State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

91_HB3309

 
                                               LRB9111345JMdv

 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, of the Workforce
13    Investment Act of 1998, and of the  federal  Social  Security
14    Act to the extent and in the manner provided 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, the  Workforce  Investment  Act  of  1998,  and  the
 
                            -2-                LRB9111345JMdv
 1    federal Social Security Act.
 2        (d)  To  report  in writing, to the Governor, annually on
 3    or before the first day of December, and at such other  times
 4    and in such manner and upon such subjects as the Governor may
 5    require.   The annual report shall contain (1) a statement of
 6    the  existing  condition  of   comprehensive   rehabilitation
 7    services, habilitation and rehabilitation in the State; (2) a
 8    statement  of  suggestions and recommendations with reference
 9    to the development of comprehensive rehabilitation  services,
10    habilitation  and  rehabilitation  in  the  State; and (3) an
11    itemized statement of the  amounts  of  money  received  from
12    federal,  State  and  other  sources,  and of the objects and
13    purposes to which  the  respective  items  of  these  several
14    amounts have been devoted.
15        (e)  To  exercise,  pursuant  to  Section 13 of this Act,
16    executive   and   administrative   supervision    over    all
17    institutions,  divisions,  programs and services now existing
18    or hereafter acquired or created under  the  jurisdiction  of
19    the Department, including, but not limited to, the following:
20        The   Illinois   School  for  the  Visually  Impaired  at
21    Jacksonville, as provided under Section 10 of this Act,
22        The Illinois School for  the  Deaf  at  Jacksonville,  as
23    provided under Section 10 of this Act, and
24        The  Illinois Center for Rehabilitation and Education, as
25    provided under Section 11 of this Act.
26        (f)  To  establish  a  program  of  services  to  prevent
27    unnecessary institutionalization of persons with  Alzheimer's
28    disease and related disorders or persons in need of long term
29    care  who  are established as blind or disabled as defined by
30    the Social Security Act, thereby enabling them to  remain  in
31    their own homes or other living arrangements. Such preventive
32    services  may  include, but are not limited to, any or all of
33    the following:
34             (1)  home health services;
 
                            -3-                LRB9111345JMdv
 1             (2)  home nursing services;
 2             (3)  homemaker services;
 3             (4)  chore and housekeeping services;
 4             (5)  day care services;
 5             (6)  home-delivered meals;
 6             (7)  education in self-care;
 7             (8)  personal care services;
 8             (9)  adult day health services;
 9             (10)  habilitation services;
10             (11)  respite care; or
11             (12)  other  nonmedical  social  services  that  may
12        enable the person to become self-supporting.
13        The Department shall establish eligibility standards  for
14    such  services  taking into consideration the unique economic
15    and social needs of the population for whom they  are  to  be
16    provided.   Such  eligibility  standards  may be based on the
17    recipient's ability to pay for services;  provided,  however,
18    that  any  portion  of  a person's income that is equal to or
19    less  than  the  "protected  income"  level  shall   not   be
20    considered by the Department in determining eligibility.  The
21    "protected   income"   level   shall  be  determined  by  the
22    Department, shall never be  less  than  the  federal  poverty
23    standard,  and shall be adjusted each year to reflect changes
24    in the Consumer  Price  Index  For  All  Urban  Consumers  as
25    determined   by   the  United  States  Department  of  Labor.
26    Additionally,  in  determining  the  amount  and  nature   of
27    services  for which a person may qualify, consideration shall
28    not be given to the value of cash, property or  other  assets
29    held in the name of the person's spouse pursuant to a written
30    agreement  dividing  marital property into equal but separate
31    shares or pursuant to a transfer of the person's interest  in
32    a home to his spouse, provided that the spouse's share of the
33    marital  property is not made available to the person seeking
34    such services.
 
                            -4-                LRB9111345JMdv
 1        The services shall be provided  to  eligible  persons  to
 2    prevent unnecessary or premature institutionalization, to the
 3    extent that the cost of the services, together with the other
 4    personal  maintenance expenses of the persons, are reasonably
 5    related to the standards established  for  care  in  a  group
 6    facility    appropriate    to    their    condition.    These
 7    non-institutional services, pilot  projects  or  experimental
 8    facilities may be provided as part of or in addition to those
 9    authorized by federal law or those funded and administered by
10    the Illinois Department on Aging.
11        Personal care attendants shall be paid:
12             (i)  A  $5  per  hour minimum rate beginning July 1,
13        1995.
14             (ii)  A $5.30 per hour minimum rate  beginning  July
15        1, 1997.
16             (iii)  A  $5.40 per hour minimum rate beginning July
17        1, 1998.
18             (iv)  A $6 per hour minimum rate beginning  July  1,
19        1999.
20             (v)  A $6.50 per hour minimum rate beginning July 1,
21        2000.
22             (vi)  A  $7  per hour minimum rate beginning July 1,
23        2001.
24        The Department shall execute,  relative  to  the  nursing
25    home  prescreening  project, as authorized by Section 4.03 of
26    the  Illinois  Act  on  the   Aging,   written   inter-agency
27    agreements with the Department on Aging and the Department of
28    Public  Aid,  to effect the following:  (i) intake procedures
29    and common eligibility criteria for  those  persons  who  are
30    receiving    non-institutional   services;   and   (ii)   the
31    establishment and development of  non-institutional  services
32    in  areas of the State where they are not currently available
33    or are undeveloped.  On and after July 1, 1996,  all  nursing
34    home prescreenings for individuals 18 through 59 years of age
 
                            -5-                LRB9111345JMdv
 1    shall be conducted by the Department.
 2        The  Department  is  authorized  to establish a system of
 3    recipient  cost-sharing  for  services  provided  under  this
 4    Section.   The  cost-sharing  shall   be   based   upon   the
 5    recipient's ability to pay for services, but in no case shall
 6    the  recipient's share exceed the actual cost of the services
 7    provided.  Protected income shall not be  considered  by  the
 8    Department in its determination of the recipient's ability to
 9    pay   a  share  of  the  cost  of  services.   The  level  of
10    cost-sharing shall be adjusted each year to  reflect  changes
11    in the "protected income" level.  The Department shall deduct
12    from  the recipient's share of the cost of services any money
13    expended by the recipient for disability-related expenses.
14        The   Department,   or   the   Department's    authorized
15    representative,  shall  recover the amount of moneys expended
16    for services provided to or in behalf of a person under  this
17    Section by a claim against the person's estate or against the
18    estate  of the person's surviving spouse, but no recovery may
19    be had until after the death of the surviving spouse, if any,
20    and then only at such time when there is no  surviving  child
21    who  is  under  age  21,  blind,  or  permanently and totally
22    disabled.  This paragraph, however, shall not  bar  recovery,
23    at  the  death of the person, of moneys for services provided
24    to the person or in behalf of the person under  this  Section
25    to  which  the  person  was  not entitled; provided that such
26    recovery shall not be enforced against any real estate  while
27    it  is  occupied  as  a  homestead by the surviving spouse or
28    other dependent, if no claims by other  creditors  have  been
29    filed against the estate, or, if such claims have been filed,
30    they  remain dormant for failure of prosecution or failure of
31    the claimant to compel administration of the estate  for  the
32    purpose  of  payment.   This paragraph shall not bar recovery
33    from the estate of a spouse, under Sections 1915 and 1924  of
34    the  Social  Security  Act  and  Section  5-4 of the Illinois
 
                            -6-                LRB9111345JMdv
 1    Public Aid Code, who precedes  a  person  receiving  services
 2    under this Section in death.  All moneys for services paid to
 3    or  in  behalf  of  the  person  under  this Section shall be
 4    claimed for  recovery  from  the  deceased  spouse's  estate.
 5    "Homestead",  as  used  in this paragraph, means the dwelling
 6    house and contiguous real  estate  occupied  by  a  surviving
 7    spouse  or  relative, as defined by the rules and regulations
 8    of the Illinois Department of Public Aid, regardless  of  the
 9    value of the property.
10        The   Department   and  the  Department  on  Aging  shall
11    cooperate in the development  and  submission  of  an  annual
12    report  on programs and services provided under this Section.
13    Such joint report shall be filed with the  Governor  and  the
14    General Assembly on or before March 30 each year.
15        The  requirement  for  reporting  to the General Assembly
16    shall be satisfied by filing copies of the  report  with  the
17    Speaker,  the  Minority  Leader and the Clerk of the House of
18    Representatives and the President, the  Minority  Leader  and
19    the  Secretary  of  the  Senate  and the Legislative Research
20    Unit, as required by Section  3.1  of  the  General  Assembly
21    Organization Act, and filing additional copies with the State
22    Government   Report   Distribution  Center  for  the  General
23    Assembly as required under paragraph (t) of Section 7 of  the
24    State Library Act.
25        (g)  To  establish such subdivisions of the Department as
26    shall be desirable and assign to the various subdivisions the
27    responsibilities and duties placed  upon  the  Department  by
28    law.
29        (h)  To cooperate and enter into any necessary agreements
30    with  the Department of Employment Security for the provision
31    of job placement and job referral services to clients of  the
32    Department,   including  job  service  registration  of  such
33    clients with Illinois Employment Security offices and  making
34    job  listings  maintained  by  the  Department  of Employment
 
                            -7-                LRB9111345JMdv
 1    Security available to such clients.
 2        (i)  To possess all powers reasonable and  necessary  for
 3    the  exercise  and  administration  of the powers, duties and
 4    responsibilities of the Department which are provided for  by
 5    law.
 6        (j)  To  establish  a  procedure whereby new providers of
 7    personal care attendant services shall submit vouchers to the
 8    State for payment two  times  during  their  first  month  of
 9    employment  and  one  time  per month thereafter.  In no case
10    shall the Department pay personal care attendants  an  hourly
11    wage that is less than the federal minimum wage.
12        (k)  To provide adequate notice to providers of chore and
13    housekeeping  services  informing them that they are entitled
14    to an interest payment on bills which are not  promptly  paid
15    pursuant to Section 3 of the State Prompt Payment Act.
16        (l)  To  establish,  operate  and  maintain  a  Statewide
17    Housing Clearinghouse of information on available, government
18    subsidized   housing   accessible  to  disabled  persons  and
19    available privately  owned  housing  accessible  to  disabled
20    persons.  The information shall include but not be limited to
21    the   location,  rental  requirements,  access  features  and
22    proximity to public transportation of available housing.  The
23    Clearinghouse  shall  consist  of  at  least  a  computerized
24    database for the storage and retrieval of information  and  a
25    separate  or  shared  toll  free  telephone number for use by
26    those seeking information from the Clearinghouse.  Department
27    offices and personnel throughout the State shall also  assist
28    in  the  operation  of  the  Statewide Housing Clearinghouse.
29    Cooperation with local, State and  federal  housing  managers
30    shall  be  sought  and  extended  in  order to frequently and
31    promptly update the Clearinghouse's information.
32    (Source: P.A.  90-365, eff. 8-10-97; 91-540, eff. 8-13-99.)

33        Section 99.  Effective date.  This Act takes effect  July
 
                            -8-                LRB9111345JMdv
 1    1, 2000.

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