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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17more disabilities, including the administrative activities
18under subsection (e) of this Section, and to co-operate with
19State and local school authorities and other recognized
20agencies engaged in habilitation, rehabilitation and
21comprehensive rehabilitation services; and to cooperate with
22the Department of Children and Family Services regarding the
23care and education of children with one or more disabilities.

 

 

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1    (c) (Blank).
2    (d) To report in writing, to the Governor, annually on or
3before the first day of December, and at such other times and
4in such manner and upon such subjects as the Governor may
5require. The annual report shall contain (1) a statement of the
6existing condition of comprehensive rehabilitation services,
7habilitation and rehabilitation in the State; (2) a statement
8of suggestions and recommendations with reference to the
9development of comprehensive rehabilitation services,
10habilitation and rehabilitation in the State; and (3) an
11itemized statement of the amounts of money received from
12federal, State and other sources, and of the objects and
13purposes to which the respective items of these several amounts
14have been devoted.
15    (e) (Blank).
16    (f) To establish a program of services to prevent the
17unnecessary institutionalization of persons with Alzheimer's
18disease and related disorders or persons in need of long term
19care and who meet the criteria for blindness or disability are
20established as blind or disabled as defined by the Social
21Security Act, thereby enabling them to remain in their own
22homes or other living arrangements. Such preventive services
23may include, but are not limited to, any or all of the
24following:
25        (1) personal assistant services home health services;
26        (2) homemaker services home nursing services;

 

 

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1        (3) home-delivered meals homemaker services;
2        (4) adult day care services chore and housekeeping
3    services;
4        (5) respite care day care services;
5        (6) home modification or assistive equipment
6    home-delivered meals;
7        (7) home health services education in self-care;
8        (8) electronic home response personal care services;
9        (9) brain injury behavioral/cognitive services adult
10    day health services;
11        (10) brain injury habilitation habilitation services;
12        (11) brain injury pre-vocational services respite
13    care; or
14        (12) brain injury supported employment other
15    nonmedical social services that may enable the person to
16    become self-supporting.
17    The Department shall establish eligibility standards for
18such services taking into consideration the unique economic and
19social needs of the population for whom they are to be
20provided. Such eligibility standards may be based on the
21recipient's ability to pay for services; provided, however,
22that any portion of a person's income that is equal to or less
23than the "protected income" level shall not be considered by
24the Department in determining eligibility. The "protected
25income" level shall be determined by the Department, shall
26never be less than the federal poverty standard, and shall be

 

 

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1adjusted each year to reflect changes in the Consumer Price
2Index For All Urban Consumers as determined by the United
3States Department of Labor. The standards must provide that a
4person may not have not more than $10,000 in assets to be
5eligible for the services, and the Department may increase the
6asset limitation by rule. If the asset limit has been increased
7by rule and the Department subsequently requires a decrease in
8the asset limitation, that authority shall be authorized by
9rule but the limitation shall not be less than $10,000.
10Additionally, in determining the amount and nature of services
11for which a person may qualify, consideration shall not be
12given to the value of cash, property or other assets held in
13the name of the person's spouse pursuant to a written agreement
14dividing marital property into equal but separate shares or
15pursuant to a transfer of the person's interest in a home to
16his spouse, provided that the spouse's share of the marital
17property is not made available to the person seeking such
18services.
19    The services shall be provided, as established by the
20Department by rule, to eligible persons to prevent unnecessary
21or premature institutionalization, to the extent that the cost
22of the services, together with the other personal maintenance
23expenses of the persons, are reasonably related to the
24standards established for care in a group facility appropriate
25to their condition. These non-institutional services, pilot
26projects or experimental facilities may be provided as part of

 

 

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1or in addition to those authorized by federal law or those
2funded and administered by the Illinois Department on Aging.
3    Personal assistants shall be paid at a rate negotiated
4between the State and an exclusive representative of personal
5assistants under a collective bargaining agreement. In no case
6shall the Department pay personal assistants an hourly wage
7that is less than the federal minimum wage. care attendants
8shall be paid:
9        (i) A $5 per hour minimum rate beginning July 1, 1995.
10        (ii) A $5.30 per hour minimum rate beginning July 1,
11    1997.
12        (iii) A $5.40 per hour minimum rate beginning July 1,
13    1998.
14    Solely for the purposes of coverage under the Illinois
15Public Labor Relations Act (5 ILCS 315/), personal care
16attendants and personal assistants providing services under
17the Department's Home Services Program shall be considered to
18be public employees and the State of Illinois shall be
19considered to be their employer as of the effective date of
20this amendatory Act of the 93rd General Assembly, but not
21before. The State shall engage in collective bargaining with an
22exclusive representative of personal care attendants and
23personal assistants working under the Home Services Program
24concerning their terms and conditions of employment that are
25within the State's control. Nothing in this paragraph shall be
26understood to limit the right of the persons receiving services

 

 

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1defined in this Section to hire and fire personal care
2attendants and personal assistants or supervise them within the
3limitations set by the Home Services Program. The State shall
4not be considered to be the employer of personal care
5attendants and personal assistants for any purposes not
6specifically provided in this amendatory Act of the 93rd
7General Assembly, including but not limited to, purposes of
8vicarious liability in tort and purposes of statutory
9retirement or health insurance benefits. Personal care
10attendants and personal assistants shall not be covered by the
11State Employees Group Insurance Act of 1971 (5 ILCS 375/).
12    The Department shall execute, relative to the nursing home
13prescreening project, as authorized by Section 4.03 of the
14Illinois Act on the Aging, written inter-agency agreements with
15the Department on Aging and the Department of Public Aid (now
16Department of Healthcare and Family Services), to effect the
17following: (i) intake procedures and common eligibility
18criteria for those persons who may need long term care are
19receiving non-institutional services; and (ii) the
20establishment and development of non-institutional services in
21areas of the State where they are not currently available or
22are undeveloped. On and after July 1, 1996, all nursing home
23prescreenings for individuals 18 through 59 years of age shall
24be conducted by the Department, or a designee of the
25Department.
26    The Department is authorized to establish a system of

 

 

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1recipient cost-sharing for services provided under this
2Section. The cost-sharing shall be based upon the recipient's
3ability to pay for services, but in no case shall the
4recipient's share exceed the actual cost of the services
5provided. Protected income shall not be considered by the
6Department in its determination of the recipient's ability to
7pay a share of the cost of services. The level of cost-sharing
8shall be adjusted each year to reflect changes in the
9"protected income" level. The Department shall deduct from the
10recipient's share of the cost of services any money expended by
11the recipient for disability-related expenses.
12    To the extent permitted under the federal Social Security
13Act, the The Department, or the Department's authorized
14representative, may shall recover the amount of moneys expended
15for services provided to or in behalf of a person under this
16Section by a claim against the person's estate or against the
17estate of the person's surviving spouse, but no recovery may be
18had until after the death of the surviving spouse, if any, and
19then only at such time when there is no surviving child who is
20under age 21, blind, or permanently and totally disabled. This
21paragraph, however, shall not bar recovery, at the death of the
22person, of moneys for services provided to the person or in
23behalf of the person under this Section to which the person was
24not entitled; provided that such recovery shall not be enforced
25against any real estate while it is occupied as a homestead by
26the surviving spouse or other dependent, if no claims by other

 

 

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1creditors have been filed against the estate, or, if such
2claims have been filed, they remain dormant for failure of
3prosecution or failure of the claimant to compel administration
4of the estate for the purpose of payment. This paragraph shall
5not bar recovery from the estate of a spouse, under Sections
61915 and 1924 of the Social Security Act and Section 5-4 of the
7Illinois Public Aid Code, who precedes a person receiving
8services under this Section in death. All moneys for services
9paid to or in behalf of the person under this Section shall be
10claimed for recovery from the deceased spouse's estate.
11"Homestead", as used in this paragraph, means the dwelling
12house and contiguous real estate occupied by a surviving spouse
13or relative, as defined by the rules and regulations of the
14Department of Healthcare and Family Services, regardless of the
15value of the property.
16    The Department shall submit and the Department on Aging
17shall cooperate in the development and submission of an annual
18report on programs and services provided under this Section.
19The Such joint report shall be filed with the Governor and the
20General Assembly on or before March 30 each year.
21    The requirement for reporting to the General Assembly shall
22be satisfied by filing copies of the report with the Speaker,
23the Minority Leader and the Clerk of the House of
24Representatives and the President, the Minority Leader and the
25Secretary of the Senate and the Legislative Research Unit, as
26required by Section 3.1 of the General Assembly Organization

 

 

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1Act, and filing additional copies with the State Government
2Report Distribution Center for the General Assembly as required
3under paragraph (t) of Section 7 of the State Library Act.
4    (g) To establish such subdivisions of the Department as
5shall be desirable and assign to the various subdivisions the
6responsibilities and duties placed upon the Department by law.
7    (h) To cooperate and enter into any necessary agreements
8with the Department of Employment Security for the provision of
9job placement and job referral services to clients of the
10Department, including job service registration of such clients
11with Illinois Employment Security offices and making job
12listings maintained by the Department of Employment Security
13available to such clients.
14    (i) To possess all powers reasonable and necessary for the
15exercise and administration of the powers, duties and
16responsibilities of the Department which are provided for by
17law.
18    (j) (Blank). To establish a procedure whereby new providers
19of personal care attendant services shall submit vouchers to
20the State for payment two times during their first month of
21employment and one time per month thereafter. In no case shall
22the Department pay personal care attendants an hourly wage that
23is less than the federal minimum wage.
24    (k) (Blank). To provide adequate notice to providers of
25chore and housekeeping services informing them that they are
26entitled to an interest payment on bills which are not promptly

 

 

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

 

 

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1court, the General Assembly or any committee or commission of
2the General Assembly, and other persons and for reasons as the
3Director designates by rule. Disclosure by the Director may be
4only in accordance with other applicable law.
5(Source: P.A. 94-252, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.