[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3423 20 ILCS 2405/3 from Ch. 23, par. 3434 Amends the Disabled Persons Rehabilitation Act to provide that beginning July 1, 1998, personal care attendants shall receive a minimum hourly wage that is at least 73% of the average per hour amount paid to vendors by the Department on Aging for housekeeping and homemaking services in the Community Care Program. Effective July 1, 1998. LRB9010279PTsb LRB9010279PTsb 1 AN ACT to amend the Disabled Persons Rehabilitation Act 2 by changing Section 3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Disabled Persons Rehabilitation Act is 6 amended by changing Section 3 as follows: 7 (20 ILCS 2405/3) (from Ch. 23, par. 3434) 8 Sec. 3. Powers and duties. The Department shall have the 9 powers and duties enumerated herein: 10 (a) To co-operate with the federal government in the 11 administration of the provisions of the federal 12 Rehabilitation Act of 1973, as amended, and of the federal 13 Social Security Act to the extent and in the manner provided 14 in these Acts. 15 (b) To prescribe and supervise such courses of 16 vocational training and provide such other services as may be 17 necessary for the habilitation and rehabilitation of persons 18 with one or more disabilities, including the administrative 19 activities under subsection (e) of this Section, and to 20 co-operate with State and local school authorities and other 21 recognized agencies engaged in habilitation, rehabilitation 22 and comprehensive rehabilitation services; and to cooperate 23 with the Department of Children and Family Services regarding 24 the care and education of children with one or more 25 disabilities. 26 (c) To make such reports and submit such plans to the 27 federal government as are required by the provisions of the 28 federal Rehabilitation Act of 1973, as amended, and by the 29 rules and regulations of the federal agency or agencies 30 administering the federal Rehabilitation Act of 1973, as 31 amended, and the federal Social Security Act. -2- LRB9010279PTsb 1 (d) To report in writing, to the Governor, annually on 2 or before the first day of December, and at such other times 3 and in such manner and upon such subjects as the Governor may 4 require. The annual report shall contain (1) a statement of 5 the existing condition of comprehensive rehabilitation 6 services, habilitation and rehabilitation in the State; (2) a 7 statement of suggestions and recommendations with reference 8 to the development of comprehensive rehabilitation services, 9 habilitation and rehabilitation in the State; and (3) an 10 itemized statement of the amounts of money received from 11 federal, State and other sources, and of the objects and 12 purposes to which the respective items of these several 13 amounts have been devoted. 14 (e) To exercise, pursuant to Section 13 of this Act, 15 executive and administrative supervision over all 16 institutions, divisions, programs and services now existing 17 or hereafter acquired or created under the jurisdiction of 18 the Department, including, but not limited to, the following: 19 The Illinois School for the Visually Impaired at 20 Jacksonville, as provided under Section 10 of this Act, 21 The Illinois School for the Deaf at Jacksonville, as 22 provided under Section 10 of this Act, and 23 The Illinois Center for Rehabilitation and Education, as 24 provided under Section 11 of this Act. 25 (f) To establish a program of services to prevent 26 unnecessary institutionalization of persons with Alzheimer's 27 disease and related disorders or persons in need of long term 28 care who are established as blind or disabled as defined by 29 the Social Security Act, thereby enabling them to remain in 30 their own homes or other living arrangements. Such preventive 31 services may include, but are not limited to, any or all of 32 the following: 33 (1) home health services; 34 (2) home nursing services; -3- LRB9010279PTsb 1 (3) homemaker services; 2 (4) chore and housekeeping services; 3 (5) day care services; 4 (6) home-delivered meals; 5 (7) education in self-care; 6 (8) personal care services; 7 (9) adult day health services; 8 (10) habilitation services; 9 (11) respite care; or 10 (12) other nonmedical social services that may 11 enable the person to become self-supporting. 12 The Department shall establish eligibility standards for 13 such services taking into consideration the unique economic 14 and social needs of the population for whom they are to be 15 provided. Such eligibility standards may be based on the 16 recipient's ability to pay for services; provided, however, 17 that any portion of a person's income that is equal to or 18 less than the "protected income" level shall not be 19 considered by the Department in determining eligibility. The 20 "protected income" level shall be determined by the 21 Department, shall never be less than the federal poverty 22 standard, and shall be adjusted each year to reflect changes 23 in the Consumer Price Index For All Urban Consumers as 24 determined by the United States Department of Labor. 25 Additionally, in determining the amount and nature of 26 services for which a person may qualify, consideration shall 27 not be given to the value of cash, property or other assets 28 held in the name of the person's spouse pursuant to a written 29 agreement dividing marital property into equal but separate 30 shares or pursuant to a transfer of the person's interest in 31 a home to his spouse, provided that the spouse's share of the 32 marital property is not made available to the person seeking 33 such services. 34 The services shall be provided to eligible persons to -4- LRB9010279PTsb 1 prevent unnecessary or premature institutionalization, to the 2 extent that the cost of the services, together with the other 3 personal maintenance expenses of the persons, are reasonably 4 related to the standards established for care in a group 5 facility appropriate to their condition. These 6 non-institutional services, pilot projects or experimental 7 facilities may be provided as part of or in addition to those 8 authorized by federal law or those funded and administered by 9 the Illinois Department on Aging. 10 Personal care attendants shall be paid: 11 (i) A $5 per hour minimum rate beginning July 1, 12 1995. 13 (ii) A $5.30 per hour minimum rate beginning July 14 1, 1997. 15 (iii) Beginning July 1, 1998, a minimum hourly wage 16 that is at least 73% of the average per hour amount paid 17 to vendors by the Department on Aging for housekeeping 18 and homemaking services in the Community Care Program
A19 $5.40 per hour minimum rate beginning July 1, 1998. 20 The Department shall execute, relative to the nursing 21 home prescreening project, as authorized by Section 4.03 of 22 the Illinois Act on the Aging, written inter-agency 23 agreements with the Department on Aging and the Department of 24 Public Aid, to effect the following: (i) intake procedures 25 and common eligibility criteria for those persons who are 26 receiving non-institutional services; and (ii) the 27 establishment and development of non-institutional services 28 in areas of the State where they are not currently available 29 or are undeveloped. On and after July 1, 1996, all nursing 30 home prescreenings for individuals 18 through 59 years of age 31 shall be conducted by the Department. 32 The Department is authorized to establish a system of 33 recipient cost-sharing for services provided under this 34 Section. The cost-sharing shall be based upon the -5- LRB9010279PTsb 1 recipient's ability to pay for services, but in no case shall 2 the recipient's share exceed the actual cost of the services 3 provided. Protected income shall not be considered by the 4 Department in its determination of the recipient's ability to 5 pay a share of the cost of services. The level of 6 cost-sharing shall be adjusted each year to reflect changes 7 in the "protected income" level. The Department shall deduct 8 from the recipient's share of the cost of services any money 9 expended by the recipient for disability-related expenses. 10 The Department, or the Department's authorized 11 representative, shall recover the amount of moneys expended 12 for services provided to or in behalf of a person under this 13 Section by a claim against the person's estate or against the 14 estate of the person's surviving spouse, but no recovery may 15 be had until after the death of the surviving spouse, if any, 16 and then only at such time when there is no surviving child 17 who is under age 21, blind, or permanently and totally 18 disabled. This paragraph, however, shall not bar recovery, 19 at the death of the person, of moneys for services provided 20 to the person or in behalf of the person under this Section 21 to which the person was not entitled; provided that such 22 recovery shall not be enforced against any real estate while 23 it is occupied as a homestead by the surviving spouse or 24 other dependent, if no claims by other creditors have been 25 filed against the estate, or, if such claims have been filed, 26 they remain dormant for failure of prosecution or failure of 27 the claimant to compel administration of the estate for the 28 purpose of payment. This paragraph shall not bar recovery 29 from the estate of a spouse, under Sections 1915 and 1924 of 30 the Social Security Act and Section 5-4 of the Illinois 31 Public Aid Code, who precedes a person receiving services 32 under this Section in death. All moneys for services paid to 33 or in behalf of the person under this Section shall be 34 claimed for recovery from the deceased spouse's estate. -6- LRB9010279PTsb 1 "Homestead", as used in this paragraph, means the dwelling 2 house and contiguous real estate occupied by a surviving 3 spouse or relative, as defined by the rules and regulations 4 of the Illinois Department of Public Aid, regardless of the 5 value of the property. 6 The Department and the Department on Aging shall 7 cooperate in the development and submission of an annual 8 report on programs and services provided under this Section. 9 Such joint report shall be filed with the Governor and the 10 General Assembly on or before September 30 each year. 11 The requirement for reporting to the General Assembly 12 shall be satisfied by filing copies of the report with the 13 Speaker, the Minority Leader and the Clerk of the House of 14 Representatives and the President, the Minority Leader and 15 the Secretary of the Senate and the Legislative Research 16 Unit, as required by Section 3.1 of the General Assembly 17 Organization Act, and filing additional copies with the State 18 Government Report Distribution Center for the General 19 Assembly as required under paragraph (t) of Section 7 of the 20 State Library Act. 21 (g) To establish such subdivisions of the Department as 22 shall be desirable and assign to the various subdivisions the 23 responsibilities and duties placed upon the Department by 24 law. 25 (h) To cooperate and enter into any necessary agreements 26 with the Department of Employment Security for the provision 27 of job placement and job referral services to clients of the 28 Department, including job service registration of such 29 clients with Illinois Employment Security offices and making 30 job listings maintained by the Department of Employment 31 Security available to such clients. 32 (i) To possess all powers reasonable and necessary for 33 the exercise and administration of the powers, duties and 34 responsibilities of the Department which are provided for by -7- LRB9010279PTsb 1 law. 2 (j) To establish a procedure whereby new providers of 3 personal care attendant services shall submit vouchers to the 4 State for payment two times during their first month of 5 employment and one time per month thereafter. In no case 6 shall the Department pay personal care attendants an hourly 7 wage that is less than the federal minimum wage. 8 (k) To provide adequate notice to providers of chore and 9 housekeeping services informing them that they are entitled 10 to an interest payment on bills which are not promptly paid 11 pursuant to Section 3 of the State Prompt Payment Act. 12 (l) To establish, operate and maintain a Statewide 13 Housing Clearinghouse of information on available, government 14 subsidized housing accessible to disabled persons and 15 available privately owned housing accessible to disabled 16 persons. The information shall include but not be limited to 17 the location, rental requirements, access features and 18 proximity to public transportation of available housing. The 19 Clearinghouse shall consist of at least a computerized 20 database for the storage and retrieval of information and a 21 separate or shared toll free telephone number for use by 22 those seeking information from the Clearinghouse. Department 23 offices and personnel throughout the State shall also assist 24 in the operation of the Statewide Housing Clearinghouse. 25 Cooperation with local, State and federal housing managers 26 shall be sought and extended in order to frequently and 27 promptly update the Clearinghouse's information. 28 (Source: P.A. 89-21, eff. 7-1-95; 89-352, eff. 8-17-95; 29 89-626, eff. 8-9-96; 90-365, eff. 8-10-97.) 30 Section 99. Effective date. This Act takes effect July 31 1, 1998.
[ Top ]