State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ House Amendment 002 ]

90_HB1784eng

      20 ILCS 105/4.02          from Ch. 23, par. 6104.02
      20 ILCS 2405/3            from Ch. 23, par. 3434
          Amends the Illinois Act on the  Aging  and  the  Disabled
      Persons  Rehabilitation Act.  Provides that the Department on
      Aging, the  Department  of  Human  Services,  and  authorized
      service   providers  shall  not  displace  workers  currently
      providing preventive services with persons who have exhausted
      federal or State public assistance benefits.
                                                     LRB9003827PTcw
HB1784 Engrossed                               LRB9003827PTcw
 1        AN ACT concerning community care.
 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        (Text of Section before amendment by P.A. 89-507)
 8        Sec. 4.02.  The Department shall establish a  program  of
 9    services   to  prevent  unnecessary  institutionalization  of
10    persons age 60 and older in need of long term care or who are
11    established as persons who suffer from Alzheimer's disease or
12    a related disorder under the Alzheimer's  Disease  Assistance
13    Act,  enacted  by the 84th General Assembly, thereby enabling
14    them to  remain  in  their  own  homes  or  in  other  living
15    arrangements.    Such   preventive  services,  which  may  be
16    coordinated with other programs for the aged and monitored by
17    area agencies on aging in cooperation  with  the  Department,
18    may  include,  but  are  not  limited  to,  any or all of the
19    following:
20        (a)  home health services;
21        (b)  home nursing services;
22        (c)  homemaker services;
23        (d)  chore and housekeeping services;
24        (e)  day care services;
25        (f)  home-delivered meals;
26        (g)  education in self-care;
27        (h)  personal care services;
28        (i)  adult day health services;
29        (j)  habilitation services;
30        (k)  respite care; or
31        (l)  other nonmedical social services that may enable the
HB1784 Engrossed            -2-                LRB9003827PTcw
 1    person to become self-supporting.
 2        The Department shall establish eligibility standards  for
 3    such  services  taking into consideration the unique economic
 4    and social needs of the target population for whom  they  are
 5    to  be provided. Such eligibility standards shall be based on
 6    the  recipient's  ability  to  pay  for  services;  provided,
 7    however,  that  in  determining  the  amount  and  nature  of
 8    services for which a person may qualify, consideration  shall
 9    not  be  given to the value of cash, property or other assets
10    held in the name of the person's spouse pursuant to a written
11    agreement dividing marital property into equal  but  separate
12    shares  or pursuant to a transfer of the person's interest in
13    a home to his spouse, provided that the spouse's share of the
14    marital property is not made available to the person  seeking
15    such  services. The Department shall, in conjunction with the
16    Department of Public Aid, seek appropriate  amendments  under
17    Sections  1915  and  1924  of  the  Social Security Act.  The
18    purpose of the amendments shall be to extend eligibility  for
19    home  and  community  based  services under Sections 1915 and
20    1924 of the Social Security Act to persons who transfer to or
21    for the benefit of a  spouse  those  amounts  of  income  and
22    resources  allowed  under Section 1924 of the Social Security
23    Act.   Subject  to  the  approval  of  such  amendments,  the
24    Department shall extend the provisions of Section 5-4 of  the
25    Illinois  Public  Aid  Code  to  persons  who,  but  for  the
26    provision  of home or community-based services, would require
27    the level of care provided in an institution, as is  provided
28    for  in  federal  law.  Those  persons  no longer found to be
29    eligible  for  receiving  noninstitutional  services  due  to
30    changes in the eligibility criteria shall be  given  60  days
31    notice  prior  to actual termination. Those persons receiving
32    notice of termination may contact the Department and  request
33    the  determination  be appealed at any time during the 60 day
34    notice period. With the exception of  the  lengthened  notice
HB1784 Engrossed            -3-                LRB9003827PTcw
 1    and  time  frame  for  the appeal request, the appeal process
 2    shall follow the normal procedure. In addition,  each  person
 3    affected  regardless  of  the  circumstances for discontinued
 4    eligibility shall be given  notice  and  the  opportunity  to
 5    purchase  the  necessary  services through the Community Care
 6    Program.  If  the  individual  does  not  elect  to  purchase
 7    services, the  Department  shall  advise  the  individual  of
 8    alternative  services.  The  target population identified for
 9    the purposes of this Section are persons  age  60  and  older
10    with  an  identified service need. Priority shall be given to
11    those who are at imminent risk of  institutionalization.  The
12    services  shall  be  provided  to eligible persons age 60 and
13    older to the extent that the cost of  the  services  together
14    with  the  other personal maintenance expenses of the persons
15    are reasonably related to the standards established for  care
16    in  a  group  facility appropriate to the person's condition.
17    These   non-institutional   services,   pilot   projects   or
18    experimental facilities may be provided  as  part  of  or  in
19    addition  to  those authorized by federal law or those funded
20    and  administered  by  the   Department   of   Rehabilitation
21    Services.  The Departments of Rehabilitation Services, Public
22    Aid, Mental Health  and  Developmental  Disabilities,  Public
23    Health, Veterans' Affairs, and Commerce and Community Affairs
24    and  other  appropriate  agencies of State, federal and local
25    governments shall cooperate with the Department on  Aging  in
26    the  establishment  and  development of the non-institutional
27    services. The Department shall require an annual  audit  from
28    all chore/housekeeping and homemaker vendors contracting with
29    the  Department  under  this  Section. The annual audit shall
30    assure  that  each  audited  vendor's   procedures   are   in
31    compliance  with  Department's financial reporting guidelines
32    requiring a 27% administrative cost split and a 73%  employee
33    wages  and  benefits cost split. The audit is a public record
34    under the Freedom of Information Act.  The  Department  shall
HB1784 Engrossed            -4-                LRB9003827PTcw
 1    execute,  relative  to the nursing home prescreening project,
 2    written  inter-agency  agreements  with  the  Department   of
 3    Rehabilitation  Services and the Department of Public Aid, to
 4    effect the  following:   (1)  intake  procedures  and  common
 5    eligibility  criteria  for  those  persons  who are receiving
 6    non-institutional services; and  (2)  the  establishment  and
 7    development  of  non-institutional  services  in areas of the
 8    State  where  they  are  not  currently  available   or   are
 9    undeveloped.  On  and  after  July  1, 1996, all nursing home
10    prescreenings for individuals 60 years of age or older  shall
11    be conducted by the Department.
12        The  Department  is  authorized  to establish a system of
13    recipient copayment for services provided under this Section,
14    such copayment to be based upon the  recipient's  ability  to
15    pay  but in no case to exceed the actual cost of the services
16    provided. Additionally, any  portion  of  a  person's  income
17    which  is  equal to or less than the federal poverty standard
18    shall not be considered by the Department in determining  the
19    copayment.  The  level  of  such  copayment shall be adjusted
20    whenever necessary to reflect any change  in  the  officially
21    designated federal poverty standard.
22        The    Department,   or   the   Department's   authorized
23    representative, shall recover the amount of  moneys  expended
24    for  services provided to or in behalf of a person under this
25    Section by a claim against the person's estate or against the
26    estate of the person's surviving spouse, but no recovery  may
27    be had until after the death of the surviving spouse, if any,
28    and  then  only at such time when there is no surviving child
29    who is under  age  21,  blind,  or  permanently  and  totally
30    disabled.   This  paragraph, however, shall not bar recovery,
31    at the death of the person, of moneys for  services  provided
32    to  the  person or in behalf of the person under this Section
33    to which the person was  not  entitled;  provided  that  such
34    recovery  shall not be enforced against any real estate while
HB1784 Engrossed            -5-                LRB9003827PTcw
 1    it is occupied as a homestead  by  the  surviving  spouse  or
 2    other  dependent,  if  no claims by other creditors have been
 3    filed against the estate, or, if such claims have been filed,
 4    they remain dormant for failure of prosecution or failure  of
 5    the  claimant  to compel administration of the estate for the
 6    purpose of payment.  This paragraph shall  not  bar  recovery
 7    from  the estate of a spouse, under Sections 1915 and 1924 of
 8    the Social Security Act  and  Section  5-4  of  the  Illinois
 9    Public  Aid  Code,  who  precedes a person receiving services
10    under this Section in death.  All moneys for services paid to
11    or in behalf of  the  person  under  this  Section  shall  be
12    claimed  for  recovery  from  the  deceased  spouse's estate.
13    "Homestead", as used in this paragraph,  means  the  dwelling
14    house  and  contiguous  real  estate  occupied by a surviving
15    spouse or relative, as defined by the rules  and  regulations
16    of  the  Illinois Department of Public Aid, regardless of the
17    value of the property.
18        The  Department  shall  develop  procedures  to   enhance
19    availability  of  services  on  evenings, weekends, and on an
20    emergency basis to meet  the  respite  needs  of  caregivers.
21    Procedures  shall  be  developed to permit the utilization of
22    services in successive blocks of 24 hours up to  the  monthly
23    maximum  established  by  the Department.   Workers providing
24    these services shall be appropriately trained.
25        The  Department  shall  work  in  conjunction  with   the
26    Alzheimer's   Task  Force  and  members  of  the  Alzheimer's
27    Association  and  other  senior  citizens'  organizations  in
28    developing these procedures by December 30, 1991.
29        Beginning on the effective date of this Amendatory Act of
30    1991, no person may perform chore/housekeeping and  homemaker
31    services  under  a  program authorized by this Section unless
32    that person has been issued a certificate of  pre-service  to
33    do  so  by his or her employing agency.  Information gathered
34    to effect such certification shall include (i)  the  person's
HB1784 Engrossed            -6-                LRB9003827PTcw
 1    name,  (ii)  the  date  the  person  was  hired by his or her
 2    current employer, and (iii) the training, including dates and
 3    levels.  Persons engaged in the program  authorized  by  this
 4    Section  before  the effective date of this Amendatory Act of
 5    1991 shall be issued a certificate of all pre- and in-service
 6    training  from  his  or  her  employer  upon  submitting  the
 7    necessary  information.   The  employing  agency   shall   be
 8    required  to  retain records of all staff pre- and in-service
 9    training, and shall provide such records  to  the  Department
10    upon  request and upon termination of the employer's contract
11    with the Department.  In addition, the  employing  agency  is
12    responsible  for the issuance of certifications of in-service
13    training completed to their employees.
14        The Department is required to develop a system to  ensure
15    that  persons  working  as  homemakers and chore housekeepers
16    receive increases in their wages  when  the  federal  minimum
17    wage  is  increased by requiring vendors to certify that they
18    are meeting the federal minimum wage statute  for  homemakers
19    and  chore housekeepers.  An employer that cannot ensure that
20    the minimum wage increase is being given  to  homemakers  and
21    chore   housekeepers   shall   be   denied  any  increase  in
22    reimbursement costs.
23        The  Department  on   Aging   and   the   Department   of
24    Rehabilitation  Services  shall  cooperate in the development
25    and submission of an annual report on programs  and  services
26    provided under this Section. Such joint report shall be filed
27    with  the  Governor  and  the  General  Assembly on or before
28    September 30 each year.
29        The requirement for reporting  to  the  General  Assembly
30    shall  be  satisfied  by filing copies of the report with the
31    Speaker, the Minority Leader and the Clerk of  the  House  of
32    Representatives  and  the  President, the Minority Leader and
33    the Secretary of the  Senate  and  the  Legislative  Research
34    Unit,  as  required  by  Section  3.1 of the General Assembly
HB1784 Engrossed            -7-                LRB9003827PTcw
 1    Organization Act  and filing such additional copies with  the
 2    State  Government  Report Distribution Center for the General
 3    Assembly as is required under paragraph (t) of Section  7  of
 4    the State Library Act.
 5        Those  persons  previously  found  eligible for receiving
 6    non-institutional services whose services  were  discontinued
 7    under  the  Emergency Budget Act of Fiscal Year 1992, and who
 8    do not meet the eligibility standards in effect on  or  after
 9    July  1,  1992,  shall remain ineligible on and after July 1,
10    1992.  Those persons previously not  required  to  cost-share
11    and  who were required to cost-share effective March 1, 1992,
12    shall continue to meet cost-share requirements on  and  after
13    July  1,  1992.   Beginning July 1, 1992, all clients will be
14    required  to  meet   eligibility,   cost-share,   and   other
15    requirements  and  will have services discontinued or altered
16    when they fail to meet these requirements.
17    (Source: P.A. 89-21, eff. 7-1-95.)
18        (Text of Section after amendment by P.A. 89-507)
19        Sec. 4.02.  Preventive services.   The  Department  shall
20    establish  a  program  of  services  to  prevent  unnecessary
21    institutionalization  of  persons age 60 and older in need of
22    long term care or who are established as persons  who  suffer
23    from  Alzheimer's  disease  or  a  related disorder under the
24    Alzheimer's Disease Assistance Act, thereby enabling them  to
25    remain  in  their  own homes or in other living arrangements.
26    Such preventive services, which may be coordinated with other
27    programs for the aged and monitored by area agencies on aging
28    in cooperation with the Department, may include, but are  not
29    limited to, any or all of the following:
30        (a)  home health services;
31        (b)  home nursing services;
32        (c)  homemaker services;
33        (d)  chore and housekeeping services;
34        (e)  day care services;
HB1784 Engrossed            -8-                LRB9003827PTcw
 1        (f)  home-delivered meals;
 2        (g)  education in self-care;
 3        (h)  personal care services;
 4        (i)  adult day health services;
 5        (j)  habilitation services;
 6        (k)  respite care; or
 7        (l)  other nonmedical social services that may enable the
 8    person to become self-supporting.
 9        The  Department shall establish eligibility standards for
10    such services taking into consideration the  unique  economic
11    and  social  needs of the target population for whom they are
12    to be provided. Such eligibility standards shall be based  on
13    the  recipient's  ability  to  pay  for  services;  provided,
14    however,  that  in  determining  the  amount  and  nature  of
15    services  for which a person may qualify, consideration shall
16    not be given to the value of cash, property or  other  assets
17    held in the name of the person's spouse pursuant to a written
18    agreement  dividing  marital property into equal but separate
19    shares or pursuant to a transfer of the person's interest  in
20    a home to his spouse, provided that the spouse's share of the
21    marital  property is not made available to the person seeking
22    such services. The Department shall, in conjunction with  the
23    Department  of  Public Aid, seek appropriate amendments under
24    Sections 1915 and 1924  of  the  Social  Security  Act.   The
25    purpose  of the amendments shall be to extend eligibility for
26    home and community based services  under  Sections  1915  and
27    1924 of the Social Security Act to persons who transfer to or
28    for  the  benefit  of  a  spouse  those amounts of income and
29    resources allowed under Section 1924 of the  Social  Security
30    Act.   Subject  to  the  approval  of  such  amendments,  the
31    Department  shall extend the provisions of Section 5-4 of the
32    Illinois  Public  Aid  Code  to  persons  who,  but  for  the
33    provision of home or community-based services, would  require
34    the  level of care provided in an institution, as is provided
HB1784 Engrossed            -9-                LRB9003827PTcw
 1    for in federal law. Those  persons  no  longer  found  to  be
 2    eligible  for  receiving  noninstitutional  services  due  to
 3    changes  in  the  eligibility criteria shall be given 60 days
 4    notice prior to actual termination. Those  persons  receiving
 5    notice  of termination may contact the Department and request
 6    the 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
HB1784 Engrossed            -10-               LRB9003827PTcw
 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 Department shall
 7    execute, relative to the nursing home  prescreening  project,
 8    written  inter-agency agreements with the Department of Human
 9    Services and the Department of  Public  Aid,  to  effect  the
10    following:   (1)  intake  procedures  and  common eligibility
11    criteria   for    those    persons    who    are    receiving
12    non-institutional  services;  and  (2)  the establishment and
13    development of non-institutional services  in  areas  of  the
14    State   where   they  are  not  currently  available  or  are
15    undeveloped. On and after July  1,  1996,  all  nursing  home
16    prescreenings  for individuals 60 years of age or older shall
17    be conducted by the Department.
18        The Department is authorized to  establish  a  system  of
19    recipient copayment for services provided under this Section,
20    such  copayment  to  be based upon the recipient's ability to
21    pay but in no case to exceed the actual cost of the  services
22    provided.  Additionally,  any  portion  of  a person's income
23    which is equal to or less than the federal  poverty  standard
24    shall  not be considered by the Department in determining the
25    copayment. The level of  such  copayment  shall  be  adjusted
26    whenever  necessary  to  reflect any change in the officially
27    designated federal poverty standard.
28        The   Department,   or   the   Department's    authorized
29    representative,  shall  recover the amount of moneys expended
30    for services provided to or in behalf of a person under  this
31    Section by a claim against the person's estate or against the
32    estate  of the person's surviving spouse, but no recovery may
33    be had until after the death of the surviving spouse, if any,
34    and then only at such time when there is no  surviving  child
HB1784 Engrossed            -11-               LRB9003827PTcw
 1    who  is  under  age  21,  blind,  or  permanently and totally
 2    disabled.  This paragraph, however, shall not  bar  recovery,
 3    at  the  death of the person, of moneys for services provided
 4    to the person or in behalf of the person under  this  Section
 5    to  which  the  person  was  not entitled; provided that such
 6    recovery shall not be enforced against any real estate  while
 7    it  is  occupied  as  a  homestead by the surviving spouse or
 8    other dependent, if no claims by other  creditors  have  been
 9    filed against the estate, or, if such claims have been filed,
10    they  remain dormant for failure of prosecution or failure of
11    the claimant to compel administration of the estate  for  the
12    purpose  of  payment.   This paragraph shall not bar recovery
13    from the estate of a spouse, under Sections 1915 and 1924  of
14    the  Social  Security  Act  and  Section  5-4 of the Illinois
15    Public Aid Code, who precedes  a  person  receiving  services
16    under this Section in death.  All moneys for services paid to
17    or  in  behalf  of  the  person  under  this Section shall be
18    claimed for  recovery  from  the  deceased  spouse's  estate.
19    "Homestead",  as  used  in this paragraph, means the dwelling
20    house and contiguous real  estate  occupied  by  a  surviving
21    spouse  or  relative, as defined by the rules and regulations
22    of the Illinois Department of Public Aid, regardless  of  the
23    value of the property.
24        The   Department  shall  develop  procedures  to  enhance
25    availability of services on evenings,  weekends,  and  on  an
26    emergency  basis  to  meet  the  respite needs of caregivers.
27    Procedures shall be developed to permit  the  utilization  of
28    services  in  successive blocks of 24 hours up to the monthly
29    maximum established by the  Department.    Workers  providing
30    these  services  shall  be  appropriately  trained. After the
31    effective date of this amendatory Act of 1997, the Department
32    or authorized service providers shall  not  displace  workers
33    currently  providing  these  preventive  services,  including
34    partial  displacement  through  reduction of hours, wages, or
HB1784 Engrossed            -12-               LRB9003827PTcw
 1    benefits, with persons who have exhausted  their  federal  or
 2    State  public  assistance  benefits.   However,  when  hiring
 3    additional  workers to provide these preventive services, the
 4    Department  or  authorized  service   providers   shall   not
 5    discriminate against persons who have exhausted their federal
 6    or  State  public  assistance benefits.  The Department or an
 7    authorized service provider does not violate  the  provisions
 8    of  this  amendatory Act of 1997 when terminating for cause a
 9    worker currently providing these preventive services.
10        The  Department  shall  work  in  conjunction  with   the
11    Alzheimer's   Task  Force  and  members  of  the  Alzheimer's
12    Association  and  other  senior  citizens'  organizations  in
13    developing these procedures by December 30, 1991.
14        Beginning on the effective date of this Amendatory Act of
15    1991, no person may perform chore/housekeeping and  homemaker
16    services  under  a  program authorized by this Section unless
17    that person has been issued a certificate of  pre-service  to
18    do  so  by his or her employing agency.  Information gathered
19    to effect such certification shall include (i)  the  person's
20    name,  (ii)  the  date  the  person  was  hired by his or her
21    current employer, and (iii) the training, including dates and
22    levels.  Persons engaged in the program  authorized  by  this
23    Section  before  the effective date of this amendatory Act of
24    1991 shall be issued a certificate of all pre- and in-service
25    training  from  his  or  her  employer  upon  submitting  the
26    necessary  information.   The  employing  agency   shall   be
27    required  to  retain records of all staff pre- and in-service
28    training, and shall provide such records  to  the  Department
29    upon  request and upon termination of the employer's contract
30    with the Department.  In addition, the  employing  agency  is
31    responsible  for the issuance of certifications of in-service
32    training completed to their employees.
33        The Department is required to develop a system to  ensure
34    that  persons  working  as  homemakers and chore housekeepers
HB1784 Engrossed            -13-               LRB9003827PTcw
 1    receive increases in their wages  when  the  federal  minimum
 2    wage  is  increased by requiring vendors to certify that they
 3    are meeting the federal minimum wage statute  for  homemakers
 4    and  chore housekeepers.  An employer that cannot ensure that
 5    the minimum wage increase is being given  to  homemakers  and
 6    chore   housekeepers   shall   be   denied  any  increase  in
 7    reimbursement costs.
 8        The Department on  Aging  and  the  Department  of  Human
 9    Services shall cooperate in the development and submission of
10    an annual report on programs and services provided under this
11    Section.   Such joint report shall be filed with the Governor
12    and the General Assembly on or before September 30 each year.
13        The requirement for reporting  to  the  General  Assembly
14    shall  be  satisfied  by filing copies of the report with the
15    Speaker, the Minority Leader and the Clerk of  the  House  of
16    Representatives  and  the  President, the Minority Leader and
17    the Secretary of the  Senate  and  the  Legislative  Research
18    Unit,  as  required  by  Section  3.1 of the General Assembly
19    Organization Act  and filing such additional copies with  the
20    State  Government  Report Distribution Center for the General
21    Assembly as is required under paragraph (t) of Section  7  of
22    the State Library Act.
23        Those  persons  previously  found  eligible for receiving
24    non-institutional services whose services  were  discontinued
25    under  the  Emergency Budget Act of Fiscal Year 1992, and who
26    do not meet the eligibility standards in effect on  or  after
27    July  1,  1992,  shall remain ineligible on and after July 1,
28    1992.  Those persons previously not  required  to  cost-share
29    and  who were required to cost-share effective March 1, 1992,
30    shall continue to meet cost-share requirements on  and  after
31    July  1,  1992.   Beginning July 1, 1992, all clients will be
32    required  to  meet   eligibility,   cost-share,   and   other
33    requirements  and  will have services discontinued or altered
34    when they fail to meet these requirements.
HB1784 Engrossed            -14-               LRB9003827PTcw
 1    (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
 2        Section 10.  The Disabled Persons Rehabilitation  Act  is
 3    amended by changing Section 3 as follows:
 4        (20 ILCS 2405/3) (from Ch. 23, par. 3434)
 5        Sec.  3.  Powers  and  duties.  The Department shall have
 6    the powers and duties enumerated herein:
 7        (a)  To co-operate with the  federal  government  in  the
 8    administration    of    the   provisions   of   the   federal
 9    Rehabilitation Act of 1973, as amended, and  of  the  federal
10    Social  Security Act to the extent and in the manner provided
11    in these Acts.
12        (b)  To  prescribe  and   supervise   such   courses   of
13    vocational training and provide such other services as may be
14    necessary  for the habilitation and rehabilitation of persons
15    with one or more disabilities, including  the  administrative
16    activities  under  subsection  (e)  of  this  Section, and to
17    co-operate with State and local school authorities and  other
18    recognized  agencies  engaged in habilitation, rehabilitation
19    and comprehensive rehabilitation services; and  to  cooperate
20    with the Department of Children and Family Services regarding
21    the   care  and  education  of  children  with  one  or  more
22    disabilities.
23        (c)  To make such reports and submit such  plans  to  the
24    federal  government  as are required by the provisions of the
25    federal Rehabilitation Act of 1973, as amended,  and  by  the
26    rules  and  regulations  of  the  federal  agency or agencies
27    administering the federal  Rehabilitation  Act  of  1973,  as
28    amended, and the federal Social Security Act.
29        (d)  To  report  in writing, to the Governor, annually on
30    or before the first day of December, and at such other  times
31    and in such manner and upon such subjects as the Governor may
32    require.   The annual report shall contain (1) a statement of
HB1784 Engrossed            -15-               LRB9003827PTcw
 1    the  existing  condition  of   comprehensive   rehabilitation
 2    services, habilitation and rehabilitation in the State; (2) a
 3    statement  of  suggestions and recommendations with reference
 4    to the development of comprehensive rehabilitation  services,
 5    habilitation  and  rehabilitation  in  the  State; and (3) an
 6    itemized statement of the  amounts  of  money  received  from
 7    federal,  State  and  other  sources,  and of the objects and
 8    purposes to which  the  respective  items  of  these  several
 9    amounts have been devoted.
10        (e)  To  exercise,  pursuant  to  Section 13 of this Act,
11    executive   and   administrative   supervision    over    all
12    institutions,  divisions,  programs and services now existing
13    or hereafter acquired or created under  the  jurisdiction  of
14    the Department, including, but not limited to, the following:
15        The   Illinois   School  for  the  Visually  Impaired  at
16    Jacksonville, as provided under Section 10 of this Act,
17        The Illinois School for  the  Deaf  at  Jacksonville,  as
18    provided under Section 10 of this Act, and
19        The  Illinois Center for Rehabilitation and Education, as
20    provided under Section 11 of this Act.
21        (f)  To  establish  a  program  of  services  to  prevent
22    unnecessary institutionalization of persons with  Alzheimer's
23    disease and related disorders or persons in need of long term
24    care  who  are established as blind or disabled as defined by
25    the Social Security Act, thereby enabling them to  remain  in
26    their own homes or other living arrangements. Such preventive
27    services  may  include, but are not limited to, any or all of
28    the following:
29             (1)  home health services;
30             (2)  home nursing services;
31             (3)  homemaker services;
32             (4)  chore and housekeeping services;
33             (5)  day care services;
34             (6)  home-delivered meals;
HB1784 Engrossed            -16-               LRB9003827PTcw
 1             (7)  education in self-care;
 2             (8)  personal care services;
 3             (9)  adult day health services;
 4             (10)  habilitation services;
 5             (11)  respite care; or
 6             (12)  other  nonmedical  social  services  that  may
 7        enable the person to become self-supporting.
 8        The Department shall establish eligibility standards  for
 9    such  services  taking into consideration the unique economic
10    and social needs of the population for whom they  are  to  be
11    provided.   Such  eligibility  standards  may be based on the
12    recipient's ability to pay for services;  provided,  however,
13    that  any  portion  of  a person's income that is equal to or
14    less  than  the  "protected  income"  level  shall   not   be
15    considered by the Department in determining eligibility.  The
16    "protected   income"   level   shall  be  determined  by  the
17    Department, shall never be  less  than  the  federal  poverty
18    standard,  and shall be adjusted each year to reflect changes
19    in the Consumer  Price  Index  For  All  Urban  Consumers  as
20    determined   by   the  United  States  Department  of  Labor.
21    Additionally,  in  determining  the  amount  and  nature   of
22    services  for which a person may qualify, consideration shall
23    not be given to the value of cash, property or  other  assets
24    held in the name of the person's spouse pursuant to a written
25    agreement  dividing  marital property into equal but separate
26    shares or pursuant to a transfer of the person's interest  in
27    a home to his spouse, provided that the spouse's share of the
28    marital  property is not made available to the person seeking
29    such services.
30        The services shall be provided  to  eligible  persons  to
31    prevent unnecessary or premature institutionalization, to the
32    extent that the cost of the services, together with the other
33    personal  maintenance expenses of the persons, are reasonably
34    related to the standards established  for  care  in  a  group
HB1784 Engrossed            -17-               LRB9003827PTcw
 1    facility    appropriate    to    their    condition.    These
 2    non-institutional services, pilot  projects  or  experimental
 3    facilities may be provided as part of or in addition to those
 4    authorized by federal law or those funded and administered by
 5    the Illinois Department on Aging.
 6        Personal  care  attendants  shall  be  paid a $5 per hour
 7    minimum rate beginning July 1, 1995.
 8        The Department shall execute,  relative  to  the  nursing
 9    home  prescreening  project, as authorized by Section 4.03 of
10    the  Illinois  Act  on  the   Aging,   written   inter-agency
11    agreements with the Department on Aging and the Department of
12    Public  Aid,  to effect the following:  (i) intake procedures
13    and common eligibility criteria for  those  persons  who  are
14    receiving    non-institutional   services;   and   (ii)   the
15    establishment and development of  non-institutional  services
16    in  areas of the State where they are not currently available
17    or are undeveloped.  On and after July 1, 1996,  all  nursing
18    home prescreenings for individuals 18 through 59 years of age
19    shall be conducted by the Department.
20        The  Department  is  authorized  to establish a system of
21    recipient  cost-sharing  for  services  provided  under  this
22    Section.   The  cost-sharing  shall   be   based   upon   the
23    recipient's ability to pay for services, but in no case shall
24    the  recipient's share exceed the actual cost of the services
25    provided.  Protected income shall not be  considered  by  the
26    Department in its determination of the recipient's ability to
27    pay   a  share  of  the  cost  of  services.   The  level  of
28    cost-sharing shall be adjusted each year to  reflect  changes
29    in the "protected income" level.  The Department shall deduct
30    from  the recipient's share of the cost of services any money
31    expended by the recipient for disability-related expenses.
32        The   Department,   or   the   Department's    authorized
33    representative,  shall  recover the amount of moneys expended
34    for services provided to or in behalf of a person under  this
HB1784 Engrossed            -18-               LRB9003827PTcw
 1    Section by a claim against the person's estate or against the
 2    estate  of the person's surviving spouse, but no recovery may
 3    be had until after the death of the surviving spouse, if any,
 4    and then only at such time when there is no  surviving  child
 5    who  is  under  age  21,  blind,  or  permanently and totally
 6    disabled.  This paragraph, however, shall not  bar  recovery,
 7    at  the  death of the person, of moneys for services provided
 8    to the person or in behalf of the person under  this  Section
 9    to  which  the  person  was  not entitled; provided that such
10    recovery shall not be enforced against any real estate  while
11    it  is  occupied  as  a  homestead by the surviving spouse or
12    other dependent, if no claims by other  creditors  have  been
13    filed against the estate, or, if such claims have been filed,
14    they  remain dormant for failure of prosecution or failure of
15    the claimant to compel administration of the estate  for  the
16    purpose  of  payment.   This paragraph shall not bar recovery
17    from the estate of a spouse, under Sections 1915 and 1924  of
18    the  Social  Security  Act  and  Section  5-4 of the Illinois
19    Public Aid Code, who precedes  a  person  receiving  services
20    under this Section in death.  All moneys for services paid to
21    or  in  behalf  of  the  person  under  this Section shall be
22    claimed for  recovery  from  the  deceased  spouse's  estate.
23    "Homestead",  as  used  in this paragraph, means the dwelling
24    house and contiguous real  estate  occupied  by  a  surviving
25    spouse  or  relative, as defined by the rules and regulations
26    of the Illinois Department of Public Aid, regardless  of  the
27    value of the property.
28        After  the effective date of this amendatory Act of 1997,
29    authorized  service  providers  shall  not  displace  workers
30    currently  providing  these  preventive  services,  including
31    partial displacement through reduction of  hours,  wages,  or
32    benefits,  with  persons  who have exhausted their federal or
33    State public assistance benefits.  The Department  shall  not
34    establish   a   policy  displacing  workers  providing  these
HB1784 Engrossed            -19-               LRB9003827PTcw
 1    preventive services, including partial  displacement  through
 2    reduction of hours, wages, or benefits, with persons who have
 3    exhausted  their federal or State public assistance benefits.
 4    However, when hiring  additional  workers  to  provide  these
 5    preventive  services,  the  Department  or authorized service
 6    providers shall not discriminate  against  persons  who  have
 7    exhausted  their federal or State public assistance benefits.
 8    The Department or an authorized  service  provider  does  not
 9    violate  the  provisions  of this amendatory Act of 1997 when
10    terminating for cause  a  worker  currently  providing  these
11    preventive services.
12        The   Department   and  the  Department  on  Aging  shall
13    cooperate in the development  and  submission  of  an  annual
14    report  on programs and services provided under this Section.
15    Such joint report shall be filed with the  Governor  and  the
16    General Assembly on or before September 30 each year.
17        The  requirement  for  reporting  to the General Assembly
18    shall be satisfied by filing copies of the  report  with  the
19    Speaker,  the  Minority  Leader and the Clerk of the House of
20    Representatives and the President, the  Minority  Leader  and
21    the  Secretary  of  the  Senate  and the Legislative Research
22    Unit, as required by Section  3.1  of  the  General  Assembly
23    Organization Act, and filing additional copies with the State
24    Government   Report   Distribution  Center  for  the  General
25    Assembly as required under paragraph (t) of Section 7 of  the
26    State Library Act.
27        (g)  To  establish such subdivisions of the Department as
28    shall be desirable and assign to the various subdivisions the
29    responsibilities and duties placed  upon  the  Department  by
30    law.
31        (h)  To cooperate and enter into any necessary agreements
32    with  the Department of Employment Security for the provision
33    of job placement and job referral services to clients of  the
34    Department,   including  job  service  registration  of  such
HB1784 Engrossed            -20-               LRB9003827PTcw
 1    clients with Illinois Employment Security offices and  making
 2    job  listings  maintained  by  the  Department  of Employment
 3    Security available to such clients.
 4        (i)  To possess all powers reasonable and  necessary  for
 5    the  exercise  and  administration  of the powers, duties and
 6    responsibilities of the Department which are provided for  by
 7    law.
 8        (j)  To  establish  a  procedure whereby new providers of
 9    personal care attendant services shall submit vouchers to the
10    State for payment two  times  during  their  first  month  of
11    employment  and  one  time  per month thereafter.  In no case
12    shall the Department pay personal care attendants  an  hourly
13    wage that is less than the federal minimum wage.
14        (k)  To provide adequate notice to providers of chore and
15    housekeeping  services  informing them that they are entitled
16    to an interest payment on bills which are not  promptly  paid
17    pursuant to Section 3 of the State Prompt Payment Act.
18        (l)  To  establish,  operate  and  maintain  a  Statewide
19    Housing Clearinghouse of information on available, government
20    subsidized   housing   accessible  to  disabled  persons  and
21    available privately  owned  housing  accessible  to  disabled
22    persons.  The information shall include but not be limited to
23    the   location,  rental  requirements,  access  features  and
24    proximity to public transportation of available housing.  The
25    Clearinghouse  shall  consist  of  at  least  a  computerized
26    database for the storage and retrieval of information  and  a
27    separate  or  shared  toll  free  telephone number for use by
28    those seeking information from the Clearinghouse.  Department
29    offices and personnel throughout the State shall also  assist
30    in  the  operation  of  the  Statewide Housing Clearinghouse.
31    Cooperation with local, State and  federal  housing  managers
32    shall  be  sought  and  extended  in  order to frequently and
33    promptly update the Clearinghouse's information.
34    (Source: P.A. 88-172; 88-500; 88-670,  eff.  12-2-94;  89-21,
HB1784 Engrossed            -21-               LRB9003827PTcw
 1    eff. 7-1-95; 89-352, eff. 8-17-95; 89-626, eff. 8-9-96.)
 2        Section  95.  No  acceleration  or delay.  Where this Act
 3    makes changes in a statute that is represented in this Act by
 4    text that is not yet or no longer in effect (for  example,  a
 5    Section  represented  by  multiple versions), the use of that
 6    text does not accelerate or delay the taking  effect  of  (i)
 7    the  changes made by this Act or (ii) provisions derived from
 8    any other Public Act.

[ Top ]