104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3649

 

Introduced 2/5/2026, by Sen. Sue Rezin

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/5-54 new

    Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, in accordance with federal guidance issued by the federal Centers for Medicare and Medicaid Services, the Department of Healthcare and Family Services shall exempt from electronic visit verification requirements all live-in caregivers who provide Medicaid-funded personal care services or home health care services under the Illinois Title XIX State Plan or a waiver of the plan, including personal care services and home health care services provided under various home and community-based services waiver programs authorized under the Social Security Act. Defines "live-in caregiver". Grants the Department rulemaking authority. Effective immediately.


LRB104 19303 KTG 32749 b

 

 

A BILL FOR

 

SB3649LRB104 19303 KTG 32749 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5adding Section 5-54 as follows:
 
6    (305 ILCS 5/5-54 new)
7    Sec. 5-54. Electronic visit verification system; live-in
8caregiver exemption. In accordance with federal guidance
9issued by the federal Centers for Medicare and Medicaid
10Services in its "CMCS Informational Bulletin" on August 8,
112019 that allows state Medicaid agencies to exempt live-in
12caregivers from the electronic visit verification requirements
13authorized under Section 12006(a) of the 21st Century Cures
14Act (Public Law 114-255), the Department of Healthcare and
15Family Services shall exempt from electronic visit
16verification requirements all live-in caregivers who provide
17personal care services under the Adults with Developmental
18Disabilities waiver and the Support Waiver for Children and
19Young Adults with Developmental Disabilities authorized under
20Section 1915(c) of the Social Security Act. As used in this
21Section, "live-in caregiver" means a caregiver as defined by
22the Department of Human Services. The Department of Healthcare
23and Family Services and the Department of Human Services may

 

 

SB3649- 2 -LRB104 19303 KTG 32749 b

1adopt any rules necessary to implement this Section, including
2rules on the form and manner in which a live-in caregiver must
3verify that he or she meets the definition of "live-in
4caregiver".
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.