Rep. Joe Sosnowski

Filed: 3/6/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4541

2    AMENDMENT NO. ______. Amend House Bill 4541 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Disabled Persons Rehabilitation Act is
5amended 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
10administration of the provisions of the federal Rehabilitation
11Act of 1973, as amended, of the Workforce Investment Act of
121998, and of the federal Social Security Act to the extent and
13in the manner provided in these Acts.
14    (b) To prescribe and supervise such courses of vocational
15training and provide such other services as may be necessary
16for the habilitation and rehabilitation of persons with one or

 

 

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

 

 

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1Social Security Act, thereby enabling them to remain in their
2own homes or other living arrangements. Such preventive
3services may include, but are not limited to, any or all of the
4following:
5        (1) home health services;
6        (2) home nursing services;
7        (3) homemaker services;
8        (4) chore and housekeeping services;
9        (5) day care services;
10        (6) home-delivered meals;
11        (7) education in self-care;
12        (8) personal care services;
13        (9) adult day health services;
14        (10) habilitation services;
15        (11) respite care; or
16        (12) other nonmedical social services that may enable
17    the person to become self-supporting.
18    The Department shall establish eligibility standards for
19such services taking into consideration the unique economic and
20social needs of the population for whom they are to be
21provided. Such eligibility standards may be based on the
22recipient's ability to pay for services; provided, however,
23that any portion of a person's income that is equal to or less
24than the "protected income" level shall not be considered by
25the Department in determining eligibility. The "protected
26income" level shall be determined by the Department, shall

 

 

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1never be less than the federal poverty standard, and shall be
2adjusted each year to reflect changes in the Consumer Price
3Index For All Urban Consumers as determined by the United
4States Department of Labor. The standards must provide that a
5person may have not more than $10,000 in assets to be eligible
6for the services, and the Department may increase the asset
7limitation by rule. Additionally, in determining the amount and
8nature of services for which a person may qualify,
9consideration shall not be given to the value of cash, property
10or other assets held in the name of the person's spouse
11pursuant to a written agreement dividing marital property into
12equal but separate shares or pursuant to a transfer of the
13person's interest in a home to his spouse, provided that the
14spouse's share of the marital property is not made available to
15the person seeking such services.
16    The services shall be provided to eligible persons to
17prevent unnecessary or premature institutionalization, to the
18extent that the cost of the services, together with the other
19personal maintenance expenses of the persons, are reasonably
20related to the standards established for care in a group
21facility appropriate to their condition. These
22non-institutional services, pilot projects or experimental
23facilities may be provided as part of or in addition to those
24authorized by federal law or those funded and administered by
25the Illinois Department on Aging.
26    Personal care attendants shall be paid:

 

 

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1        (i) A $5 per hour minimum rate beginning July 1, 1995.
2        (ii) A $5.30 per hour minimum rate beginning July 1,
3    1997.
4        (iii) A $5.40 per hour minimum rate beginning July 1,
5    1998.
6    Solely for the purposes of coverage under the Illinois
7Public Labor Relations Act (5 ILCS 315/), personal care
8attendants and personal assistants providing services under
9the Department's Home Services Program shall be considered to
10be public employees and the State of Illinois shall be
11considered to be their employer as of the effective date of
12this amendatory Act of the 93rd General Assembly, but not
13before. The State shall engage in collective bargaining with an
14exclusive representative of personal care attendants and
15personal assistants working under the Home Services Program
16concerning their terms and conditions of employment that are
17within the State's control. Nothing in this paragraph shall be
18understood to limit the right of the persons receiving services
19defined in this Section to hire and fire personal care
20attendants and personal assistants or supervise them within the
21limitations set by the Home Services Program. The State shall
22not be considered to be the employer of personal care
23attendants and personal assistants for any purposes not
24specifically provided in this amendatory Act of the 93rd
25General Assembly, including but not limited to, purposes of
26vicarious liability in tort and purposes of statutory

 

 

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1retirement or health insurance benefits. Personal care
2attendants and personal assistants shall not be covered by the
3State Employees Group Insurance Act of 1971 (5 ILCS 375/).
4    Any person who applies for employment as a personal care
5attendant or personal assistant under the Department's Home
6Services Program shall submit to a criminal history background
7check. The Department shall promulgate rules necessary to
8implement this provision.
9    A person is not eligible for employment as a personal care
10attendant or personal assistant under the Department's Home
11Services Program if that person has been convicted of a felony,
12has been arrested for a criminal offense, or has an outstanding
13arrest warrant.
14    The criminal history background check requirement imposed
15by this Section shall not apply to persons who apply for
16employment as a personal care attendant or personal assistant
17under any program administered by the Department on Aging.
18    The Department shall execute, relative to the nursing home
19prescreening project, as authorized by Section 4.03 of the
20Illinois Act on the Aging, written inter-agency agreements with
21the Department on Aging and the Department of Public Aid (now
22Department of Healthcare and Family Services), to effect the
23following: (i) intake procedures and common eligibility
24criteria for those persons who are receiving non-institutional
25services; and (ii) the establishment and development of
26non-institutional services in areas of the State where they are

 

 

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1not currently available or are undeveloped. On and after July
21, 1996, all nursing home prescreenings for individuals 18
3through 59 years of age shall be conducted by the Department.
4    The Department is authorized to establish a system of
5recipient cost-sharing for services provided under this
6Section. The cost-sharing shall be based upon the recipient's
7ability to pay for services, but in no case shall the
8recipient's share exceed the actual cost of the services
9provided. Protected income shall not be considered by the
10Department in its determination of the recipient's ability to
11pay a share of the cost of services. The level of cost-sharing
12shall be adjusted each year to reflect changes in the
13"protected income" level. The Department shall deduct from the
14recipient's share of the cost of services any money expended by
15the recipient for disability-related expenses.
16    The Department, or the Department's authorized
17representative, shall recover the amount of moneys expended for
18services provided to or in behalf of a person under this
19Section by a claim against the person's estate or against the
20estate of the person's surviving spouse, but no recovery may be
21had until after the death of the surviving spouse, if any, and
22then only at such time when there is no surviving child who is
23under age 21, blind, or permanently and totally disabled. This
24paragraph, however, shall not bar recovery, at the death of the
25person, of moneys for services provided to the person or in
26behalf of the person under this Section to which the person was

 

 

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1not entitled; provided that such recovery shall not be enforced
2against any real estate while it is occupied as a homestead by
3the surviving spouse or other dependent, if no claims by other
4creditors have been filed against the estate, or, if such
5claims have been filed, they remain dormant for failure of
6prosecution or failure of the claimant to compel administration
7of the estate for the purpose of payment. This paragraph shall
8not bar recovery from the estate of a spouse, under Sections
91915 and 1924 of the Social Security Act and Section 5-4 of the
10Illinois Public Aid Code, who precedes a person receiving
11services under this Section in death. All moneys for services
12paid to or in behalf of the person under this Section shall be
13claimed for recovery from the deceased spouse's estate.
14"Homestead", as used in this paragraph, means the dwelling
15house and contiguous real estate occupied by a surviving spouse
16or relative, as defined by the rules and regulations of the
17Department of Healthcare and Family Services, regardless of the
18value of the property.
19    The Department and the Department on Aging shall cooperate
20in the development and submission of an annual report on
21programs and services provided under this Section. Such joint
22report shall be filed with the Governor and the General
23Assembly on or before March 30 each year.
24    The requirement for reporting to the General Assembly shall
25be satisfied by filing copies of the report with the Speaker,
26the Minority Leader and the Clerk of the House of

 

 

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1Representatives and the President, the Minority Leader and the
2Secretary of the Senate and the Legislative Research Unit, as
3required by Section 3.1 of the General Assembly Organization
4Act, and filing additional copies with the State Government
5Report Distribution Center for the General Assembly as required
6under paragraph (t) of Section 7 of the State Library Act.
7    (g) To establish such subdivisions of the Department as
8shall be desirable and assign to the various subdivisions the
9responsibilities and duties placed upon the Department by law.
10    (h) To cooperate and enter into any necessary agreements
11with the Department of Employment Security for the provision of
12job placement and job referral services to clients of the
13Department, including job service registration of such clients
14with Illinois Employment Security offices and making job
15listings maintained by the Department of Employment Security
16available to such clients.
17    (i) To possess all powers reasonable and necessary for the
18exercise and administration of the powers, duties and
19responsibilities of the Department which are provided for by
20law.
21    (j) To establish a procedure whereby new providers of
22personal care attendant services shall submit vouchers to the
23State for payment two times during their first month of
24employment and one time per month thereafter. In no case shall
25the Department pay personal care attendants an hourly wage that
26is less than the federal minimum wage.

 

 

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1    (k) To provide adequate notice to providers of chore and
2housekeeping services informing them that they are entitled to
3an interest payment on bills which are not promptly paid
4pursuant to Section 3 of the State Prompt Payment Act.
5    (l) To establish, operate and maintain a Statewide Housing
6Clearinghouse of information on available, government
7subsidized housing accessible to disabled persons and
8available privately owned housing accessible to disabled
9persons. The information shall include but not be limited to
10the location, rental requirements, access features and
11proximity to public transportation of available housing. The
12Clearinghouse shall consist of at least a computerized database
13for the storage and retrieval of information and a separate or
14shared toll free telephone number for use by those seeking
15information from the Clearinghouse. Department offices and
16personnel throughout the State shall also assist in the
17operation of the Statewide Housing Clearinghouse. Cooperation
18with local, State and federal housing managers shall be sought
19and extended in order to frequently and promptly update the
20Clearinghouse's information.
21    (m) To assure that the names and case records of persons
22who received or are receiving services from the Department,
23including persons receiving vocational rehabilitation, home
24services, or other services, and those attending one of the
25Department's schools or other supervised facility shall be
26confidential and not be open to the general public. Those case

 

 

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1records and reports or the information contained in those
2records and reports shall be disclosed by the Director only to
3proper law enforcement officials, individuals authorized by a
4court, the General Assembly or any committee or commission of
5the General Assembly, and other persons and for reasons as the
6Director designates by rule. Disclosure by the Director may be
7only in accordance with other applicable law.
8(Source: P.A. 94-252, eff. 1-1-06; 95-331, eff. 8-21-07.)".