SB0071 96TH GENERAL ASSEMBLY

LRB096 03283 DRJ 13301 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0071

Introduced 1/30/2009, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

305 ILCS 5/5-2.08 new

Amends the Illinois Public Aid Code. Provides that the Department of Human Services, in consultation with the Department of Healthcare and Family Services, shall develop an initiative within the Home Services Program under which legally responsible adults may be reimbursed for providing care to eligible clients. Sets forth the components of the initiative. Provides that by November 1, 2009, the Department of Human Services and the Department of Healthcare and Family Services shall report their findings and recommendations to the General Assembly regarding proposed rule changes to the Illinois Administrative Code and amendatory changes to the State Medicaid Plan for the purpose of implementing the initiative. Provides that by January 1, 2010, the Department of Healthcare and Family Services shall seek federal approval to amend the State Medicaid Plan, and the Department of Human Services and the Department of Healthcare and Family Service shall submit proposed rule changes to the Joint Committee on Administrative Rules. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

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

Section 5. The Illinois Public Aid Code is amended by adding Section 5-2.08 as follows:

(305 ILCS 5/5-2.08 new)

Sec. 5-2.08. Family member caregiver initiative.

(a) The Department of Human Services, in consultation with the Department of Healthcare and Family Services, shall develop an initiative within the Home Services Program under which legally responsible adults may be reimbursed for providing care to eligible clients. The components of the initiative shall include the following:

(1) Authorization for legally responsible adults to be reimbursed for care provided by them to family members under the Home Services Program.

(2) Client-centered procedures ensuring that the needs and wishes of the client are addressed.

(3) Requirements for proper and adequate training for the legally responsible adult caregivers and supervision of the caregivers.

(4) Utilization of the Determination of Need evaluation, or a diagnosis of a terminal illness by a medical professional, or both, as criteria for determining eligibility under the initiative.

(5) Measures for preventing fraud and abuse in connection with the operation of the initiative.

(6) An appropriate wage or rate of reimbursement for legally responsible adult caregivers.

(b) By November 1, 2009, the Department of Human Services and the Department of Healthcare and Family Services shall report their findings and recommendations to the General Assembly regarding proposed rule changes to the Illinois Administrative Code and amendatory changes to the State Medicaid Plan for the purpose of implementing the initiative under subsection (a). The report shall include an explanation of the manner in which each initiative component listed in paragraphs (1) through (6) of subsection (a) is addressed in the proposed changes. In addition, the report shall include (i) the estimated number of clients who could utilize services under the proposed rule changes and (ii) an analysis of the fiscal impact of the proposed rule changes, per client, on the Departments' new and existing costs under the Home Services Program.

(c) By January 1, 2010, the Department of Healthcare and Family Services shall seek federal approval to amend the State Medicaid Plan for the purpose of implementing the initiative under subsection (a), and the Department of Human Services and the Department of Healthcare and Family Service shall submit proposed rule changes for that purpose to the Joint Committee on Administrative Rules.

Section 99. Effective date. This Act takes effect upon becoming law.