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| [ Introduced ] | [ House Amendment 001 ] |
90_HB1614eng
20 ILCS 105/4.02 from Ch. 23, par. 6104.02
Amends the Illinois Act on the Aging concerning
preventive services. Adds a caption.
LRB9004323PTcw
HB1614 Engrossed LRB9004323PTcw
1 AN ACT to amend the Illinois Act on the Aging by amending
2 Section 4.02.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Act on the Aging is amended by
6 changing Section 4.02 as follows:
7 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 4.02. The Department shall establish a program of
10 services to prevent unnecessary institutionalization of
11 persons age 60 and older in need of long term care or who are
12 established as persons who suffer from Alzheimer's disease or
13 a related disorder under the Alzheimer's Disease Assistance
14 Act, enacted by the 84th General Assembly, thereby enabling
15 them to remain in their own homes or in other living
16 arrangements. Such preventive services, which may be
17 coordinated with other programs for the aged and monitored by
18 area agencies on aging in cooperation with the Department,
19 may include, but are not limited to, any or all of the
20 following:
21 (a) home health services;
22 (b) home nursing services;
23 (c) homemaker services;
24 (d) chore and housekeeping services;
25 (e) day care services;
26 (f) home-delivered meals;
27 (g) education in self-care;
28 (h) personal care services;
29 (i) adult day health services;
30 (j) habilitation services;
31 (k) respite care; or
HB1614 Engrossed -2- LRB9004323PTcw
1 (l) other nonmedical social services that may enable the
2 person to become self-supporting.
3 The Department shall establish eligibility standards for
4 such services taking into consideration the unique economic
5 and social needs of the target population for whom they are
6 to be provided. Such eligibility standards shall be based on
7 the recipient's ability to pay for services; provided,
8 however, that in determining the amount and nature of
9 services for which a person may qualify, consideration shall
10 not be given to the value of cash, property or other assets
11 held in the name of the person's spouse pursuant to a written
12 agreement dividing marital property into equal but separate
13 shares or pursuant to a transfer of the person's interest in
14 a home to his spouse, provided that the spouse's share of the
15 marital property is not made available to the person seeking
16 such services. The Department shall, in conjunction with the
17 Department of Public Aid, seek appropriate amendments under
18 Sections 1915 and 1924 of the Social Security Act. The
19 purpose of the amendments shall be to extend eligibility for
20 home and community based services under Sections 1915 and
21 1924 of the Social Security Act to persons who transfer to or
22 for the benefit of a spouse those amounts of income and
23 resources allowed under Section 1924 of the Social Security
24 Act. Subject to the approval of such amendments, the
25 Department shall extend the provisions of Section 5-4 of the
26 Illinois Public Aid Code to persons who, but for the
27 provision of home or community-based services, would require
28 the level of care provided in an institution, as is provided
29 for in federal law. Those persons no longer found to be
30 eligible for receiving noninstitutional services due to
31 changes in the eligibility criteria shall be given 60 days
32 notice prior to actual termination. Those persons receiving
33 notice of termination may contact the Department and request
34 the determination be appealed at any time during the 60 day
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1 notice period. With the exception of the lengthened notice
2 and time frame for the appeal request, the appeal process
3 shall follow the normal procedure. In addition, each person
4 affected regardless of the circumstances for discontinued
5 eligibility shall be given notice and the opportunity to
6 purchase the necessary services through the Community Care
7 Program. If the individual does not elect to purchase
8 services, the Department shall advise the individual of
9 alternative services. The target population identified for
10 the purposes of this Section are persons age 60 and older
11 with an identified service need. Priority shall be given to
12 those who are at imminent risk of institutionalization. The
13 services shall be provided to eligible persons age 60 and
14 older to the extent that the cost of the services together
15 with the other personal maintenance expenses of the persons
16 are reasonably related to the standards established for care
17 in a group facility appropriate to the person's condition.
18 These non-institutional services, pilot projects or
19 experimental facilities may be provided as part of or in
20 addition to those authorized by federal law or those funded
21 and administered by the Department of Rehabilitation
22 Services. The Departments of Rehabilitation Services, Public
23 Aid, Mental Health and Developmental Disabilities, Public
24 Health, Veterans' Affairs, and Commerce and Community Affairs
25 and other appropriate agencies of State, federal and local
26 governments shall cooperate with the Department on Aging in
27 the establishment and development of the non-institutional
28 services. The Department shall require an annual audit from
29 all chore/housekeeping and homemaker vendors contracting with
30 the Department under this Section. The annual audit shall
31 assure that each audited vendor's procedures are in
32 compliance with Department's financial reporting guidelines
33 requiring a 27% administrative cost split and a 73% employee
34 wages and benefits cost split. The audit is a public record
HB1614 Engrossed -4- LRB9004323PTcw
1 under the Freedom of Information Act. The Department shall
2 execute, relative to the nursing home prescreening project,
3 written inter-agency agreements with the Department of
4 Rehabilitation Services and the Department of Public Aid, to
5 effect the following: (1) intake procedures and common
6 eligibility criteria for those persons who are receiving
7 non-institutional services; and (2) the establishment and
8 development of non-institutional services in areas of the
9 State where they are not currently available or are
10 undeveloped. On and after July 1, 1996, all nursing home
11 prescreenings for individuals 60 years of age or older shall
12 be conducted by the Department.
13 The Department is authorized to establish a system of
14 recipient copayment for services provided under this Section,
15 such copayment to be based upon the recipient's ability to
16 pay but in no case to exceed the actual cost of the services
17 provided. Additionally, any portion of a person's income
18 which is equal to or less than the federal poverty standard
19 shall not be considered by the Department in determining the
20 copayment. The level of such copayment shall be adjusted
21 whenever necessary to reflect any change in the officially
22 designated federal poverty standard.
23 The Department, or the Department's authorized
24 representative, shall recover the amount of moneys expended
25 for services provided to or in behalf of a person under this
26 Section by a claim against the person's estate or against the
27 estate of the person's surviving spouse, but no recovery may
28 be had until after the death of the surviving spouse, if any,
29 and then only at such time when there is no surviving child
30 who is under age 21, blind, or permanently and totally
31 disabled. This paragraph, however, shall not bar recovery,
32 at the death of the person, of moneys for services provided
33 to the person or in behalf of the person under this Section
34 to which the person was not entitled; provided that such
HB1614 Engrossed -5- LRB9004323PTcw
1 recovery shall not be enforced against any real estate while
2 it is occupied as a homestead by the surviving spouse or
3 other dependent, if no claims by other creditors have been
4 filed against the estate, or, if such claims have been filed,
5 they remain dormant for failure of prosecution or failure of
6 the claimant to compel administration of the estate for the
7 purpose of payment. This paragraph shall not bar recovery
8 from the estate of a spouse, under Sections 1915 and 1924 of
9 the Social Security Act and Section 5-4 of the Illinois
10 Public Aid Code, who precedes a person receiving services
11 under this Section in death. All moneys for services paid to
12 or in behalf of the person under this Section shall be
13 claimed for recovery from the deceased spouse's estate.
14 "Homestead", as used in this paragraph, means the dwelling
15 house and contiguous real estate occupied by a surviving
16 spouse or relative, as defined by the rules and regulations
17 of the Illinois Department of Public Aid, regardless of the
18 value of the property.
19 The Department shall develop procedures to enhance
20 availability of services on evenings, weekends, and on an
21 emergency basis to meet the respite needs of caregivers.
22 Procedures shall be developed to permit the utilization of
23 services in successive blocks of 24 hours up to the monthly
24 maximum established by the Department. Workers providing
25 these services shall be appropriately trained.
26 The Department shall work in conjunction with the
27 Alzheimer's Task Force and members of the Alzheimer's
28 Association and other senior citizens' organizations in
29 developing these procedures by December 30, 1991.
30 Beginning on the effective date of this Amendatory Act of
31 1991, no person may perform chore/housekeeping and homemaker
32 services under a program authorized by this Section unless
33 that person has been issued a certificate of pre-service to
34 do so by his or her employing agency. Information gathered
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1 to effect such certification shall include (i) the person's
2 name, (ii) the date the person was hired by his or her
3 current employer, and (iii) the training, including dates and
4 levels. Persons engaged in the program authorized by this
5 Section before the effective date of this Amendatory Act of
6 1991 shall be issued a certificate of all pre- and in-service
7 training from his or her employer upon submitting the
8 necessary information. The employing agency shall be
9 required to retain records of all staff pre- and in-service
10 training, and shall provide such records to the Department
11 upon request and upon termination of the employer's contract
12 with the Department. In addition, the employing agency is
13 responsible for the issuance of certifications of in-service
14 training completed to their employees.
15 The Department is required to develop a system to ensure
16 that persons working as homemakers and chore housekeepers
17 receive increases in their wages when the federal minimum
18 wage is increased by requiring vendors to certify that they
19 are meeting the federal minimum wage statute for homemakers
20 and chore housekeepers. An employer that cannot ensure that
21 the minimum wage increase is being given to homemakers and
22 chore housekeepers shall be denied any increase in
23 reimbursement costs.
24 The Department on Aging and the Department of
25 Rehabilitation Services shall cooperate in the development
26 and submission of an annual report on programs and services
27 provided under this Section. Such joint report shall be filed
28 with the Governor and the General Assembly on or before
29 September 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
HB1614 Engrossed -7- LRB9004323PTcw
1 Unit, as required by Section 3.1 of the General Assembly
2 Organization Act and filing such additional copies with the
3 State Government Report Distribution Center for the General
4 Assembly as is required under paragraph (t) of Section 7 of
5 the State Library Act.
6 Those persons previously found eligible for receiving
7 non-institutional services whose services were discontinued
8 under the Emergency Budget Act of Fiscal Year 1992, and who
9 do not meet the eligibility standards in effect on or after
10 July 1, 1992, shall remain ineligible on and after July 1,
11 1992. Those persons previously not required to cost-share
12 and who were required to cost-share effective March 1, 1992,
13 shall continue to meet cost-share requirements on and after
14 July 1, 1992. Beginning July 1, 1992, all clients will be
15 required to meet eligibility, cost-share, and other
16 requirements and will have services discontinued or altered
17 when they fail to meet these requirements.
18 (Source: P.A. 89-21, eff. 7-1-95.)
19 (Text of Section after amendment by P.A. 89-507)
20 Sec. 4.02. Preventive services. The Department shall
21 establish a program of services to prevent unnecessary
22 institutionalization of persons age 60 and older in need of
23 long term care or who are established as persons who suffer
24 from Alzheimer's disease or a related disorder under the
25 Alzheimer's Disease Assistance Act, thereby enabling them to
26 remain in their own homes or in other living arrangements.
27 Such preventive services, which may be coordinated with other
28 programs for the aged and monitored by area agencies on aging
29 in cooperation with the Department, may include, but are not
30 limited to, any or all of the following:
31 (a) home health services;
32 (b) home nursing services;
33 (c) homemaker services;
34 (d) chore and housekeeping services;
HB1614 Engrossed -8- LRB9004323PTcw
1 (e) day care services;
2 (f) home-delivered meals;
3 (g) education in self-care;
4 (h) personal care services;
5 (i) adult day health services;
6 (j) habilitation services;
7 (k) respite care; or
8 (l) senior companion services;
9 (m) money management assistance;
10 (n) home repair or modification or accessibility by
11 physically disabled persons;
12 (o) home electronic emergency response services; or
13 (p) (l) other nonmedical social services that may enable
14 the person to become self-supporting.
15 The Department shall establish eligibility standards for
16 such services taking into consideration the unique economic
17 and social needs of the target population for whom they are
18 to be provided. Such eligibility standards shall be based on
19 the recipient's ability to pay for services; provided,
20 however, that in determining the amount and nature of
21 services for which a person may qualify, consideration shall
22 not be given to the value of cash, property or other assets
23 held in the name of the person's spouse pursuant to a written
24 agreement dividing marital property into equal but separate
25 shares or pursuant to a transfer of the person's interest in
26 a home to his spouse, provided that the spouse's share of the
27 marital property is not made available to the person seeking
28 such services. The Department shall, in conjunction with the
29 Department of Public Aid, seek appropriate amendments under
30 Sections 1915 and 1924 of the Social Security Act. The
31 purpose of the amendments shall be to extend eligibility for
32 home and community based services under Sections 1915 and
33 1924 of the Social Security Act to persons who transfer to or
34 for the benefit of a spouse those amounts of income and
HB1614 Engrossed -9- LRB9004323PTcw
1 resources allowed under Section 1924 of the Social Security
2 Act. Subject to the approval of such amendments, the
3 Department shall extend the provisions of Section 5-4 of the
4 Illinois Public Aid Code to persons who, but for the
5 provision of home or community-based services, would require
6 the level of care provided in an institution, as is provided
7 for in federal law. Those persons no longer found to be
8 eligible for receiving noninstitutional services due to
9 changes in the eligibility criteria shall be given 60 days
10 notice prior to actual termination. Those persons receiving
11 notice of termination may contact the Department and request
12 the determination be appealed at any time during the 60 day
13 notice period. With the exception of the lengthened notice
14 and time frame for the appeal request, the appeal process
15 shall follow the normal procedure. In addition, each person
16 affected regardless of the circumstances for discontinued
17 eligibility shall be given notice and the opportunity to
18 purchase the necessary services through the Community Care
19 Program. If the individual does not elect to purchase
20 services, the Department shall advise the individual of
21 alternative services. The target population identified for
22 the purposes of this Section are persons age 60 and older
23 with an identified service need. Priority shall be given to
24 those who are at imminent risk of institutionalization. The
25 services shall be provided to eligible persons age 60 and
26 older to the extent that the cost of the services together
27 with the other personal maintenance expenses of the persons
28 are reasonably related to the standards established for care
29 in a group facility appropriate to the person's condition.
30 These non-institutional services, pilot projects or
31 experimental facilities may be provided as part of or in
32 addition to those authorized by federal law or those funded
33 and administered by the Department of Human Services. The
34 Departments of Human Services, Public Aid, Public Health,
HB1614 Engrossed -10- LRB9004323PTcw
1 Veterans' Affairs, and Commerce and Community Affairs and
2 other appropriate agencies of State, federal and local
3 governments shall cooperate with the Department on Aging in
4 the establishment and development of the non-institutional
5 services. The Department shall require an annual audit from
6 all chore/housekeeping and homemaker vendors contracting with
7 the Department under this Section. The annual audit shall
8 assure that each audited vendor's procedures are in
9 compliance with Department's financial reporting guidelines
10 requiring a 27% administrative cost split and a 73% employee
11 wages and benefits cost split. The audit is a public record
12 under the Freedom of Information Act. The Department shall
13 execute, relative to the nursing home prescreening project,
14 written inter-agency agreements with the Department of Human
15 Services and the Department of Public Aid, to effect the
16 following: (1) intake procedures and common eligibility
17 criteria for those persons who are receiving
18 non-institutional services; and (2) the establishment and
19 development of non-institutional services in areas of the
20 State where they are not currently available or are
21 undeveloped. On and after July 1, 1996, all nursing home
22 prescreenings for individuals 60 years of age or older shall
23 be conducted by the Department.
24 The Department is authorized to establish a system of
25 recipient copayment for services provided under this Section,
26 such copayment to be based upon the recipient's ability to
27 pay but in no case to exceed the actual cost of the services
28 provided. Additionally, any portion of a person's income
29 which is equal to or less than the federal poverty standard
30 shall not be considered by the Department in determining the
31 copayment. The level of such copayment shall be adjusted
32 whenever necessary to reflect any change in the officially
33 designated federal poverty standard.
34 The Department, or the Department's authorized
HB1614 Engrossed -11- LRB9004323PTcw
1 representative, shall recover the amount of moneys expended
2 for services provided to or in behalf of a person under this
3 Section by a claim against the person's estate or against the
4 estate of the person's surviving spouse, but no recovery may
5 be had until after the death of the surviving spouse, if any,
6 and then only at such time when there is no surviving child
7 who is under age 21, blind, or permanently and totally
8 disabled. This paragraph, however, shall not bar recovery,
9 at the death of the person, of moneys for services provided
10 to the person or in behalf of the person under this Section
11 to which the person was not entitled; provided that such
12 recovery shall not be enforced against any real estate while
13 it is occupied as a homestead by the surviving spouse or
14 other dependent, if no claims by other creditors have been
15 filed against the estate, or, if such claims have been filed,
16 they remain dormant for failure of prosecution or failure of
17 the claimant to compel administration of the estate for the
18 purpose of payment. This paragraph shall not bar recovery
19 from the estate of a spouse, under Sections 1915 and 1924 of
20 the Social Security Act and Section 5-4 of the Illinois
21 Public Aid Code, who precedes a person receiving services
22 under this Section in death. All moneys for services paid to
23 or in behalf of the person under this Section shall be
24 claimed 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
27 spouse or relative, as defined by the rules and regulations
28 of the Illinois Department of Public Aid, regardless of the
29 value of the property.
30 The Department shall develop procedures to enhance
31 availability of services on evenings, weekends, and on an
32 emergency basis to meet the respite needs of caregivers.
33 Procedures shall be developed to permit the utilization of
34 services in successive blocks of 24 hours up to the monthly
HB1614 Engrossed -12- LRB9004323PTcw
1 maximum established by the Department. Workers providing
2 these services shall be appropriately trained.
3 The Department shall work in conjunction with the
4 Alzheimer's Task Force and members of the Alzheimer's
5 Association and other senior citizens' organizations in
6 developing these procedures by December 30, 1991.
7 Beginning on the effective date of this Amendatory Act of
8 1991, no person may perform chore/housekeeping and homemaker
9 services under a program authorized by this Section unless
10 that person has been issued a certificate of pre-service to
11 do so by his or her employing agency. Information gathered
12 to effect such certification shall include (i) the person's
13 name, (ii) the date the person was hired by his or her
14 current employer, and (iii) the training, including dates and
15 levels. Persons engaged in the program authorized by this
16 Section before the effective date of this amendatory Act of
17 1991 shall be issued a certificate of all pre- and in-service
18 training from his or her employer upon submitting the
19 necessary information. The employing agency shall be
20 required to retain records of all staff pre- and in-service
21 training, and shall provide such records to the Department
22 upon request and upon termination of the employer's contract
23 with the Department. In addition, the employing agency is
24 responsible for the issuance of certifications of in-service
25 training completed to their employees.
26 The Department is required to develop a system to ensure
27 that persons working as homemakers and chore housekeepers
28 receive increases in their wages when the federal minimum
29 wage is increased by requiring vendors to certify that they
30 are meeting the federal minimum wage statute for homemakers
31 and chore housekeepers. An employer that cannot ensure that
32 the minimum wage increase is being given to homemakers and
33 chore housekeepers shall be denied any increase in
34 reimbursement costs.
HB1614 Engrossed -13- LRB9004323PTcw
1 The Department on Aging and the Department of Human
2 Services shall cooperate in the development and submission of
3 an annual report on (i) programs and services provided under
4 this Section, (ii) the statewide availability of these
5 programs and services, and (iii) the outcomes of these
6 programs and services in preventing unnecessary
7 institutionalization. Such joint report shall be filed with
8 the Governor and the General Assembly on or before September
9 30 each year.
10 The requirement for reporting to the General Assembly
11 shall be satisfied by filing copies of the report with the
12 Speaker, the Minority Leader and the Clerk of the House of
13 Representatives and the President, the Minority Leader and
14 the Secretary of the Senate and the Legislative Research
15 Unit, as required by Section 3.1 of the General Assembly
16 Organization Act and filing such additional copies with the
17 State Government Report Distribution Center for the General
18 Assembly as is required under paragraph (t) of Section 7 of
19 the State Library Act.
20 Those persons previously found eligible for receiving
21 non-institutional services whose services were discontinued
22 under the Emergency Budget Act of Fiscal Year 1992, and who
23 do not meet the eligibility standards in effect on or after
24 July 1, 1992, shall remain ineligible on and after July 1,
25 1992. Those persons previously not required to cost-share
26 and who were required to cost-share effective March 1, 1992,
27 shall continue to meet cost-share requirements on and after
28 July 1, 1992. Beginning July 1, 1992, all clients will be
29 required to meet eligibility, cost-share, and other
30 requirements and will have services discontinued or altered
31 when they fail to meet these requirements.
32 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
33 Section 95. No acceleration or delay. Where this Act
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1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.