Rep. Greg Harris

Filed: 11/18/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3216

2    AMENDMENT NO. ______. Amend Senate Bill 3216 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Act on the Aging is amended by
5changing Section 4.02 as follows:
 
6    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
7    Sec. 4.02. Community Care Program. The Department shall
8establish a program of services to prevent unnecessary
9institutionalization of persons age 60 and older in need of
10long term care or who are established as persons who suffer
11from Alzheimer's disease or a related disorder under the
12Alzheimer's Disease Assistance Act, thereby enabling them to
13remain in their own homes or in other living arrangements. Such
14preventive services, which may be coordinated with other
15programs for the aged and monitored by area agencies on aging
16in cooperation with the Department, may include, but are not

 

 

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1limited to, any or all of the following:
2        (a) (blank);
3        (b) (blank);
4        (c) home care aide services;
5        (d) personal assistant services;
6        (e) adult day services;
7        (f) home-delivered meals;
8        (g) education in self-care;
9        (h) personal care services;
10        (i) adult day health services;
11        (j) habilitation services;
12        (k) respite care;
13        (k-5) community reintegration services;
14        (k-6) flexible senior services;
15        (k-7) medication management;
16        (k-8) emergency home response;
17        (l) other nonmedical social services that may enable
18    the person to become self-supporting; or
19        (m) clearinghouse for information provided by senior
20    citizen home owners who want to rent rooms to or share
21    living space with other senior citizens.
22    The Department shall establish eligibility standards for
23such services. In determining the amount and nature of services
24for which a person may qualify, consideration shall not be
25given to the value of cash, property or other assets held in
26the name of the person's spouse pursuant to a written agreement

 

 

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1dividing marital property into equal but separate shares or
2pursuant to a transfer of the person's interest in a home to
3his spouse, provided that the spouse's share of the marital
4property is not made available to the person seeking such
5services.
6    Beginning January 1, 2008, the Department shall require as
7a condition of eligibility that all new financially eligible
8applicants apply for and enroll in medical assistance under
9Article V of the Illinois Public Aid Code in accordance with
10rules promulgated by the Department.
11    The Department shall, in conjunction with the Department of
12Public Aid (now Department of Healthcare and Family Services),
13seek appropriate amendments under Sections 1915 and 1924 of the
14Social Security Act. The purpose of the amendments shall be to
15extend eligibility for home and community based services under
16Sections 1915 and 1924 of the Social Security Act to persons
17who transfer to or for the benefit of a spouse those amounts of
18income and resources allowed under Section 1924 of the Social
19Security Act. Subject to the approval of such amendments, the
20Department shall extend the provisions of Section 5-4 of the
21Illinois Public Aid Code to persons who, but for the provision
22of home or community-based services, would require the level of
23care provided in an institution, as is provided for in federal
24law. Those persons no longer found to be eligible for receiving
25noninstitutional services due to changes in the eligibility
26criteria shall be given 45 days notice prior to actual

 

 

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1termination. Those persons receiving notice of termination may
2contact the Department and request the determination be
3appealed at any time during the 45 day notice period. The
4target population identified for the purposes of this Section
5are persons age 60 and older with an identified service need.
6Priority shall be given to those who are at imminent risk of
7institutionalization. The services shall be provided to
8eligible persons age 60 and older to the extent that the cost
9of the services together with the other personal maintenance
10expenses of the persons are reasonably related to the standards
11established for care in a group facility appropriate to the
12person's condition. These non-institutional services, pilot
13projects or experimental facilities may be provided as part of
14or in addition to those authorized by federal law or those
15funded and administered by the Department of Human Services.
16The Departments of Human Services, Healthcare and Family
17Services, Public Health, Veterans' Affairs, and Commerce and
18Economic Opportunity and other appropriate agencies of State,
19federal and local governments shall cooperate with the
20Department on Aging in the establishment and development of the
21non-institutional services. The Department shall require an
22annual audit from all personal assistant and home care aide
23vendors contracting with the Department under this Section. The
24annual audit shall assure that each audited vendor's procedures
25are in compliance with Department's financial reporting
26guidelines requiring an administrative and employee wage and

 

 

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1benefits cost split as defined in administrative rules. The
2audit is a public record under the Freedom of Information Act.
3The Department shall execute, relative to the nursing home
4prescreening project, written inter-agency agreements with the
5Department of Human Services and the Department of Healthcare
6and Family Services, to effect the following: (1) intake
7procedures and common eligibility criteria for those persons
8who are receiving non-institutional services; and (2) the
9establishment and development of non-institutional services in
10areas of the State where they are not currently available or
11are undeveloped. On and after July 1, 1996, all nursing home
12prescreenings for individuals 60 years of age or older shall be
13conducted by the Department.
14    As part of the Department on Aging's routine training of
15case managers and case manager supervisors, the Department may
16include information on family futures planning for persons who
17are age 60 or older and who are caregivers of their adult
18children with developmental disabilities. The content of the
19training shall be at the Department's discretion.
20    The Department is authorized to establish a system of
21recipient copayment for services provided under this Section,
22such copayment to be based upon the recipient's ability to pay
23but in no case to exceed the actual cost of the services
24provided. Additionally, any portion of a person's income which
25is equal to or less than the federal poverty standard shall not
26be considered by the Department in determining the copayment.

 

 

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1The level of such copayment shall be adjusted whenever
2necessary to reflect any change in the officially designated
3federal poverty standard.
4    The Department, or the Department's authorized
5representative, may recover the amount of moneys expended for
6services provided to or in behalf of a person under this
7Section by a claim against the person's estate or against the
8estate of the person's surviving spouse, but no recovery may be
9had until after the death of the surviving spouse, if any, and
10then only at such time when there is no surviving child who is
11under age 21, blind, or permanently and totally disabled. This
12paragraph, however, shall not bar recovery, at the death of the
13person, of moneys for services provided to the person or in
14behalf of the person under this Section to which the person was
15not entitled; provided that such recovery shall not be enforced
16against any real estate while it is occupied as a homestead by
17the surviving spouse or other dependent, if no claims by other
18creditors have been filed against the estate, or, if such
19claims have been filed, they remain dormant for failure of
20prosecution or failure of the claimant to compel administration
21of the estate for the purpose of payment. This paragraph shall
22not bar recovery from the estate of a spouse, under Sections
231915 and 1924 of the Social Security Act and Section 5-4 of the
24Illinois Public Aid Code, who precedes a person receiving
25services under this Section in death. All moneys for services
26paid to or in behalf of the person under this Section shall be

 

 

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1claimed for recovery from the deceased spouse's estate.
2"Homestead", as used in this paragraph, means the dwelling
3house and contiguous real estate occupied by a surviving spouse
4or relative, as defined by the rules and regulations of the
5Department of Healthcare and Family Services, regardless of the
6value of the property.
7    The Department shall increase the effectiveness of the
8existing Community Care Program by:
9        (1) ensuring that in-home services included in the care
10    plan are available on evenings and weekends;
11        (2) ensuring that care plans contain the services that
12    eligible participants need based on the number of days in a
13    month, not limited to specific blocks of time, as
14    identified by the comprehensive assessment tool selected
15    by the Department for use statewide, not to exceed the
16    total monthly service cost maximum allowed for each
17    service; the Department shall develop administrative rules
18    to implement this item (2);
19        (3) ensuring that the participants have the right to
20    choose the services contained in their care plan and to
21    direct how those services are provided, based on
22    administrative rules established by the Department;
23        (4) ensuring that the determination of need tool is
24    accurate in determining the participants' level of need; to
25    achieve this, the Department, in conjunction with the Older
26    Adult Services Advisory Committee, shall institute a study

 

 

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1    of the relationship between the Determination of Need
2    scores, level of need, service cost maximums, and the
3    development and utilization of service plans no later than
4    May 1, 2008; findings and recommendations shall be
5    presented to the Governor and the General Assembly no later
6    than January 1, 2009; recommendations shall include all
7    needed changes to the service cost maximums schedule and
8    additional covered services;
9        (5) ensuring that homemakers can provide personal care
10    services that may or may not involve contact with clients,
11    including but not limited to:
12            (A) bathing;
13            (B) grooming;
14            (C) toileting;
15            (D) nail care;
16            (E) transferring;
17            (F) respiratory services;
18            (G) exercise; or
19            (H) positioning;
20        (6) ensuring that homemaker program vendors are not
21    restricted from hiring homemakers who are family members of
22    clients or recommended by clients; the Department may not,
23    by rule or policy, require homemakers who are family
24    members of clients or recommended by clients to accept
25    assignments in homes other than the client;
26        (7) ensuring that the State may access maximum federal

 

 

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1    matching funds by seeking approval for the Centers for
2    Medicare and Medicaid Services for modifications to the
3    State's home and community based services waiver and
4    additional waiver opportunities, including applying for
5    enrollment in the Balance Incentive Payment Program by May
6    1, 2013, in order to maximize federal matching funds; this
7    shall include, but not be limited to, modification that
8    reflects all changes in the Community Care Program services
9    and all increases in the services cost maximum;
10        (8) ensuring that the determination of need tool
11    accurately reflects the service needs of individuals with
12    Alzheimer's disease and related dementia disorders;
13        (9) ensuring that services are authorized accurately
14    and consistently for the Community Care Program (CCP); the
15    Department shall implement a Service Authorization policy
16    directive; the purpose shall be to ensure that eligibility
17    and services are authorized accurately and consistently in
18    the CCP program; the policy directive shall clarify service
19    authorization guidelines to Care Coordination Units and
20    Community Care Program providers no later than May 1, 2013;
21        (10) working in conjunction with Care Coordination
22    Units, the Department of Healthcare and Family Services,
23    the Department of Human Services, Community Care Program
24    providers, and other stakeholders to make improvements to
25    the Medicaid claiming processes and the Medicaid
26    enrollment procedures or requirements as needed,

 

 

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1    including, but not limited to, specific policy changes or
2    rules to improve the up-front enrollment of participants in
3    the Medicaid program and specific policy changes or rules
4    to insure more prompt submission of bills to the federal
5    government to secure maximum federal matching dollars as
6    promptly as possible; the Department on Aging shall have at
7    least 3 meetings with stakeholders by January 1, 2014 in
8    order to address these improvements;
9        (11) requiring home care service providers to comply
10    with the rounding of hours worked provisions under the
11    federal Fair Labor Standards Act (FLSA) and as set forth in
12    29 CFR 785.48(b) by May 1, 2013;
13        (12) implementing any necessary policy changes or
14    promulgating any rules, no later than January 1, 2014, to
15    assist the Department of Healthcare and Family Services in
16    moving as many participants as possible, consistent with
17    federal regulations, into coordinated care plans if a care
18    coordination plan that covers long term care is available
19    in the recipient's area; and
20        (13) maintaining fiscal year 2014 rates at the same
21    level established on January 1, 2013.
22    By January 1, 2009 or as soon after the end of the Cash and
23Counseling Demonstration Project as is practicable, the
24Department may, based on its evaluation of the demonstration
25project, promulgate rules concerning personal assistant
26services, to include, but need not be limited to,

 

 

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1qualifications, employment screening, rights under fair labor
2standards, training, fiduciary agent, and supervision
3requirements. All applicants shall be subject to the provisions
4of the Health Care Worker Background Check Act.
5    The Department shall develop procedures to enhance
6availability of services on evenings, weekends, and on an
7emergency basis to meet the respite needs of caregivers.
8Procedures shall be developed to permit the utilization of
9services in successive blocks of 24 hours up to the monthly
10maximum established by the Department. Workers providing these
11services shall be appropriately trained.
12    Beginning on the effective date of this Amendatory Act of
131991, no person may perform chore/housekeeping and home care
14aide services under a program authorized by this Section unless
15that person has been issued a certificate of pre-service to do
16so by his or her employing agency. Information gathered to
17effect such certification shall include (i) the person's name,
18(ii) the date the person was hired by his or her current
19employer, and (iii) the training, including dates and levels.
20Persons engaged in the program authorized by this Section
21before the effective date of this amendatory Act of 1991 shall
22be issued a certificate of all pre- and in-service training
23from his or her employer upon submitting the necessary
24information. The employing agency shall be required to retain
25records of all staff pre- and in-service training, and shall
26provide such records to the Department upon request and upon

 

 

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1termination of the employer's contract with the Department. In
2addition, the employing agency is responsible for the issuance
3of certifications of in-service training completed to their
4employees.
5    The Department is required to develop a system to ensure
6that persons working as home care aides and personal assistants
7receive increases in their wages when the federal minimum wage
8is increased by requiring vendors to certify that they are
9meeting the federal minimum wage statute for home care aides
10and personal assistants. An employer that cannot ensure that
11the minimum wage increase is being given to home care aides and
12personal assistants shall be denied any increase in
13reimbursement costs.
14    The Community Care Program Advisory Committee is created in
15the Department on Aging. The Director shall appoint individuals
16to serve in the Committee, who shall serve at their own
17expense. Members of the Committee must abide by all applicable
18ethics laws. The Committee shall advise the Department on
19issues related to the Department's program of services to
20prevent unnecessary institutionalization. The Committee shall
21meet on a bi-monthly basis and shall serve to identify and
22advise the Department on present and potential issues affecting
23the service delivery network, the program's clients, and the
24Department and to recommend solution strategies. Persons
25appointed to the Committee shall be appointed on, but not
26limited to, their own and their agency's experience with the

 

 

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1program, geographic representation, and willingness to serve.
2The Director shall appoint members to the Committee to
3represent provider, advocacy, policy research, and other
4constituencies committed to the delivery of high quality home
5and community-based services to older adults. Representatives
6shall be appointed to ensure representation from community care
7providers including, but not limited to, adult day service
8providers, homemaker providers, case coordination and case
9management units, emergency home response providers, statewide
10trade or labor unions that represent home care aides and direct
11care staff, area agencies on aging, adults over age 60,
12membership organizations representing older adults, and other
13organizational entities, providers of care, or individuals
14with demonstrated interest and expertise in the field of home
15and community care as determined by the Director.
16    Nominations may be presented from any agency or State
17association with interest in the program. The Director, or his
18or her designee, shall serve as the permanent co-chair of the
19advisory committee. One other co-chair shall be nominated and
20approved by the members of the committee on an annual basis.
21Committee members' terms of appointment shall be for 4 years
22with one-quarter of the appointees' terms expiring each year. A
23member shall continue to serve until his or her replacement is
24named. The Department shall fill vacancies that have a
25remaining term of over one year, and this replacement shall
26occur through the annual replacement of expiring terms. The

 

 

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1Director shall designate Department staff to provide technical
2assistance and staff support to the committee. Department
3representation shall not constitute membership of the
4committee. All Committee papers, issues, recommendations,
5reports, and meeting memoranda are advisory only. The Director,
6or his or her designee, shall make a written report, as
7requested by the Committee, regarding issues before the
8Committee.
9    The Department on Aging and the Department of Human
10Services shall cooperate in the development and submission of
11an annual report on programs and services provided under this
12Section. Such joint report shall be filed with the Governor and
13the General Assembly on or before September 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 such additional copies with the State Government
21Report Distribution Center for the General Assembly as is
22required under paragraph (t) of Section 7 of the State Library
23Act.
24    Those persons previously found eligible for receiving
25non-institutional services whose services were discontinued
26under the Emergency Budget Act of Fiscal Year 1992, and who do

 

 

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1not meet the eligibility standards in effect on or after July
21, 1992, shall remain ineligible on and after July 1, 1992.
3Those persons previously not required to cost-share and who
4were required to cost-share effective March 1, 1992, shall
5continue to meet cost-share requirements on and after July 1,
61992. Beginning July 1, 1992, all clients will be required to
7meet eligibility, cost-share, and other requirements and will
8have services discontinued or altered when they fail to meet
9these requirements.
10    For the purposes of this Section, "flexible senior
11services" refers to services that require one-time or periodic
12expenditures including, but not limited to, respite care, home
13modification, assistive technology, housing assistance, and
14transportation.
15    The Department shall implement an electronic service
16verification based on global positioning systems or other
17cost-effective technology for the Community Care Program no
18later than January 1, 2014.
19    The Department shall require, as a condition of
20eligibility, enrollment in the medical assistance program
21under Article V of the Illinois Public Aid Code (i) beginning
22August 1, 2013, if the Auditor General has reported that the
23Department has failed to comply with the reporting requirements
24of Section 2-27 of the Illinois State Auditing Act; or (ii)
25beginning June 1, 2014, if the Auditor General has reported
26that the Department has not undertaken the required actions

 

 

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1listed in the report required by subsection (a) of Section 2-27
2of the Illinois State Auditing Act.
3    The Department shall delay Community Care Program services
4until an applicant is determined eligible for medical
5assistance under Article V of the Illinois Public Aid Code (i)
6beginning August 1, 2013, if the Auditor General has reported
7that the Department has failed to comply with the reporting
8requirements of Section 2-27 of the Illinois State Auditing
9Act; or (ii) beginning June 1, 2014, if the Auditor General has
10reported that the Department has not undertaken the required
11actions listed in the report required by subsection (a) of
12Section 2-27 of the Illinois State Auditing Act.
13    The Department shall implement co-payments for the
14Community Care Program at the federally allowable maximum level
15(i) beginning August 1, 2013, if the Auditor General has
16reported that the Department has failed to comply with the
17reporting requirements of Section 2-27 of the Illinois State
18Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
19General has reported that the Department has not undertaken the
20required actions listed in the report required by subsection
21(a) of Section 2-27 of the Illinois State Auditing Act.
22    The Department shall provide a bi-monthly report on the
23progress of the Community Care Program reforms set forth in
24this amendatory Act of the 98th General Assembly to the
25Governor, the Speaker of the House of Representatives, the
26Minority Leader of the House of Representatives, the President

 

 

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1of the Senate, and the Minority Leader of the Senate.
2    The Department shall conduct a quarterly review of Care
3Coordination Unit performance and adherence to service
4guidelines. The quarterly review shall be reported to the
5Speaker of the House of Representatives, the Minority Leader of
6the House of Representatives, the President of the Senate, and
7the Minority Leader of the Senate. The Department shall collect
8and report longitudinal data on the performance of each care
9coordination unit. Nothing in this paragraph shall be construed
10to require the Department to identify specific care
11coordination units.
12    In regard to community care providers, failure to comply
13with Department on Aging policies shall be cause for
14disciplinary action, including, but not limited to,
15disqualification from serving Community Care Program clients.
16Each provider, upon submission of any bill or invoice to the
17Department for payment for services rendered, shall include a
18notarized statement, under penalty of perjury pursuant to
19Section 1-109 of the Code of Civil Procedure, that the provider
20has complied with all Department policies.
21    The Department shall pay an enhanced rate under the
22Community Care Program to those in-home service provider
23agencies that offer health insurance coverage as a benefit to
24their direct service worker employees consistent with the
25mandates of Public Act 95-713.
26(Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13.)
 

 

 

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1    Section 10. The Disabled Persons Rehabilitation Act is
2amended by changing Section 3 as follows:
 
3    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
4    Sec. 3. Powers and duties. The Department shall have the
5powers and duties enumerated herein:
6    (a) To co-operate with the federal government in the
7administration of the provisions of the federal Rehabilitation
8Act of 1973, as amended, of the Workforce Investment Act of
91998, and of the federal Social Security Act to the extent and
10in the manner provided in these Acts.
11    (b) To prescribe and supervise such courses of vocational
12training and provide such other services as may be necessary
13for the habilitation and rehabilitation of persons with one or
14more disabilities, including the administrative activities
15under subsection (e) of this Section, and to co-operate with
16State and local school authorities and other recognized
17agencies engaged in habilitation, rehabilitation and
18comprehensive rehabilitation services; and to cooperate with
19the Department of Children and Family Services regarding the
20care and education of children with one or more disabilities.
21    (c) (Blank).
22    (d) To report in writing, to the Governor, annually on or
23before the first day of December, and at such other times and
24in such manner and upon such subjects as the Governor may

 

 

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1require. The annual report shall contain (1) a statement of the
2existing condition of comprehensive rehabilitation services,
3habilitation and rehabilitation in the State; (2) a statement
4of suggestions and recommendations with reference to the
5development of comprehensive rehabilitation services,
6habilitation and rehabilitation in the State; and (3) an
7itemized statement of the amounts of money received from
8federal, State and other sources, and of the objects and
9purposes to which the respective items of these several amounts
10have been devoted.
11    (e) (Blank).
12    (f) To establish a program of services to prevent the
13unnecessary institutionalization of persons in need of long
14term care and who meet the criteria for blindness or disability
15as defined by the Social Security Act, thereby enabling them to
16remain in their own homes. Such preventive services include any
17or all of the following:
18        (1) personal assistant services;
19        (2) homemaker services;
20        (3) home-delivered meals;
21        (4) adult day care services;
22        (5) respite care;
23        (6) home modification or assistive equipment;
24        (7) home health services;
25        (8) electronic home response;
26        (9) brain injury behavioral/cognitive services;

 

 

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1        (10) brain injury habilitation;
2        (11) brain injury pre-vocational services; or
3        (12) brain injury supported employment.
4    The Department shall establish eligibility standards for
5such services taking into consideration the unique economic and
6social needs of the population for whom they are to be
7provided. Such eligibility standards may be based on the
8recipient's ability to pay for services; provided, however,
9that any portion of a person's income that is equal to or less
10than the "protected income" level shall not be considered by
11the Department in determining eligibility. The "protected
12income" level shall be determined by the Department, shall
13never be less than the federal poverty standard, and shall be
14adjusted each year to reflect changes in the Consumer Price
15Index For All Urban Consumers as determined by the United
16States Department of Labor. The standards must provide that a
17person may not have more than $10,000 in assets to be eligible
18for the services, and the Department may increase or decrease
19the asset limitation by rule. The Department may not decrease
20the asset level below $10,000.
21    The services shall be provided, as established by the
22Department by rule, to eligible persons to prevent unnecessary
23or premature institutionalization, to the extent that the cost
24of the services, together with the other personal maintenance
25expenses of the persons, are reasonably related to the
26standards established for care in a group facility appropriate

 

 

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1to their condition. These non-institutional services, pilot
2projects or experimental facilities may be provided as part of
3or in addition to those authorized by federal law or those
4funded and administered by the Illinois Department on Aging.
5The Department shall set rates and fees for services in a fair
6and equitable manner. Services identical to those offered by
7the Department on Aging shall be paid at the same rate.
8    Personal assistants shall be paid at a rate negotiated
9between the State and an exclusive representative of personal
10assistants under a collective bargaining agreement. In no case
11shall the Department pay personal assistants an hourly wage
12that is less than the federal minimum wage.
13    Solely for the purposes of coverage under the Illinois
14Public Labor Relations Act (5 ILCS 315/), personal assistants
15providing services under the Department's Home Services
16Program shall be considered to be public employees and the
17State of Illinois shall be considered to be their employer as
18of the effective date of this amendatory Act of the 93rd
19General Assembly, but not before. Solely for the purposes of
20coverage under the Illinois Public Labor Relations Act, home
21care and home health workers who function as personal
22assistants and individual maintenance home health workers and
23who also provide services under the Department's Home Services
24Program shall be considered to be public employees, no matter
25whether the State provides such services through direct
26fee-for-service arrangements, with the assistance of a managed

 

 

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1care organization or other intermediary, or otherwise, and the
2State of Illinois shall be considered to be the employer of
3those persons as of January 29, 2013 (the effective date of
4Public Act 97-1158), but not before except as otherwise
5provided under this subsection (f). The State shall engage in
6collective bargaining with an exclusive representative of home
7care and home health workers who function as personal
8assistants and individual maintenance home health workers
9working under the Home Services Program concerning their terms
10and conditions of employment that are within the State's
11control. Nothing in this paragraph shall be understood to limit
12the right of the persons receiving services defined in this
13Section to hire and fire home care and home health workers who
14function as personal assistants and individual maintenance
15home health workers working under the Home Services Program or
16to supervise them within the limitations set by the Home
17Services Program. The State shall not be considered to be the
18employer of home care and home health workers who function as
19personal assistants and individual maintenance home health
20workers working under the Home Services Program for any
21purposes not specifically provided in Public Act 93-204 or
22Public Act 97-1158, including but not limited to, purposes of
23vicarious liability in tort and purposes of statutory
24retirement or health insurance benefits. Home care and home
25health workers who function as personal assistants and
26individual maintenance home health workers and who also provide

 

 

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1services under the Department's Home Services Program shall not
2be covered by the State Employees Group Insurance Act of 1971
3(5 ILCS 375/).
4    Any person providing services as an individual provider
5under the Department's Home Services Program shall submit to a
6criminal history background check. The Department shall
7promulgate rules that (i) are necessary to implement this
8provision; and (ii) indicate any condition or circumstance when
9an individual provider shall be denied employment as a result
10of the criminal history background check. For purposes of this
11paragraph, "individual provider" means a person providing
12services under the Home Services Program who is a personal
13assistant, registered nurse, licensed practical nurse,
14certified nurse assistant, occupational therapist, physical
15therapist, or speech therapist and has been privately hired by
16the customer.
17    Any new person providing services as an individual provider
18under the Department's Home Services Program shall participate
19in a comprehensive in-person orientation, including fraud
20training.
21    Any person providing services as an individual provider
22under the Department's Home Services Program shall attend
23annual in-person training, including training in preventing
24fraud and abuse. Individual providers shall be paid their
25regular hourly wage for all orientation and training hours.
26    The Department shall execute, relative to nursing home

 

 

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1prescreening, as authorized by Section 4.03 of the Illinois Act
2on the Aging, written inter-agency agreements with the
3Department on Aging and the Department of Healthcare and Family
4Services, to effect the intake procedures and eligibility
5criteria for those persons who may need long term care. On and
6after July 1, 1996, all nursing home prescreenings for
7individuals 18 through 59 years of age shall be conducted by
8the Department, or a designee of the Department.
9    The Department is authorized to establish a system of
10recipient cost-sharing for services provided under this
11Section. The cost-sharing shall be based upon the recipient's
12ability to pay for services, but in no case shall the
13recipient's share exceed the actual cost of the services
14provided. Protected income shall not be considered by the
15Department in its determination of the recipient's ability to
16pay a share of the cost of services. The level of cost-sharing
17shall be adjusted each year to reflect changes in the
18"protected income" level. The Department shall deduct from the
19recipient's share of the cost of services any money expended by
20the recipient for disability-related expenses.
21    To the extent permitted under the federal Social Security
22Act, the Department, or the Department's authorized
23representative, may recover the amount of moneys expended for
24services provided to or in behalf of a person under this
25Section by a claim against the person's estate or against the
26estate of the person's surviving spouse, but no recovery may be

 

 

09800SB3216ham001- 25 -LRB098 19918 KTG 62345 a

1had until after the death of the surviving spouse, if any, and
2then only at such time when there is no surviving child who is
3under age 21, blind, or permanently and totally disabled. This
4paragraph, however, shall not bar recovery, at the death of the
5person, of moneys for services provided to the person or in
6behalf of the person under this Section to which the person was
7not entitled; provided that such recovery shall not be enforced
8against any real estate while it is occupied as a homestead by
9the surviving spouse or other dependent, if no claims by other
10creditors have been filed against the estate, or, if such
11claims have been filed, they remain dormant for failure of
12prosecution or failure of the claimant to compel administration
13of the estate for the purpose of payment. This paragraph shall
14not bar recovery from the estate of a spouse, under Sections
151915 and 1924 of the Social Security Act and Section 5-4 of the
16Illinois Public Aid Code, who precedes a person receiving
17services under this Section in death. All moneys for services
18paid to or in behalf of the person under this Section shall be
19claimed for recovery from the deceased spouse's estate.
20"Homestead", as used in this paragraph, means the dwelling
21house and contiguous real estate occupied by a surviving spouse
22or relative, as defined by the rules and regulations of the
23Department of Healthcare and Family Services, regardless of the
24value of the property.
25    The Department shall submit an annual report on programs
26and services provided under this Section. The report shall be

 

 

09800SB3216ham001- 26 -LRB098 19918 KTG 62345 a

1filed with the Governor and the General Assembly on or before
2March 30 each year.
3    The requirement for reporting to the General Assembly shall
4be satisfied by filing copies of the report with the Speaker,
5the Minority Leader and the Clerk of the House of
6Representatives and the President, the Minority Leader and the
7Secretary of the Senate and the Legislative Research Unit, as
8required by Section 3.1 of the General Assembly Organization
9Act, and filing additional copies with the State Government
10Report Distribution Center for the General Assembly as required
11under paragraph (t) of Section 7 of the State Library Act.
12    (g) To establish such subdivisions of the Department as
13shall be desirable and assign to the various subdivisions the
14responsibilities and duties placed upon the Department by law.
15    (h) To cooperate and enter into any necessary agreements
16with the Department of Employment Security for the provision of
17job placement and job referral services to clients of the
18Department, including job service registration of such clients
19with Illinois Employment Security offices and making job
20listings maintained by the Department of Employment Security
21available to such clients.
22    (i) To possess all powers reasonable and necessary for the
23exercise and administration of the powers, duties and
24responsibilities of the Department which are provided for by
25law.
26    (j) (Blank).

 

 

09800SB3216ham001- 27 -LRB098 19918 KTG 62345 a

1    (k) (Blank).
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

 

 

09800SB3216ham001- 28 -LRB098 19918 KTG 62345 a

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. 97-732, eff. 6-30-12; 97-1019, eff. 8-17-12;
697-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
 
7    Section 99. Effective date. This Act takes effect June 1,
82015.".