SB1351 EnrolledLRB097 02736 KTG 43160 b

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 or
6decrease the asset limitation by rule. The Department may not
7decrease the asset level below $10,000. Additionally, in
8determining the amount and nature of services for which a
9person may qualify, consideration shall not be given to the
10value of cash, property or other assets held in the name of the
11person's spouse pursuant to a written agreement dividing
12marital property into equal but separate shares or pursuant to
13a transfer of the person's interest in a home to his spouse,
14provided that the spouse's share of the marital property is not
15made available to the person seeking such services.
16    The services shall be provided, as established by the
17Department by rule, to eligible persons to prevent unnecessary
18or premature institutionalization, to the extent that the cost
19of the services, together with the other personal maintenance
20expenses of the persons, are reasonably related to the
21standards established for care in a group facility appropriate
22to their condition. These non-institutional services, pilot
23projects or experimental facilities may be provided as part of
24or in addition to those authorized by federal law or those
25funded and administered by the Illinois Department on Aging.
26    Personal assistants shall be paid at a rate negotiated

 

 

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

 

 

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

 

 

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

 

 

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1of the estate for the purpose of payment. This paragraph shall
2not bar recovery from the estate of a spouse, under Sections
31915 and 1924 of the Social Security Act and Section 5-4 of the
4Illinois Public Aid Code, who precedes a person receiving
5services under this Section in death. All moneys for services
6paid to or in behalf of the person under this Section shall be
7claimed for recovery from the deceased spouse's estate.
8"Homestead", as used in this paragraph, means the dwelling
9house and contiguous real estate occupied by a surviving spouse
10or relative, as defined by the rules and regulations of the
11Department of Healthcare and Family Services, regardless of the
12value of the property.
13    The Department shall submit and the Department on Aging
14shall cooperate in the development and submission of an annual
15report on programs and services provided under this Section.
16The Such joint report shall be filed with the Governor and the
17General Assembly on or before March 30 each year.
18    The requirement for reporting to the General Assembly shall
19be satisfied by filing copies of the report with the Speaker,
20the Minority Leader and the Clerk of the House of
21Representatives and the President, the Minority Leader and the
22Secretary of the Senate and the Legislative Research Unit, as
23required by Section 3.1 of the General Assembly Organization
24Act, and filing additional copies with the State Government
25Report Distribution Center for the General Assembly as required
26under paragraph (t) of Section 7 of the State Library Act.

 

 

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

 

 

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

 

 

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1only in accordance with other applicable law.
2(Source: P.A. 94-252, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.