Public Act 096-0351
 		





HB0039 Enrolled
LRB096 03012 DRJ 13026 b






    AN ACT concerning public aid.

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



 
    Section 5. The Illinois Public Aid Code is amended  by 
adding Section 5-2.08 as follows:
 
    (305 ILCS 5/5-2.08  new)
    Sec. 5-2.08. Spousal caregiver demonstration.
    (a) The Department of Human Services, in consultation with 
the Department of Healthcare and Family Services, shall develop 
a demonstration project within the Home Services Program under 
which a spouse may be reimbursed for providing care to his or 
her spouse, who is eligible for services through the Home 
Services Program and who meets the criteria for this 
demonstration project. The demonstration project shall operate 
in selected counties and be limited to serving no more than 100 
unduplicated persons in a State fiscal year.
    The components of the demonstration project shall include 
the following:
        (1) Authorization for a spouse to be reimbursed for 
    care provided to his or her otherwise eligible spouse 
    through the Home Services Program.
        (2) The development of specific criteria for the 
    provision of services under the demonstration project. 
    Criteria applicable to a spousal caregiver shall include, 
    but need not be limited to, (i) a limitation on the total 
    hours of a spousal caregiver's outside employment plus 
    hours of providing care to his or her eligible spouse to 
    ensure that the complete plan of care is delivered to the 
    eligible spouse and (ii) limitations on a spousal 
    caregiver's participation in the demonstration project if 
    the caregiver has a known history of spousal abuse, 
    neglect, or exploitation.
        (3) The determination of the personal care or similar 
    services for which payment may be made. Spousal caregivers 
    shall be paid at the Personal Assistant level of care and 
    pay rate. In those instances in which the eligible spouse 
    requires specialized services (for example, services 
    provided by a certified nursing assistant (CNA), licensed 
    practical nurse (LPN), or registered nurse (RN)) and the 
    spousal caregiver has the corresponding certification or 
    licensure, the spousal caregiver shall be paid the higher 
    rate for the specialized services only. The specialized 
    services the eligible spouse is authorized to receive shall 
    be defined and approved in the services plan.
        (4) The method for determining that the amount of 
    personal care or similar services provided by the spouse is 
    "extraordinary care" that exceeds the ordinary care that 
    would be provided to a spouse without a disability.
        (5) Limitations on the number of hours of personal 
    services that will be reimbursed.
        (6) Utilization of the Determination of Need 
    evaluation and other comprehensive assessment tools as 
    criteria for determining eligibility and developing 
    service plans under the demonstration project.
        (7) Determination of how or whether the provision of 
    personal care by the spouse is in the best interest of his 
    or her spouse, who is an eligible participant in the 
    demonstration project.
        (8) Use of procedures that ensure that payments are 
    made for services rendered.
        (9) Assurances that all other criteria of the 
    demonstration project are met.
        (10) Measurement of participant experiences.
        (11) Monthly in-home monitoring of the health and 
    safety of the eligible spouse. 
        (12) Documentation of the marital relationship for 
    participation in the demonstration project. 
        (13) Assurances that the eligible spouse is capable of 
    communicating his or her needs. 
        (14) Enrollment of an alternative care provider to 
    ensure that there is no disruption of care to the eligible 
    spouse. 
        (15) Assurances that the spousal caregiver is 
    emotionally, physically, and cognitively able to provide 
    the necessary care to the eligible spouse. 
    (b) By July 1, 2009, the Department of Human Services, in 
consultation with the Department of Healthcare and Family 
Services, shall begin development of the demonstration 
project.  The Department of Human Services shall provide an 
interim report on or before March 1, 2010 to the Governor and 
the General Assembly that includes the progress on the 
development of the demonstration project and implementation 
timelines of the demonstration project and the criteria for the 
demonstration project.
    (c) The Department of Human Services shall report findings 
and recommendations by March 1, 2011 to the Governor and the 
General Assembly.  The report shall include an explanation of 
the manner in which each demonstration project component listed 
in paragraphs (1) through (10) of subsection (a) is addressed.  
In addition, the report shall include (i) the estimated number 
of clients statewide who could utilize services and (ii) an 
analysis of the fiscal impact per client on the Department's 
new and existing costs under the Home Services Program.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.