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Public Act 095-0473
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| SB0340 Enrolled |
LRB095 07142 DRJ 27269 b |
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AN ACT concerning aging.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Act on the Aging is amended by |
changing Section 4.02 as follows:
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(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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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:
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(a) home health services;
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(b) home nursing services;
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(c) homemaker services;
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(d) chore and housekeeping services;
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(e) adult day services;
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(f) home-delivered meals;
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(g) education in self-care;
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(h) personal care services;
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(i) adult day health services;
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(j) habilitation services;
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(k) respite care;
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(k-5) community reintegration services;
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(l) other nonmedical social services that may enable |
the person
to become self-supporting; or
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(m) clearinghouse for information provided by senior |
citizen home owners
who want to rent rooms to or share |
living space with other senior citizens.
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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
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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.
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Beginning July 1, 2002, the Department shall require as a |
condition of
eligibility that all financially eligible |
applicants and recipients apply
for medical assistance
under |
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Article V of the Illinois Public Aid Code in accordance with |
rules
promulgated by the Department.
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The Department shall, in conjunction with the Department of |
Public Aid (now Department of Healthcare and Family Services),
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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
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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
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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
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procedure. In addition, each person affected regardless of the
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circumstances for discontinued eligibility shall be given |
notice and the
opportunity to purchase the necessary services |
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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
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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
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of the services together with the other personal maintenance
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expenses of the persons are reasonably related to the standards
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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, Healthcare and Family |
Services,
Public Health, Veterans' Affairs, and Commerce and |
Economic Opportunity 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 an administrative and employee wage and benefits cost |
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split as defined in administrative rules. 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 Healthcare and Family |
Services, 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
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individuals 60 years of age or older shall be conducted by the |
Department.
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As part of the Department on Aging's routine training of |
case managers and case manager supervisors, the Department may |
include information on family futures planning for persons who |
are age 60 or older and who are caregivers of their adult |
children with developmental disabilities. The content of the |
training shall be at the Department's discretion. |
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
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is equal to or less than the federal poverty standard shall not |
be
considered by the Department in determining the copayment. |
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The level of
such copayment shall be adjusted whenever |
necessary to reflect any change
in the officially designated |
federal poverty standard.
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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
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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
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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
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Illinois Public Aid Code, who precedes a person receiving |
services under this
Section in death. All moneys for services
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paid to or in behalf of the person under this Section shall be |
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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
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or relative, as defined by the rules and regulations of the |
Department of Healthcare and Family Services, regardless of the |
value of the property.
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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
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maximum established by the Department. Workers providing these |
services
shall be appropriately trained.
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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 |
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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
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employees.
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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.
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The Community Care Program Advisory Committee is created in |
the Department on Aging. The Director shall appoint individuals |
to serve in the Committee, who shall serve at their own |
expense. Members of the Committee must abide by all applicable |
ethics laws. The Committee shall advise the Department on |
issues related to the Department's program of services to |
prevent unnecessary institutionalization. The Committee shall |
meet on a bi-monthly basis and shall serve to identify and |
advise the Department on present and potential issues affecting |
the service delivery network, the program's clients, and the |
Department and to recommend solution strategies. Persons |
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appointed to the Committee shall be appointed on, but not |
limited to, their own and their agency's experience with the |
program, geographic representation, and willingness to serve. |
The Director shall appoint members to the Committee to |
represent provider, advocacy, policy research, and other |
constituencies committed to the delivery of high quality home |
and community-based services to older adults. Representatives |
shall be appointed to ensure representation from community care |
providers including, but not limited to, adult day service |
providers, homemaker providers, case coordination and case |
management units, emergency home response providers, statewide |
trade or labor unions that represent homecare aides and direct |
care staff, area agencies on aging, adults over age 60, |
membership organizations representing older adults, and other |
organizational entities, providers of care, or individuals |
with demonstrated interest and expertise in the field of home |
and community care as determined by the Director.
The Committee |
shall include, but not be limited to, representatives from the |
following agencies and organizations: |
(a) at least 4 adult day service representatives; |
(b) at least 4 case coordination unit representatives; |
(c) at least 4 representatives from in-home direct care |
service agencies; |
(d) at least 2 representatives of statewide trade or |
labor unions that represent in-home direct care service |
staff;
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(e) at least 2 representatives of Area Agencies on |
Aging; |
(f) at least 2 non-provider representatives from a |
policy, advocacy, research, or other service organization; |
(g) at least 2 representatives from a statewide |
membership organization for senior citizens; and |
(h) at least 2 citizen members 60 years of age or |
older. |
Nominations may be presented from any agency or State |
association with interest in the program. The Director, or his |
or her designee, shall serve as the permanent co-chair of the |
advisory committee. One other co-chair shall be nominated and |
approved by the members of the committee on an annual basis. |
Committee members' terms of appointment shall be for 4 years |
with one-quarter of the appointees' terms expiring each year. A |
member shall continue to serve until his or her replacement is |
named.
At no time may a member serve more than one consecutive |
term in any capacity on the committee. The Department shall |
fill vacancies that have a remaining term of over one year, and |
this replacement shall occur through the annual replacement of |
expiring terms. The Director shall designate Department staff |
to provide technical assistance and staff support to the |
committee. Department representation shall not constitute |
membership of the committee. All Committee papers, issues, |
recommendations, reports, and meeting memoranda are advisory |
only. The Director, or his or her designee, shall make a |
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written report, as requested by the Committee, regarding issues |
before the Committee.
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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.
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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.
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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 |