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90_HB1783
20 ILCS 105/4.02 from Ch. 23, par. 6104.02
20 ILCS 2405/3 from Ch. 23, par. 3434
Amends the Illinois Act on the Aging. Provides that
vendors of homemaker and chore housekeeper services shall
receive a rate increase of at least 3% but no more than 5% on
July 1 of each year based on the Consumer Price Index for All
Urban Consumers as determined by the United States Department
of Labor. Amends the Disabled Persons Rehabilitation Act.
Provides that personal care attendants shall receive an
automatic cost of living allowance of at least 3% but no more
than 5% on July 1 of each year based on the Consumer Price
Index for All Urban Consumers as determined by the United
States Department of Labor. Effective July 1, 1997.
LRB9002430PTcw
LRB9002430PTcw
1 AN ACT regarding preventive services.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Act on the Aging is amended by
5 changing Section 4.02 as follows:
6 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 4.02. The Department shall establish a program of
9 services to prevent unnecessary institutionalization of
10 persons age 60 and older in need of long term care or who are
11 established as persons who suffer from Alzheimer's disease or
12 a related disorder under the Alzheimer's Disease Assistance
13 Act, enacted by the 84th General Assembly, thereby enabling
14 them to remain in their own homes or in other living
15 arrangements. Such preventive services, which may be
16 coordinated with other programs for the aged and monitored by
17 area agencies on aging in cooperation with the Department,
18 may include, but are not limited to, any or all of the
19 following:
20 (a) home health services;
21 (b) home nursing services;
22 (c) homemaker services;
23 (d) chore and housekeeping services;
24 (e) day care services;
25 (f) home-delivered meals;
26 (g) education in self-care;
27 (h) personal care services;
28 (i) adult day health services;
29 (j) habilitation services;
30 (k) respite care; or
31 (l) other nonmedical social services that may enable the
-2- LRB9002430PTcw
1 person to become self-supporting.
2 The Department shall establish eligibility standards for
3 such services taking into consideration the unique economic
4 and social needs of the target population for whom they are
5 to be provided. Such eligibility standards shall be based on
6 the recipient's ability to pay for services; provided,
7 however, that in determining the amount and nature of
8 services for which a person may qualify, consideration shall
9 not be given to the value of cash, property or other assets
10 held in the name of the person's spouse pursuant to a written
11 agreement dividing marital property into equal but separate
12 shares or pursuant to a transfer of the person's interest in
13 a home to his spouse, provided that the spouse's share of the
14 marital property is not made available to the person seeking
15 such services. The Department shall, in conjunction with the
16 Department of Public Aid, seek appropriate amendments under
17 Sections 1915 and 1924 of the Social Security Act. The
18 purpose of the amendments shall be to extend eligibility for
19 home and community based services under Sections 1915 and
20 1924 of the Social Security Act to persons who transfer to or
21 for the benefit of a spouse those amounts of income and
22 resources allowed under Section 1924 of the Social Security
23 Act. Subject to the approval of such amendments, the
24 Department shall extend the provisions of Section 5-4 of the
25 Illinois Public Aid Code to persons who, but for the
26 provision of home or community-based services, would require
27 the level of care provided in an institution, as is provided
28 for in federal law. Those persons no longer found to be
29 eligible for receiving noninstitutional services due to
30 changes in the eligibility criteria shall be given 60 days
31 notice prior to actual termination. Those persons receiving
32 notice of termination may contact the Department and request
33 the determination be appealed at any time during the 60 day
34 notice period. With the exception of the lengthened notice
-3- LRB9002430PTcw
1 and time frame for the appeal request, the appeal process
2 shall follow the normal procedure. In addition, each person
3 affected regardless of the circumstances for discontinued
4 eligibility shall be given notice and the opportunity to
5 purchase the necessary services through the Community Care
6 Program. If the individual does not elect to purchase
7 services, the Department shall advise the individual of
8 alternative services. The target population identified for
9 the purposes of this Section are persons age 60 and older
10 with an identified service need. Priority shall be given to
11 those who are at imminent risk of institutionalization. The
12 services shall be provided to eligible persons age 60 and
13 older to the extent that the cost of the services together
14 with the other personal maintenance expenses of the persons
15 are reasonably related to the standards established for care
16 in a group facility appropriate to the person's condition.
17 These non-institutional services, pilot projects or
18 experimental facilities may be provided as part of or in
19 addition to those authorized by federal law or those funded
20 and administered by the Department of Rehabilitation
21 Services. The Departments of Rehabilitation Services, Public
22 Aid, Mental Health and Developmental Disabilities, Public
23 Health, Veterans' Affairs, and Commerce and Community Affairs
24 and other appropriate agencies of State, federal and local
25 governments shall cooperate with the Department on Aging in
26 the establishment and development of the non-institutional
27 services. The Department shall require an annual audit from
28 all chore/housekeeping and homemaker vendors contracting with
29 the Department under this Section. The annual audit shall
30 assure that each audited vendor's procedures are in
31 compliance with Department's financial reporting guidelines
32 requiring a 27% administrative cost split and a 73% employee
33 wages and benefits cost split. The audit is a public record
34 under the Freedom of Information Act. The Department shall
-4- LRB9002430PTcw
1 execute, relative to the nursing home prescreening project,
2 written inter-agency agreements with the Department of
3 Rehabilitation Services and the Department of Public Aid, to
4 effect the following: (1) intake procedures and common
5 eligibility criteria for those persons who are receiving
6 non-institutional services; and (2) the establishment and
7 development of non-institutional services in areas of the
8 State where they are not currently available or are
9 undeveloped. On and after July 1, 1996, all nursing home
10 prescreenings for individuals 60 years of age or older shall
11 be conducted by the Department.
12 The Department is authorized to establish a system of
13 recipient copayment for services provided under this Section,
14 such copayment to be based upon the recipient's ability to
15 pay but in no case to exceed the actual cost of the services
16 provided. Additionally, any portion of a person's income
17 which is equal to or less than the federal poverty standard
18 shall not be considered by the Department in determining the
19 copayment. The level of such copayment shall be adjusted
20 whenever necessary to reflect any change in the officially
21 designated federal poverty standard.
22 The Department, or the Department's authorized
23 representative, shall recover the amount of moneys expended
24 for services provided to or in behalf of a person under this
25 Section by a claim against the person's estate or against the
26 estate of the person's surviving spouse, but no recovery may
27 be had until after the death of the surviving spouse, if any,
28 and then only at such time when there is no surviving child
29 who is under age 21, blind, or permanently and totally
30 disabled. This paragraph, however, shall not bar recovery,
31 at the death of the person, of moneys for services provided
32 to the person or in behalf of the person under this Section
33 to which the person was not entitled; provided that such
34 recovery shall not be enforced against any real estate while
-5- LRB9002430PTcw
1 it is occupied as a homestead by the surviving spouse or
2 other dependent, if no claims by other creditors have been
3 filed against the estate, or, if such claims have been filed,
4 they remain dormant for failure of prosecution or failure of
5 the claimant to compel administration of the estate for the
6 purpose of payment. This paragraph shall not bar recovery
7 from the estate of a spouse, under Sections 1915 and 1924 of
8 the Social Security Act and Section 5-4 of the Illinois
9 Public Aid Code, who precedes a person receiving services
10 under this Section in death. All moneys for services paid to
11 or in behalf of the person under this Section shall be
12 claimed for recovery from the deceased spouse's estate.
13 "Homestead", as used in this paragraph, means the dwelling
14 house and contiguous real estate occupied by a surviving
15 spouse or relative, as defined by the rules and regulations
16 of the Illinois Department of Public Aid, regardless of the
17 value of the property.
18 The Department shall develop procedures to enhance
19 availability of services on evenings, weekends, and on an
20 emergency basis to meet the respite needs of caregivers.
21 Procedures shall be developed to permit the utilization of
22 services in successive blocks of 24 hours up to the monthly
23 maximum established by the Department. Workers providing
24 these services shall be appropriately trained.
25 The Department shall work in conjunction with the
26 Alzheimer's Task Force and members of the Alzheimer's
27 Association and other senior citizens' organizations in
28 developing these procedures by December 30, 1991.
29 Beginning on the effective date of this Amendatory Act of
30 1991, no person may perform chore/housekeeping and homemaker
31 services under a program authorized by this Section unless
32 that person has been issued a certificate of pre-service to
33 do so by his or her employing agency. Information gathered
34 to effect such certification shall include (i) the person's
-6- LRB9002430PTcw
1 name, (ii) the date the person was hired by his or her
2 current employer, and (iii) the training, including dates and
3 levels. Persons engaged in the program authorized by this
4 Section before the effective date of this Amendatory Act of
5 1991 shall be issued a certificate of all pre- and in-service
6 training from his or her employer upon submitting the
7 necessary information. The employing agency shall be
8 required to retain records of all staff pre- and in-service
9 training, and shall provide such records to the Department
10 upon request and upon termination of the employer's contract
11 with the Department. In addition, the employing agency is
12 responsible for the issuance of certifications of in-service
13 training completed to their employees.
14 The Department is required to develop a system to ensure
15 that persons working as homemakers and chore housekeepers
16 receive increases in their wages when the federal minimum
17 wage is increased by requiring vendors to certify that they
18 are meeting the federal minimum wage statute for homemakers
19 and chore housekeepers. An employer that cannot ensure that
20 the minimum wage increase is being given to homemakers and
21 chore housekeepers shall be denied any increase in
22 reimbursement costs.
23 The Department on Aging and the Department of
24 Rehabilitation Services shall cooperate in the development
25 and submission of an annual report on programs and services
26 provided under this Section. Such joint report shall be filed
27 with the Governor and the General Assembly on or before
28 September 30 each year.
29 The requirement for reporting to the General Assembly
30 shall be satisfied by filing copies of the report with the
31 Speaker, the Minority Leader and the Clerk of the House of
32 Representatives and the President, the Minority Leader and
33 the Secretary of the Senate and the Legislative Research
34 Unit, as required by Section 3.1 of the General Assembly
-7- LRB9002430PTcw
1 Organization Act and filing such additional copies with the
2 State Government Report Distribution Center for the General
3 Assembly as is required under paragraph (t) of Section 7 of
4 the State Library Act.
5 Those persons previously found eligible for receiving
6 non-institutional services whose services were discontinued
7 under the Emergency Budget Act of Fiscal Year 1992, and who
8 do not meet the eligibility standards in effect on or after
9 July 1, 1992, shall remain ineligible on and after July 1,
10 1992. Those persons previously not required to cost-share
11 and who were required to cost-share effective March 1, 1992,
12 shall continue to meet cost-share requirements on and after
13 July 1, 1992. Beginning July 1, 1992, all clients will be
14 required to meet eligibility, cost-share, and other
15 requirements and will have services discontinued or altered
16 when they fail to meet these requirements.
17 (Source: P.A. 89-21, eff. 7-1-95.)
18 (Text of Section after amendment by P.A. 89-507)
19 Sec. 4.02. The Department shall establish a program of
20 services to prevent unnecessary institutionalization of
21 persons age 60 and older in need of long term care or who are
22 established as persons who suffer from Alzheimer's disease or
23 a related disorder under the Alzheimer's Disease Assistance
24 Act, thereby enabling them to remain in their own homes or in
25 other living arrangements. Such preventive services, which
26 may be coordinated with other programs for the aged and
27 monitored by area agencies on aging in cooperation with the
28 Department, may include, but are not limited to, any or all
29 of the following:
30 (a) home health services;
31 (b) home nursing services;
32 (c) homemaker services;
33 (d) chore and housekeeping services;
34 (e) day care services;
-8- LRB9002430PTcw
1 (f) home-delivered meals;
2 (g) education in self-care;
3 (h) personal care services;
4 (i) adult day health services;
5 (j) habilitation services;
6 (k) respite care; or
7 (l) other nonmedical social services that may enable the
8 person to become self-supporting.
9 The Department shall establish eligibility standards for
10 such services taking into consideration the unique economic
11 and social needs of the target population for whom they are
12 to be provided. Such eligibility standards shall be based on
13 the recipient's ability to pay for services; provided,
14 however, that in determining the amount and nature of
15 services for which a person may qualify, consideration shall
16 not be given to the value of cash, property or other assets
17 held in the name of the person's spouse pursuant to a written
18 agreement dividing marital property into equal but separate
19 shares or pursuant to a transfer of the person's interest in
20 a home to his spouse, provided that the spouse's share of the
21 marital property is not made available to the person seeking
22 such services. The Department shall, in conjunction with the
23 Department of Public Aid, seek appropriate amendments under
24 Sections 1915 and 1924 of the Social Security Act. The
25 purpose of the amendments shall be to extend eligibility for
26 home and community based services under Sections 1915 and
27 1924 of the Social Security Act to persons who transfer to or
28 for the benefit of a spouse those amounts of income and
29 resources allowed under Section 1924 of the Social Security
30 Act. Subject to the approval of such amendments, the
31 Department shall extend the provisions of Section 5-4 of the
32 Illinois Public Aid Code to persons who, but for the
33 provision of home or community-based services, would require
34 the level of care provided in an institution, as is provided
-9- LRB9002430PTcw
1 for in federal law. Those persons no longer found to be
2 eligible for receiving noninstitutional services due to
3 changes in the eligibility criteria shall be given 60 days
4 notice prior to actual termination. Those persons receiving
5 notice of termination may contact the Department and request
6 the determination be appealed at any time during the 60 day
7 notice period. With the exception of the lengthened notice
8 and time frame for the appeal request, the appeal process
9 shall follow the normal procedure. In addition, each person
10 affected regardless of the circumstances for discontinued
11 eligibility shall be given notice and the opportunity to
12 purchase the necessary services through the Community Care
13 Program. If the individual does not elect to purchase
14 services, the Department shall advise the individual of
15 alternative services. The target population identified for
16 the purposes of this Section are persons age 60 and older
17 with an identified service need. Priority shall be given to
18 those who are at imminent risk of institutionalization. The
19 services shall be provided to eligible persons age 60 and
20 older to the extent that the cost of the services together
21 with the other personal maintenance expenses of the persons
22 are reasonably related to the standards established for care
23 in a group facility appropriate to the person's condition.
24 These non-institutional services, pilot projects or
25 experimental facilities may be provided as part of or in
26 addition to those authorized by federal law or those funded
27 and administered by the Department of Human Services. The
28 Departments of Human Services, Public Aid, Public Health,
29 Veterans' Affairs, and Commerce and Community Affairs and
30 other appropriate agencies of State, federal and local
31 governments shall cooperate with the Department on Aging in
32 the establishment and development of the non-institutional
33 services. The Department shall require an annual audit from
34 all chore/housekeeping and homemaker vendors contracting with
-10- LRB9002430PTcw
1 the Department under this Section. The annual audit shall
2 assure that each audited vendor's procedures are in
3 compliance with Department's financial reporting guidelines
4 requiring a 27% administrative cost split and a 73% employee
5 wages and benefits cost split. The audit is a public record
6 under the Freedom of Information Act. The Department shall
7 execute, relative to the nursing home prescreening project,
8 written inter-agency agreements with the Department of Human
9 Services and the Department of Public Aid, to effect the
10 following: (1) intake procedures and common eligibility
11 criteria for those persons who are receiving
12 non-institutional services; and (2) the establishment and
13 development of non-institutional services in areas of the
14 State where they are not currently available or are
15 undeveloped. On and after July 1, 1996, all nursing home
16 prescreenings for individuals 60 years of age or older shall
17 be conducted by the Department.
18 The Department is authorized to establish a system of
19 recipient copayment for services provided under this Section,
20 such copayment to be based upon the recipient's ability to
21 pay but in no case to exceed the actual cost of the services
22 provided. Additionally, any portion of a person's income
23 which is equal to or less than the federal poverty standard
24 shall not be considered by the Department in determining the
25 copayment. The level of such copayment shall be adjusted
26 whenever necessary to reflect any change in the officially
27 designated federal poverty standard.
28 The Department, or the Department's authorized
29 representative, shall recover the amount of moneys expended
30 for services provided to or in behalf of a person under this
31 Section by a claim against the person's estate or against the
32 estate of the person's surviving spouse, but no recovery may
33 be had until after the death of the surviving spouse, if any,
34 and then only at such time when there is no surviving child
-11- LRB9002430PTcw
1 who is under age 21, blind, or permanently and totally
2 disabled. This paragraph, however, shall not bar recovery,
3 at the death of the person, of moneys for services provided
4 to the person or in behalf of the person under this Section
5 to which the person was not entitled; provided that such
6 recovery shall not be enforced against any real estate while
7 it is occupied as a homestead by the surviving spouse or
8 other dependent, if no claims by other creditors have been
9 filed against the estate, or, if such claims have been filed,
10 they remain dormant for failure of prosecution or failure of
11 the claimant to compel administration of the estate for the
12 purpose of payment. This paragraph shall not bar recovery
13 from the estate of a spouse, under Sections 1915 and 1924 of
14 the Social Security Act and Section 5-4 of the Illinois
15 Public Aid Code, who precedes a person receiving services
16 under this Section in death. All moneys for services paid to
17 or in behalf of the person under this Section shall be
18 claimed for recovery from the deceased spouse's estate.
19 "Homestead", as used in this paragraph, means the dwelling
20 house and contiguous real estate occupied by a surviving
21 spouse or relative, as defined by the rules and regulations
22 of the Illinois Department of Public Aid, regardless of the
23 value of the property.
24 The Department shall develop procedures to enhance
25 availability of services on evenings, weekends, and on an
26 emergency basis to meet the respite needs of caregivers.
27 Procedures shall be developed to permit the utilization of
28 services in successive blocks of 24 hours up to the monthly
29 maximum established by the Department. Workers providing
30 these services shall be appropriately trained.
31 The Department shall work in conjunction with the
32 Alzheimer's Task Force and members of the Alzheimer's
33 Association and other senior citizens' organizations in
34 developing these procedures by December 30, 1991.
-12- LRB9002430PTcw
1 Beginning on the effective date of this Amendatory Act of
2 1991, no person may perform chore/housekeeping and homemaker
3 services under a program authorized by this Section unless
4 that person has been issued a certificate of pre-service to
5 do so by his or her employing agency. Information gathered
6 to effect such certification shall include (i) the person's
7 name, (ii) the date the person was hired by his or her
8 current employer, and (iii) the training, including dates and
9 levels. Persons engaged in the program authorized by this
10 Section before the effective date of this amendatory Act of
11 1991 shall be issued a certificate of all pre- and in-service
12 training from his or her employer upon submitting the
13 necessary information. The employing agency shall be
14 required to retain records of all staff pre- and in-service
15 training, and shall provide such records to the Department
16 upon request and upon termination of the employer's contract
17 with the Department. In addition, the employing agency is
18 responsible for the issuance of certifications of in-service
19 training completed to their employees.
20 The Department is required to develop a system to ensure
21 that persons working as homemakers and chore housekeepers
22 receive increases in their wages when the federal minimum
23 wage is increased by requiring vendors to certify that they
24 are meeting the federal minimum wage statute for homemakers
25 and chore housekeepers. An employer that cannot ensure that
26 the minimum wage increase is being given to homemakers and
27 chore housekeepers shall be denied any increase in
28 reimbursement costs. The vendors shall receive a rate
29 increase of at least 3% but no more than 5% beginning July 1,
30 1997, and each July 1 thereafter, based on the Consumer Price
31 Index for All Urban Consumers as determined by the United
32 States Department of Labor.
33 The Department on Aging and the Department of Human
34 Services shall cooperate in the development and submission of
-13- LRB9002430PTcw
1 an annual report on programs and services provided under this
2 Section. Such joint report shall be filed with the Governor
3 and the General Assembly on or before September 30 each year.
4 The requirement for reporting to the General Assembly
5 shall be satisfied by filing copies of the report with the
6 Speaker, the Minority Leader and the Clerk of the House of
7 Representatives and the President, the Minority Leader and
8 the Secretary of the Senate and the Legislative Research
9 Unit, as required by Section 3.1 of the General Assembly
10 Organization Act and filing such additional copies with the
11 State Government Report Distribution Center for the General
12 Assembly as is required under paragraph (t) of Section 7 of
13 the State Library Act.
14 Those persons previously found eligible for receiving
15 non-institutional services whose services were discontinued
16 under the Emergency Budget Act of Fiscal Year 1992, and who
17 do not meet the eligibility standards in effect on or after
18 July 1, 1992, shall remain ineligible on and after July 1,
19 1992. Those persons previously not required to cost-share
20 and who were required to cost-share effective March 1, 1992,
21 shall continue to meet cost-share requirements on and after
22 July 1, 1992. Beginning July 1, 1992, all clients will be
23 required to meet eligibility, cost-share, and other
24 requirements and will have services discontinued or altered
25 when they fail to meet these requirements.
26 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
27 Section 10. The Disabled Persons Rehabilitation Act is
28 amended by changing Section 3 as follows:
29 (20 ILCS 2405/3) (from Ch. 23, par. 3434)
30 Sec. 3. Powers and duties. The Department shall have
31 the powers and duties enumerated herein:
32 (a) To co-operate with the federal government in the
-14- LRB9002430PTcw
1 administration of the provisions of the federal
2 Rehabilitation Act of 1973, as amended, and of the federal
3 Social Security Act to the extent and in the manner provided
4 in these Acts.
5 (b) To prescribe and supervise such courses of
6 vocational training and provide such other services as may be
7 necessary for the habilitation and rehabilitation of persons
8 with one or more disabilities, including the administrative
9 activities under subsection (e) of this Section, and to
10 co-operate with State and local school authorities and other
11 recognized agencies engaged in habilitation, rehabilitation
12 and comprehensive rehabilitation services; and to cooperate
13 with the Department of Children and Family Services regarding
14 the care and education of children with one or more
15 disabilities.
16 (c) To make such reports and submit such plans to the
17 federal government as are required by the provisions of the
18 federal Rehabilitation Act of 1973, as amended, and by the
19 rules and regulations of the federal agency or agencies
20 administering the federal Rehabilitation Act of 1973, as
21 amended, and the federal Social Security Act.
22 (d) To report in writing, to the Governor, annually on
23 or before the first day of December, and at such other times
24 and in such manner and upon such subjects as the Governor may
25 require. The annual report shall contain (1) a statement of
26 the existing condition of comprehensive rehabilitation
27 services, habilitation and rehabilitation in the State; (2) a
28 statement of suggestions and recommendations with reference
29 to the development of comprehensive rehabilitation services,
30 habilitation and rehabilitation in the State; and (3) an
31 itemized statement of the amounts of money received from
32 federal, State and other sources, and of the objects and
33 purposes to which the respective items of these several
34 amounts have been devoted.
-15- LRB9002430PTcw
1 (e) To exercise, pursuant to Section 13 of this Act,
2 executive and administrative supervision over all
3 institutions, divisions, programs and services now existing
4 or hereafter acquired or created under the jurisdiction of
5 the Department, including, but not limited to, the following:
6 The Illinois School for the Visually Impaired at
7 Jacksonville, as provided under Section 10 of this Act,
8 The Illinois School for the Deaf at Jacksonville, as
9 provided under Section 10 of this Act, and
10 The Illinois Center for Rehabilitation and Education, as
11 provided under Section 11 of this Act.
12 (f) To establish a program of services to prevent
13 unnecessary institutionalization of persons with Alzheimer's
14 disease and related disorders or persons in need of long term
15 care who are established as blind or disabled as defined by
16 the Social Security Act, thereby enabling them to remain in
17 their own homes or other living arrangements. Such preventive
18 services may include, but are not limited to, any or all of
19 the following:
20 (1) home health services;
21 (2) home nursing services;
22 (3) homemaker services;
23 (4) chore and housekeeping services;
24 (5) day care services;
25 (6) home-delivered meals;
26 (7) education in self-care;
27 (8) personal care services;
28 (9) adult day health services;
29 (10) habilitation services;
30 (11) respite care; or
31 (12) other nonmedical social services that may
32 enable the person to become self-supporting.
33 The Department shall establish eligibility standards for
34 such services taking into consideration the unique economic
-16- LRB9002430PTcw
1 and social needs of the population for whom they are to be
2 provided. Such eligibility standards may be based on the
3 recipient's ability to pay for services; provided, however,
4 that any portion of a person's income that is equal to or
5 less than the "protected income" level shall not be
6 considered by the Department in determining eligibility. The
7 "protected income" level shall be determined by the
8 Department, shall never be less than the federal poverty
9 standard, and shall be adjusted each year to reflect changes
10 in the Consumer Price Index For All Urban Consumers as
11 determined by the United States Department of Labor.
12 Additionally, in determining the amount and nature of
13 services for which a person may qualify, consideration shall
14 not be given to the value of cash, property or other assets
15 held in the name of the person's spouse pursuant to a written
16 agreement dividing marital property into equal but separate
17 shares or pursuant to a transfer of the person's interest in
18 a home to his spouse, provided that the spouse's share of the
19 marital property is not made available to the person seeking
20 such services.
21 The services shall be provided to eligible persons to
22 prevent unnecessary or premature institutionalization, to the
23 extent that the cost of the services, together with the other
24 personal maintenance expenses of the persons, are reasonably
25 related to the standards established for care in a group
26 facility appropriate to their condition. These
27 non-institutional services, pilot projects or experimental
28 facilities may be provided as part of or in addition to those
29 authorized by federal law or those funded and administered by
30 the Illinois Department on Aging.
31 Personal care attendants shall be paid a $5 per hour
32 minimum rate beginning July 1, 1995. Personal care attendants
33 shall receive an automatic cost of living allowance of at
34 least 3% but no more than 5% beginning July 1, 1997, and each
-17- LRB9002430PTcw
1 July 1 thereafter, based on the Consumer Price Index for All
2 Urban Consumers as determined by the United States Department
3 of Labor.
4 The Department shall execute, relative to the nursing
5 home prescreening project, as authorized by Section 4.03 of
6 the Illinois Act on the Aging, written inter-agency
7 agreements with the Department on Aging and the Department of
8 Public Aid, to effect the following: (i) intake procedures
9 and common eligibility criteria for those persons who are
10 receiving non-institutional services; and (ii) the
11 establishment and development of non-institutional services
12 in areas of the State where they are not currently available
13 or are undeveloped. On and after July 1, 1996, all nursing
14 home prescreenings for individuals 18 through 59 years of age
15 shall be conducted by the Department.
16 The Department is authorized to establish a system of
17 recipient cost-sharing for services provided under this
18 Section. The cost-sharing shall be based upon the
19 recipient's ability to pay for services, but in no case shall
20 the recipient's share exceed the actual cost of the services
21 provided. Protected income shall not be considered by the
22 Department in its determination of the recipient's ability to
23 pay a share of the cost of services. The level of
24 cost-sharing shall be adjusted each year to reflect changes
25 in the "protected income" level. The Department shall deduct
26 from the recipient's share of the cost of services any money
27 expended by the recipient for disability-related expenses.
28 The Department, or the Department's authorized
29 representative, shall recover the amount of moneys expended
30 for services provided to or in behalf of a person under this
31 Section by a claim against the person's estate or against the
32 estate of the person's surviving spouse, but no recovery may
33 be had until after the death of the surviving spouse, if any,
34 and then only at such time when there is no surviving child
-18- LRB9002430PTcw
1 who is under age 21, blind, or permanently and totally
2 disabled. This paragraph, however, shall not bar recovery,
3 at the death of the person, of moneys for services provided
4 to the person or in behalf of the person under this Section
5 to which the person was not entitled; provided that such
6 recovery shall not be enforced against any real estate while
7 it is occupied as a homestead by the surviving spouse or
8 other dependent, if no claims by other creditors have been
9 filed against the estate, or, if such claims have been filed,
10 they remain dormant for failure of prosecution or failure of
11 the claimant to compel administration of the estate for the
12 purpose of payment. This paragraph shall not bar recovery
13 from the estate of a spouse, under Sections 1915 and 1924 of
14 the Social Security Act and Section 5-4 of the Illinois
15 Public Aid Code, who precedes a person receiving services
16 under this Section in death. All moneys for services paid to
17 or in behalf of the person under this Section shall be
18 claimed for recovery from the deceased spouse's estate.
19 "Homestead", as used in this paragraph, means the dwelling
20 house and contiguous real estate occupied by a surviving
21 spouse or relative, as defined by the rules and regulations
22 of the Illinois Department of Public Aid, regardless of the
23 value of the property.
24 The Department and the Department on Aging shall
25 cooperate in the development and submission of an annual
26 report on programs and services provided under this Section.
27 Such joint report shall be filed with the Governor and the
28 General Assembly on or before September 30 each year.
29 The requirement for reporting to the General Assembly
30 shall be satisfied by filing copies of the report with the
31 Speaker, the Minority Leader and the Clerk of the House of
32 Representatives and the President, the Minority Leader and
33 the Secretary of the Senate and the Legislative Research
34 Unit, as required by Section 3.1 of the General Assembly
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1 Organization Act, and filing additional copies with the State
2 Government Report Distribution Center for the General
3 Assembly as required under paragraph (t) of Section 7 of the
4 State Library Act.
5 (g) To establish such subdivisions of the Department as
6 shall be desirable and assign to the various subdivisions the
7 responsibilities and duties placed upon the Department by
8 law.
9 (h) To cooperate and enter into any necessary agreements
10 with the Department of Employment Security for the provision
11 of job placement and job referral services to clients of the
12 Department, including job service registration of such
13 clients with Illinois Employment Security offices and making
14 job listings maintained by the Department of Employment
15 Security available to such 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 by
19 law.
20 (j) To establish a procedure whereby new providers of
21 personal care attendant services shall submit vouchers to the
22 State for payment two times during their first month of
23 employment and one time per month thereafter. In no case
24 shall the Department pay personal care attendants an hourly
25 wage that is less than the federal minimum wage.
26 (k) To provide adequate notice to providers of chore and
27 housekeeping services informing them that they are entitled
28 to an interest payment on bills which are not promptly paid
29 pursuant to Section 3 of the State Prompt Payment Act.
30 (l) To establish, operate and maintain a Statewide
31 Housing Clearinghouse of information on available, government
32 subsidized housing accessible to disabled persons and
33 available privately owned housing accessible to disabled
34 persons. The information shall include but not be limited to
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1 the location, rental requirements, access features and
2 proximity to public transportation of available housing. The
3 Clearinghouse shall consist of at least a computerized
4 database for the storage and retrieval of information and a
5 separate or shared toll free telephone number for use by
6 those seeking information from the Clearinghouse. Department
7 offices and personnel throughout the State shall also assist
8 in the operation of the Statewide Housing Clearinghouse.
9 Cooperation with local, State and federal housing managers
10 shall be sought and extended in order to frequently and
11 promptly update the Clearinghouse's information.
12 (Source: P.A. 88-172; 88-500; 88-670, eff. 12-2-94; 89-21,
13 eff. 7-1-95; 89-352, eff. 8-17-95; 89-626, eff. 8-9-96.)
14 Section 95. No acceleration or delay. Where this Act
15 makes changes in a statute that is represented in this Act by
16 text that is not yet or no longer in effect (for example, a
17 Section represented by multiple versions), the use of that
18 text does not accelerate or delay the taking effect of (i)
19 the changes made by this Act or (ii) provisions derived from
20 any other Public Act.
21 Section 99. Effective date. This Act takes effect on
22 July 1, 1997.