State of Illinois
91st General Assembly
Legislation

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91_HB1833eng

 
HB1833 Engrossed                               LRB9102175PTpk

 1        AN ACT concerning preventive services.

 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
 
HB1833 Engrossed            -2-                LRB9102175PTpk
 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
 
HB1833 Engrossed            -3-                LRB9102175PTpk
 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
 
HB1833 Engrossed            -4-                LRB9102175PTpk
 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,
 
HB1833 Engrossed            -5-                LRB9102175PTpk
 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
 
HB1833 Engrossed            -6-                LRB9102175PTpk
 1    Section before the effective date of this amendatory  Act  of
 2    1991  shall  be  issued  a certificate of all pre-service and
 3    in-service training from his or her employer upon  submitting
 4    the  necessary  information.   The  employing agency shall be
 5    required to retain  records  of  all  staff  pre-service  and
 6    in-service  training,  and  shall provide such records to the
 7    Department  upon  request  and  upon   termination   of   the
 8    employer's  contract  with  the Department.  In addition, the
 9    employing  agency  is  responsible  for   the   issuance   of
10    certifications  of  in-service  training  completed  to their
11    employees.
12        The Department is required to develop a system to  ensure
13    that  persons  working  as  homemakers and chore housekeepers
14    receive increases in their wages  when  the  federal  minimum
15    wage  is  increased by requiring vendors to certify that they
16    are meeting the federal minimum wage statute  for  homemakers
17    and  chore housekeepers.  An employer that cannot ensure that
18    the minimum wage increase is being given  to  homemakers  and
19    chore   housekeepers   shall   be   denied  any  increase  in
20    reimbursement costs. Beginning  July  1,  1999,  the  vendors
21    shall  receive  a rate increase equal to the percent increase
22    in the federal minimum wage each  time  the  federal  minimum
23    wage is increased.
24        The  Department  on  Aging  and  the  Department of Human
25    Services shall cooperate in the development and submission of
26    an annual report on programs and services provided under this
27    Section.  Such joint report shall be filed with the  Governor
28    and the General Assembly on or before 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
 
HB1833 Engrossed            -7-                LRB9102175PTpk
 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; 89-507, eff. 7-1-97.)

18        Section  10.   The Disabled Persons Rehabilitation Act is
19    amended by changing Section 3 as follows:

20        (20 ILCS 2405/3) (from Ch. 23, par. 3434)
21        Sec. 3.  Powers and duties. The Department shall have the
22    powers and duties enumerated herein:
23        (a)  To co-operate with the  federal  government  in  the
24    administration    of    the   provisions   of   the   federal
25    Rehabilitation Act of 1973, as amended, and  of  the  federal
26    Social  Security Act to the extent and in the manner provided
27    in these Acts.
28        (b)  To  prescribe  and   supervise   such   courses   of
29    vocational training and provide such other services as may be
30    necessary  for the habilitation and rehabilitation of persons
31    with one or more disabilities, including  the  administrative
32    activities  under  subsection  (e)  of  this  Section, and to
 
HB1833 Engrossed            -8-                LRB9102175PTpk
 1    co-operate with State and local school authorities and  other
 2    recognized  agencies  engaged in habilitation, rehabilitation
 3    and comprehensive rehabilitation services; and  to  cooperate
 4    with the Department of Children and Family Services regarding
 5    the   care  and  education  of  children  with  one  or  more
 6    disabilities.
 7        (c)  To make such reports and submit such  plans  to  the
 8    federal  government  as are required by the provisions of the
 9    federal Rehabilitation Act of 1973, as amended,  and  by  the
10    rules  and  regulations  of  the  federal  agency or agencies
11    administering the federal  Rehabilitation  Act  of  1973,  as
12    amended, and the federal Social Security Act.
13        (d)  To  report  in writing, to the Governor, annually on
14    or before the first day of December, and at such other  times
15    and in such manner and upon such subjects as the Governor may
16    require.   The annual report shall contain (1) a statement of
17    the  existing  condition  of   comprehensive   rehabilitation
18    services, habilitation and rehabilitation in the State; (2) a
19    statement  of  suggestions and recommendations with reference
20    to the development of comprehensive rehabilitation  services,
21    habilitation  and  rehabilitation  in  the  State; and (3) an
22    itemized statement of the  amounts  of  money  received  from
23    federal,  State  and  other  sources,  and of the objects and
24    purposes to which  the  respective  items  of  these  several
25    amounts have been devoted.
26        (e)  To  exercise,  pursuant  to  Section 13 of this Act,
27    executive   and   administrative   supervision    over    all
28    institutions,  divisions,  programs and services now existing
29    or hereafter acquired or created under  the  jurisdiction  of
30    the Department, including, but not limited to, the following:
31        The   Illinois   School  for  the  Visually  Impaired  at
32    Jacksonville, as provided under Section 10 of this Act,
33        The Illinois School for  the  Deaf  at  Jacksonville,  as
34    provided under Section 10 of this Act, and
 
HB1833 Engrossed            -9-                LRB9102175PTpk
 1        The  Illinois Center for Rehabilitation and Education, as
 2    provided under Section 11 of this Act.
 3        (f)  To  establish  a  program  of  services  to  prevent
 4    unnecessary institutionalization of persons with  Alzheimer's
 5    disease and related disorders or persons in need of long term
 6    care  who  are established as blind or disabled as defined by
 7    the Social Security Act, thereby enabling them to  remain  in
 8    their own homes or other living arrangements. Such preventive
 9    services  may  include, but are not limited to, any or all of
10    the following:
11             (1)  home health services;
12             (2)  home nursing services;
13             (3)  homemaker services;
14             (4)  chore and housekeeping services;
15             (5)  day care services;
16             (6)  home-delivered meals;
17             (7)  education in self-care;
18             (8)  personal care services;
19             (9)  adult day health services;
20             (10)  habilitation services;
21             (11)  respite care; or
22             (12)  other  nonmedical  social  services  that  may
23        enable the person to become self-supporting.
24        The Department shall establish eligibility standards  for
25    such  services  taking into consideration the unique economic
26    and social needs of the population for whom they  are  to  be
27    provided.   Such  eligibility  standards  may be based on the
28    recipient's ability to pay for services;  provided,  however,
29    that  any  portion  of  a person's income that is equal to or
30    less  than  the  "protected  income"  level  shall   not   be
31    considered by the Department in determining eligibility.  The
32    "protected   income"   level   shall  be  determined  by  the
33    Department, shall never be  less  than  the  federal  poverty
34    standard,  and shall be adjusted each year to reflect changes
 
HB1833 Engrossed            -10-               LRB9102175PTpk
 1    in the Consumer  Price  Index  For  All  Urban  Consumers  as
 2    determined   by   the  United  States  Department  of  Labor.
 3    Additionally,  in  determining  the  amount  and  nature   of
 4    services  for which a person may qualify, consideration shall
 5    not be given to the value of cash, property or  other  assets
 6    held in the name of the person's spouse pursuant to a written
 7    agreement  dividing  marital property into equal but separate
 8    shares or pursuant to a transfer of the person's interest  in
 9    a home to his spouse, provided that the spouse's share of the
10    marital  property is not made available to the person seeking
11    such services.
12        The services shall be provided  to  eligible  persons  to
13    prevent unnecessary or premature institutionalization, to the
14    extent that the cost of the services, together with the other
15    personal  maintenance expenses of the persons, are reasonably
16    related to the standards established  for  care  in  a  group
17    facility    appropriate    to    their    condition.    These
18    non-institutional services, pilot  projects  or  experimental
19    facilities may be provided as part of or in addition to those
20    authorized by federal law or those funded and administered by
21    the Illinois Department on Aging.
22        Personal care attendants shall be paid:
23             (i)  A  $5  per  hour minimum rate beginning July 1,
24        1995.
25             (ii)  A $5.30 per hour minimum rate  beginning  July
26        1, 1997.
27             (iii)  A  $5.40 per hour minimum rate beginning July
28        1, 1998.
29    Beginning  July  1,  1999,  personal  care  attendants  shall
30    receive a percentage increase in wages equal to  the  percent
31    increase  in  the  federal minimum wage each time the federal
32    minimum wage is increased.
33        The Department shall execute,  relative  to  the  nursing
34    home  prescreening  project, as authorized by Section 4.03 of
 
HB1833 Engrossed            -11-               LRB9102175PTpk
 1    the  Illinois  Act  on  the   Aging,   written   inter-agency
 2    agreements with the Department on Aging and the Department of
 3    Public  Aid,  to effect the following:  (i) intake procedures
 4    and common eligibility criteria for  those  persons  who  are
 5    receiving    non-institutional   services;   and   (ii)   the
 6    establishment and development of  non-institutional  services
 7    in  areas of the State where they are not currently available
 8    or are undeveloped.  On and after July 1, 1996,  all  nursing
 9    home prescreenings for individuals 18 through 59 years of age
10    shall be conducted by the Department.
11        The  Department  is  authorized  to establish a system of
12    recipient  cost-sharing  for  services  provided  under  this
13    Section.   The  cost-sharing  shall   be   based   upon   the
14    recipient's ability to pay for services, but in no case shall
15    the  recipient's share exceed the actual cost of the services
16    provided.  Protected income shall not be  considered  by  the
17    Department in its determination of the recipient's ability to
18    pay   a  share  of  the  cost  of  services.   The  level  of
19    cost-sharing shall be adjusted each year to  reflect  changes
20    in the "protected income" level.  The Department shall deduct
21    from  the recipient's share of the cost of services any money
22    expended by the recipient for disability-related expenses.
23        The   Department,   or   the   Department's    authorized
24    representative,  shall  recover the amount of moneys expended
25    for services provided to or in behalf of a person under  this
26    Section by a claim against the person's estate or against the
27    estate  of the person's surviving spouse, but no recovery may
28    be had until after the death of the surviving spouse, if any,
29    and then only at such time when there is no  surviving  child
30    who  is  under  age  21,  blind,  or  permanently and totally
31    disabled.  This paragraph, however, shall not  bar  recovery,
32    at  the  death of the person, of moneys for services provided
33    to the person or in behalf of the person under  this  Section
34    to  which  the  person  was  not entitled; provided that such
 
HB1833 Engrossed            -12-               LRB9102175PTpk
 1    recovery shall not be enforced against any real estate  while
 2    it  is  occupied  as  a  homestead by the surviving spouse or
 3    other dependent, if no claims by other  creditors  have  been
 4    filed against the estate, or, if such claims have been filed,
 5    they  remain dormant for failure of prosecution or failure of
 6    the claimant to compel administration of the estate  for  the
 7    purpose  of  payment.   This paragraph shall not bar recovery
 8    from the estate of a spouse, under Sections 1915 and 1924  of
 9    the  Social  Security  Act  and  Section  5-4 of the Illinois
10    Public Aid Code, who precedes  a  person  receiving  services
11    under this Section in death.  All moneys for services paid to
12    or  in  behalf  of  the  person  under  this Section shall be
13    claimed for  recovery  from  the  deceased  spouse's  estate.
14    "Homestead",  as  used  in this paragraph, means the dwelling
15    house and contiguous real  estate  occupied  by  a  surviving
16    spouse  or  relative, as defined by the rules and regulations
17    of the Illinois Department of Public Aid, regardless  of  the
18    value of the property.
19        The   Department   and  the  Department  on  Aging  shall
20    cooperate in the development  and  submission  of  an  annual
21    report  on programs and services provided under this Section.
22    Such joint report shall be filed with the  Governor  and  the
23    General Assembly on or before September 30 each year.
24        The  requirement  for  reporting  to the General Assembly
25    shall be satisfied by filing copies of the  report  with  the
26    Speaker,  the  Minority  Leader and the Clerk of the House of
27    Representatives and the President, the  Minority  Leader  and
28    the  Secretary  of  the  Senate  and the Legislative Research
29    Unit, as required by Section  3.1  of  the  General  Assembly
30    Organization Act, and filing additional copies with the State
31    Government   Report   Distribution  Center  for  the  General
32    Assembly as required under paragraph (t) of Section 7 of  the
33    State Library Act.
34        (g)  To  establish such subdivisions of the Department as
 
HB1833 Engrossed            -13-               LRB9102175PTpk
 1    shall be desirable and assign to the various subdivisions the
 2    responsibilities and duties placed  upon  the  Department  by
 3    law.
 4        (h)  To cooperate and enter into any necessary agreements
 5    with  the Department of Employment Security for the provision
 6    of job placement and job referral services to clients of  the
 7    Department,   including  job  service  registration  of  such
 8    clients with Illinois Employment Security offices and  making
 9    job  listings  maintained  by  the  Department  of Employment
10    Security available to such clients.
11        (i)  To possess all powers reasonable and  necessary  for
12    the  exercise  and  administration  of the powers, duties and
13    responsibilities of the Department which are provided for  by
14    law.
15        (j)  To  establish  a  procedure whereby new providers of
16    personal care attendant services shall submit vouchers to the
17    State for payment two  times  during  their  first  month  of
18    employment  and  one  time  per month thereafter.  In no case
19    shall the Department pay personal care attendants  an  hourly
20    wage that is less than the federal minimum wage.
21        (k)  To provide adequate notice to providers of chore and
22    housekeeping  services  informing them that they are entitled
23    to an interest payment on bills which are not  promptly  paid
24    pursuant to Section 3 of the State Prompt Payment Act.
25        (l)  To  establish,  operate  and  maintain  a  Statewide
26    Housing Clearinghouse of information on available, government
27    subsidized   housing   accessible  to  disabled  persons  and
28    available privately  owned  housing  accessible  to  disabled
29    persons.  The information shall include but not be limited to
30    the   location,  rental  requirements,  access  features  and
31    proximity to public transportation of available housing.  The
32    Clearinghouse  shall  consist  of  at  least  a  computerized
33    database for the storage and retrieval of information  and  a
34    separate  or  shared  toll  free  telephone number for use by
 
HB1833 Engrossed            -14-               LRB9102175PTpk
 1    those seeking information from the Clearinghouse.  Department
 2    offices and personnel throughout the State shall also  assist
 3    in  the  operation  of  the  Statewide Housing Clearinghouse.
 4    Cooperation with local, State and  federal  housing  managers
 5    shall  be  sought  and  extended  in  order to frequently and
 6    promptly update the Clearinghouse's information.
 7    (Source: P.A.  89-21,  eff.  7-1-95;  89-352,  eff.  8-17-95;
 8    89-626, eff. 8-9-96; 90-365, eff. 8-10-97.)

 9        Section  99.  Effective date.  This Act takes effect July
10    1, 1999.

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