Sen. David Koehler

Filed: 4/8/2011

 

 


 

 


 
09700SB0267sam001LRB097 04061 KTG 54215 a

1
AMENDMENT TO SENATE BILL 267

2    AMENDMENT NO. ______. Amend Senate Bill 267 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

 

 

09700SB0267sam001- 2 -LRB097 04061 KTG 54215 a

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 the
24unnecessary institutionalization of persons with Alzheimer's
25disease and related disorders or persons in need of long term
26care and who meet the criteria for blindness or disability are

 

 

09700SB0267sam001- 3 -LRB097 04061 KTG 54215 a

1established as blind or disabled as defined by the Social
2Security Act, thereby enabling them to remain in their own
3homes or other living arrangements. Such preventive services
4may include, but are not limited to, any or all of the
5following:
6        (1) personal assistant services home health services;
7        (2) homemaker services home nursing services;
8        (3) home-delivered meals homemaker services;
9        (4) adult day care services chore and housekeeping
10    services;
11        (5) respite care day care services;
12        (6) home modification or assistive equipment
13    home-delivered meals;
14        (7) brain injury behavioral/cognitive services
15    education in self-care;
16        (8) brain injury habilitation personal care services;
17        (9) brain injury pre-vocational; or adult day health
18    services;
19        (10) brain injury supported employment. habilitation
20    services;
21        (11) respite care; or
22        (12) other nonmedical social services that may enable
23    the person to become self-supporting.
24    The Department shall establish eligibility standards for
25such services taking into consideration the unique economic and
26social needs of the population for whom they are to be

 

 

09700SB0267sam001- 4 -LRB097 04061 KTG 54215 a

1provided. Such eligibility standards may be based on the
2recipient's ability to pay for services; provided, however,
3that any portion of a person's income that is equal to or less
4than the "protected income" level shall not be considered by
5the Department in determining eligibility. The "protected
6income" level shall be determined by the Department, shall
7never be less than the federal poverty standard, and shall be
8adjusted each year to reflect changes in the Consumer Price
9Index For All Urban Consumers as determined by the United
10States Department of Labor. The standards must provide that a
11person may not have not more than the amount of $10,000 in
12assets established by the Department by rule to be eligible for
13the services, and the Department may increase the asset
14limitation by rule. Additionally, in determining the amount and
15nature of services for which a person may qualify,
16consideration shall not be given to the value of cash, property
17or other assets held in the name of the person's spouse
18pursuant to a written agreement dividing marital property into
19equal but separate shares or pursuant to a transfer of the
20person's interest in a home to his spouse, provided that the
21spouse's share of the marital property is not made available to
22the person seeking such services.
23    The services shall be provided, as established by the
24Department by rule, to eligible persons to prevent unnecessary
25or premature institutionalization, to the extent that the cost
26of the services, together with the other personal maintenance

 

 

09700SB0267sam001- 5 -LRB097 04061 KTG 54215 a

1expenses of the persons, are reasonably related to the
2standards established for care in a group facility appropriate
3to their condition. These non-institutional services, pilot
4projects or experimental facilities may be provided as part of
5or in addition to those authorized by federal law or those
6funded and administered by the Illinois Department on Aging.
7    Personal assistants shall be paid at a rate negotiated
8between the State and an exclusive representative of personal
9assistants under a collective bargaining agreement. In no case
10shall the Department pay personal assistants an hourly wage
11that is less than the federal minimum wage. care attendants
12shall be paid:
13        (i) A $5 per hour minimum rate beginning July 1, 1995.
14        (ii) A $5.30 per hour minimum rate beginning July 1,
15    1997.
16        (iii) A $5.40 per hour minimum rate beginning July 1,
17    1998.
18    Solely for the purposes of coverage under the Illinois
19Public Labor Relations Act (5 ILCS 315/), personal care
20attendants and personal assistants providing services under
21the Department's Home Services Program shall be considered to
22be public employees and the State of Illinois shall be
23considered to be their employer as of the effective date of
24this amendatory Act of the 93rd General Assembly, but not
25before. The State shall engage in collective bargaining with an
26exclusive representative of personal care attendants and

 

 

09700SB0267sam001- 6 -LRB097 04061 KTG 54215 a

1personal assistants working under the Home Services Program
2concerning their terms and conditions of employment that are
3within the State's control. Nothing in this paragraph shall be
4understood to limit the right of the persons receiving services
5defined in this Section to hire and fire personal care
6attendants and personal assistants or supervise them within the
7limitations set by the Home Services Program. The State shall
8not be considered to be the employer of personal care
9attendants and personal assistants for any purposes not
10specifically provided in this amendatory Act of the 93rd
11General Assembly, including but not limited to, purposes of
12vicarious liability in tort and purposes of statutory
13retirement or health insurance benefits. Personal care
14attendants and personal assistants shall not be covered by the
15State Employees Group Insurance Act of 1971 (5 ILCS 375/).
16    The Department shall execute, relative to the nursing home
17prescreening project, as authorized by Section 4.03 of the
18Illinois Act on the Aging, written inter-agency agreements with
19the Department on Aging and the Department of Public Aid (now
20Department of Healthcare and Family Services), to effect the
21following: (i) intake procedures and common eligibility
22criteria for those persons who may need long term care are
23receiving non-institutional services; and (ii) the
24establishment and development of non-institutional services in
25areas of the State where they are not currently available or
26are undeveloped. On and after July 1, 1996, all nursing home

 

 

09700SB0267sam001- 7 -LRB097 04061 KTG 54215 a

1prescreenings for individuals 18 through 59 years of age shall
2be conducted by the Department, or a designee of the
3Department.
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

 

 

09700SB0267sam001- 8 -LRB097 04061 KTG 54215 a

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 shall submit and the Department on Aging
20shall cooperate in the development and submission of an annual
21report on programs and services provided under this Section.
22The Such joint report shall be filed with the Governor and the
23General Assembly 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

 

 

09700SB0267sam001- 9 -LRB097 04061 KTG 54215 a

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) (Blank). To establish a procedure whereby new providers
22of personal care attendant services shall submit vouchers to
23the State 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.

 

 

09700SB0267sam001- 10 -LRB097 04061 KTG 54215 a

1    (k) (Blank). To provide adequate notice to providers of
2chore and housekeeping services informing them that they are
3entitled to an interest payment on bills which are not promptly
4paid pursuant 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

 

 

09700SB0267sam001- 11 -LRB097 04061 KTG 54215 a

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.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".