101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0242
 
Introduced 1/31/2019, by Sen. Andy Manar
 
SYNOPSIS AS INTRODUCED:
 

 
  
20 ILCS 2405/3  from Ch. 23, par. 3434

     Amends the  Rehabilitation of Persons with Disabilities Act. Provides that a home care consumer in the Department of Human Services'  Home Services Program has the right and discretion to: (1) select and hire a personal assistant or other individual provider of his or her choice; and (2) determine the number of hours per week his or her personal assistant or other individual provider may work. Provides that, subject to the Department's authority to approve the total monthly hours in a home care consumer's service plan, no limitation shall be imposed on the number of hours per week a personal
assistant or other individual provider may work unless the
following conditions are satisfied: (A) as an exception to any limit imposed by the
Department, a personal assistant or other individual
provider may work and be paid for all hours
worked up to at least 66 hours per week if the personal assistant or
other individual provider works for a home care
consumer who: (i) receives services under a court-ordered service
plan; (ii) has a Determination of
Need score of 70 or above; or (iii) has an
exceptional care rate; (B) the Department shall establish an exceptions and
appeals process that permits a home care consumer to
request an exception to any limit imposed by the Department
up to a maximum of no less than 66 hours per week; and (C) if the home care consumer would face a serious
risk of institutionalization, the Department shall work
with the home care consumer to ensure that appropriate care
in the community will be provided, whether through
authorized overtime or another solution. Provides that nothing shall limit the Department's authority under any other statute to disqualify an individual from providing services in the Department's Home Services Program for reasons other than the number of weekly hours worked by the individual.
  


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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
SB0242LRB101 08289 KTG 53356 b


  
1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
 
4    Section 5. The Rehabilitation of Persons with Disabilities 
5Act is amended  by changing Section 3 as follows:
 


6    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)



7    Sec. 3. Powers and duties. The Department shall have the 
8powers and
duties enumerated
herein:

9        (a) To co-operate with the federal government in the 
10    administration
of the provisions of the federal 
11    Rehabilitation Act of 1973, as amended,
of the Workforce

12    Innovation and Opportunity Act,
and of the federal Social 
13    Security Act to the extent and in the manner
provided in 
14    these Acts.

15        (b) To prescribe and supervise such courses of 
16    vocational training
and provide such other services as may 
17    be necessary for the habilitation
and rehabilitation of 
18    persons with one or more disabilities, including the

19    administrative activities under subsection (e) of this 
20    Section, and to
co-operate with State and local school 
21    authorities and other recognized
agencies engaged in 
22    habilitation, rehabilitation and comprehensive

23    rehabilitation services; and to cooperate with the 
 
 
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1    Department of Children
and Family Services regarding the 
2    care and education of children with one
or more 
3    disabilities.

4        (c) (Blank).

5        (d) To report in writing, to the Governor, annually on 
6    or before the
first day of December, and at such other 
7    times and in such manner and
upon such subjects as the 
8    Governor may require.  The annual report shall
contain (1) a 
9    statement of the existing condition of comprehensive

10    rehabilitation services, habilitation and rehabilitation 
11    in the State;
(2) a statement of suggestions and 
12    recommendations with reference to the
development of 
13    comprehensive rehabilitation services, habilitation and

14    rehabilitation in the State; and (3) an itemized statement 
15    of the
amounts of money received from federal, State and 
16    other sources, and of
the objects and purposes to which the 
17    respective items of these several
amounts have been 
18    devoted.

19        (e) (Blank).

20        (f) To establish a program of services to prevent the 
21    unnecessary
institutionalization of persons in need of 
22    long term care and who meet the criteria for blindness or 
23    disability as defined by the Social Security Act, thereby 
24    enabling them to
remain in their own homes. Such preventive

25    services include any or all of the following:

26            (1) personal assistant services;

 
 
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1            (2) homemaker services;

2            (3) home-delivered meals;

3            (4) adult day care services;

4            (5) respite care;

5            (6) home modification or assistive equipment;

6            (7) home health services;

7            (8) electronic home response;

8            (9) brain injury behavioral/cognitive services;

9            (10) brain injury habilitation;

10            (11) brain injury pre-vocational services; or

11            (12) brain injury supported employment.

12        The Department shall establish eligibility
standards 
13    for such services taking into consideration the unique

14    economic and social needs of the population for whom they 
15    are to
be provided.  Such eligibility standards may be based 
16    on the recipient's
ability to pay for services; provided, 
17    however, that any portion of a
person's income that is 
18    equal to or less than the "protected income" level
shall 
19    not be considered by the Department in determining 
20    eligibility.  The
"protected income" level shall be 
21    determined by the Department, shall never be
less than the 
22    federal poverty standard, and shall be adjusted each year 
23    to
reflect changes in the Consumer Price Index For All 
24    Urban Consumers as
determined by the United States 
25    Department of Labor.  The standards must
provide that a 
26    person may not have more than $10,000 in assets to be 
 
 
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1    eligible for the services, and the Department may increase 
2    or decrease the asset limitation by rule. The Department 
3    may not decrease the asset level below $10,000.

4        The services shall be provided, as established by the

5    Department by rule, to eligible persons
to prevent 
6    unnecessary or premature institutionalization, to
the 
7    extent that the cost of the services, together with the

8    other personal maintenance expenses of the persons, are 
9    reasonably
related to the standards established for care in 
10    a group facility
appropriate to their condition.  These 
11    non-institutional
services, pilot projects or experimental 
12    facilities may be provided as part of
or in addition to 
13    those authorized by federal law or those funded and

14    administered by the Illinois Department on Aging. The 
15    Department shall set rates and fees for services in a fair 
16    and equitable manner.  Services identical to those offered 
17    by the Department on Aging shall be paid at the same rate. 

18        Except as otherwise provided in this paragraph, 
19    personal assistants shall be paid at a rate negotiated

20    between the State and an exclusive representative of 
21    personal
assistants under a collective bargaining 
22    agreement. In no case
shall the Department pay personal 
23    assistants an hourly wage
that is less than the federal 
24    minimum wage. Within 30 days after July 6, 2017 (the 
25    effective date of Public Act 100-23), the hourly wage paid 
26    to personal assistants and individual maintenance home 
 
 
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1    health workers shall be increased by $0.48 per hour. 




2        Solely for the purposes of coverage under the Illinois 
3    Public Labor
Relations
Act, personal assistants providing

4    services under
the Department's Home Services Program 
5    shall be considered to be public
employees
and the State of 
6    Illinois shall be considered to be their employer as of 
7    July 16, 2003 (the
effective date of Public Act 93-204), 
8    but not before. Solely for the purposes of coverage under 
9    the Illinois Public Labor Relations Act, home care and home 
10    health workers who function as personal assistants and 
11    individual maintenance home health workers and who also 
12    provide services under the Department's Home Services 
13    Program shall be considered to be public employees, no 
14    matter whether the State provides such services through 
15    direct fee-for-service arrangements, with the assistance 
16    of a managed care organization or other intermediary, or 
17    otherwise, and the State of Illinois shall be considered to 
18    be the employer of those persons as of January 29, 2013 
19    (the effective date of Public Act 97-1158), but not before 
20    except as otherwise provided under this subsection (f). The 
21    State
shall
engage in collective bargaining with an 
22    exclusive representative of home care and home health 
23    workers who function as personal assistants and individual 
24    maintenance home health workers working under the Home 
25    Services Program
concerning
their terms and conditions of 
26    employment that are within the State's control.
Nothing in

 
 
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1    this paragraph shall be understood to limit the right of 
2    the persons receiving
services
defined in this Section to 
3    hire and fire
home care and home health workers who 
4    function as personal assistants
and individual maintenance 
5    home health workers working under the Home Services Program 
6    or to supervise them within the limitations set by the Home 
7    Services Program. The
State
shall not be considered to be 
8    the employer of
home care and home health workers who 
9    function as personal
assistants and individual maintenance 
10    home health workers working under the Home Services Program 
11    for any purposes not specifically provided in Public Act 
12    93-204 or Public Act 97-1158, including but not limited to, 
13    purposes of vicarious liability
in tort and
purposes of 
14    statutory retirement or health insurance benefits. Home 
15    care and home health workers who function as personal 
16    assistants and individual maintenance home health workers 
17    and who also provide services under the Department's Home 
18    Services Program shall not be covered by the State 
19    Employees Group
Insurance Act
of 1971.

20    A home care consumer, as defined in Section 17.1, in the 
21Department's Home Services Program has the right and discretion 
22to select and hire a personal assistant or other individual 
23provider of his or her choice. A home care consumer in the 
24Department's Home Services Program also has the right and 
25discretion to determine the number of hours per week his or her 
26personal assistant or other individual provider may work. 
 
 
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1Subject to the Department's authority to approve the total 
2monthly hours in a home care consumer's service plan, the State 
3of Illinois and any of its departments, including the 
4Department, shall not impose a limit on the number of hours per 
5week a personal assistant or other individual provider may work 
6that is less than 55 hours per week. Subject to the 
7Department's authority to approve the total monthly hours in a 
8home care consumer's service plan, the State of Illinois and 
9any of its departments, including the
Department, shall not 
10impose any limit on the number of hours per week a personal 
11assistant or other individual provider may work unless the 
12following conditions are satisfied: 
13        (1) As an exception to any limit imposed by the 
14    Department, a personal assistant or other individual 
15    provider may work and be paid for all hours worked up to at 
16    least 66 hours per week if, subject to verification by the 
17    Department, the personal assistant or other individual 
18    provider works for: (i) a home care consumer receiving 
19    services under a court-ordered service plan; (ii) a home 
20    care consumer with a Determination of Need score of 70 or 
21    above (or the equivalent under any new assessment tool); or 
22    (iii) a home care consumer with an exceptional care rate. 
23        (2) The Department shall establish an exceptions and 
24    appeals process that permits a home care consumer to 
25    request an exception to any limit imposed by the Department 
26    up to a maximum of no less than 66 hours per week. 
 
 
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1    Exceptions shall be approved as appropriate  to maintain 
2    consumer independence and shall be approved, at a minimum, 
3    under the following circumstances which must be verified by 
4    the Department: 
5            (A) Delayed arrival of a provider. 
6            (B) Sudden loss of a provider. 
7            (C) Unexpected illness of a provider. 
8            (D) Extraordinary circumstances justified by the 
9        health and safety issues of the home care consumer. 
10        The exceptions and appeals process shall also permit a 
11    home care consumer to apply to be pre-approved for the use 
12    of a personal assistant or other individual provider for 
13    hours worked above the weekly maximum. Such pre-approval 
14    shall last for not less than one year from the date of the 
15    approval. Additionally, the exceptions and appeals process 
16    shall permit a home care consumer to apply after the fact 
17    for the approval of the prior use of a personal assistant 
18    or other individual provider who worked up to a maximum of 
19    no less than 66 hours per week. 
20        (3) Notwithstanding any limit imposed by the 
21    Department on the number of hours per week a home care 
22    consumer's personal assistant or other individual provider 
23    may work, if the home care consumer would face a serious 
24    risk of institutionalization, the Department shall work 
25    with the home care consumer to ensure  that appropriate care 
26    in the community will be provided, whether through 
 
 
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1    authorized overtime or another solution. 
2    Nothing in this subsection shall limit the Department's 
3authority under any other statute to disqualify an individual 
4from providing services in the Department's Home Services 
5Program for reasons other than the number of weekly hours 
6worked by the individual. 
7        The Department shall execute, relative to nursing home 
8    prescreening, as authorized by Section 4.03 of the Illinois 
9    Act on the Aging,
written inter-agency agreements with the 
10    Department on Aging and
the Department of Healthcare and 
11    Family Services, to effect the intake procedures
and 
12    eligibility criteria for those persons who may need long 
13    term care.  On and after July 1, 1996, all nursing
home 
14    prescreenings for individuals 18 through 59 years of age 
15    shall be
conducted by the Department, or a designee of the

16    Department.

17        The Department is authorized to establish a system of 
18    recipient cost-sharing
for services provided under this 
19    Section.  The cost-sharing shall be based upon
the 
20    recipient's ability to pay for services, but in no case 
21    shall the
recipient's share exceed the actual cost of the 
22    services provided.  Protected
income shall not be 
23    considered by the Department in its determination of the

24    recipient's ability to pay a share of the cost of services.  
25    The level of
cost-sharing shall be adjusted each year to 
26    reflect changes in the "protected
income" level.  The 
 
 
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1    Department shall deduct from the recipient's share of the

2    cost of services any money expended by the recipient for 
3    disability-related
expenses.

4        To the extent permitted under the federal Social 
5    Security Act, the Department, or the Department's 
6    authorized representative, may recover
the amount of 
7    moneys expended for services provided to or in behalf of a 
8    person
under this Section by a claim against the person's 
9    estate or against the estate
of the person's surviving 
10    spouse, but no recovery may be had until after the
death of 
11    the surviving spouse, if any, and then only at such time 
12    when there is
no surviving child who is under age 21 or 
13    blind or who has a permanent and total disability.  This 
14    paragraph, however, shall not bar recovery, at the death of 
15    the
person, of moneys for services provided to the person 
16    or in behalf of the
person under this Section to which the 
17    person was not entitled; provided that
such recovery shall 
18    not be enforced against any real estate while
it is 
19    occupied as a homestead by the surviving spouse or other 
20    dependent, if no
claims by other creditors have been filed 
21    against the estate, or, if such
claims have been filed, 
22    they remain dormant for failure of prosecution or
failure 
23    of the claimant to compel administration of the estate for 
24    the purpose
of payment.  This paragraph shall not bar 
25    recovery from the estate of a spouse,
under Sections 1915 
26    and 1924 of the Social Security Act and Section 5-4 of the

 
 
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1    Illinois Public Aid Code, who precedes a person receiving 
2    services under this
Section in death.  All moneys for 
3    services
paid to or in behalf of the person under this 
4    Section shall be claimed for
recovery from the deceased 
5    spouse's estate.  "Homestead", as used in this
paragraph, 
6    means the dwelling house and
contiguous real estate 
7    occupied by a surviving spouse or relative, as defined
by 
8    the rules and regulations of the Department of Healthcare 
9    and Family Services,
regardless of the value of the 
10    property.

11        The Department shall submit an annual report on 
12    programs and
services provided under this Section. The 
13    report shall be filed
with the Governor and the General 
14    Assembly on or before March
30
each year.

15        The requirement for reporting to the General Assembly 
16    shall be satisfied
by filing copies of the report
as 
17    required by Section 3.1 of the General Assembly 
18    Organization Act, and filing
additional copies with the 
19    State
Government Report Distribution Center for the 
20    General Assembly as
required under paragraph (t) of Section 
21    7 of the State Library Act.

22        (g) To establish such subdivisions of the Department
as 
23    shall be desirable and assign to the various subdivisions 
24    the
responsibilities and duties placed upon the Department 
25    by law.

26        (h) To cooperate and enter into any necessary 
 
 
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1    agreements with the
Department of Employment Security for 
2    the provision of job placement and
job referral services to 
3    clients of the Department, including job
service 
4    registration of such clients with Illinois Employment 
5    Security
offices and making job listings maintained by the 
6    Department of Employment
Security available to such 
7    clients.

8        (i) To possess all powers reasonable and necessary for

9    the exercise and administration of the powers, duties and

10    responsibilities of the Department which are provided for 
11    by law.

12        (j) (Blank).

13        (k) (Blank).

14        (l) To establish, operate, and maintain a Statewide 
15    Housing Clearinghouse
of information on available 
16    government subsidized housing accessible to
persons with 
17    disabilities and available privately owned housing 
18    accessible to
persons with disabilities.  The information 
19    shall include, but not be limited to, the
location, rental 
20    requirements, access features and proximity to public

21    transportation of available housing.  The Clearinghouse 
22    shall consist
of at least a computerized database for the 
23    storage and retrieval of
information and a separate or 
24    shared toll free telephone number for use by
those seeking 
25    information from the Clearinghouse.  Department offices and

26    personnel throughout the State shall also assist in the 
 
 
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1    operation of the
Statewide Housing Clearinghouse.  
2    Cooperation with local, State, and federal
housing 
3    managers shall be sought and extended in order to 
4    frequently and
promptly update the Clearinghouse's 
5    information.

6        (m) To assure that the names and case records of 
7    persons who received or
are
receiving services from the 
8    Department, including persons receiving vocational

9    rehabilitation, home services, or other services, and 
10    those attending one of
the Department's schools or other 
11    supervised facility shall be confidential and
not be open 
12    to the general public.  Those case records and reports or 
13    the
information contained in those records and reports 
14    shall be disclosed by the
Director only to proper law 
15    enforcement officials, individuals authorized by a
court, 
16    the General Assembly or any committee or commission of the 
17    General
Assembly, and other persons and for reasons as the 
18    Director designates by rule.
 Disclosure by the Director may 
19    be only in accordance with other applicable
law.

20(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17; 
21100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff. 
228-14-18; 100-1148, eff. 12-10-18.)