Sen. David Koehler

Filed: 2/27/2012

 

 


 

 


 
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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

 

 

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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    The Department shall set rates and fees for such services

 

 

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

 

 

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1attendants and personal assistants for any purposes not
2specifically provided in this amendatory Act of the 93rd
3General Assembly, including but not limited to, purposes of
4vicarious liability in tort and purposes of statutory
5retirement or health insurance benefits. Personal care
6attendants and personal assistants shall not be covered by the
7State Employees Group Insurance Act of 1971 (5 ILCS 375/).
8    The Department shall execute, relative to the nursing home
9prescreening project, as authorized by Section 4.03 of the
10Illinois Act on the Aging, written inter-agency agreements with
11the Department on Aging and the Department of Public Aid (now
12Department of Healthcare and Family Services), to effect the
13following: (i) intake procedures and common eligibility
14criteria for those persons who are receiving non-institutional
15services; and (ii) the establishment and development of
16non-institutional services in areas of the State where they are
17not currently available or are undeveloped. On and after July
181, 1996, all nursing home prescreenings for individuals 18
19through 59 years of age shall be conducted by the Department.
20    The Department is authorized to establish a system of
21recipient cost-sharing for services provided under this
22Section. The cost-sharing shall be based upon the recipient's
23ability to pay for services, but in no case shall the
24recipient's share exceed the actual cost of the services
25provided. Protected income shall not be considered by the
26Department in its determination of the recipient's ability to

 

 

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1pay a share of the cost of services. The level of cost-sharing
2shall be adjusted each year to reflect changes in the
3"protected income" level. The Department shall deduct from the
4recipient's share of the cost of services any money expended by
5the recipient for disability-related expenses.
6    The Department, or the Department's authorized
7representative, shall recover the amount of moneys expended for
8services provided to or in behalf of a person under this
9Section by a claim against the person's estate or against the
10estate of the person's surviving spouse, but no recovery may be
11had until after the death of the surviving spouse, if any, and
12then only at such time when there is no surviving child who is
13under age 21, blind, or permanently and totally disabled. This
14paragraph, however, shall not bar recovery, at the death of the
15person, of moneys for services provided to the person or in
16behalf of the person under this Section to which the person was
17not entitled; provided that such recovery shall not be enforced
18against any real estate while it is occupied as a homestead by
19the surviving spouse or other dependent, if no claims by other
20creditors have been filed against the estate, or, if such
21claims have been filed, they remain dormant for failure of
22prosecution or failure of the claimant to compel administration
23of the estate for the purpose of payment. This paragraph shall
24not bar recovery from the estate of a spouse, under Sections
251915 and 1924 of the Social Security Act and Section 5-4 of the
26Illinois Public Aid Code, who precedes a person receiving

 

 

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1services under this Section in death. All moneys for services
2paid to or in behalf of the person under this Section shall be
3claimed for recovery from the deceased spouse's estate.
4"Homestead", as used in this paragraph, means the dwelling
5house and contiguous real estate occupied by a surviving spouse
6or relative, as defined by the rules and regulations of the
7Department of Healthcare and Family Services, regardless of the
8value of the property.
9    The Department and the Department on Aging shall cooperate
10in the development and submission of an annual report on
11programs and services provided under this Section. Such joint
12report shall be filed with the Governor and the General
13Assembly on or before March 30 each year.
14    The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report with the Speaker,
16the Minority Leader and the Clerk of the House of
17Representatives and the President, the Minority Leader and the
18Secretary of the Senate and the Legislative Research Unit, as
19required by Section 3.1 of the General Assembly Organization
20Act, and filing additional copies with the State Government
21Report Distribution Center for the General Assembly as required
22under paragraph (t) of Section 7 of the State Library Act.
23    (g) To establish such subdivisions of the Department as
24shall be desirable and assign to the various subdivisions the
25responsibilities and duties placed upon the Department by law.
26    (h) To cooperate and enter into any necessary agreements

 

 

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1with the Department of Employment Security for the provision of
2job placement and job referral services to clients of the
3Department, including job service registration of such clients
4with Illinois Employment Security offices and making job
5listings maintained by the Department of Employment Security
6available to such clients.
7    (i) To possess all powers reasonable and necessary for the
8exercise and administration of the powers, duties and
9responsibilities of the Department which are provided for by
10law.
11    (j) To establish a procedure whereby new providers of
12personal care attendant services shall submit vouchers to the
13State for payment two times during their first month of
14employment and one time per month thereafter. In no case shall
15the Department pay personal care attendants an hourly wage that
16is less than the federal minimum wage.
17    (k) To provide adequate notice to providers of chore and
18housekeeping services informing them that they are entitled to
19an interest payment on bills which are not promptly paid
20pursuant to Section 3 of the State Prompt Payment Act.
21    (l) To establish, operate and maintain a Statewide Housing
22Clearinghouse of information on available, government
23subsidized housing accessible to disabled persons and
24available privately owned housing accessible to disabled
25persons. The information shall include but not be limited to
26the location, rental requirements, access features and

 

 

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1proximity to public transportation of available housing. The
2Clearinghouse shall consist of at least a computerized database
3for the storage and retrieval of information and a separate or
4shared toll free telephone number for use by those seeking
5information from the Clearinghouse. Department offices and
6personnel throughout the State shall also assist in the
7operation of the Statewide Housing Clearinghouse. Cooperation
8with local, State and federal housing managers shall be sought
9and extended in order to frequently and promptly update the
10Clearinghouse's information.
11    (m) To assure that the names and case records of persons
12who received or are receiving services from the Department,
13including persons receiving vocational rehabilitation, home
14services, or other services, and those attending one of the
15Department's schools or other supervised facility shall be
16confidential and not be open to the general public. Those case
17records and reports or the information contained in those
18records and reports shall be disclosed by the Director only to
19proper law enforcement officials, individuals authorized by a
20court, the General Assembly or any committee or commission of
21the General Assembly, and other persons and for reasons as the
22Director designates by rule. Disclosure by the Director may be
23only in accordance with other applicable law.
24(Source: P.A. 94-252, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".