Illinois General Assembly - Full Text of SB0505
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Full Text of SB0505  103rd General Assembly



SB0505 EngrossedLRB103 02957 SPS 47963 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Rehabilitation of Persons with Disabilities
5Act is 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
8powers and duties enumerated herein:
9        (a) To cooperate with the federal government in the
10    administration of the provisions of the federal
11    Rehabilitation Act of 1973, as amended by the Workforce
12    Innovation and Opportunity Act, and of the federal Social
13    Security Act to the extent and in the manner provided in
14    these Acts.
15        (b) To prescribe and supervise such courses of
16    vocational training and provide such other services as may
17    be necessary for the vocational rehabilitation of persons
18    with one or more disabilities, including the
19    administrative activities under subsection (e) of this
20    Section; to cooperate with State and local school
21    authorities and other recognized agencies engaged in
22    vocational rehabilitation services; and to cooperate with
23    the Department of Children and Family Services, the



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1    Illinois State Board of Education, and others regarding
2    the education of children with one or more disabilities.
3        (c) (Blank).
4        (d) To report in writing, to the Governor, annually on
5    or before the first day of December, and at such other
6    times and in such manner and upon such subjects as the
7    Governor may require. The annual report shall contain (1)
8    information on the programs and activities dedicated to
9    vocational rehabilitation, independent living, and other
10    community services and supports administered by the
11    Director; (2) information on the development of vocational
12    rehabilitation services, independent living services, and
13    supporting services administered by the Director in the
14    State; and (3) information detailing the amounts of money
15    received from federal, State, and other sources, and of
16    the objects and purposes to which the respective items of
17    these several amounts have been devoted.
18        (e) (Blank).
19        (f) To establish a program of services to prevent the
20    unnecessary institutionalization of persons in need of
21    long term care and who meet the criteria for blindness or
22    disability as defined by the Social Security Act, thereby
23    enabling them to remain in their own homes. Such
24    preventive services include any or all of the following:
25            (1) personal assistant services;
26            (2) homemaker services;



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1            (3) home-delivered meals;
2            (4) adult day care services;
3            (5) respite care;
4            (6) home modification or assistive equipment;
5            (7) home health services;
6            (8) electronic home response;
7            (9) brain injury behavioral/cognitive services;
8            (10) brain injury habilitation;
9            (11) brain injury pre-vocational services; or
10            (12) brain injury supported employment.
11        The Department shall establish eligibility standards
12    for such services taking into consideration the unique
13    economic and social needs of the population for whom they
14    are to be provided. Such eligibility standards may be
15    based on the recipient's ability to pay for services;
16    provided, however, that any portion of a person's income
17    that is equal to or less than the "protected income" level
18    shall not be considered by the Department in determining
19    eligibility. The "protected income" level shall be
20    determined by the Department, shall never be less than the
21    federal poverty standard, and shall be adjusted each year
22    to reflect changes in the Consumer Price Index For All
23    Urban Consumers as determined by the United States
24    Department of Labor. The standards must provide that a
25    person may not have more than $10,000 in assets to be
26    eligible for the services, and the Department may increase



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1    or decrease the asset limitation by rule. The Department
2    may not decrease the asset level below $10,000. Subject to
3    federal approval, the Department shall allow a recipient's
4    spouse, guardian, kin, or siblings to serve as his or her
5    provider of personal care or similar services.
6        The services shall be provided, as established by the
7    Department by rule, to eligible persons to prevent
8    unnecessary or premature institutionalization, to the
9    extent that the cost of the services, together with the
10    other personal maintenance expenses of the persons, are
11    reasonably related to the standards established for care
12    in a group facility appropriate to their condition. These
13    non-institutional services, pilot projects or experimental
14    facilities may be provided as part of or in addition to
15    those authorized by federal law or those funded and
16    administered by the Illinois Department on Aging. The
17    Department shall set rates and fees for services in a fair
18    and equitable manner. Services identical to those offered
19    by the Department on Aging shall be paid at the same rate.
20        Except as otherwise provided in this paragraph,
21    personal assistants shall be paid at a rate negotiated
22    between the State and an exclusive representative of
23    personal assistants under a collective bargaining
24    agreement. In no case shall the Department pay personal
25    assistants an hourly wage that is less than the federal
26    minimum wage. Within 30 days after July 6, 2017 (the



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1    effective date of Public Act 100-23), the hourly wage paid
2    to personal assistants and individual maintenance home
3    health workers shall be increased by $0.48 per hour. Wages
4    and other benefits for personal assistants shall not count
5    against benefits that guardians receive as outlined in
6    Article XIa of the Probate Act of 1975.
7        Solely for the purposes of coverage under the Illinois
8    Public Labor Relations Act, personal assistants providing
9    services under the Department's Home Services Program
10    shall be considered to be public employees and the State
11    of Illinois shall be considered to be their employer as of
12    July 16, 2003 (the effective date of Public Act 93-204),
13    but not before. Solely for the purposes of coverage under
14    the Illinois Public Labor Relations Act, home care and
15    home health workers who function as personal assistants
16    and individual maintenance home health workers and who
17    also provide services under the Department's Home Services
18    Program shall be considered to be public employees, no
19    matter whether the State provides such services through
20    direct fee-for-service arrangements, with the assistance
21    of a managed care organization or other intermediary, or
22    otherwise, and the State of Illinois shall be considered
23    to be the employer of those persons as of January 29, 2013
24    (the effective date of Public Act 97-1158), but not before
25    except as otherwise provided under this subsection (f).
26    The State shall engage in collective bargaining with an



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1    exclusive representative of home care and home health
2    workers who function as personal assistants and individual
3    maintenance home health workers working under the Home
4    Services Program concerning their terms and conditions of
5    employment that are within the State's control. Nothing in
6    this paragraph shall be understood to limit the right of
7    the persons receiving services defined in this Section to
8    hire and fire home care and home health workers who
9    function as personal assistants and individual maintenance
10    home health workers working under the Home Services
11    Program or to supervise them within the limitations set by
12    the Home Services Program. The State shall not be
13    considered to be the employer of home care and home health
14    workers who function as personal assistants and individual
15    maintenance home health workers working under the Home
16    Services Program for any purposes not specifically
17    provided in Public Act 93-204 or Public Act 97-1158,
18    including but not limited to, purposes of vicarious
19    liability in tort and purposes of statutory retirement or
20    health insurance benefits. Home care and home health
21    workers who function as personal assistants and individual
22    maintenance home health workers and who also provide
23    services under the Department's Home Services Program
24    shall not be covered by the State Employees Group
25    Insurance Act of 1971.
26        The Department shall execute, relative to nursing home



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



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



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1    spouse or relative, as defined by the rules and
2    regulations of the Department of Healthcare and Family
3    Services, regardless of the value of the property.
4        (g) To establish such subdivisions of the Department
5    as shall be desirable and assign to the various
6    subdivisions the responsibilities and duties placed upon
7    the Department by law.
8        (h) To cooperate and enter into any necessary
9    agreements with the Department of Employment Security for
10    the provision of job placement and job referral services
11    to clients of the Department, including job service
12    registration of such clients with Illinois Employment
13    Security offices and making job listings maintained by the
14    Department of Employment Security available to such
15    clients.
16        (i) To possess all powers reasonable and necessary for
17    the exercise and administration of the powers, duties and
18    responsibilities of the Department which are provided for
19    by law.
20        (j) (Blank).
21        (k) (Blank).
22        (l) To establish, operate, and maintain a Statewide
23    Housing Clearinghouse of information on available
24    government subsidized housing accessible to persons with
25    disabilities and available privately owned housing
26    accessible to persons with disabilities. The information



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1    shall include, but not be limited to, the location, rental
2    requirements, access features and proximity to public
3    transportation of available housing. The Clearinghouse
4    shall consist of at least a computerized database for the
5    storage and retrieval of information and a separate or
6    shared toll free telephone number for use by those seeking
7    information from the Clearinghouse. Department offices and
8    personnel throughout the State shall also assist in the
9    operation of the Statewide Housing Clearinghouse.
10    Cooperation with local, State, and federal housing
11    managers shall be sought and extended in order to
12    frequently and promptly update the Clearinghouse's
13    information.
14        (m) To assure that the names and case records of
15    persons who received or are receiving services from the
16    Department, including persons receiving vocational
17    rehabilitation, home services, or other services, and
18    those attending one of the Department's schools or other
19    supervised facility shall be confidential and not be open
20    to the general public. Those case records and reports or
21    the information contained in those records and reports
22    shall be disclosed by the Director only to proper law
23    enforcement officials, individuals authorized by a court,
24    the General Assembly or any committee or commission of the
25    General Assembly, and other persons and for reasons as the
26    Director designates by rule. Disclosure by the Director



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1    may be only in accordance with other applicable law.
2(Source: P.A. 102-264, eff. 8-6-21; 102-826, eff. 5-13-22.)