HB3516eng 101ST GENERAL ASSEMBLY

  
  
  
 

 
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1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 5. The Rehabilitation of Persons with Disabilities 
5Act is 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 
8powers 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    Innovation and Opportunity Act,
and of the federal Social 
13    Security Act to the extent and in the manner
provided in 
14    these Acts.

15        (b) To prescribe and supervise such courses of 
16    vocational training
and provide such other services as may 
17    be necessary for the habilitation
and rehabilitation of 
18    persons with one or more disabilities, including the

19    administrative activities under subsection (e) of this 
20    Section, and to
co-operate with State and local school 
21    authorities and other recognized
agencies engaged in 
22    habilitation, rehabilitation and comprehensive

23    rehabilitation services; and to cooperate with the 
 
 
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1    Department of Children
and Family Services regarding the 
2    care and education of children with one
or more 
3    disabilities.

4        (c) (Blank).

5        (d) To report in writing, to the Governor, annually on 
6    or before the
first day of December, and at such other 
7    times and in such manner and
upon such subjects as the 
8    Governor may require.  The annual report shall
contain (1) a 
9    statement of the existing condition of comprehensive

10    rehabilitation services, habilitation and rehabilitation 
11    in the State;
(2) a statement of suggestions and 
12    recommendations with reference to the
development of 
13    comprehensive rehabilitation services, habilitation and

14    rehabilitation in the State; and (3) an itemized statement 
15    of the
amounts of money received from federal, State and 
16    other sources, and of
the objects and purposes to which the 
17    respective items of these several
amounts have been 
18    devoted.

19        (e) (Blank).

20        (f) To establish a program of services to prevent the 
21    unnecessary
institutionalization of persons in need of 
22    long term care and who meet the criteria for blindness or 
23    disability as defined by the Social Security Act, thereby 
24    enabling them to
remain in their own homes. Such preventive

25    services include any or all of the following:

26            (1) personal assistant services;

 
 
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1            (2) homemaker services;

2            (3) home-delivered meals;

3            (4) adult day care services;

4            (5) respite care;

5            (6) home modification or assistive equipment;

6            (7) home health services;

7            (8) electronic home response;

8            (9) brain injury behavioral/cognitive services;

9            (10) brain injury habilitation;

10            (11) brain injury pre-vocational services; or

11            (12) brain injury supported employment.

12        The Department shall establish eligibility
standards 
13    for such services taking into consideration the unique

14    economic and social needs of the population for whom they 
15    are to
be provided.  Such eligibility standards may be based 
16    on the recipient's
ability to pay for services; provided, 
17    however, that any portion of a
person's income that is 
18    equal to or less than the "protected income" level
shall 
19    not be considered by the Department in determining 
20    eligibility.  The
"protected income" level shall be 
21    determined by the Department, shall never be
less than the 
22    federal poverty standard, and shall be adjusted each year 
23    to
reflect changes in the Consumer Price Index For All 
24    Urban Consumers as
determined by the United States 
25    Department of Labor.  The standards must
provide that a 
26    person may not have more than $10,000 in assets to be 
 
 
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1    eligible for the services, and the Department may increase 
2    or decrease the asset limitation by rule. The Department 
3    may not decrease the asset level below $10,000.

4        The services shall be provided, as established by the

5    Department by rule, to eligible persons
to prevent 
6    unnecessary or premature institutionalization, to
the 
7    extent that the cost of the services, together with the

8    other personal maintenance expenses of the persons, are 
9    reasonably
related to the standards established for care in 
10    a group facility
appropriate to their condition.  
11    Notwithstanding this paragraph, medical services shall be 
12    provided, including, but not limited to, nursing staff 
13    services for basic medical care. These non-institutional

14    services, pilot projects or experimental facilities may be 
15    provided as part of
or in addition to those authorized by 
16    federal law or those funded and
administered by the 
17    Illinois Department on Aging. The Department shall set 
18    rates and fees for services in a fair and equitable manner.  
19    Services identical to those offered by the Department on 
20    Aging shall be paid at the same rate. 

21        Except as otherwise provided in this paragraph, 
22    personal assistants shall be paid at a rate negotiated

23    between the State and an exclusive representative of 
24    personal
assistants under a collective bargaining 
25    agreement. In no case
shall the Department pay personal 
26    assistants an hourly wage
that is less than the federal 
 
 
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1    minimum wage. Within 30 days after July 6, 2017 (the 
2    effective date of Public Act 100-23), the hourly wage paid 
3    to personal assistants and individual maintenance home 
4    health workers shall be increased by $0.48 per hour. 




5        Solely for the purposes of coverage under the Illinois 
6    Public Labor
Relations
Act, personal assistants providing

7    services under
the Department's Home Services Program 
8    shall be considered to be public
employees
and the State of 
9    Illinois shall be considered to be their employer as of 
10    July 16, 2003 (the
effective date of Public Act 93-204), 
11    but not before. Solely for the purposes of coverage under 
12    the Illinois Public Labor Relations Act, home care and home 
13    health workers who function as personal assistants and 
14    individual maintenance home health workers and who also 
15    provide services under the Department's Home Services 
16    Program shall be considered to be public employees, no 
17    matter whether the State provides such services through 
18    direct fee-for-service arrangements, with the assistance 
19    of a managed care organization or other intermediary, or 
20    otherwise, and the State of Illinois shall be considered to 
21    be the employer of those persons as of January 29, 2013 
22    (the effective date of Public Act 97-1158), but not before 
23    except as otherwise provided under this subsection (f). The 
24    State
shall
engage in collective bargaining with an 
25    exclusive representative of home care and home health 
26    workers who function as personal assistants and individual 
 
 
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1    maintenance home health workers working under the Home 
2    Services Program
concerning
their terms and conditions of 
3    employment that are within the State's control.
Nothing in

4    this paragraph shall be understood to limit the right of 
5    the persons receiving
services
defined in this Section to 
6    hire and fire
home care and home health workers who 
7    function as personal assistants
and individual maintenance 
8    home health workers working under the Home Services Program 
9    or to supervise them within the limitations set by the Home 
10    Services Program. The
State
shall not be considered to be 
11    the employer of
home care and home health workers who 
12    function as personal
assistants and individual maintenance 
13    home health workers working under the Home Services Program 
14    for any purposes not specifically provided in Public Act 
15    93-204 or Public Act 97-1158, including but not limited to, 
16    purposes of vicarious liability
in tort and
purposes of 
17    statutory retirement or health insurance benefits. Home 
18    care and home health workers who function as personal 
19    assistants and individual maintenance home health workers 
20    and who also provide services under the Department's Home 
21    Services Program shall not be covered by the State 
22    Employees Group
Insurance Act
of 1971.

23        The Department shall execute, relative to nursing home 
24    prescreening, as authorized by Section 4.03 of the Illinois 
25    Act on the Aging,
written inter-agency agreements with the 
26    Department on Aging and
the Department of Healthcare and 
 
 
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1    Family Services, to effect the intake procedures
and 
2    eligibility criteria for those persons who may need long 
3    term care.  On and after July 1, 1996, all nursing
home 
4    prescreenings for individuals 18 through 59 years of age 
5    shall be
conducted by the Department, or a designee of the

6    Department.

7        The Department is authorized to establish a system of 
8    recipient cost-sharing
for services provided under this 
9    Section.  The cost-sharing shall be based upon
the 
10    recipient's ability to pay for services, but in no case 
11    shall the
recipient's share exceed the actual cost of the 
12    services provided.  Protected
income shall not be 
13    considered by the Department in its determination of the

14    recipient's ability to pay a share of the cost of services.  
15    The level of
cost-sharing shall be adjusted each year to 
16    reflect changes in the "protected
income" level.  The 
17    Department shall deduct from the recipient's share of the

18    cost of services any money expended by the recipient for 
19    disability-related
expenses.

20        To the extent permitted under the federal Social 
21    Security Act, the Department, or the Department's 
22    authorized representative, may recover
the amount of 
23    moneys expended for services provided to or in behalf of a 
24    person
under this Section by a claim against the person's 
25    estate or against the estate
of the person's surviving 
26    spouse, but no recovery may be had until after the
death of 
 
 
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1    the surviving spouse, if any, and then only at such time 
2    when there is
no surviving child who is under age 21 or 
3    blind or who has a permanent and total disability.  This 
4    paragraph, however, shall not bar recovery, at the death of 
5    the
person, of moneys for services provided to the person 
6    or in behalf of the
person under this Section to which the 
7    person was not entitled; provided that
such recovery shall 
8    not be enforced against any real estate while
it is 
9    occupied as a homestead by the surviving spouse or other 
10    dependent, if no
claims by other creditors have been filed 
11    against the estate, or, if such
claims have been filed, 
12    they remain dormant for failure of prosecution or
failure 
13    of the claimant to compel administration of the estate for 
14    the purpose
of payment.  This paragraph shall not bar 
15    recovery from the estate of a spouse,
under Sections 1915 
16    and 1924 of the Social Security Act and Section 5-4 of the

17    Illinois Public Aid Code, who precedes a person receiving 
18    services under this
Section in death.  All moneys for 
19    services
paid to or in behalf of the person under this 
20    Section shall be claimed for
recovery from the deceased 
21    spouse's estate.  "Homestead", as used in this
paragraph, 
22    means the dwelling house and
contiguous real estate 
23    occupied by a surviving spouse or relative, as defined
by 
24    the rules and regulations of the Department of Healthcare 
25    and Family Services,
regardless of the value of the 
26    property.

 
 
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1        The Department shall submit an annual report on 
2    programs and
services provided under this Section. The 
3    report shall be filed
with the Governor and the General 
4    Assembly on or before March
30
each year.

5        The requirement for reporting to the General Assembly 
6    shall be satisfied
by filing copies of the report
as 
7    required by Section 3.1 of the General Assembly 
8    Organization Act, and filing
additional copies with the 
9    State
Government Report Distribution Center for the 
10    General Assembly as
required under paragraph (t) of Section 
11    7 of the State Library Act.

12        (g) To establish such subdivisions of the Department
as 
13    shall be desirable and assign to the various subdivisions 
14    the
responsibilities and duties placed upon the Department 
15    by law.

16        (h) To cooperate and enter into any necessary 
17    agreements with the
Department of Employment Security for 
18    the provision of job placement and
job referral services to 
19    clients of the Department, including job
service 
20    registration of such clients with Illinois Employment 
21    Security
offices and making job listings maintained by the 
22    Department of Employment
Security available to such 
23    clients.

24        (i) To possess all powers reasonable and necessary for

25    the exercise and administration of the powers, duties and

26    responsibilities of the Department which are provided for 
 
 
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1    by law.

2        (j) (Blank).

3        (k) (Blank).

4        (l) To establish, operate, and maintain a Statewide 
5    Housing Clearinghouse
of information on available 
6    government subsidized housing accessible to
persons with 
7    disabilities and available privately owned housing 
8    accessible to
persons with disabilities.  The information 
9    shall include, but not be limited to, the
location, rental 
10    requirements, access features and proximity to public

11    transportation of available housing.  The Clearinghouse 
12    shall consist
of at least a computerized database for the 
13    storage and retrieval of
information and a separate or 
14    shared toll free telephone number for use by
those seeking 
15    information from the Clearinghouse.  Department offices and

16    personnel throughout the State shall also assist in the 
17    operation of the
Statewide Housing Clearinghouse.  
18    Cooperation with local, State, and federal
housing 
19    managers shall be sought and extended in order to 
20    frequently and
promptly update the Clearinghouse's 
21    information.

22        (m) To assure that the names and case records of 
23    persons who received or
are
receiving services from the 
24    Department, including persons receiving vocational

25    rehabilitation, home services, or other services, and 
26    those attending one of
the Department's schools or other 
 
 
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1    supervised facility shall be confidential and
not be open 
2    to the general public.  Those case records and reports or 
3    the
information contained in those records and reports 
4    shall be disclosed by the
Director only to proper law 
5    enforcement officials, individuals authorized by a
court, 
6    the General Assembly or any committee or commission of the 
7    General
Assembly, and other persons and for reasons as the 
8    Director designates by rule.
 Disclosure by the Director may 
9    be only in accordance with other applicable
law.

10(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17; 
11100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff. 
128-14-18; 100-1148, eff. 12-10-18.)