093_HB1179enr

 
HB1179 Enrolled                      LRB093 06998 BDD 07148 b

 1        AN ACT concerning personal care attendants.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Disabled Persons  Rehabilitation  Act  is
 5    amended 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
 8    powers and duties enumerated herein:
 9        (a)  To  co-operate  with  the  federal government in the
10    administration   of   the   provisions   of    the    federal
11    Rehabilitation  Act  of  1973,  as  amended, of the Workforce
12    Investment Act of 1998, and of the  federal  Social  Security
13    Act to the extent and in the manner provided in these Acts.
14        (b)  To   prescribe   and   supervise   such  courses  of
15    vocational training and provide such other services as may be
16    necessary for the habilitation and rehabilitation of  persons
17    with  one  or more disabilities, including the administrative
18    activities under subsection  (e)  of  this  Section,  and  to
19    co-operate  with State and local school authorities and other
20    recognized agencies engaged in  habilitation,  rehabilitation
21    and  comprehensive  rehabilitation services; and to cooperate
22    with the Department of Children and Family Services regarding
23    the  care  and  education  of  children  with  one  or   more
24    disabilities.
25        (c)  (Blank).
26        (d)  To  report  in writing, to the Governor, annually on
27    or before the first day of December, and at such other  times
28    and in such manner and upon such subjects as the Governor may
29    require.   The annual report shall contain (1) a statement of
30    the  existing  condition  of   comprehensive   rehabilitation
31    services, habilitation and rehabilitation in the State; (2) a
 
HB1179 Enrolled             -2-      LRB093 06998 BDD 07148 b
 1    statement  of  suggestions and recommendations with reference
 2    to the development of comprehensive rehabilitation  services,
 3    habilitation  and  rehabilitation  in  the  State; and (3) an
 4    itemized statement of the  amounts  of  money  received  from
 5    federal,  State  and  other  sources,  and of the objects and
 6    purposes to which  the  respective  items  of  these  several
 7    amounts have been devoted.
 8        (e)  (Blank).
 9        (f)  To  establish  a  program  of  services  to  prevent
10    unnecessary  institutionalization of persons with Alzheimer's
11    disease and related disorders or persons in need of long term
12    care who are established as blind or disabled as  defined  by
13    the  Social  Security Act, thereby enabling them to remain in
14    their own homes or other living arrangements. Such preventive
15    services may include, but are not limited to, any or  all  of
16    the following:
17             (1)  home health services;
18             (2)  home nursing services;
19             (3)  homemaker services;
20             (4)  chore and housekeeping services;
21             (5)  day care services;
22             (6)  home-delivered meals;
23             (7)  education in self-care;
24             (8)  personal care services;
25             (9)  adult day health services;
26             (10)  habilitation services;
27             (11)  respite care; or
28             (12)  other  nonmedical  social  services  that  may
29        enable the person to become self-supporting.
30        The  Department shall establish eligibility standards for
31    such services taking into consideration the  unique  economic
32    and  social  needs  of the population for whom they are to be
33    provided.  Such eligibility standards may  be  based  on  the
34    recipient's  ability  to pay for services; provided, however,
 
HB1179 Enrolled             -3-      LRB093 06998 BDD 07148 b
 1    that any portion of a person's income that  is  equal  to  or
 2    less   than   the  "protected  income"  level  shall  not  be
 3    considered by the Department in determining eligibility.  The
 4    "protected  income"  level  shall  be   determined   by   the
 5    Department,  shall  never  be  less  than the federal poverty
 6    standard, and shall be adjusted each year to reflect  changes
 7    in  the  Consumer  Price  Index  For  All  Urban Consumers as
 8    determined  by  the  United  States  Department   of   Labor.
 9    Additionally,   in  determining  the  amount  and  nature  of
10    services for which a person may qualify, consideration  shall
11    not  be  given to the value of cash, property or other assets
12    held in the name of the person's spouse pursuant to a written
13    agreement dividing marital property into equal  but  separate
14    shares  or pursuant to a transfer of the person's interest in
15    a home to his spouse, provided that the spouse's share of the
16    marital property is not made available to the person  seeking
17    such services.
18        The  services  shall  be  provided to eligible persons to
19    prevent unnecessary or premature institutionalization, to the
20    extent that the cost of the services, together with the other
21    personal maintenance expenses of the persons, are  reasonably
22    related  to  the  standards  established  for care in a group
23    facility   appropriate    to    their    condition.     These
24    non-institutional  services,  pilot  projects or experimental
25    facilities may be provided as part of or in addition to those
26    authorized by federal law or those funded and administered by
27    the Illinois Department on Aging.
28        Personal care attendants shall be paid:
29             (i)  A $5 per hour minimum rate  beginning  July  1,
30        1995.
31             (ii)  A  $5.30  per hour minimum rate beginning July
32        1, 1997.
33             (iii)  A $5.40 per hour minimum rate beginning  July
34        1, 1998.
 
HB1179 Enrolled             -4-      LRB093 06998 BDD 07148 b
 1             (iv)  A  $8  per hour minimum rate beginning July 1,
 2        2003.
 3             (v)  A $9 per hour minimum rate beginning January 1,
 4        2004.
 5        The Department shall execute,  relative  to  the  nursing
 6    home  prescreening  project, as authorized by Section 4.03 of
 7    the  Illinois  Act  on  the   Aging,   written   inter-agency
 8    agreements with the Department on Aging and the Department of
 9    Public  Aid,  to effect the following:  (i) intake procedures
10    and common eligibility criteria for  those  persons  who  are
11    receiving    non-institutional   services;   and   (ii)   the
12    establishment and development of  non-institutional  services
13    in  areas of the State where they are not currently available
14    or are undeveloped.  On and after July 1, 1996,  all  nursing
15    home prescreenings for individuals 18 through 59 years of age
16    shall be conducted by the Department.
17        The  Department  is  authorized  to establish a system of
18    recipient  cost-sharing  for  services  provided  under  this
19    Section.   The  cost-sharing  shall   be   based   upon   the
20    recipient's ability to pay for services, but in no case shall
21    the  recipient's share exceed the actual cost of the services
22    provided.  Protected income shall not be  considered  by  the
23    Department in its determination of the recipient's ability to
24    pay   a  share  of  the  cost  of  services.   The  level  of
25    cost-sharing shall be adjusted each year to  reflect  changes
26    in the "protected income" level.  The Department shall deduct
27    from  the recipient's share of the cost of services any money
28    expended by the recipient for disability-related expenses.
29        The   Department,   or   the   Department's    authorized
30    representative,  shall  recover the amount of moneys expended
31    for services provided to or in behalf of a person under  this
32    Section by a claim against the person's estate or against the
33    estate  of the person's surviving spouse, but no recovery may
34    be had until after the death of the surviving spouse, if any,
 
HB1179 Enrolled             -5-      LRB093 06998 BDD 07148 b
 1    and then only at such time when there is no  surviving  child
 2    who  is  under  age  21,  blind,  or  permanently and totally
 3    disabled.  This paragraph, however, shall not  bar  recovery,
 4    at  the  death of the person, of moneys for services provided
 5    to the person or in behalf of the person under  this  Section
 6    to  which  the  person  was  not entitled; provided that such
 7    recovery shall not be enforced against any real estate  while
 8    it  is  occupied  as  a  homestead by the surviving spouse or
 9    other dependent, if no claims by other  creditors  have  been
10    filed against the estate, or, if such claims have been filed,
11    they  remain dormant for failure of prosecution or failure of
12    the claimant to compel administration of the estate  for  the
13    purpose  of  payment.   This paragraph shall not bar recovery
14    from the estate of a spouse, under Sections 1915 and 1924  of
15    the  Social  Security  Act  and  Section  5-4 of the Illinois
16    Public Aid Code, who precedes  a  person  receiving  services
17    under this Section in death.  All moneys for services paid to
18    or  in  behalf  of  the  person  under  this Section shall be
19    claimed for  recovery  from  the  deceased  spouse's  estate.
20    "Homestead",  as  used  in this paragraph, means the dwelling
21    house and contiguous real  estate  occupied  by  a  surviving
22    spouse  or  relative, as defined by the rules and regulations
23    of the Illinois Department of Public Aid, regardless  of  the
24    value of the property.
25        The   Department   and  the  Department  on  Aging  shall
26    cooperate in the development  and  submission  of  an  annual
27    report  on programs and services provided under this Section.
28    Such joint report shall be filed with the  Governor  and  the
29    General Assembly on or before March 30 each year.
30        The  requirement  for  reporting  to the General Assembly
31    shall be satisfied by filing copies of the  report  with  the
32    Speaker,  the  Minority  Leader and the Clerk of the House of
33    Representatives and the President, the  Minority  Leader  and
34    the  Secretary  of  the  Senate  and the Legislative Research
 
HB1179 Enrolled             -6-      LRB093 06998 BDD 07148 b
 1    Unit, as required by Section  3.1  of  the  General  Assembly
 2    Organization Act, and filing additional copies with the State
 3    Government   Report   Distribution  Center  for  the  General
 4    Assembly as required under paragraph (t) of Section 7 of  the
 5    State Library Act.
 6        (g)  To  establish such subdivisions of the Department as
 7    shall be desirable and assign to the various subdivisions the
 8    responsibilities and duties placed  upon  the  Department  by
 9    law.
10        (h)  To cooperate and enter into any necessary agreements
11    with  the Department of Employment Security for the provision
12    of job placement and job referral services to clients of  the
13    Department,   including  job  service  registration  of  such
14    clients with Illinois Employment Security offices and  making
15    job  listings  maintained  by  the  Department  of Employment
16    Security available to such clients.
17        (i)  To possess all powers reasonable and  necessary  for
18    the  exercise  and  administration  of the powers, duties and
19    responsibilities of the Department which are provided for  by
20    law.
21        (j)  To  establish  a  procedure whereby new providers of
22    personal care attendant services shall submit vouchers to the
23    State for payment two  times  during  their  first  month  of
24    employment  and  one  time  per month thereafter.  In no case
25    shall the Department pay personal care attendants  an  hourly
26    wage that is less than the federal minimum wage.
27        (k)  To provide adequate notice to providers of chore and
28    housekeeping  services  informing them that they are entitled
29    to an interest payment on bills which are not  promptly  paid
30    pursuant to Section 3 of the State Prompt Payment Act.
31        (l)  To  establish,  operate  and  maintain  a  Statewide
32    Housing Clearinghouse of information on available, government
33    subsidized   housing   accessible  to  disabled  persons  and
34    available privately  owned  housing  accessible  to  disabled
 
HB1179 Enrolled             -7-      LRB093 06998 BDD 07148 b
 1    persons.  The information shall include but not be limited to
 2    the   location,  rental  requirements,  access  features  and
 3    proximity to public transportation of available housing.  The
 4    Clearinghouse  shall  consist  of  at  least  a  computerized
 5    database for the storage and retrieval of information  and  a
 6    separate  or  shared  toll  free  telephone number for use by
 7    those seeking information from the Clearinghouse.  Department
 8    offices and personnel throughout the State shall also  assist
 9    in  the  operation  of  the  Statewide Housing Clearinghouse.
10    Cooperation with local, State and  federal  housing  managers
11    shall  be  sought  and  extended  in  order to frequently and
12    promptly update the Clearinghouse's information.
13        (m)  To assure that the names and case records of persons
14    who received or are receiving services from  the  Department,
15    including  persons  receiving vocational rehabilitation, home
16    services, or other services, and those attending one  of  the
17    Department's  schools  or  other supervised facility shall be
18    confidential and not be open to the  general  public.   Those
19    case  records  and  reports  or  the information contained in
20    those records and reports shall be disclosed by the  Director
21    only   to   proper  law  enforcement  officials,  individuals
22    authorized by a court, the General Assembly or any  committee
23    or  commission of the General Assembly, and other persons and
24    for reasons as the Director designates by rule.    Disclosure
25    by  the  Director  may  be  only  in  accordance  with  other
26    applicable law.
27    (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.)

28        Section  99.  Effective date.  This Act takes effect July
29    1, 2003.