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Full Text of SB2004  103rd General Assembly

SB2004 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2004

 

Introduced 2/9/2023, by Sen. Javier L. Cervantes

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 105/4.02  from Ch. 23, par. 6104.02

    Amends the Illinois Act on the Aging. In a provision requiring workers to be appropriately trained to provide services under the Community Care Program, provides that only training curriculum approved by the Department on Aging may be used to fulfill training requirements for workers who provide in-home services. Requires the curriculum to consist of 24 hours of pre-service training and 12 hours of annual in-service training. Provides that the Department shall only approve training curriculum that (i) has been developed with input from consumer and worker representatives, and (ii) requires comprehensive instruction by qualified instructors on the required competencies and training topics. Provides that changes to the competencies, curriculum topics, or instructor qualifications shall be made only with input and approval of the Home Care Worker Training Subcommittee of the Community Care Program Advisory Committee. Provides that no person may perform in-home services under a program authorized under the Act unless that person has received pre-service training and remains current on his or her annual in-service training. Provides that pre-service training hours and in-service training hours shall be paid at the worker's regular rate of pay. Provides that starting no later than July 1, 2024, workers who have met the requirements to perform in-home services and the records of trainings they have completed shall be placed on the Health Care Worker Registry maintained by the Department of Public Health. Creates the Home Care Worker Training Subcommittee within the Community Care Program Advisory Committee. Provides that the purpose of the Subcommittee is to address the challenges of recruiting, training, and retaining the home care workforce needed to meet growing demand. Sets forth the Subcommittee's membership and its responsibilities. Effective immediately.


LRB103 26922 KTG 53286 b

 

 

A BILL FOR

 

SB2004LRB103 26922 KTG 53286 b

1    AN ACT concerning aging.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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.
14Such preventive 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
17limited to, any or all of the following:
18        (a) (blank);
19        (b) (blank);
20        (c) home care aide services;
21        (d) personal assistant services;
22        (e) adult day services;
23        (f) home-delivered meals;

 

 

SB2004- 2 -LRB103 26922 KTG 53286 b

1        (g) education in self-care;
2        (h) personal care services;
3        (i) adult day health services;
4        (j) habilitation services;
5        (k) respite care;
6        (k-5) community reintegration services;
7        (k-6) flexible senior services;
8        (k-7) medication management;
9        (k-8) emergency home response;
10        (l) other nonmedical social services that may enable
11    the person to become self-supporting; or
12        (m) clearinghouse for information provided by senior
13    citizen home owners who want to rent rooms to or share
14    living space with other senior citizens.
15    The Department shall establish eligibility standards for
16such services. In determining the amount and nature of
17services for which a person may qualify, consideration shall
18not be given to the value of cash, property or other assets
19held in the name of the person's spouse pursuant to a written
20agreement dividing marital property into equal but separate
21shares or pursuant to a transfer of the person's interest in a
22home to his spouse, provided that the spouse's share of the
23marital property is not made available to the person seeking
24such services.
25    Beginning January 1, 2008, the Department shall require as
26a condition of eligibility that all new financially eligible

 

 

SB2004- 3 -LRB103 26922 KTG 53286 b

1applicants apply for and enroll in medical assistance under
2Article V of the Illinois Public Aid Code in accordance with
3rules promulgated by the Department.
4    The Department shall, in conjunction with the Department
5of Public Aid (now Department of Healthcare and Family
6Services), seek appropriate amendments under Sections 1915 and
71924 of the Social Security Act. The purpose of the amendments
8shall be to extend eligibility for home and community based
9services under Sections 1915 and 1924 of the Social Security
10Act to persons who transfer to or for the benefit of a spouse
11those amounts of income and resources allowed under Section
121924 of the Social Security Act. Subject to the approval of
13such amendments, the Department shall extend the provisions of
14Section 5-4 of the Illinois Public Aid Code to persons who, but
15for the provision of home or community-based services, would
16require the level of care provided in an institution, as is
17provided for in federal law. Those persons no longer found to
18be eligible for receiving noninstitutional services due to
19changes in the eligibility criteria shall be given 45 days
20notice prior to actual termination. Those persons receiving
21notice of termination may contact the Department and request
22the determination be appealed at any time during the 45 day
23notice period. The target population identified for the
24purposes of this Section are persons age 60 and older with an
25identified service need. Priority shall be given to those who
26are at imminent risk of institutionalization. The services

 

 

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1shall be provided to eligible persons age 60 and older to the
2extent that the cost of the services together with the other
3personal maintenance expenses of the persons are reasonably
4related to the standards established for care in a group
5facility appropriate to the person's condition. These
6non-institutional services, pilot projects or experimental
7facilities may be provided as part of or in addition to those
8authorized by federal law or those funded and administered by
9the Department of Human Services. The Departments of Human
10Services, Healthcare and Family Services, Public Health,
11Veterans' Affairs, and Commerce and Economic Opportunity and
12other appropriate agencies of State, federal and local
13governments shall cooperate with the Department on Aging in
14the establishment and development of the non-institutional
15services. The Department shall require an annual audit from
16all personal assistant and home care aide vendors contracting
17with the Department under this Section. The annual audit shall
18assure that each audited vendor's procedures are in compliance
19with Department's financial reporting guidelines requiring an
20administrative and employee wage and benefits cost split as
21defined in administrative rules. The audit is a public record
22under the Freedom of Information Act. The Department shall
23execute, relative to the nursing home prescreening project,
24written inter-agency agreements with the Department of Human
25Services and the Department of Healthcare and Family Services,
26to effect the following: (1) intake procedures and common

 

 

SB2004- 5 -LRB103 26922 KTG 53286 b

1eligibility criteria for those persons who are receiving
2non-institutional services; and (2) the establishment and
3development of non-institutional services in areas of the
4State where they are not currently available or are
5undeveloped. On and after July 1, 1996, all nursing home
6prescreenings for individuals 60 years of age or older shall
7be conducted by the Department.
8    As part of the Department on Aging's routine training of
9case managers and case manager supervisors, the Department may
10include information on family futures planning for persons who
11are age 60 or older and who are caregivers of their adult
12children with developmental disabilities. The content of the
13training shall be at the Department's discretion.
14    The Department is authorized to establish a system of
15recipient copayment for services provided under this Section,
16such copayment to be based upon the recipient's ability to pay
17but in no case to exceed the actual cost of the services
18provided. Additionally, any portion of a person's income which
19is equal to or less than the federal poverty standard shall not
20be considered by the Department in determining the copayment.
21The level of such copayment shall be adjusted whenever
22necessary to reflect any change in the officially designated
23federal poverty standard.
24    The Department, or the Department's authorized
25representative, may recover the amount of moneys expended for
26services provided to or in behalf of a person under this

 

 

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1Section by a claim against the person's estate or against the
2estate of the person's surviving spouse, but no recovery may
3be had until after the death of the surviving spouse, if any,
4and then only at such time when there is no surviving child who
5is under age 21 or blind or who has a permanent and total
6disability. This paragraph, however, shall not bar recovery,
7at the death of the person, of moneys for services provided to
8the person or in behalf of the person under this Section to
9which the person was not entitled; provided that such recovery
10shall not be enforced against any real estate while it is
11occupied as a homestead by the surviving spouse or other
12dependent, if no claims by other creditors have been filed
13against the estate, or, if such claims have been filed, they
14remain dormant for failure of prosecution or failure of the
15claimant to compel administration of the estate for the
16purpose of payment. This paragraph shall not bar recovery from
17the estate of a spouse, under Sections 1915 and 1924 of the
18Social Security Act and Section 5-4 of the Illinois Public Aid
19Code, who precedes a person receiving services under this
20Section in death. All moneys for services paid to or in behalf
21of the person under this Section shall be claimed for recovery
22from the deceased spouse's estate. "Homestead", as used in
23this paragraph, means the dwelling house and contiguous real
24estate occupied by a surviving spouse or relative, as defined
25by the rules and regulations of the Department of Healthcare
26and Family Services, regardless of the value of the property.

 

 

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1    The Department shall increase the effectiveness of the
2existing Community Care Program by:
3        (1) ensuring that in-home services included in the
4    care plan are available on evenings and weekends;
5        (2) ensuring that care plans contain the services that
6    eligible participants need based on the number of days in
7    a month, not limited to specific blocks of time, as
8    identified by the comprehensive assessment tool selected
9    by the Department for use statewide, not to exceed the
10    total monthly service cost maximum allowed for each
11    service; the Department shall develop administrative rules
12    to implement this item (2);
13        (3) ensuring that the participants have the right to
14    choose the services contained in their care plan and to
15    direct how those services are provided, based on
16    administrative rules established by the Department;
17        (4) ensuring that the determination of need tool is
18    accurate in determining the participants' level of need;
19    to achieve this, the Department, in conjunction with the
20    Older Adult Services Advisory Committee, shall institute a
21    study of the relationship between the Determination of
22    Need scores, level of need, service cost maximums, and the
23    development and utilization of service plans no later than
24    May 1, 2008; findings and recommendations shall be
25    presented to the Governor and the General Assembly no
26    later than January 1, 2009; recommendations shall include

 

 

SB2004- 8 -LRB103 26922 KTG 53286 b

1    all needed changes to the service cost maximums schedule
2    and additional covered services;
3        (5) ensuring that homemakers can provide personal care
4    services that may or may not involve contact with clients,
5    including but not limited to:
6            (A) bathing;
7            (B) grooming;
8            (C) toileting;
9            (D) nail care;
10            (E) transferring;
11            (F) respiratory services;
12            (G) exercise; or
13            (H) positioning;
14        (6) ensuring that homemaker program vendors are not
15    restricted from hiring homemakers who are family members
16    of clients or recommended by clients; the Department may
17    not, by rule or policy, require homemakers who are family
18    members of clients or recommended by clients to accept
19    assignments in homes other than the client;
20        (7) ensuring that the State may access maximum federal
21    matching funds by seeking approval for the Centers for
22    Medicare and Medicaid Services for modifications to the
23    State's home and community based services waiver and
24    additional waiver opportunities, including applying for
25    enrollment in the Balance Incentive Payment Program by May
26    1, 2013, in order to maximize federal matching funds; this

 

 

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1    shall include, but not be limited to, modification that
2    reflects all changes in the Community Care Program
3    services and all increases in the services cost maximum;
4        (8) ensuring that the determination of need tool
5    accurately reflects the service needs of individuals with
6    Alzheimer's disease and related dementia disorders;
7        (9) ensuring that services are authorized accurately
8    and consistently for the Community Care Program (CCP); the
9    Department shall implement a Service Authorization policy
10    directive; the purpose shall be to ensure that eligibility
11    and services are authorized accurately and consistently in
12    the CCP program; the policy directive shall clarify
13    service authorization guidelines to Care Coordination
14    Units and Community Care Program providers no later than
15    May 1, 2013;
16        (10) working in conjunction with Care Coordination
17    Units, the Department of Healthcare and Family Services,
18    the Department of Human Services, Community Care Program
19    providers, and other stakeholders to make improvements to
20    the Medicaid claiming processes and the Medicaid
21    enrollment procedures or requirements as needed,
22    including, but not limited to, specific policy changes or
23    rules to improve the up-front enrollment of participants
24    in the Medicaid program and specific policy changes or
25    rules to insure more prompt submission of bills to the
26    federal government to secure maximum federal matching

 

 

SB2004- 10 -LRB103 26922 KTG 53286 b

1    dollars as promptly as possible; the Department on Aging
2    shall have at least 3 meetings with stakeholders by
3    January 1, 2014 in order to address these improvements;
4        (11) requiring home care service providers to comply
5    with the rounding of hours worked provisions under the
6    federal Fair Labor Standards Act (FLSA) and as set forth
7    in 29 CFR 785.48(b) by May 1, 2013;
8        (12) implementing any necessary policy changes or
9    promulgating any rules, no later than January 1, 2014, to
10    assist the Department of Healthcare and Family Services in
11    moving as many participants as possible, consistent with
12    federal regulations, into coordinated care plans if a care
13    coordination plan that covers long term care is available
14    in the recipient's area; and
15        (13) maintaining fiscal year 2014 rates at the same
16    level established on January 1, 2013.
17    By January 1, 2009 or as soon after the end of the Cash and
18Counseling Demonstration Project as is practicable, the
19Department may, based on its evaluation of the demonstration
20project, promulgate rules concerning personal assistant
21services, to include, but need not be limited to,
22qualifications, employment screening, rights under fair labor
23standards, training, fiduciary agent, and supervision
24requirements. All applicants shall be subject to the
25provisions of the Health Care Worker Background Check Act.
26    The Department shall develop procedures to enhance

 

 

SB2004- 11 -LRB103 26922 KTG 53286 b

1availability of services on evenings, weekends, and on an
2emergency basis to meet the respite needs of caregivers.
3Procedures shall be developed to permit the utilization of
4services in successive blocks of 24 hours up to the monthly
5maximum established by the Department. Workers providing these
6services shall be appropriately trained.
7    Only training curriculum approved by the Department may be
8used to fulfill training requirements for workers who provide
9in-home services. The curriculum shall consist of 24 hours of
10pre-service training and 12 hours of annual in-service
11training. The Department shall only approve training
12curriculum that (i) has been developed with input from
13consumer and worker representatives, and (ii) requires
14comprehensive instruction by qualified instructors on the
15required competencies and training topics. The objectives
16shall be to ensure that every worker has access to
17high-quality training that enables them to build the
18competencies, skills, and knowledge required for delivering
19high-quality home care services; and to ensure development of
20training that is accessible and accommodates workers' language
21needs and learning preferences when possible. Competencies,
22curriculum topics, and instructor qualifications shall be
23determined by the Department by rule. Changes to the
24competencies, curriculum topics, or instructor qualifications
25shall be made only with input and approval of the Home Care
26Worker Training Subcommittee of the Community Care Program

 

 

SB2004- 12 -LRB103 26922 KTG 53286 b

1Advisory Committee.
2    No Beginning on the effective date of this amendatory Act
3of 1991, no person may perform in-home chore/housekeeping and
4home care aide services under a program authorized by this
5Section unless that person has received pre-service training.
6Pre-service training hours shall be paid at the worker's
7regular rate of pay. No person may perform in-home services
8under a program authorized by this Section unless that person
9remains current on his or her annual in-service training.
10In-service training hours shall be paid at the worker's
11regular rate of pay. Starting no later than July 1, 2024,
12workers who have met the requirements to perform in-home
13services and the records of trainings they have completed
14shall be placed on the Health Care Worker Registry maintained
15by the Department of Public Health. Prior to July 1, 2024, the
16been issued a certificate of pre-service to do so by his or her
17employing agency. Information gathered to effect such
18certification shall include (i) the person's name, (ii) the
19date the person was hired by his or her current employer, and
20(iii) the training, including dates and levels. Persons
21engaged in the program authorized by this Section before the
22effective date of this amendatory Act of 1991 shall be issued a
23certificate of all pre- and in-service training from his or
24her employer upon submitting the necessary information. The
25employing agency is shall be required to retain records of all
26staff pre- and in-service training, and shall provide such

 

 

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

 

 

SB2004- 14 -LRB103 26922 KTG 53286 b

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

 

 

SB2004- 15 -LRB103 26922 KTG 53286 b

1remaining term of over one year, and this replacement shall
2occur through the annual replacement of expiring terms. The
3Director shall designate Department staff to provide technical
4assistance and staff support to the committee. Department
5representation shall not constitute membership of the
6committee. All Committee papers, issues, recommendations,
7reports, and meeting memoranda are advisory only. The
8Director, or his or her designee, shall make a written report,
9as requested by the Committee, regarding issues before the
10Committee.
11    The Home Care Worker Training Subcommittee is created as a
12subcommittee of the Community Care Program Advisory Committee.
13The purpose of the Subcommittee is to address the challenges
14of recruiting, training, and retaining the home care workforce
15needed to meet growing demand. The Subcommittee shall consist
16of all of the following persons who must be appointed within 60
17days after the effective date of this amendatory Act of the
18103rd General Assembly: (i) a representative of a labor union
19that represents home care aides; (ii) a representative of an
20in-home service provider agency; (iii) a representative of a
21membership organization representing older adults; (iv) the
22Director or his or her designee who is serving as co-chair of
23the Committee. Responsibilities of the Subcommittee shall be
24all of the following:
25        (1) To review and recommend changes to the required
26    competencies and required and optional topics for required

 

 

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1    pre-service and annual in-service training for home care
2    workers. The Subcommittee shall make these recommendations
3    no later than a year after all its members have been
4    appointed.
5        (2) To recommend changes to how training is delivered
6    to address the specific needs of home care workers through
7    supportive services, peer-led learning, mentorships, and
8    labor-management training partnerships. The Subcommittee
9    shall make these recommendations no later than 2 years
10    after all its members have been appointed.
11        (3) To recommend changes to training requirements,
12    in-home service rates, and worker wages to create advanced
13    home care worker career pathways. The Subcommittee shall
14    make these recommendations no later than 30 months after
15    all its members have been appointed.
16    The Department on Aging and the Department of Human
17Services shall cooperate in the development and submission of
18an annual report on programs and services provided under this
19Section. Such joint report shall be filed with the Governor
20and the General Assembly on or before September 30 each year.
21    The requirement for reporting to the General Assembly
22shall be satisfied by filing copies of the report as required
23by Section 3.1 of the General Assembly Organization Act and
24filing such additional copies with the State Government Report
25Distribution Center for the General Assembly as is required
26under paragraph (t) of Section 7 of the State Library Act.

 

 

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1    Those persons previously found eligible for receiving
2non-institutional services whose services were discontinued
3under the Emergency Budget Act of Fiscal Year 1992, and who do
4not meet the eligibility standards in effect on or after July
51, 1992, shall remain ineligible on and after July 1, 1992.
6Those persons previously not required to cost-share and who
7were required to cost-share effective March 1, 1992, shall
8continue to meet cost-share requirements on and after July 1,
91992. Beginning July 1, 1992, all clients will be required to
10meet eligibility, cost-share, and other requirements and will
11have services discontinued or altered when they fail to meet
12these requirements.
13    For the purposes of this Section, "flexible senior
14services" refers to services that require one-time or periodic
15expenditures including, but not limited to, respite care, home
16modification, assistive technology, housing assistance, and
17transportation.
18    The Department shall implement an electronic service
19verification based on global positioning systems or other
20cost-effective technology for the Community Care Program no
21later than January 1, 2014.
22    The Department shall require, as a condition of
23eligibility, enrollment in the medical assistance program
24under Article V of the Illinois Public Aid Code (i) beginning
25August 1, 2013, if the Auditor General has reported that the
26Department has failed to comply with the reporting

 

 

SB2004- 18 -LRB103 26922 KTG 53286 b

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

 

 

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1Care Program reports as required by statute.
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
6of the House of Representatives, the President of the Senate,
7and the Minority Leader of the Senate. The Department shall
8collect and report longitudinal data on the performance of
9each care coordination unit. Nothing in this paragraph shall
10be construed to require the Department to identify specific
11care coordination 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
20provider has complied with all Department policies.
21    The Director of the Department on Aging shall make
22information available to the State Board of Elections as may
23be required by an agreement the State Board of Elections has
24entered into with a multi-state voter registration list
25maintenance system.
26    Within 30 days after July 6, 2017 (the effective date of

 

 

SB2004- 20 -LRB103 26922 KTG 53286 b

1Public Act 100-23), rates shall be increased to $18.29 per
2hour, for the purpose of increasing, by at least $.72 per hour,
3the wages paid by those vendors to their employees who provide
4homemaker services. The Department shall pay an enhanced rate
5under the Community Care Program to those in-home service
6provider agencies that offer health insurance coverage as a
7benefit to their direct service worker employees consistent
8with the mandates of Public Act 95-713. For State fiscal years
92018 and 2019, the enhanced rate shall be $1.77 per hour. The
10rate shall be adjusted using actuarial analysis based on the
11cost of care, but shall not be set below $1.77 per hour. The
12Department shall adopt rules, including emergency rules under
13subsections (y) and (bb) of Section 5-45 of the Illinois
14Administrative Procedure Act, to implement the provisions of
15this paragraph.
16    The General Assembly finds it necessary to authorize an
17aggressive Medicaid enrollment initiative designed to maximize
18federal Medicaid funding for the Community Care Program which
19produces significant savings for the State of Illinois. The
20Department on Aging shall establish and implement a Community
21Care Program Medicaid Initiative. Under the Initiative, the
22Department on Aging shall, at a minimum: (i) provide an
23enhanced rate to adequately compensate care coordination units
24to enroll eligible Community Care Program clients into
25Medicaid; (ii) use recommendations from a stakeholder
26committee on how best to implement the Initiative; and (iii)

 

 

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1establish requirements for State agencies to make enrollment
2in the State's Medical Assistance program easier for seniors.
3    The Community Care Program Medicaid Enrollment Oversight
4Subcommittee is created as a subcommittee of the Older Adult
5Services Advisory Committee established in Section 35 of the
6Older Adult Services Act to make recommendations on how best
7to increase the number of medical assistance recipients who
8are enrolled in the Community Care Program. The Subcommittee
9shall consist of all of the following persons who must be
10appointed within 30 days after the effective date of this
11amendatory Act of the 100th General Assembly:
12        (1) The Director of Aging, or his or her designee, who
13    shall serve as the chairperson of the Subcommittee.
14        (2) One representative of the Department of Healthcare
15    and Family Services, appointed by the Director of
16    Healthcare and Family Services.
17        (3) One representative of the Department of Human
18    Services, appointed by the Secretary of Human Services.
19        (4) One individual representing a care coordination
20    unit, appointed by the Director of Aging.
21        (5) One individual from a non-governmental statewide
22    organization that advocates for seniors, appointed by the
23    Director of Aging.
24        (6) One individual representing Area Agencies on
25    Aging, appointed by the Director of Aging.
26        (7) One individual from a statewide association

 

 

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1    dedicated to Alzheimer's care, support, and research,
2    appointed by the Director of Aging.
3        (8) One individual from an organization that employs
4    persons who provide services under the Community Care
5    Program, appointed by the Director of Aging.
6        (9) One member of a trade or labor union representing
7    persons who provide services under the Community Care
8    Program, appointed by the Director of Aging.
9        (10) One member of the Senate, who shall serve as
10    co-chairperson, appointed by the President of the Senate.
11        (11) One member of the Senate, who shall serve as
12    co-chairperson, appointed by the Minority Leader of the
13    Senate.
14        (12) One member of the House of Representatives, who
15    shall serve as co-chairperson, appointed by the Speaker of
16    the House of Representatives.
17        (13) One member of the House of Representatives, who
18    shall serve as co-chairperson, appointed by the Minority
19    Leader of the House of Representatives.
20        (14) One individual appointed by a labor organization
21    representing frontline employees at the Department of
22    Human Services.
23    The Subcommittee shall provide oversight to the Community
24Care Program Medicaid Initiative and shall meet quarterly. At
25each Subcommittee meeting the Department on Aging shall
26provide the following data sets to the Subcommittee: (A) the

 

 

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1number of Illinois residents, categorized by planning and
2service area, who are receiving services under the Community
3Care Program and are enrolled in the State's Medical
4Assistance Program; (B) the number of Illinois residents,
5categorized by planning and service area, who are receiving
6services under the Community Care Program, but are not
7enrolled in the State's Medical Assistance Program; and (C)
8the number of Illinois residents, categorized by planning and
9service area, who are receiving services under the Community
10Care Program and are eligible for benefits under the State's
11Medical Assistance Program, but are not enrolled in the
12State's Medical Assistance Program. In addition to this data,
13the Department on Aging shall provide the Subcommittee with
14plans on how the Department on Aging will reduce the number of
15Illinois residents who are not enrolled in the State's Medical
16Assistance Program but who are eligible for medical assistance
17benefits. The Department on Aging shall enroll in the State's
18Medical Assistance Program those Illinois residents who
19receive services under the Community Care Program and are
20eligible for medical assistance benefits but are not enrolled
21in the State's Medicaid Assistance Program. The data provided
22to the Subcommittee shall be made available to the public via
23the Department on Aging's website.
24    The Department on Aging, with the involvement of the
25Subcommittee, shall collaborate with the Department of Human
26Services and the Department of Healthcare and Family Services

 

 

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1on how best to achieve the responsibilities of the Community
2Care Program Medicaid Initiative.
3    The Department on Aging, the Department of Human Services,
4and the Department of Healthcare and Family Services shall
5coordinate and implement a streamlined process for seniors to
6access benefits under the State's Medical Assistance Program.
7    The Subcommittee shall collaborate with the Department of
8Human Services on the adoption of a uniform application
9submission process. The Department of Human Services and any
10other State agency involved with processing the medical
11assistance application of any person enrolled in the Community
12Care Program shall include the appropriate care coordination
13unit in all communications related to the determination or
14status of the application.
15    The Community Care Program Medicaid Initiative shall
16provide targeted funding to care coordination units to help
17seniors complete their applications for medical assistance
18benefits. On and after July 1, 2019, care coordination units
19shall receive no less than $200 per completed application,
20which rate may be included in a bundled rate for initial intake
21services when Medicaid application assistance is provided in
22conjunction with the initial intake process for new program
23participants.
24    The Community Care Program Medicaid Initiative shall cease
25operation 5 years after the effective date of this amendatory
26Act of the 100th General Assembly, after which the

 

 

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1Subcommittee shall dissolve.
2(Source: P.A. 101-10, eff. 6-5-19; 102-1071, eff. 6-10-22.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.