State of Illinois
92nd General Assembly

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[ House Amendment 001 ]



 1        AN ACT concerning personal care attendants.

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

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

 6        (20 ILCS 2405/3) (from Ch. 23, par. 3434)
 7        Sec. 3.  Powers and duties. The Department shall have the
 8    powers and duties enumerated herein:
 9        (a)  To  co-operate  with  the  federal government in the
10    administration   of   the   provisions   of    the    federal
11    Rehabilitation  Act  of  1973,  as  amended, of the Workforce
12    Investment Act of 1998, and of the  federal  Social  Security
13    Act to the extent and in the manner provided in these Acts.
14        (b)  To   prescribe   and   supervise   such  courses  of
15    vocational training and provide such other services as may be
16    necessary for the habilitation and rehabilitation of  persons
17    with  one  or more disabilities, including the administrative
18    activities under subsection  (e)  of  this  Section,  and  to
19    co-operate  with State and local school authorities and other
20    recognized agencies engaged in  habilitation,  rehabilitation
21    and  comprehensive  rehabilitation services; and to cooperate
22    with the Department of Children and Family Services regarding
23    the  care  and  education  of  children  with  one  or   more
24    disabilities.
25        (c)  To  make  such  reports and submit such plans to the
26    federal government as are required by the provisions  of  the
27    federal  Rehabilitation  Act  of 1973, as amended, and by the
28    rules and regulations  of  the  federal  agency  or  agencies
29    administering  the  federal  Rehabilitation  Act  of 1973, as
30    amended, the  Workforce  Investment  Act  of  1998,  and  the
31    federal Social Security Act.
                            -2-                LRB9206590JMcs
 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-                LRB9206590JMcs
 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-                LRB9206590JMcs
 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             (iv)  A $6 per hour minimum rate beginning  July  1,
18        2000.
19             (v)  A $7 per hour minimum rate beginning January 1,
20        2002.
21        The  Department  shall  execute,  relative to the nursing
22    home prescreening project, as authorized by Section  4.03  of
23    the   Illinois   Act   on  the  Aging,  written  inter-agency
24    agreements with the Department on Aging and the Department of
25    Public Aid, to effect the following:  (i)  intake  procedures
26    and  common  eligibility  criteria  for those persons who are
27    receiving   non-institutional   services;   and   (ii)    the
28    establishment  and  development of non-institutional services
29    in areas of the State where they are not currently  available
30    or  are  undeveloped.  On and after July 1, 1996, all nursing
31    home prescreenings for individuals 18 through 59 years of age
32    shall be conducted by the Department.
33        The Department is authorized to  establish  a  system  of
34    recipient  cost-sharing  for  services  provided  under  this
                            -5-                LRB9206590JMcs
 1    Section.    The   cost-sharing   shall   be  based  upon  the
 2    recipient's ability to pay for services, but in no case shall
 3    the recipient's share exceed the actual cost of the  services
 4    provided.   Protected  income  shall not be considered by the
 5    Department in its determination of the recipient's ability to
 6    pay  a  share  of  the  cost  of  services.   The  level   of
 7    cost-sharing  shall  be adjusted each year to reflect changes
 8    in the "protected income" level.  The Department shall deduct
 9    from the recipient's share of the cost of services any  money
10    expended by the recipient for disability-related expenses.
11        The    Department,   or   the   Department's   authorized
12    representative, shall recover the amount of  moneys  expended
13    for  services provided to or in behalf of a person under this
14    Section by a claim against the person's estate or against the
15    estate of the person's surviving spouse, but no recovery  may
16    be had until after the death of the surviving spouse, if any,
17    and  then  only at such time when there is no surviving child
18    who is under  age  21,  blind,  or  permanently  and  totally
19    disabled.   This  paragraph, however, shall not bar recovery,
20    at the death of the person, of moneys for  services  provided
21    to  the  person or in behalf of the person under this Section
22    to which the person was  not  entitled;  provided  that  such
23    recovery  shall not be enforced against any real estate while
24    it is occupied as a homestead  by  the  surviving  spouse  or
25    other  dependent,  if  no claims by other creditors have been
26    filed against the estate, or, if such claims have been filed,
27    they remain dormant for failure of prosecution or failure  of
28    the  claimant  to compel administration of the estate for the
29    purpose of payment.  This paragraph shall  not  bar  recovery
30    from  the estate of a spouse, under Sections 1915 and 1924 of
31    the Social Security Act  and  Section  5-4  of  the  Illinois
32    Public  Aid  Code,  who  precedes a person receiving services
33    under this Section in death.  All moneys for services paid to
34    or in behalf of  the  person  under  this  Section  shall  be
                            -6-                LRB9206590JMcs
 1    claimed  for  recovery  from  the  deceased  spouse's estate.
 2    "Homestead", as used in this paragraph,  means  the  dwelling
 3    house  and  contiguous  real  estate  occupied by a surviving
 4    spouse or relative, as defined by the rules  and  regulations
 5    of  the  Illinois Department of Public Aid, regardless of the
 6    value of the property.
 7        The  Department  and  the  Department  on   Aging   shall
 8    cooperate  in  the  development  and  submission of an annual
 9    report on programs and services provided under this  Section.
10    Such  joint  report  shall be filed with the Governor and the
11    General Assembly on or before March 30 each year.
12        The requirement for reporting  to  the  General  Assembly
13    shall  be  satisfied  by filing copies of the report with the
14    Speaker, the Minority Leader and the Clerk of  the  House  of
15    Representatives  and  the  President, the Minority Leader and
16    the Secretary of the  Senate  and  the  Legislative  Research
17    Unit,  as  required  by  Section  3.1 of the General Assembly
18    Organization Act, and filing additional copies with the State
19    Government  Report  Distribution  Center  for   the   General
20    Assembly  as required under paragraph (t) of Section 7 of the
21    State Library Act.
22        (g)  To establish such subdivisions of the Department  as
23    shall be desirable and assign to the various subdivisions the
24    responsibilities  and  duties  placed  upon the Department by
25    law.
26        (h)  To cooperate and enter into any necessary agreements
27    with the Department of Employment Security for the  provision
28    of  job placement and job referral services to clients of the
29    Department,  including  job  service  registration  of   such
30    clients  with Illinois Employment Security offices and making
31    job listings  maintained  by  the  Department  of  Employment
32    Security available to such clients.
33        (i)  To  possess  all powers reasonable and necessary for
34    the exercise and administration of  the  powers,  duties  and
                            -7-                LRB9206590JMcs
 1    responsibilities  of the Department which are provided for by
 2    law.
 3        (j)  To establish a procedure whereby  new  providers  of
 4    personal care attendant services shall submit vouchers to the
 5    State  for  payment  two  times  during  their first month of
 6    employment and one time per month  thereafter.   In  no  case
 7    shall  the  Department pay personal care attendants an hourly
 8    wage that is less than the federal minimum wage.
 9        (k)  To provide adequate notice to providers of chore and
10    housekeeping services informing them that they  are  entitled
11    to  an  interest payment on bills which are not promptly paid
12    pursuant to Section 3 of the State Prompt Payment Act.
13        (l)  To  establish,  operate  and  maintain  a  Statewide
14    Housing Clearinghouse of information on available, government
15    subsidized  housing  accessible  to  disabled   persons   and
16    available  privately  owned  housing  accessible  to disabled
17    persons.  The information shall include but not be limited to
18    the  location,  rental  requirements,  access  features   and
19    proximity to public transportation of available housing.  The
20    Clearinghouse  shall  consist  of  at  least  a  computerized
21    database  for  the storage and retrieval of information and a
22    separate or shared toll free  telephone  number  for  use  by
23    those seeking information from the Clearinghouse.  Department
24    offices  and personnel throughout the State shall also assist
25    in the operation  of  the  Statewide  Housing  Clearinghouse.
26    Cooperation  with  local,  State and federal housing managers
27    shall be sought and  extended  in  order  to  frequently  and
28    promptly update the Clearinghouse's information.
29    (Source: P.A.  90-365, eff. 8-10-97; 91-540, eff. 8-13-99.)

30        Section  99.  Effective date.  This Act takes effect July
31    1, 2001.

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