Sen. David Koehler

Filed: 2/27/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1351

2    AMENDMENT NO. ______. Amend Senate Bill 1351 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 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

 

 

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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) home health services education in self-care;
15        (8) electronic home response personal care services;
16        (9) brain injury behavioral/cognitive services adult
17    day health services;
18        (10) brain injury habilitation habilitation services;
19        (11) brain injury pre-vocational services respite
20    care; or
21        (12) brain injury supported employment other
22    nonmedical social services that may enable the person to
23    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

 

 

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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

 

 

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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

 

 

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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

 

 

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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    To the extent permitted under the federal Social Security
17Act, the The Department, or the Department's authorized
18representative, may shall recover the amount of moneys expended
19for services provided to or in behalf of a person under this
20Section by a claim against the person's estate or against the
21estate of the person's surviving spouse, but no recovery may be
22had until after the death of the surviving spouse, if any, and
23then only at such time when there is no surviving child who is
24under age 21, blind, or permanently and totally disabled. This
25paragraph, however, shall not bar recovery, at the death of the
26person, of moneys for services provided to the person or in

 

 

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1behalf of the person under this Section to which the person was
2not entitled; provided that such recovery shall not be enforced
3against any real estate while it is occupied as a homestead by
4the surviving spouse or other dependent, if no claims by other
5creditors have been filed against the estate, or, if such
6claims have been filed, they remain dormant for failure of
7prosecution or failure of the claimant to compel administration
8of the estate for the purpose of payment. This paragraph shall
9not bar recovery from the estate of a spouse, under Sections
101915 and 1924 of the Social Security Act and Section 5-4 of the
11Illinois Public Aid Code, who precedes a person receiving
12services under this Section in death. All moneys for services
13paid to or in behalf of the person under this Section shall be
14claimed for recovery from the deceased spouse's estate.
15"Homestead", as used in this paragraph, means the dwelling
16house and contiguous real estate occupied by a surviving spouse
17or relative, as defined by the rules and regulations of the
18Department of Healthcare and Family Services, regardless of the
19value of the property.
20    The Department shall submit and the Department on Aging
21shall cooperate in the development and submission of an annual
22report on programs and services provided under this Section.
23The Such joint report shall be filed with the Governor and the
24General Assembly on or before March 30 each year.
25    The requirement for reporting to the General Assembly shall
26be satisfied by filing copies of the report with the Speaker,

 

 

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

 

 

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

 

 

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1confidential and not be open to the general public. Those case
2records and reports or the information contained in those
3records and reports shall be disclosed by the Director only to
4proper law enforcement officials, individuals authorized by a
5court, the General Assembly or any committee or commission of
6the General Assembly, and other persons and for reasons as the
7Director designates by rule. Disclosure by the Director may be
8only in accordance with other applicable law.
9(Source: P.A. 94-252, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".