State of Illinois
91st General Assembly
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Public Act 91-0303

HB1308 Enrolled                                LRB9102096JMmb

    AN ACT to amend the Illinois Act on the Aging by changing
Section 4.02.

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

    Section  5.   The Illinois Act on the Aging is amended by
changing Section 4.02 as follows:

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

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