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90_HB3424
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. Provides that
vendors of homemaker and chore housekeeper services shall
receive a pay rate increase of 10%. Amends the Disabled
Persons Rehabilitation Act. Provides that personal care
attendants shall receive a per hour wage increase of 10%.
Effective July 1, 1998.
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1 AN ACT regarding preventitive services administration.
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 Sec. 4.02. Preventive services The Department shall
8 establish a program of services to prevent unnecessary
9 institutionalization of persons age 60 and older in need of
10 long term care or who are established as persons who suffer
11 from Alzheimer's disease or a related disorder under the
12 Alzheimer's Disease Assistance Act, thereby enabling them to
13 remain in their own homes or in other living arrangements.
14 Such preventive services, which may be coordinated with other
15 programs for the aged and monitored by area agencies on aging
16 in cooperation with the Department, may include, but are not
17 limited to, any or all of the following:
18 (a) home health services;
19 (b) home nursing services;
20 (c) homemaker services;
21 (d) chore and housekeeping services;
22 (e) day care services;
23 (f) home-delivered meals;
24 (g) education in self-care;
25 (h) personal care services;
26 (i) adult day health services;
27 (j) habilitation services;
28 (k) respite care; or
29 (l) other nonmedical social services that may enable the
30 person to become self-supporting.
31 The Department shall establish eligibility standards for
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1 such services taking into consideration the unique economic
2 and social needs of the target population for whom they are
3 to be provided. Such eligibility standards shall be based on
4 the recipient's ability to pay for services; provided,
5 however, that in determining the amount and nature of
6 services for which a person may qualify, consideration shall
7 not be given to the value of cash, property or other assets
8 held in the name of the person's spouse pursuant to a written
9 agreement dividing marital property into equal but separate
10 shares or pursuant to a transfer of the person's interest in
11 a home to his spouse, provided that the spouse's share of the
12 marital property is not made available to the person seeking
13 such services. The Department shall, in conjunction with the
14 Department of Public Aid, seek appropriate amendments under
15 Sections 1915 and 1924 of the Social Security Act. The
16 purpose of the amendments shall be to extend eligibility for
17 home and community based services under Sections 1915 and
18 1924 of the Social Security Act to persons who transfer to or
19 for the benefit of a spouse those amounts of income and
20 resources allowed under Section 1924 of the Social Security
21 Act. Subject to the approval of such amendments, the
22 Department shall extend the provisions of Section 5-4 of the
23 Illinois Public Aid Code to persons who, but for the
24 provision of home or community-based services, would require
25 the level of care provided in an institution, as is provided
26 for in federal law. Those persons no longer found to be
27 eligible for receiving noninstitutional services due to
28 changes in the eligibility criteria shall be given 60 days
29 notice prior to actual termination. Those persons receiving
30 notice of termination may contact the Department and request
31 the determination be appealed at any time during the 60 day
32 notice period. With the exception of the lengthened notice
33 and time frame for the appeal request, the appeal process
34 shall follow the normal procedure. In addition, each person
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1 affected regardless of the circumstances for discontinued
2 eligibility shall be given notice and the opportunity to
3 purchase the necessary services through the Community Care
4 Program. If the individual does not elect to purchase
5 services, the Department shall advise the individual of
6 alternative services. The target population identified for
7 the purposes of this Section are persons age 60 and older
8 with an identified service need. Priority shall be given to
9 those who are at imminent risk of institutionalization. The
10 services shall be provided to eligible persons age 60 and
11 older to the extent that the cost of the services together
12 with the other personal maintenance expenses of the persons
13 are reasonably related to the standards established for care
14 in a group facility appropriate to the person's condition.
15 These non-institutional services, pilot projects or
16 experimental facilities may be provided as part of or in
17 addition to those authorized by federal law or those funded
18 and administered by the Department of Human Services. The
19 Departments of Human Services, Public Aid, Public Health,
20 Veterans' Affairs, and Commerce and Community Affairs and
21 other appropriate agencies of State, federal and local
22 governments shall cooperate with the Department on Aging in
23 the establishment and development of the non-institutional
24 services. The Department shall require an annual audit from
25 all chore/housekeeping and homemaker vendors contracting with
26 the Department under this Section. The annual audit shall
27 assure that each audited vendor's procedures are in
28 compliance with Department's financial reporting guidelines
29 requiring a 27% administrative cost split and a 73% employee
30 wages and benefits cost split. The audit is a public record
31 under the Freedom of Information Act. The Department shall
32 execute, relative to the nursing home prescreening project,
33 written inter-agency agreements with the Department of Human
34 Services and the Department of Public Aid, to effect the
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1 following: (1) intake procedures and common eligibility
2 criteria for those persons who are receiving
3 non-institutional services; and (2) the establishment and
4 development of non-institutional services in areas of the
5 State where they are not currently available or are
6 undeveloped. On and after July 1, 1996, all nursing home
7 prescreenings for individuals 60 years of age or older shall
8 be conducted by the Department.
9 The Department is authorized to establish a system of
10 recipient copayment for services provided under this Section,
11 such copayment to be based upon the recipient's ability to
12 pay but in no case to exceed the actual cost of the services
13 provided. Additionally, any portion of a person's income
14 which is equal to or less than the federal poverty standard
15 shall not be considered by the Department in determining the
16 copayment. The level of such copayment shall be adjusted
17 whenever necessary to reflect any change in the officially
18 designated federal poverty standard.
19 The Department, or the Department's authorized
20 representative, shall recover the amount of moneys expended
21 for services provided to or in behalf of a person under this
22 Section by a claim against the person's estate or against the
23 estate of the person's surviving spouse, but no recovery may
24 be had until after the death of the surviving spouse, if any,
25 and then only at such time when there is no surviving child
26 who is under age 21, blind, or permanently and totally
27 disabled. This paragraph, however, shall not bar recovery,
28 at the death of the person, of moneys for services provided
29 to the person or in behalf of the person under this Section
30 to which the person was not entitled; provided that such
31 recovery shall not be enforced against any real estate while
32 it is occupied as a homestead by the surviving spouse or
33 other dependent, if no claims by other creditors have been
34 filed against the estate, or, if such claims have been filed,
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1 they remain dormant for failure of prosecution or failure of
2 the claimant to compel administration of the estate for the
3 purpose of payment. This paragraph shall not bar recovery
4 from the estate of a spouse, under Sections 1915 and 1924 of
5 the Social Security Act and Section 5-4 of the Illinois
6 Public Aid Code, who precedes a person receiving services
7 under this Section in death. All moneys for services paid to
8 or in behalf of the person under this Section shall be
9 claimed for recovery from the deceased spouse's estate.
10 "Homestead", as used in this paragraph, means the dwelling
11 house and contiguous real estate occupied by a surviving
12 spouse or relative, as defined by the rules and regulations
13 of the Illinois Department of Public Aid, regardless of the
14 value of the property.
15 The Department shall develop procedures to enhance
16 availability of services on evenings, weekends, and on an
17 emergency basis to meet the respite needs of caregivers.
18 Procedures shall be developed to permit the utilization of
19 services in successive blocks of 24 hours up to the monthly
20 maximum established by the Department. Workers providing
21 these services shall be appropriately trained.
22 The Department shall work in conjunction with the
23 Alzheimer's Task Force and members of the Alzheimer's
24 Association and other senior citizens' organizations in
25 developing these procedures by December 30, 1991.
26 Beginning on the effective date of this Amendatory Act of
27 1991, no person may perform chore/housekeeping and homemaker
28 services under a program authorized by this Section unless
29 that person has been issued a certificate of pre-service to
30 do so by his or her employing agency. Information gathered
31 to effect such certification shall include (i) the person's
32 name, (ii) the date the person was hired by his or her
33 current employer, and (iii) the training, including dates and
34 levels. Persons engaged in the program authorized by this
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1 Section before the effective date of this amendatory Act of
2 1991 shall be issued a certificate of all pre- and in-service
3 training from his or her employer upon submitting the
4 necessary information. The employing agency shall be
5 required to retain records of all staff pre- and in-service
6 training, and shall provide such records to the Department
7 upon request and upon termination of the employer's contract
8 with the Department. In addition, the employing agency is
9 responsible for the issuance of certifications of in-service
10 training completed to their employees.
11 The Department is required to develop a system to ensure
12 that persons working as homemakers and chore housekeepers
13 receive increases in their wages when the federal minimum
14 wage is increased by requiring vendors to certify that they
15 are meeting the federal minimum wage statute for homemakers
16 and chore housekeepers. An employer that cannot ensure that
17 the minimum wage increase is being given to homemakers and
18 chore housekeepers shall be denied any increase in
19 reimbursement costs. Beginning July 1, 1998, the vendors
20 shall receive a pay rate increase of 10%.
21 The Department on Aging and the Department of Human
22 Services shall cooperate in the development and submission of
23 an annual report on programs and services provided under this
24 Section. Such joint report shall be filed with the Governor
25 and the General Assembly on or before September 30 each year.
26 The requirement for reporting to the General Assembly
27 shall be satisfied by filing copies of the report with the
28 Speaker, the Minority Leader and the Clerk of the House of
29 Representatives and the President, the Minority Leader and
30 the Secretary of the Senate and the Legislative Research
31 Unit, as required by Section 3.1 of the General Assembly
32 Organization Act and filing such additional copies with the
33 State Government Report Distribution Center for the General
34 Assembly as is required under paragraph (t) of Section 7 of
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1 the State Library Act.
2 Those persons previously found eligible for receiving
3 non-institutional services whose services were discontinued
4 under the Emergency Budget Act of Fiscal Year 1992, and who
5 do not meet the eligibility standards in effect on or after
6 July 1, 1992, shall remain ineligible on and after July 1,
7 1992. Those persons previously not required to cost-share
8 and who were required to cost-share effective March 1, 1992,
9 shall continue to meet cost-share requirements on and after
10 July 1, 1992. Beginning July 1, 1992, all clients will be
11 required to meet eligibility, cost-share, and other
12 requirements and will have services discontinued or altered
13 when they fail to meet these requirements.
14 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
15 Section 10. The Disabled Persons Rehabilitation Act is
16 amended by changing Section 3 as follows:
17 (20 ILCS 2405/3) (from Ch. 23, par. 3434)
18 Sec. 3. Powers and duties. The Department shall have the
19 powers and duties enumerated herein:
20 (a) To co-operate with the federal government in the
21 administration of the provisions of the federal
22 Rehabilitation Act of 1973, as amended, and of the federal
23 Social Security Act to the extent and in the manner provided
24 in these Acts.
25 (b) To prescribe and supervise such courses of
26 vocational training and provide such other services as may be
27 necessary for the habilitation and rehabilitation of persons
28 with one or more disabilities, including the administrative
29 activities under subsection (e) of this Section, and to
30 co-operate with State and local school authorities and other
31 recognized agencies engaged in habilitation, rehabilitation
32 and comprehensive rehabilitation services; and to cooperate
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1 with the Department of Children and Family Services regarding
2 the care and education of children with one or more
3 disabilities.
4 (c) To make such reports and submit such plans to the
5 federal government as are required by the provisions of the
6 federal Rehabilitation Act of 1973, as amended, and by the
7 rules and regulations of the federal agency or agencies
8 administering the federal Rehabilitation Act of 1973, as
9 amended, and the federal Social Security Act.
10 (d) To report in writing, to the Governor, annually on
11 or before the first day of December, and at such other times
12 and in such manner and upon such subjects as the Governor may
13 require. The annual report shall contain (1) a statement of
14 the existing condition of comprehensive rehabilitation
15 services, habilitation and rehabilitation in the State; (2) a
16 statement of suggestions and recommendations with reference
17 to the development of comprehensive rehabilitation services,
18 habilitation and rehabilitation in the State; and (3) an
19 itemized statement of the amounts of money received from
20 federal, State and other sources, and of the objects and
21 purposes to which the respective items of these several
22 amounts have been devoted.
23 (e) To exercise, pursuant to Section 13 of this Act,
24 executive and administrative supervision over all
25 institutions, divisions, programs and services now existing
26 or hereafter acquired or created under the jurisdiction of
27 the Department, including, but not limited to, the following:
28 The Illinois School for the Visually Impaired at
29 Jacksonville, as provided under Section 10 of this Act,
30 The Illinois School for the Deaf at Jacksonville, as
31 provided under Section 10 of this Act, and
32 The Illinois Center for Rehabilitation and Education, as
33 provided under Section 11 of this Act.
34 (f) To establish a program of services to prevent
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1 unnecessary institutionalization of persons with Alzheimer's
2 disease and related disorders or persons in need of long term
3 care who are established as blind or disabled as defined by
4 the Social Security Act, thereby enabling them to remain in
5 their own homes or other living arrangements. Such preventive
6 services may include, but are not limited to, any or all of
7 the following:
8 (1) home health services;
9 (2) home nursing services;
10 (3) homemaker services;
11 (4) chore and housekeeping services;
12 (5) day care services;
13 (6) home-delivered meals;
14 (7) education in self-care;
15 (8) personal care services;
16 (9) adult day health services;
17 (10) habilitation services;
18 (11) respite care; or
19 (12) other nonmedical social services that may
20 enable the person to become self-supporting.
21 The Department shall establish eligibility standards for
22 such services taking into consideration the unique economic
23 and social needs of the population for whom they are to be
24 provided. Such eligibility standards may be based on the
25 recipient's ability to pay for services; provided, however,
26 that any portion of a person's income that is equal to or
27 less than the "protected income" level shall not be
28 considered by the Department in determining eligibility. The
29 "protected income" level shall be determined by the
30 Department, shall never be less than the federal poverty
31 standard, and shall be adjusted each year to reflect changes
32 in the Consumer Price Index For All Urban Consumers as
33 determined by the United States Department of Labor.
34 Additionally, in determining the amount and nature of
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1 services for which a person may qualify, consideration shall
2 not be given to the value of cash, property or other assets
3 held in the name of the person's spouse pursuant to a written
4 agreement dividing marital property into equal but separate
5 shares or pursuant to a transfer of the person's interest in
6 a home to his spouse, provided that the spouse's share of the
7 marital property is not made available to the person seeking
8 such services.
9 The services shall be provided to eligible persons to
10 prevent unnecessary or premature institutionalization, to the
11 extent that the cost of the services, together with the other
12 personal maintenance expenses of the persons, are reasonably
13 related to the standards established for care in a group
14 facility appropriate to their condition. These
15 non-institutional services, pilot projects or experimental
16 facilities may be provided as part of or in addition to those
17 authorized by federal law or those funded and administered by
18 the Illinois Department on Aging.
19 Personal care attendants shall be paid:
20 (i) A $5 per hour minimum rate beginning July 1,
21 1995.
22 (ii) A $5.30 per hour minimum rate beginning July
23 1, 1997.
24 (iii) A 10% increase in their $5.40 per hour wage
25 minimum rate beginning July 1, 1998.
26 The Department shall execute, relative to the nursing
27 home prescreening project, as authorized by Section 4.03 of
28 the Illinois Act on the Aging, written inter-agency
29 agreements with the Department on Aging and the Department of
30 Public Aid, to effect the following: (i) intake procedures
31 and common eligibility criteria for those persons who are
32 receiving non-institutional services; and (ii) the
33 establishment and development of non-institutional services
34 in areas of the State where they are not currently available
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1 or are undeveloped. On and after July 1, 1996, all nursing
2 home prescreenings for individuals 18 through 59 years of age
3 shall be conducted by the Department.
4 The Department is authorized to establish a system of
5 recipient cost-sharing for services provided under this
6 Section. The cost-sharing shall be based upon the
7 recipient's ability to pay for services, but in no case shall
8 the recipient's share exceed the actual cost of the services
9 provided. Protected income shall not be considered by the
10 Department in its determination of the recipient's ability to
11 pay a share of the cost of services. The level of
12 cost-sharing shall be adjusted each year to reflect changes
13 in the "protected income" level. The Department shall deduct
14 from the recipient's share of the cost of services any money
15 expended by the recipient for disability-related expenses.
16 The Department, or the Department's authorized
17 representative, shall recover the amount of moneys expended
18 for services provided to or in behalf of a person under this
19 Section by a claim against the person's estate or against the
20 estate of the person's surviving spouse, but no recovery may
21 be had until after the death of the surviving spouse, if any,
22 and then only at such time when there is no surviving child
23 who is under age 21, blind, or permanently and totally
24 disabled. This paragraph, however, shall not bar recovery,
25 at the death of the person, of moneys for services provided
26 to the person or in behalf of the person under this Section
27 to which the person was not entitled; provided that such
28 recovery shall not be enforced against any real estate while
29 it is occupied as a homestead by the surviving spouse or
30 other dependent, if no claims by other creditors have been
31 filed against the estate, or, if such claims have been filed,
32 they remain dormant for failure of prosecution or failure of
33 the claimant to compel administration of the estate for the
34 purpose of payment. This paragraph shall not bar recovery
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1 from the estate of a spouse, under Sections 1915 and 1924 of
2 the Social Security Act and Section 5-4 of the Illinois
3 Public Aid Code, who precedes a person receiving services
4 under this Section in death. All moneys for services paid to
5 or in behalf of the person under this Section shall be
6 claimed for recovery from the deceased spouse's estate.
7 "Homestead", as used in this paragraph, means the dwelling
8 house and contiguous real estate occupied by a surviving
9 spouse or relative, as defined by the rules and regulations
10 of the Illinois Department of Public Aid, regardless of the
11 value of the property.
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
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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. 89-21, eff. 7-1-95; 89-352, eff. 8-17-95;
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1 89-626, eff. 8-9-96; 90-365, eff. 8-10-97.)
2 Section 99. Effective date. This Act takes effect July
3 1, 1998.