Rep. Arthur Turner

Filed: 3/19/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3516

2    AMENDMENT NO. ______. Amend House Bill 3516 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Rehabilitation of Persons with
5Disabilities Act is amended by changing Section 3 as follows:
 
6    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
7    Sec. 3. Powers and duties. The Department shall have the
8powers and duties enumerated herein:
9        (a) To co-operate with the federal government in the
10    administration of the provisions of the federal
11    Rehabilitation Act of 1973, as amended, of the Workforce
12    Innovation and Opportunity Act, and of the federal Social
13    Security Act to the extent and in the manner provided in
14    these Acts.
15        (b) To prescribe and supervise such courses of
16    vocational training and provide such other services as may

 

 

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1    be necessary for the habilitation and rehabilitation of
2    persons with one or more disabilities, including the
3    administrative activities under subsection (e) of this
4    Section, and to co-operate with State and local school
5    authorities and other recognized agencies engaged in
6    habilitation, rehabilitation and comprehensive
7    rehabilitation services; and to cooperate with the
8    Department of Children and Family Services regarding the
9    care and education of children with one or more
10    disabilities.
11        (c) (Blank).
12        (d) To report in writing, to the Governor, annually on
13    or before the first day of December, and at such other
14    times and in such manner and upon such subjects as the
15    Governor may require. The annual report shall contain (1) a
16    statement of the existing condition of comprehensive
17    rehabilitation services, habilitation and rehabilitation
18    in the State; (2) a statement of suggestions and
19    recommendations with reference to the development of
20    comprehensive rehabilitation services, habilitation and
21    rehabilitation in the State; and (3) an itemized statement
22    of the amounts of money received from federal, State and
23    other sources, and of the objects and purposes to which the
24    respective items of these several amounts have been
25    devoted.
26        (e) (Blank).

 

 

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1        (f) To establish a program of services to prevent the
2    unnecessary institutionalization of persons in need of
3    long term care and who meet the criteria for blindness or
4    disability as defined by the Social Security Act, thereby
5    enabling them to remain in their own homes. Such preventive
6    services include any or all of the following:
7            (1) personal assistant services;
8            (2) homemaker services;
9            (3) home-delivered meals;
10            (4) adult day care services;
11            (5) respite care;
12            (6) home modification or assistive equipment;
13            (7) home health services;
14            (8) electronic home response;
15            (9) brain injury behavioral/cognitive services;
16            (10) brain injury habilitation;
17            (11) brain injury pre-vocational services; or
18            (12) brain injury supported employment.
19        The Department shall establish eligibility standards
20    for such services taking into consideration the unique
21    economic and social needs of the population for whom they
22    are to be provided. Such eligibility standards may be based
23    on the recipient's ability to pay for services; provided,
24    however, that any portion of a person's income that is
25    equal to or less than the "protected income" level shall
26    not be considered by the Department in determining

 

 

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1    eligibility. The "protected income" level shall be
2    determined by the Department, shall never be less than the
3    federal poverty standard, and shall be adjusted each year
4    to reflect changes in the Consumer Price Index For All
5    Urban Consumers as determined by the United States
6    Department of Labor. The standards must provide that a
7    person may not have more than $10,000 in assets to be
8    eligible for the services, and the Department may increase
9    or decrease the asset limitation by rule. The Department
10    may not decrease the asset level below $10,000.
11        The services shall be provided, as established by the
12    Department by rule, to eligible persons to prevent
13    unnecessary or premature institutionalization, to the
14    extent that the cost of the services, together with the
15    other personal maintenance expenses of the persons, are
16    reasonably related to the standards established for care in
17    a group facility appropriate to their condition.
18    Notwithstanding this paragraph, medical services shall be
19    provided, including, but not limited to, nursing staff
20    services for basic medical care. These non-institutional
21    services, pilot projects or experimental facilities may be
22    provided as part of or in addition to those authorized by
23    federal law or those funded and administered by the
24    Illinois Department on Aging. The Department shall set
25    rates and fees for services in a fair and equitable manner.
26    Services identical to those offered by the Department on

 

 

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1    Aging shall be paid at the same rate.
2        Except as otherwise provided in this paragraph,
3    personal assistants shall be paid at a rate negotiated
4    between the State and an exclusive representative of
5    personal assistants under a collective bargaining
6    agreement. In no case shall the Department pay personal
7    assistants an hourly wage that is less than the federal
8    minimum wage. Within 30 days after July 6, 2017 (the
9    effective date of Public Act 100-23), the hourly wage paid
10    to personal assistants and individual maintenance home
11    health workers shall be increased by $0.48 per hour.
12        Solely for the purposes of coverage under the Illinois
13    Public Labor Relations Act, personal assistants providing
14    services under the Department's Home Services Program
15    shall be considered to be public employees and the State of
16    Illinois shall be considered to be their employer as of
17    July 16, 2003 (the effective date of Public Act 93-204),
18    but not before. Solely for the purposes of coverage under
19    the Illinois Public Labor Relations Act, home care and home
20    health workers who function as personal assistants and
21    individual maintenance home health workers and who also
22    provide services under the Department's Home Services
23    Program shall be considered to be public employees, no
24    matter whether the State provides such services through
25    direct fee-for-service arrangements, with the assistance
26    of a managed care organization or other intermediary, or

 

 

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1    otherwise, and the State of Illinois shall be considered to
2    be the employer of those persons as of January 29, 2013
3    (the effective date of Public Act 97-1158), but not before
4    except as otherwise provided under this subsection (f). The
5    State shall engage in collective bargaining with an
6    exclusive representative of home care and home health
7    workers who function as personal assistants and individual
8    maintenance home health workers working under the Home
9    Services Program concerning their terms and conditions of
10    employment that are within the State's control. Nothing in
11    this paragraph shall be understood to limit the right of
12    the persons receiving services defined in this Section to
13    hire and fire home care and home health workers who
14    function as personal assistants and individual maintenance
15    home health workers working under the Home Services Program
16    or to supervise them within the limitations set by the Home
17    Services Program. The State shall not be considered to be
18    the employer of home care and home health workers who
19    function as personal assistants and individual maintenance
20    home health workers working under the Home Services Program
21    for any purposes not specifically provided in Public Act
22    93-204 or Public Act 97-1158, including but not limited to,
23    purposes of vicarious liability in tort and purposes of
24    statutory retirement or health insurance benefits. Home
25    care and home health workers who function as personal
26    assistants and individual maintenance home health workers

 

 

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1    and who also provide services under the Department's Home
2    Services Program shall not be covered by the State
3    Employees Group Insurance Act of 1971.
4        The Department shall execute, relative to nursing home
5    prescreening, as authorized by Section 4.03 of the Illinois
6    Act on the Aging, written inter-agency agreements with the
7    Department on Aging and the Department of Healthcare and
8    Family Services, to effect the intake procedures and
9    eligibility criteria for those persons who may need long
10    term care. On and after July 1, 1996, all nursing home
11    prescreenings for individuals 18 through 59 years of age
12    shall be conducted by the Department, or a designee of the
13    Department.
14        The Department is authorized to establish a system of
15    recipient cost-sharing for services provided under this
16    Section. The cost-sharing shall be based upon the
17    recipient's ability to pay for services, but in no case
18    shall the recipient's share exceed the actual cost of the
19    services provided. Protected income shall not be
20    considered by the Department in its determination of the
21    recipient's ability to pay a share of the cost of services.
22    The level of cost-sharing shall be adjusted each year to
23    reflect changes in the "protected income" level. The
24    Department shall deduct from the recipient's share of the
25    cost of services any money expended by the recipient for
26    disability-related expenses.

 

 

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1        To the extent permitted under the federal Social
2    Security Act, the Department, or the Department's
3    authorized representative, may recover the amount of
4    moneys expended for services provided to or in behalf of a
5    person under this Section by a claim against the person's
6    estate or against the estate of the person's surviving
7    spouse, but no recovery may be had until after the death of
8    the surviving spouse, if any, and then only at such time
9    when there is no surviving child who is under age 21 or
10    blind or who has a permanent and total disability. This
11    paragraph, however, shall not bar recovery, at the death of
12    the person, of moneys for services provided to the person
13    or in behalf of the person under this Section to which the
14    person was not entitled; provided that such recovery shall
15    not be enforced against any real estate while it is
16    occupied as a homestead by the surviving spouse or other
17    dependent, if no claims by other creditors have been filed
18    against the estate, or, if such claims have been filed,
19    they remain dormant for failure of prosecution or failure
20    of the claimant to compel administration of the estate for
21    the purpose of payment. This paragraph shall not bar
22    recovery from the estate of a spouse, under Sections 1915
23    and 1924 of the Social Security Act and Section 5-4 of the
24    Illinois Public Aid Code, who precedes a person receiving
25    services under this Section in death. All moneys for
26    services paid to or in behalf of the person under this

 

 

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1    Section shall be claimed for recovery from the deceased
2    spouse's estate. "Homestead", as used in this paragraph,
3    means the dwelling house and contiguous real estate
4    occupied by a surviving spouse or relative, as defined by
5    the rules and regulations of the Department of Healthcare
6    and Family Services, regardless of the value of the
7    property.
8        The Department shall submit an annual report on
9    programs and services provided under this Section. The
10    report shall be filed with the Governor and the General
11    Assembly on or before March 30 each year.
12        The requirement for reporting to the General Assembly
13    shall be satisfied by filing copies of the report as
14    required by Section 3.1 of the General Assembly
15    Organization Act, and filing additional copies with the
16    State Government Report Distribution Center for the
17    General Assembly as required under paragraph (t) of Section
18    7 of the State Library Act.
19        (g) To establish such subdivisions of the Department as
20    shall be desirable and assign to the various subdivisions
21    the responsibilities and duties placed upon the Department
22    by law.
23        (h) To cooperate and enter into any necessary
24    agreements with the Department of Employment Security for
25    the provision of job placement and job referral services to
26    clients of the Department, including job service

 

 

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1    registration of such clients with Illinois Employment
2    Security offices and making job listings maintained by the
3    Department of Employment Security available to such
4    clients.
5        (i) To possess all powers reasonable and necessary for
6    the exercise and administration of the powers, duties and
7    responsibilities of the Department which are provided for
8    by law.
9        (j) (Blank).
10        (k) (Blank).
11        (l) To establish, operate, and maintain a Statewide
12    Housing Clearinghouse of information on available
13    government subsidized housing accessible to persons with
14    disabilities and available privately owned housing
15    accessible to persons with disabilities. The information
16    shall include, but not be limited to, the location, rental
17    requirements, access features and proximity to public
18    transportation of available housing. The Clearinghouse
19    shall consist of at least a computerized database for the
20    storage and retrieval of information and a separate or
21    shared toll free telephone number for use by those seeking
22    information from the Clearinghouse. Department offices and
23    personnel throughout the State shall also assist in the
24    operation of the Statewide Housing Clearinghouse.
25    Cooperation with local, State, and federal housing
26    managers shall be sought and extended in order to

 

 

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1    frequently and promptly update the Clearinghouse's
2    information.
3        (m) To assure that the names and case records of
4    persons who received or are receiving services from the
5    Department, including persons receiving vocational
6    rehabilitation, home services, or other services, and
7    those attending one of the Department's schools or other
8    supervised facility shall be confidential and not be open
9    to the general public. Those case records and reports or
10    the information contained in those records and reports
11    shall be disclosed by the Director only to proper law
12    enforcement officials, individuals authorized by a court,
13    the General Assembly or any committee or commission of the
14    General Assembly, and other persons and for reasons as the
15    Director designates by rule. Disclosure by the Director may
16    be only in accordance with other applicable law.
17(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
18100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff.
198-14-18; 100-1148, eff. 12-10-18.)".