensuring that the State may access maximum federal |
| | | 09700HB0387ham001 | - 9 - | LRB097 03905 KTG 55996 a |
|
| 1 | | matching funds by seeking approval for the Centers for | 2 | | Medicare and Medicaid Services for modifications to the | 3 | | State's home and community based services waiver and | 4 | | additional waiver opportunities in order to maximize | 5 | | federal matching funds; this shall include, but not be | 6 | | limited to, modification that reflects all changes in the | 7 | | Community Care Program services and all increases in the | 8 | | services cost maximum; and | 9 | | (8) ensuring that the determination of need tool | 10 | | accurately reflects the service needs of individuals with | 11 | | Alzheimer's disease and related dementia disorders. | 12 | | By January 1, 2009 or as soon after the end of the Cash and | 13 | | Counseling Demonstration Project as is practicable, the | 14 | | Department may, based on its evaluation of the demonstration | 15 | | project, promulgate rules concerning personal assistant | 16 | | services, to include, but need not be limited to, | 17 | | qualifications, employment screening, rights under fair labor | 18 | | standards, training, fiduciary agent, and supervision | 19 | | requirements. All applicants shall be subject to the provisions | 20 | | of the Health Care Worker Background Check Act.
| 21 | | The Department shall develop procedures to enhance | 22 | | availability of
services on evenings, weekends, and on an | 23 | | emergency basis to meet the
respite needs of caregivers. | 24 | | Procedures shall be developed to permit the
utilization of | 25 | | services in successive blocks of 24 hours up to the monthly
| 26 | | maximum established by the Department. Workers providing these |
| | | 09700HB0387ham001 | - 10 - | LRB097 03905 KTG 55996 a |
|
| 1 | | services
shall be appropriately trained.
| 2 | | Beginning on the effective date of this Amendatory Act of | 3 | | 1991, no person
may perform chore/housekeeping and home care | 4 | | aide services under a program
authorized by this Section unless | 5 | | that person has been issued a certificate
of pre-service to do | 6 | | so by his or her employing agency. Information
gathered to | 7 | | effect such certification shall include (i) the person's name,
| 8 | | (ii) the date the person was hired by his or her current | 9 | | employer, and
(iii) the training, including dates and levels. | 10 | | Persons engaged in the
program authorized by this Section | 11 | | before the effective date of this
amendatory Act of 1991 shall | 12 | | be issued a certificate of all pre- and
in-service training | 13 | | from his or her employer upon submitting the necessary
| 14 | | information. The employing agency shall be required to retain | 15 | | records of
all staff pre- and in-service training, and shall | 16 | | provide such records to
the Department upon request and upon | 17 | | termination of the employer's contract
with the Department. In | 18 | | addition, the employing agency is responsible for
the issuance | 19 | | of certifications of in-service training completed to their
| 20 | | employees.
| 21 | | The Department is required to develop a system to ensure | 22 | | that persons
working as home care aides and personal assistants
| 23 | | receive increases in their
wages when the federal minimum wage | 24 | | is increased by requiring vendors to
certify that they are | 25 | | meeting the federal minimum wage statute for home care aides
| 26 | | and personal assistants. An employer that cannot ensure that |
| | | 09700HB0387ham001 | - 11 - | LRB097 03905 KTG 55996 a |
|
| 1 | | the minimum
wage increase is being given to home care aides and | 2 | | personal assistants
shall be denied any increase in | 3 | | reimbursement costs.
| 4 | | The Community Care Program Advisory Committee is created in | 5 | | the Department on Aging. The Director shall appoint individuals | 6 | | to serve in the Committee, who shall serve at their own | 7 | | expense. Members of the Committee must abide by all applicable | 8 | | ethics laws. The Committee shall advise the Department on | 9 | | issues related to the Department's program of services to | 10 | | prevent unnecessary institutionalization. The Committee shall | 11 | | meet on a bi-monthly basis and shall serve to identify and | 12 | | advise the Department on present and potential issues affecting | 13 | | the service delivery network, the program's clients, and the | 14 | | Department and to recommend solution strategies. Persons | 15 | | appointed to the Committee shall be appointed on, but not | 16 | | limited to, their own and their agency's experience with the | 17 | | program, geographic representation, and willingness to serve. | 18 | | The Director shall appoint members to the Committee to | 19 | | represent provider, advocacy, policy research, and other | 20 | | constituencies committed to the delivery of high quality home | 21 | | and community-based services to older adults. Representatives | 22 | | shall be appointed to ensure representation from community care | 23 | | providers including, but not limited to, adult day service | 24 | | providers, homemaker providers, case coordination and case | 25 | | management units, emergency home response providers, statewide | 26 | | trade or labor unions that represent home care
aides and direct |
| | | 09700HB0387ham001 | - 12 - | LRB097 03905 KTG 55996 a |
|
| 1 | | care staff, area agencies on aging, adults over age 60, | 2 | | membership organizations representing older adults, and other | 3 | | organizational entities, providers of care, or individuals | 4 | | with demonstrated interest and expertise in the field of home | 5 | | and community care as determined by the Director. | 6 | | Nominations may be presented from any agency or State | 7 | | association with interest in the program. The Director, or his | 8 | | or her designee, shall serve as the permanent co-chair of the | 9 | | advisory committee. One other co-chair shall be nominated and | 10 | | approved by the members of the committee on an annual basis. | 11 | | Committee members' terms of appointment shall be for 4 years | 12 | | with one-quarter of the appointees' terms expiring each year. A | 13 | | member shall continue to serve until his or her replacement is | 14 | | named. The Department shall fill vacancies that have a | 15 | | remaining term of over one year, and this replacement shall | 16 | | occur through the annual replacement of expiring terms. The | 17 | | Director shall designate Department staff to provide technical | 18 | | assistance and staff support to the committee. Department | 19 | | representation shall not constitute membership of the | 20 | | committee. All Committee papers, issues, recommendations, | 21 | | reports, and meeting memoranda are advisory only. The Director, | 22 | | or his or her designee, shall make a written report, as | 23 | | requested by the Committee, regarding issues before the | 24 | | Committee.
| 25 | | The Department on Aging and the Department of Human | 26 | | Services
shall cooperate in the development and submission of |
| | | 09700HB0387ham001 | - 13 - | LRB097 03905 KTG 55996 a |
|
| 1 | | an annual report on
programs and services provided under this | 2 | | Section. Such joint report
shall be filed with the Governor and | 3 | | the General Assembly on or before
September 30 each year.
| 4 | | The requirement for reporting to the General Assembly shall | 5 | | be satisfied
by filing copies of the report with the Speaker, | 6 | | the Minority Leader and
the Clerk of the House of | 7 | | Representatives and the President, the Minority
Leader and the | 8 | | Secretary of the Senate and the Legislative Research Unit,
as | 9 | | required by Section 3.1 of the General Assembly Organization | 10 | | Act and
filing such additional copies with the State Government | 11 | | Report Distribution
Center for the General Assembly as is | 12 | | required under paragraph (t) of
Section 7 of the State Library | 13 | | Act.
| 14 | | Those persons previously found eligible for receiving | 15 | | non-institutional
services whose services were discontinued | 16 | | under the Emergency Budget Act of
Fiscal Year 1992, and who do | 17 | | not meet the eligibility standards in effect
on or after July | 18 | | 1, 1992, shall remain ineligible on and after July 1,
1992. | 19 | | Those persons previously not required to cost-share and who | 20 | | were
required to cost-share effective March 1, 1992, shall | 21 | | continue to meet
cost-share requirements on and after July 1, | 22 | | 1992. Beginning July 1, 1992,
all clients will be required to | 23 | | meet
eligibility, cost-share, and other requirements and will | 24 | | have services
discontinued or altered when they fail to meet | 25 | | these requirements. | 26 | | The Department shall pay an enhanced rate under the |
| | | 09700HB0387ham001 | - 14 - | LRB097 03905 KTG 55996 a |
|
| 1 | | Community Care Program to those in-home service provider | 2 | | agencies that offer health insurance coverage as a benefit to | 3 | | their direct service worker employees consistent with the | 4 | | mandates of Public Act 95-713. | 5 | | Vendors who receive an enhanced per hour payment for the | 6 | | purpose of providing health insurance coverage to their | 7 | | employees may contribute such payment to a Taft-Hartley welfare | 8 | | plan or other qualified health plan that provides for coverage | 9 | | in months later than the months for which the payments are | 10 | | received, provided that the plan bases eligibility for coverage | 11 | | on the hours worked during the months for which the payment is | 12 | | received. Vendors who submit the full payments to such a plan | 13 | | in good faith shall not be required to return the payments to | 14 | | the Department on Aging for months paid for benefits to be | 15 | | provided at a later date. | 16 | | For the purposes of this Section, "flexible senior | 17 | | services" refers to services that require one-time or periodic | 18 | | expenditures including, but not limited to, respite care, home | 19 | | modification, assistive technology, housing assistance, and | 20 | | transportation.
| 21 | | (Source: P.A. 95-298, eff. 8-20-07; 95-473, eff. 8-27-07; | 22 | | 95-565, eff. 6-1-08; 95-876, eff. 8-21-08; 96-918, eff. 6-9-10; | 23 | | 96-1129, eff. 7-20-10; revised 9-2-10.) | 24 | | Section 10. The Disabled Persons Rehabilitation Act is | 25 | | amended by changing Section 3 as follows:
|
| | | 09700HB0387ham001 | - 15 - | LRB097 03905 KTG 55996 a |
|
| 1 | | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
| 2 | | Sec. 3. Powers and duties. The Department shall have the | 3 | | powers and
duties enumerated
herein:
| 4 | | (a) To co-operate with the federal government in the | 5 | | administration
of the provisions of the federal Rehabilitation | 6 | | Act of 1973, as amended,
of the Workforce Investment Act of | 7 | | 1998,
and of the federal Social Security Act to the extent and | 8 | | in the manner
provided in these Acts.
| 9 | | (b) To prescribe and supervise such courses of vocational | 10 | | training
and provide such other services as may be necessary | 11 | | for the habilitation
and rehabilitation of persons with one or | 12 | | more disabilities, including the
administrative activities | 13 | | under subsection (e) of this Section, and to
co-operate with | 14 | | State and local school authorities and other recognized
| 15 | | agencies engaged in habilitation, rehabilitation and | 16 | | comprehensive
rehabilitation services; and to cooperate with | 17 | | the Department of Children
and Family Services regarding the | 18 | | care and education of children with one
or more disabilities.
| 19 | | (c) (Blank).
| 20 | | (d) To report in writing, to the Governor, annually on or | 21 | | before the
first day of December, and at such other times and | 22 | | in such manner and
upon such subjects as the Governor may | 23 | | require. The annual report shall
contain (1) a statement of the | 24 | | existing condition of comprehensive
rehabilitation services, | 25 | | habilitation and rehabilitation in the State;
(2) a statement |
| | | 09700HB0387ham001 | - 16 - | LRB097 03905 KTG 55996 a |
|
| 1 | | of suggestions and recommendations with reference to the
| 2 | | 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
amounts | 7 | | 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 the | 13 | | Social Security Act, thereby enabling them to
remain in their | 14 | | own homes or other living arrangements. Such preventive
| 15 | | services may include, but are not limited to, any or all of the | 16 | | 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;
|
| | | 09700HB0387ham001 | - 17 - | LRB097 03905 KTG 55996 a |
|
| 1 | | (11) respite care; or
| 2 | | (12) other nonmedical social services that may enable | 3 | | the person to
become self-supporting.
| 4 | | The Department shall establish eligibility
standards for | 5 | | such services taking into consideration the unique
economic and | 6 | | social needs of the population for whom they are to
be | 7 | | provided. Such eligibility standards may be based on the | 8 | | recipient's
ability to pay for services; provided, however, | 9 | | that any portion of a
person's income that is equal to or less | 10 | | than the "protected income" level
shall not be considered by | 11 | | the Department in determining eligibility. The
"protected | 12 | | income" level shall be determined by the Department, shall | 13 | | never be
less than the federal poverty standard, and shall be | 14 | | adjusted each year to
reflect changes in the Consumer Price | 15 | | Index For All Urban Consumers as
determined by the United | 16 | | States Department of Labor. The standards must
provide that a | 17 | | person may have not more than $10,000 in assets to be eligible | 18 | | for the services, and the Department may increase the asset | 19 | | limitation by rule. Additionally, in
determining the amount and | 20 | | nature of services for which a person may qualify,
| 21 | | consideration shall not be given to the value of cash, property | 22 | | or other assets
held in the name of the person's spouse | 23 | | pursuant to a written agreement
dividing marital property into | 24 | | equal but separate shares or pursuant to a
transfer of the | 25 | | person's interest in a home to his spouse, provided that the
| 26 | | spouse's share of the marital property is not made available to |
| | | 09700HB0387ham001 | - 18 - | LRB097 03905 KTG 55996 a |
|
| 1 | | the person
seeking such services.
| 2 | | The services shall be provided to eligible persons
to | 3 | | prevent unnecessary or premature institutionalization, to
the | 4 | | extent that the cost of the services, together with the
other | 5 | | personal maintenance expenses of the persons, are reasonably
| 6 | | related to the standards established for care in a group | 7 | | facility
appropriate to their condition. These | 8 | | non-institutional
services, pilot projects or experimental | 9 | | facilities may be provided as part of
or in addition to those | 10 | | authorized by federal law or those funded and
administered by | 11 | | the Illinois Department on Aging.
| 12 | | Personal care attendants shall be paid:
| 13 | | (i) A $5 per hour minimum rate beginning July 1, 1995.
| 14 | | (ii) A $5.30 per hour minimum rate beginning July 1, | 15 | | 1997.
| 16 | | (iii) A $5.40 per hour minimum rate beginning July 1, | 17 | | 1998.
| 18 | | Solely for the purposes of coverage under the Illinois | 19 | | Public Labor
Relations
Act
(5 ILCS 315/), personal care | 20 | | attendants and personal assistants providing
services under
| 21 | | the Department's Home Services Program shall be considered to | 22 | | be public
employees
and the State of Illinois shall be | 23 | | considered to be their employer as of the
effective date of
| 24 | | this amendatory Act of the 93rd General Assembly, but not | 25 | | before. The State
shall
engage in collective bargaining with an | 26 | | exclusive representative of personal
care
attendants and |
| | | 09700HB0387ham001 | - 19 - | LRB097 03905 KTG 55996 a |
|
| 1 | | personal assistants working under the Home Services Program
| 2 | | concerning
their terms and conditions of employment that are | 3 | | within the State's control.
Nothing in
this paragraph shall be | 4 | | understood to limit the right of the persons receiving
services
| 5 | | defined in this Section to hire and fire personal care | 6 | | attendants and
personal assistants
or supervise them within the | 7 | | limitations set by the Home Services Program. The
State
shall | 8 | | not be considered to be the employer of personal care | 9 | | attendants and
personal
assistants for any purposes not | 10 | | specifically provided in this amendatory Act of
the 93rd
| 11 | | General Assembly, including but not limited to, purposes of | 12 | | vicarious liability
in tort and
purposes of statutory | 13 | | retirement or health insurance benefits. Personal care
| 14 | | attendants
and personal assistants shall not be covered by the | 15 | | State Employees Group
Insurance Act
of 1971 (5 ILCS 375/).
| 16 | | The Department shall execute, relative to the nursing home | 17 | | prescreening
project, as authorized by Section 4.03 of the | 18 | | Illinois Act on the Aging,
written inter-agency agreements with | 19 | | the Department on Aging and
the Department of Public Aid (now | 20 | | Department of Healthcare and Family Services), to effect the | 21 | | following: (i) intake procedures
and common eligibility | 22 | | criteria for those persons who are receiving
non-institutional | 23 | | services; and (ii) the establishment and development of
| 24 | | non-institutional services in areas of the State where they are | 25 | | not
currently available or are undeveloped. On and after July | 26 | | 1, 1996, all nursing
home prescreenings for individuals 18 |
| | | 09700HB0387ham001 | - 20 - | LRB097 03905 KTG 55996 a |
|
| 1 | | through 59 years of age shall be
conducted by the Department.
| 2 | | The Department is authorized to establish a system of | 3 | | recipient cost-sharing
for services provided under this | 4 | | Section. The cost-sharing shall be based upon
the recipient's | 5 | | ability to pay for services, but in no case shall the
| 6 | | recipient's share exceed the actual cost of the services | 7 | | provided. Protected
income shall not be considered by the | 8 | | Department in its determination of the
recipient's ability to | 9 | | pay a share of the cost of services. The level of
cost-sharing | 10 | | shall be adjusted each year to reflect changes in the | 11 | | "protected
income" level. The Department shall deduct from the | 12 | | recipient's share of the
cost of services any money expended by | 13 | | the recipient for disability-related
expenses.
| 14 | | The Department, or the Department's authorized | 15 | | representative, shall recover
the amount of moneys expended for | 16 | | services provided to or in behalf of a person
under this | 17 | | Section by a claim against the person's estate or against the | 18 | | estate
of the person's surviving spouse, but no recovery may be | 19 | | had until after the
death of the surviving spouse, if any, and | 20 | | then only at such time when there is
no surviving child who is | 21 | | under age 21, blind, or permanently and totally
disabled. This | 22 | | paragraph, however, shall not bar recovery, at the death of the
| 23 | | person, of moneys for services provided to the person or in | 24 | | behalf of the
person under this Section to which the person was | 25 | | not entitled; provided that
such recovery shall not be enforced | 26 | | against any real estate while
it is occupied as a homestead by |
| | | 09700HB0387ham001 | - 21 - | LRB097 03905 KTG 55996 a |
|
| 1 | | the surviving spouse or other dependent, if no
claims by other | 2 | | creditors have been filed against the estate, or, if such
| 3 | | claims have been filed, they remain dormant for failure of | 4 | | prosecution or
failure of the claimant to compel administration | 5 | | of the estate for the purpose
of payment. This paragraph shall | 6 | | not bar recovery from the estate of a spouse,
under Sections | 7 | | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| 8 | | Illinois Public Aid Code, who precedes a person receiving | 9 | | services under this
Section in death. All moneys for services
| 10 | | paid to or in behalf of the person under this Section shall be | 11 | | claimed for
recovery from the deceased spouse's estate. | 12 | | "Homestead", as used in this
paragraph, means the dwelling | 13 | | house and
contiguous real estate occupied by a surviving spouse | 14 | | or relative, as defined
by the rules and regulations of the | 15 | | Department of Healthcare and Family Services,
regardless of the | 16 | | value of the property.
| 17 | | The Department and the Department on Aging shall cooperate
| 18 | | in the development and submission of an annual report on | 19 | | programs and
services provided under this Section. Such joint | 20 | | report shall be filed
with the Governor and the General | 21 | | Assembly on or before March
30
each year.
| 22 | | The requirement for reporting to the General Assembly shall | 23 | | be satisfied
by filing copies of the report with the Speaker, | 24 | | the Minority Leader and
the Clerk of the House of | 25 | | Representatives and the President, the Minority
Leader and the | 26 | | Secretary of the Senate and the Legislative Research Unit,
as |
| | | 09700HB0387ham001 | - 22 - | LRB097 03905 KTG 55996 a |
|
| 1 | | required by Section 3.1 of the General Assembly Organization | 2 | | Act, and filing
additional copies with the State
Government | 3 | | Report Distribution Center for the General Assembly as
required | 4 | | under paragraph (t) of Section 7 of the State Library Act.
| 5 | | (g) To establish such subdivisions of the Department
as | 6 | | shall be desirable and assign to the various subdivisions the
| 7 | | responsibilities and duties placed upon the Department by law.
| 8 | | (h) To cooperate and enter into any necessary agreements | 9 | | with the
Department of Employment Security for the provision of | 10 | | job placement and
job referral services to clients of the | 11 | | Department, including job
service registration of such clients | 12 | | with Illinois Employment Security
offices and making job | 13 | | listings maintained by the Department of Employment
Security | 14 | | available to such clients.
| 15 | | (i) To possess all powers reasonable and necessary for
the | 16 | | 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 shall | 23 | | the Department pay personal care
attendants an hourly wage that | 24 | | 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 to |
| | | 09700HB0387ham001 | - 23 - | LRB097 03905 KTG 55996 a |
|
| 1 | | an interest payment on
bills which are not promptly paid | 2 | | pursuant to Section 3 of the State Prompt
Payment Act.
| 3 | | (l) To establish, operate and maintain a Statewide Housing | 4 | | Clearinghouse
of information on available, government | 5 | | subsidized housing accessible to
disabled persons and | 6 | | available privately owned housing accessible to
disabled | 7 | | persons. The information shall include but not be limited to | 8 | | the
location, rental requirements, access features and | 9 | | proximity to public
transportation of available housing. The | 10 | | Clearinghouse shall consist
of at least a computerized database | 11 | | for the storage and retrieval of
information and a separate or | 12 | | shared toll free telephone number for use by
those seeking | 13 | | information from the Clearinghouse. Department offices and
| 14 | | personnel throughout the State shall also assist in the | 15 | | operation of the
Statewide Housing Clearinghouse. Cooperation | 16 | | with local, State and federal
housing managers shall be sought | 17 | | and extended in order to frequently and
promptly update the | 18 | | Clearinghouse's information.
| 19 | | (m) To assure that the names and case records of persons | 20 | | who received or
are
receiving services from the Department, | 21 | | including persons receiving vocational
rehabilitation, home | 22 | | services, or other services, and those attending one of
the | 23 | | Department's schools or other supervised facility shall be | 24 | | confidential and
not be open to the general public. Those case | 25 | | records and reports or the
information contained in those | 26 | | records and reports shall be disclosed by the
Director only to |
| | | 09700HB0387ham001 | - 24 - | LRB097 03905 KTG 55996 a |
|
| 1 | | proper law enforcement officials, individuals authorized by a
| 2 | | court, the General Assembly or any committee or commission of | 3 | | the General
Assembly, and other persons and for reasons as the | 4 | | Director designates by rule.
Disclosure by the Director may be | 5 | | only in accordance with other applicable
law.
| 6 | | (n) To set rates and fees for services in a fair and | 7 | | equitable manner. Services similar to those offered by the | 8 | | Department on Aging shall be paid at the same rate. | 9 | | (Source: P.A. 94-252, eff. 1-1-06; 95-331, eff. 8-21-07.)".
|
|