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[ 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.