State of Illinois
90th General Assembly
Legislation

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90_HB2543

      20 ILCS 105/4.02          from Ch. 23, par. 6104.02
          Amends the Illinois Act on the Aging.  Requires a  person
      that   provides   certain  services  to  prevent  unnecessary
      institutionalization to report or cause a report to  be  made
      to the Department of Public Health if the person has cause to
      believe an individual has been subjected to abuse or neglect.
      Provides  that  a  person  who fails to comply is guilty of a
      Class A misdemeanor.
                                                     LRB9008359NTsb
                                               LRB9008359NTsb
 1        AN ACT to amend the Illinois Act on the Aging by changing
 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        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, thereby enabling them to remain in their own homes or in
14    other  living  arrangements.  Such preventive services, which
15    may be coordinated with  other  programs  for  the  aged  and
16    monitored  by  area agencies on aging in cooperation with the
17    Department, may include, but are not limited to, any  or  all
18    of the following:
19        (a)  home health services;
20        (b)  home nursing services;
21        (c)  homemaker services;
22        (d)  chore and housekeeping services;
23        (e)  day care services;
24        (f)  home-delivered meals;
25        (g)  education in self-care;
26        (h)  personal care services;
27        (i)  adult day health services;
28        (j)  habilitation services;
29        (k)  respite care; or
30        (l)  other nonmedical social services that may enable the
31    person to become self-supporting.
                            -2-                LRB9008359NTsb
 1        The  Department shall establish eligibility standards for
 2    such services taking into consideration the  unique  economic
 3    and  social  needs of the target population for whom they are
 4    to be provided. Such eligibility standards shall be based  on
 5    the  recipient's  ability  to  pay  for  services;  provided,
 6    however,  that  in  determining  the  amount  and  nature  of
 7    services  for which a person may qualify, consideration shall
 8    not be given to the value of cash, property or  other  assets
 9    held in the name of the person's spouse pursuant to a written
10    agreement  dividing  marital property into equal but separate
11    shares or pursuant to a transfer of the person's interest  in
12    a home to his spouse, provided that the spouse's share of the
13    marital  property is not made available to the person seeking
14    such services. The Department shall, in conjunction with  the
15    Department  of  Public Aid, seek appropriate amendments under
16    Sections 1915 and 1924  of  the  Social  Security  Act.   The
17    purpose  of the amendments shall be to extend eligibility for
18    home and community based services  under  Sections  1915  and
19    1924 of the Social Security Act to persons who transfer to or
20    for  the  benefit  of  a  spouse  those amounts of income and
21    resources allowed under Section 1924 of the  Social  Security
22    Act.   Subject  to  the  approval  of  such  amendments,  the
23    Department  shall extend the provisions of Section 5-4 of the
24    Illinois  Public  Aid  Code  to  persons  who,  but  for  the
25    provision of home or community-based services, would  require
26    the  level of care provided in an institution, as is provided
27    for in federal law. Those  persons  no  longer  found  to  be
28    eligible  for  receiving  noninstitutional  services  due  to
29    changes  in  the  eligibility criteria shall be given 60 days
30    notice prior to actual termination. Those  persons  receiving
31    notice  of termination may contact the Department and request
32    the determination be appealed at any time during the  60  day
33    notice  period.  With  the exception of the lengthened notice
34    and time frame for the appeal  request,  the  appeal  process
                            -3-                LRB9008359NTsb
 1    shall  follow  the normal procedure. In addition, each person
 2    affected regardless of  the  circumstances  for  discontinued
 3    eligibility  shall  be  given  notice  and the opportunity to
 4    purchase the necessary services through  the  Community  Care
 5    Program.   If  the  individual  does  not  elect  to purchase
 6    services, the  Department  shall  advise  the  individual  of
 7    alternative  services.  The  target population identified for
 8    the purposes of this Section are persons  age  60  and  older
 9    with  an identified service need.  Priority shall be given to
10    those who are at imminent risk of institutionalization.   The
11    services  shall  be  provided  to eligible persons age 60 and
12    older to the extent that the cost of  the  services  together
13    with  the  other personal maintenance expenses of the persons
14    are reasonably related to the standards established for  care
15    in  a  group  facility appropriate to the person's condition.
16    These   non-institutional   services,   pilot   projects   or
17    experimental facilities may be provided  as  part  of  or  in
18    addition  to  those authorized by federal law or those funded
19    and administered by the Department of  Human  Services.   The
20    Departments  of  Human  Services,  Public Aid, Public Health,
21    Veterans' Affairs, and Commerce  and  Community  Affairs  and
22    other  appropriate  agencies  of  State,  federal  and  local
23    governments  shall  cooperate with the Department on Aging in
24    the establishment and development  of  the  non-institutional
25    services.   The Department shall require an annual audit from
26    all chore/housekeeping and homemaker vendors contracting with
27    the Department under this Section.  The  annual  audit  shall
28    assure   that   each   audited  vendor's  procedures  are  in
29    compliance with Department's financial  reporting  guidelines
30    requiring  a 27% administrative cost split and a 73% employee
31    wages and benefits cost split.  The audit is a public  record
32    under  the  Freedom of Information Act.  The Department shall
33    execute, relative to the nursing home  prescreening  project,
34    written  inter-agency agreements with the Department of Human
                            -4-                LRB9008359NTsb
 1    Services and the Department of  Public  Aid,  to  effect  the
 2    following:   (1)  intake  procedures  and  common eligibility
 3    criteria   for    those    persons    who    are    receiving
 4    non-institutional  services;  and  (2)  the establishment and
 5    development of non-institutional services  in  areas  of  the
 6    State   where   they  are  not  currently  available  or  are
 7    undeveloped. On and after July  1,  1996,  all  nursing  home
 8    prescreenings  for individuals 60 years of age or older shall
 9    be conducted by the Department.
10        The Department is authorized to  establish  a  system  of
11    recipient copayment for services provided under this Section,
12    such  copayment  to  be based upon the recipient's ability to
13    pay but in no case to exceed the actual cost of the  services
14    provided.  Additionally,  any  portion  of  a person's income
15    which is equal to or less than the federal  poverty  standard
16    shall  not be considered by the Department in determining the
17    copayment. The level of  such  copayment  shall  be  adjusted
18    whenever  necessary  to  reflect any change in the officially
19    designated federal poverty standard.
20        The   Department,   or   the   Department's    authorized
21    representative,  shall  recover the amount of moneys expended
22    for services provided to or in behalf of a person under  this
23    Section by a claim against the person's estate or against the
24    estate  of the person's surviving spouse, but no recovery may
25    be had until after the death of the surviving spouse, if any,
26    and then only at such time when there is no  surviving  child
27    who  is  under  age  21,  blind,  or  permanently and totally
28    disabled.  This paragraph, however, shall not  bar  recovery,
29    at  the  death of the person, of moneys for services provided
30    to the person or in behalf of the person under  this  Section
31    to  which  the  person  was  not entitled; provided that such
32    recovery shall not be enforced against any real estate  while
33    it  is  occupied  as  a  homestead by the surviving spouse or
34    other dependent, if no claims by other  creditors  have  been
                            -5-                LRB9008359NTsb
 1    filed against the estate, or, if such claims have been filed,
 2    they  remain dormant for failure of prosecution or failure of
 3    the claimant to compel administration of the estate  for  the
 4    purpose  of  payment.   This paragraph shall not bar recovery
 5    from the estate of a spouse, under Sections 1915 and 1924  of
 6    the  Social  Security  Act  and  Section  5-4 of the Illinois
 7    Public Aid Code, who precedes  a  person  receiving  services
 8    under this Section in death.  All moneys for services paid to
 9    or  in  behalf  of  the  person  under  this Section shall be
10    claimed for  recovery  from  the  deceased  spouse's  estate.
11    "Homestead",  as  used  in this paragraph, means the dwelling
12    house and contiguous real  estate  occupied  by  a  surviving
13    spouse  or  relative, as defined by the rules and regulations
14    of the Illinois Department of Public Aid, regardless  of  the
15    value of the property.
16        The   Department  shall  develop  procedures  to  enhance
17    availability of services on evenings,  weekends,  and  on  an
18    emergency  basis  to  meet  the  respite needs of caregivers.
19    Procedures shall be developed to permit  the  utilization  of
20    services  in  successive blocks of 24 hours up to the monthly
21    maximum established by the  Department.    Workers  providing
22    these services shall be appropriately trained.
23        The   Department  shall  work  in  conjunction  with  the
24    Alzheimer's  Task  Force  and  members  of  the   Alzheimer's
25    Association  and  other  senior  citizens'  organizations  in
26    developing these procedures by December 30, 1991.
27        Beginning on the effective date of this Amendatory Act of
28    1991,  no person may perform chore/housekeeping and homemaker
29    services under a program authorized by  this  Section  unless
30    that  person  has been issued a certificate of pre-service to
31    do so by his or her employing agency.   Information  gathered
32    to  effect  such certification shall include (i) the person's
33    name, (ii) the date the  person  was  hired  by  his  or  her
34    current employer, and (iii) the training, including dates and
                            -6-                LRB9008359NTsb
 1    levels.   Persons  engaged  in the program authorized by this
 2    Section before the effective date of this amendatory  Act  of
 3    1991 shall be issued a certificate of all pre- and in-service
 4    training  from  his  or  her  employer  upon  submitting  the
 5    necessary   information.    The  employing  agency  shall  be
 6    required to retain records of all staff pre-  and  in-service
 7    training,  and  shall  provide such records to the Department
 8    upon request and upon termination of the employer's  contract
 9    with  the  Department.   In addition, the employing agency is
10    responsible for the issuance of certifications of  in-service
11    training completed to their employees.
12        The  Department is required to develop a system to ensure
13    that persons working as  homemakers  and  chore  housekeepers
14    receive  increases  in  their  wages when the federal minimum
15    wage is increased by requiring vendors to certify  that  they
16    are  meeting  the federal minimum wage statute for homemakers
17    and chore housekeepers.  An employer that cannot ensure  that
18    the  minimum  wage  increase is being given to homemakers and
19    chore  housekeepers  shall  be   denied   any   increase   in
20    reimbursement costs.
21        The  Department  on  Aging  and  the  Department of Human
22    Services shall cooperate in the development and submission of
23    an annual report on programs and services provided under this
24    Section.  Such joint report shall be filed with the  Governor
25    and the General Assembly on or before September 30 each year.
26        The  requirement  for  reporting  to the General Assembly
27    shall be satisfied by filing copies of the  report  with  the
28    Speaker,  the  Minority  Leader and the Clerk of the House of
29    Representatives and the President, the  Minority  Leader  and
30    the  Secretary  of  the  Senate  and the Legislative Research
31    Unit, as required by Section  3.1  of  the  General  Assembly
32    Organization  Act  and filing such additional copies with the
33    State Government Report Distribution Center for  the  General
34    Assembly  as  is required under paragraph (t) of Section 7 of
                            -7-                LRB9008359NTsb
 1    the State Library Act.
 2        Those persons previously  found  eligible  for  receiving
 3    non-institutional  services  whose services were discontinued
 4    under the Emergency Budget Act of Fiscal Year 1992,  and  who
 5    do  not  meet the eligibility standards in effect on or after
 6    July 1, 1992, shall remain ineligible on and  after  July  1,
 7    1992.   Those  persons  previously not required to cost-share
 8    and who were required to cost-share effective March 1,  1992,
 9    shall  continue  to meet cost-share requirements on and after
10    July 1, 1992.  Beginning July 1, 1992, all  clients  will  be
11    required   to   meet   eligibility,   cost-share,  and  other
12    requirements and will have services discontinued  or  altered
13    when they fail to meet these requirements.
14        Any  person  that  provides any of these services, having
15    reasonable cause to believe an individual with whom he or she
16    has direct contact while providing any of these services  has
17    been  subjected to abuse or neglect, shall immediately report
18    or cause a report to be made  to  the  Department  of  Public
19    Health.   This  paragraph also applies to an individual whose
20    death occurs from suspected abuse  or  neglect  before  being
21    found  or  brought  to a hospital.  A person required to make
22    reports or cause reports to be made under this paragraph  who
23    fails  to  comply  with the requirements of this paragraph is
24    guilty of a Class A misdemeanor.
25    (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)

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