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| [ Senate Amendment 001 ] |
90_SB1884ham002
LRB9011682WHmgam04
1 AMENDMENT TO SENATE BILL 1884
2 AMENDMENT NO. . Amend Senate Bill 1884 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend certain Acts in relation to disabled
5 persons."; and
6 by inserting after the enacting clause the following:
7 "Section 2. The Disabled Persons Rehabilitation Act is
8 amended by changing Section 3 as follows:
9 (20 ILCS 2405/3) (from Ch. 23, par. 3434)
10 Sec. 3. Powers and duties. The Department shall have the
11 powers and duties enumerated herein:
12 (a) To co-operate with the federal government in the
13 administration of the provisions of the federal
14 Rehabilitation Act of 1973, as amended, and of the federal
15 Social Security Act to the extent and in the manner provided
16 in these Acts.
17 (b) To prescribe and supervise such courses of
18 vocational training and provide such other services as may be
19 necessary for the habilitation and rehabilitation of persons
20 with one or more disabilities, including the administrative
21 activities under subsection (e) of this Section, and to
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1 co-operate with State and local school authorities and other
2 recognized agencies engaged in habilitation, rehabilitation
3 and comprehensive rehabilitation services; and to cooperate
4 with the Department of Children and Family Services regarding
5 the care and education of children with one or more
6 disabilities.
7 (c) To make such reports and submit such plans to the
8 federal government as are required by the provisions of the
9 federal Rehabilitation Act of 1973, as amended, and by the
10 rules and regulations of the federal agency or agencies
11 administering the federal Rehabilitation Act of 1973, as
12 amended, and the federal Social Security Act.
13 (d) To report in writing, to the Governor, annually on
14 or before the first day of December, and at such other times
15 and in such manner and upon such subjects as the Governor may
16 require. The annual report shall contain (1) a statement of
17 the existing condition of comprehensive rehabilitation
18 services, habilitation and rehabilitation in the State; (2) a
19 statement of suggestions and recommendations with reference
20 to the development of comprehensive rehabilitation services,
21 habilitation and rehabilitation in the State; and (3) an
22 itemized statement of the amounts of money received from
23 federal, State and other sources, and of the objects and
24 purposes to which the respective items of these several
25 amounts have been devoted.
26 (e) To exercise, pursuant to Section 13 of this Act,
27 executive and administrative supervision over all
28 institutions, divisions, programs and services now existing
29 or hereafter acquired or created under the jurisdiction of
30 the Department, including, but not limited to, the following:
31 The Illinois School for the Visually Impaired at
32 Jacksonville, as provided under Section 10 of this Act,
33 The Illinois School for the Deaf at Jacksonville, as
34 provided under Section 10 of this Act, and
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1 The Illinois Center for Rehabilitation and Education, as
2 provided under Section 11 of this Act.
3 (f) To establish a program of services to prevent
4 unnecessary institutionalization of persons with Alzheimer's
5 disease and related disorders or persons in need of long term
6 care who are established as blind or disabled as defined by
7 the Social Security Act, thereby enabling them to remain in
8 their own homes or other living arrangements. Such preventive
9 services may include, but are not limited to, any or all of
10 the following:
11 (1) home health services;
12 (2) home nursing services;
13 (3) homemaker services;
14 (4) chore and housekeeping services;
15 (5) day care services;
16 (6) home-delivered meals;
17 (7) education in self-care;
18 (8) personal care services;
19 (9) adult day health services;
20 (10) habilitation services;
21 (11) respite care; or
22 (12) other nonmedical social services that may
23 enable the person to become self-supporting.
24 The Department shall establish eligibility standards for
25 such services taking into consideration the unique economic
26 and social needs of the population for whom they are to be
27 provided. Such eligibility standards may be based on the
28 recipient's ability to pay for services; provided, however,
29 that any portion of a person's income that is equal to or
30 less than the "protected income" level shall not be
31 considered by the Department in determining eligibility. The
32 "protected income" level shall be determined by the
33 Department, shall never be less than the federal poverty
34 standard, and shall be adjusted each year to reflect changes
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1 in the Consumer Price Index For All Urban Consumers as
2 determined by the United States Department of Labor.
3 Additionally, in determining the amount and nature of
4 services for which a person may qualify, consideration shall
5 not be given to the value of cash, property or other assets
6 held in the name of the person's spouse pursuant to a written
7 agreement dividing marital property into equal but separate
8 shares or pursuant to a transfer of the person's interest in
9 a home to his spouse, provided that the spouse's share of the
10 marital property is not made available to the person seeking
11 such services.
12 The services shall be provided to eligible persons to
13 prevent unnecessary or premature institutionalization, to the
14 extent that the cost of the services, together with the other
15 personal maintenance expenses of the persons, are reasonably
16 related to the standards established for care in a group
17 facility appropriate to their condition. These
18 non-institutional services, pilot projects or experimental
19 facilities may be provided as part of or in addition to those
20 authorized by federal law or those funded and administered by
21 the Illinois Department on Aging.
22 Personal care attendants shall be paid:
23 (i) A $5 per hour minimum rate beginning July 1,
24 1995.
25 (ii) A $5.30 per hour minimum rate beginning July
26 1, 1997.
27 (iii) A $5.40 per hour minimum rate beginning July
28 1, 1998.
29 The legislature has found that it would serve the public
30 interest for the personal assistants providing services under
31 the Department's Home Services Program to be represented and
32 be able to voice their demands and grievances through their
33 representative to the Department. Where an organization is
34 chosen by a majority of personal assistants as the exclusive
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1 representative of all personal assistants providing services
2 under the Department's Home Services Program, the Department
3 shall meet and confer with that exclusive representative in a
4 good faith effort to resolve grievances concerning the Home
5 Services Program and shall reduce any resulting agreements to
6 writing. The written agreements may contain a provision
7 requiring that all personal assistants pay their
8 proportionate share of the costs of that representation.
9 After a majority of the personal assistants have selected an
10 organization as the exclusive representative of personal
11 assistants, the Department shall continue to meet and confer
12 with that organization as the exclusive representative unless
13 it has a good faith doubt about whether a majority of
14 personal assistants wish to be represented by the
15 organization. Nothing in this paragraph shall be understood
16 to limit the right of the persons receiving services defined
17 in this subsection to hire, fire, and supervise personal
18 assistants. The State of Illinois shall not be considered
19 the employer of personal assistants for any purposes,
20 including but not limited to vicarious liability in tort, for
21 purposes of statutory retirement benefits, or for purposes of
22 any other statutorily mandated employment benefits.
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.
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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
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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.
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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.)"; and
33 by inserting at the end of the bill the following:
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1 "Section 99. Effective date. This Section and the
2 provisions amending the Disabled Persons Rehabilitation Act
3 take effect upon becoming law.".