State of Illinois
91st General Assembly

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]



 1        AN  ACT  to amend the Disabled Persons Rehabilitation Act
 2    by changing Section 3.

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

 5        Section  5.   The  Disabled Persons Rehabilitation Act is
 6    amended by changing Section 3 as follows:

 7        (20 ILCS 2405/3) (from Ch. 23, par. 3434)
 8        Sec. 3.  Powers and duties. The Department shall have the
 9    powers and duties enumerated herein:
10        (a)  To co-operate with the  federal  government  in  the
11    administration    of    the   provisions   of   the   federal
12    Rehabilitation Act of 1973, as amended, and  of  the  federal
13    Social  Security Act to the extent and in the manner provided
14    in these Acts.
15        (b)  To  prescribe  and   supervise   such   courses   of
16    vocational training and provide such other services as may be
17    necessary  for the habilitation and rehabilitation of persons
18    with one or more disabilities, including  the  administrative
19    activities  under  subsection  (e)  of  this  Section, and to
20    co-operate with State and local school authorities and  other
21    recognized  agencies  engaged in habilitation, rehabilitation
22    and comprehensive rehabilitation services; and  to  cooperate
23    with the Department of Children and Family Services regarding
24    the   care  and  education  of  children  with  one  or  more
25    disabilities.
26        (c)  To make such reports and submit such  plans  to  the
27    federal  government  as are required by the provisions of the
28    federal Rehabilitation Act of 1973, as amended,  and  by  the
29    rules  and  regulations  of  the  federal  agency or agencies
30    administering the federal  Rehabilitation  Act  of  1973,  as
31    amended, and the federal Social Security Act.
                            -2-                LRB9101996MWpc
 1        (d)  To  report  in writing, to the Governor, annually on
 2    or before the first day of December, and at such other  times
 3    and in such manner and upon such subjects as the Governor may
 4    require.   The annual report shall contain (1) a statement of
 5    the  existing  condition  of   comprehensive   rehabilitation
 6    services, habilitation and rehabilitation in the State; (2) a
 7    statement  of  suggestions and recommendations with reference
 8    to the development of comprehensive rehabilitation  services,
 9    habilitation  and  rehabilitation  in  the  State; and (3) an
10    itemized statement of the  amounts  of  money  received  from
11    federal,  State  and  other  sources,  and of the objects and
12    purposes to which  the  respective  items  of  these  several
13    amounts have been devoted.
14        (e)  To  exercise,  pursuant  to  Section 13 of this Act,
15    executive   and   administrative   supervision    over    all
16    institutions,  divisions,  programs and services now existing
17    or hereafter acquired or created under  the  jurisdiction  of
18    the Department, including, but not limited to, the following:
19        The   Illinois   School  for  the  Visually  Impaired  at
20    Jacksonville, as provided under Section 10 of this Act,
21        The Illinois School for  the  Deaf  at  Jacksonville,  as
22    provided under Section 10 of this Act, and
23        The  Illinois Center for Rehabilitation and Education, as
24    provided under Section 11 of this Act.
25        (f)  To  establish  a  program  of  services  to  prevent
26    unnecessary institutionalization of persons with  Alzheimer's
27    disease and related disorders or persons in need of long term
28    care  who  are established as blind or disabled as defined by
29    the Social Security Act, thereby enabling them to  remain  in
30    their own homes or other living arrangements. Such preventive
31    services  may  include, but are not limited to, any or all of
32    the following:
33             (1)  home health services;
34             (2)  home nursing services;
                            -3-                LRB9101996MWpc
 1             (3)  homemaker services;
 2             (4)  chore and housekeeping services;
 3             (5)  day care services;
 4             (6)  home-delivered meals;
 5             (7)  education in self-care;
 6             (8)  personal care services;
 7             (9)  adult day health services;
 8             (10)  habilitation services;
 9             (11)  respite care; or
10             (12)  other  nonmedical  social  services  that  may
11        enable the person to become self-supporting.
12        The Department shall establish eligibility standards  for
13    such  services  taking into consideration the unique economic
14    and social needs of the population for whom they  are  to  be
15    provided.   Such  eligibility  standards  may be based on the
16    recipient's ability to pay for services;  provided,  however,
17    that  any  portion  of  a person's income that is equal to or
18    less  than  the  "protected  income"  level  shall   not   be
19    considered by the Department in determining eligibility.  The
20    "protected   income"   level   shall  be  determined  by  the
21    Department, shall never be  less  than  the  federal  poverty
22    standard,  and shall be adjusted each year to reflect changes
23    in the Consumer  Price  Index  For  All  Urban  Consumers  as
24    determined   by   the  United  States  Department  of  Labor.
25    Additionally,  in  determining  the  amount  and  nature   of
26    services  for which a person may qualify, consideration shall
27    not be given to the value of cash, property or  other  assets
28    held in the name of the person's spouse pursuant to a written
29    agreement  dividing  marital property into equal but separate
30    shares or pursuant to a transfer of the person's interest  in
31    a home to his spouse, provided that the spouse's share of the
32    marital  property is not made available to the person seeking
33    such services.
34        The services shall be provided  to  eligible  persons  to
                            -4-                LRB9101996MWpc
 1    prevent unnecessary or premature institutionalization, to the
 2    extent that the cost of the services, together with the other
 3    personal  maintenance expenses of the persons, are reasonably
 4    related to the standards established  for  care  in  a  group
 5    facility    appropriate    to    their    condition.    These
 6    non-institutional services, pilot  projects  or  experimental
 7    facilities may be provided as part of or in addition to those
 8    authorized by federal law or those funded and administered by
 9    the Illinois Department on Aging.
10        Personal care attendants shall be paid:
11             (i)  A  $5  per  hour minimum rate beginning July 1,
12        1995.
13             (ii)  A $5.30 per hour minimum rate  beginning  July
14        1, 1997.
15             (iii)  A  $5.40 per hour minimum rate beginning July
16        1, 1998.
17        Beginning on  July  1,  1999  and  in  each  fiscal  year
18    thereafter,  a  personal  care attendant shall receive a $.50
19    increase in his or her  hourly  wage  after  he  or  she  has
20    completed  1,000 hours of service during that fiscal year.  A
21    personal care  attendant  may  receive  a  raise  under  this
22    paragraph only once in each fiscal year.
23        The  Department  shall  execute,  relative to the nursing
24    home prescreening project, as authorized by Section  4.03  of
25    the   Illinois   Act   on  the  Aging,  written  inter-agency
26    agreements with the Department on Aging and the Department of
27    Public Aid, to effect the following:  (i)  intake  procedures
28    and  common  eligibility  criteria  for those persons who are
29    receiving   non-institutional   services;   and   (ii)    the
30    establishment  and  development of non-institutional services
31    in areas of the State where they are not currently  available
32    or  are  undeveloped.  On and after July 1, 1996, all nursing
33    home prescreenings for individuals 18 through 59 years of age
34    shall be conducted by the Department.
                            -5-                LRB9101996MWpc
 1        The Department is authorized to  establish  a  system  of
 2    recipient  cost-sharing  for  services  provided  under  this
 3    Section.    The   cost-sharing   shall   be  based  upon  the
 4    recipient's ability to pay for services, but in no case shall
 5    the recipient's share exceed the actual cost of the  services
 6    provided.   Protected  income  shall not be considered by the
 7    Department in its determination of the recipient's ability to
 8    pay  a  share  of  the  cost  of  services.   The  level   of
 9    cost-sharing  shall  be adjusted each year to reflect changes
10    in the "protected income" level.  The Department shall deduct
11    from the recipient's share of the cost of services any  money
12    expended by the recipient for disability-related expenses.
13        The    Department,   or   the   Department's   authorized
14    representative, shall recover the amount of  moneys  expended
15    for  services provided to or in behalf of a person under this
16    Section by a claim against the person's estate or against the
17    estate of the person's surviving spouse, but no recovery  may
18    be had until after the death of the surviving spouse, if any,
19    and  then  only at such time when there is no surviving child
20    who is under  age  21,  blind,  or  permanently  and  totally
21    disabled.   This  paragraph, however, shall not bar recovery,
22    at the death of the person, of moneys for  services  provided
23    to  the  person or in behalf of the person under this Section
24    to which the person was  not  entitled;  provided  that  such
25    recovery  shall not be enforced against any real estate while
26    it is occupied as a homestead  by  the  surviving  spouse  or
27    other  dependent,  if  no claims by other creditors have been
28    filed against the estate, or, if such claims have been filed,
29    they remain dormant for failure of prosecution or failure  of
30    the  claimant  to compel administration of the estate for the
31    purpose of payment.  This paragraph shall  not  bar  recovery
32    from  the estate of a spouse, under Sections 1915 and 1924 of
33    the Social Security Act  and  Section  5-4  of  the  Illinois
34    Public  Aid  Code,  who  precedes a person receiving services
                            -6-                LRB9101996MWpc
 1    under this Section in death.  All moneys for services paid to
 2    or in behalf of  the  person  under  this  Section  shall  be
 3    claimed  for  recovery  from  the  deceased  spouse's estate.
 4    "Homestead", as used in this paragraph,  means  the  dwelling
 5    house  and  contiguous  real  estate  occupied by a surviving
 6    spouse or relative, as defined by the rules  and  regulations
 7    of  the  Illinois Department of Public Aid, regardless of the
 8    value of the property.
 9        The  Department  and  the  Department  on   Aging   shall
10    cooperate  in  the  development  and  submission of an annual
11    report on programs and services provided under this  Section.
12    Such  joint  report  shall be filed with the Governor and the
13    General Assembly on or before September 30 each year.
14        The requirement for reporting  to  the  General  Assembly
15    shall  be  satisfied  by filing copies of the report with the
16    Speaker, the Minority Leader and the Clerk of  the  House  of
17    Representatives  and  the  President, the Minority Leader and
18    the Secretary of the  Senate  and  the  Legislative  Research
19    Unit,  as  required  by  Section  3.1 of the General Assembly
20    Organization Act, and filing additional copies with the State
21    Government  Report  Distribution  Center  for   the   General
22    Assembly  as required under paragraph (t) of Section 7 of the
23    State Library Act.
24        (g)  To establish such subdivisions of the Department  as
25    shall be desirable and assign to the various subdivisions the
26    responsibilities  and  duties  placed  upon the Department by
27    law.
28        (h)  To cooperate and enter into any necessary agreements
29    with the Department of Employment Security for the  provision
30    of  job placement and job referral services to clients of the
31    Department,  including  job  service  registration  of   such
32    clients  with Illinois Employment Security offices and making
33    job listings  maintained  by  the  Department  of  Employment
34    Security available to such clients.
                            -7-                LRB9101996MWpc
 1        (i)  To  possess  all powers reasonable and necessary for
 2    the exercise and administration of  the  powers,  duties  and
 3    responsibilities  of the Department which are provided for by
 4    law.
 5        (j)  To establish a procedure whereby  new  providers  of
 6    personal care attendant services shall submit vouchers to the
 7    State  for  payment  two  times  during  their first month of
 8    employment and one time per month  thereafter.   In  no  case
 9    shall  the  Department pay personal care attendants an hourly
10    wage that is less than the federal minimum wage.
11        (k)  To provide adequate notice to providers of chore and
12    housekeeping services informing them that they  are  entitled
13    to  an  interest payment on bills which are not promptly paid
14    pursuant to Section 3 of the State Prompt Payment Act.
15        (l)  To  establish,  operate  and  maintain  a  Statewide
16    Housing Clearinghouse of information on available, government
17    subsidized  housing  accessible  to  disabled   persons   and
18    available  privately  owned  housing  accessible  to disabled
19    persons.  The information shall include but not be limited to
20    the  location,  rental  requirements,  access  features   and
21    proximity to public transportation of available housing.  The
22    Clearinghouse  shall  consist  of  at  least  a  computerized
23    database  for  the storage and retrieval of information and a
24    separate or shared toll free  telephone  number  for  use  by
25    those seeking information from the Clearinghouse.  Department
26    offices  and personnel throughout the State shall also assist
27    in the operation  of  the  Statewide  Housing  Clearinghouse.
28    Cooperation  with  local,  State and federal housing managers
29    shall be sought and  extended  in  order  to  frequently  and
30    promptly update the Clearinghouse's information.
31    (Source:  P.A.  89-21,  eff.  7-1-95;  89-352,  eff. 8-17-95;
32    89-626, eff. 8-9-96; 90-365, eff. 8-10-97.)

33        Section 99.  Effective date.  This Act  takes  effect  on
                            -8-                LRB9101996MWpc
 1    July 1, 1999.

[ Top ]