Sen. Napoleon Harris, III
Filed: 4/1/2022
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1 | AMENDMENT TO HOUSE BILL 5186
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2 | AMENDMENT NO. ______. Amend House Bill 5186, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment | ||||||
4 | No. 2, on page 197, immediately below line 11, by inserting the | ||||||
5 | following:
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6 | "ARTICLE 35. COMMUNITY CARE PROGRAM | ||||||
7 | Section 35-5. The Illinois Act on the Aging is amended by | ||||||
8 | changing Section 4.02 as follows:
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9 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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10 | Sec. 4.02. Community Care Program. The Department shall | ||||||
11 | establish a program of services to
prevent unnecessary | ||||||
12 | institutionalization of persons age 60 and older in
need of | ||||||
13 | long term care or who are established as persons who suffer | ||||||
14 | from
Alzheimer's disease or a related disorder under the | ||||||
15 | Alzheimer's Disease
Assistance Act, thereby enabling them
to |
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1 | remain in their own homes or in other living arrangements. | ||||||
2 | Such
preventive services, which may be coordinated with other | ||||||
3 | programs for the
aged and monitored by area agencies on aging | ||||||
4 | in cooperation with the
Department, may include, but are not | ||||||
5 | limited to, any or all of the following:
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6 | (a) (blank);
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7 | (b) (blank);
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8 | (c) home care aide services;
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9 | (d) personal assistant services;
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10 | (e) adult day services;
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11 | (f) home-delivered meals;
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12 | (g) education in self-care;
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13 | (h) personal care services;
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14 | (i) adult day health services;
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15 | (j) habilitation services;
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16 | (k) respite care;
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17 | (k-5) community reintegration services;
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18 | (k-6) flexible senior services; | ||||||
19 | (k-7) medication management; | ||||||
20 | (k-8) emergency home response;
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21 | (l) other nonmedical social services that may enable | ||||||
22 | the person
to become self-supporting; or
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23 | (m) clearinghouse for information provided by senior | ||||||
24 | citizen home owners
who want to rent rooms to or share | ||||||
25 | living space with other senior citizens.
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26 | The Department shall establish eligibility standards for |
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1 | such
services. In determining the amount and nature of | ||||||
2 | services
for which a person may qualify, consideration shall | ||||||
3 | not be given to the
value of cash, property or other assets | ||||||
4 | held in the name of the person's
spouse pursuant to a written | ||||||
5 | agreement dividing marital property into equal
but separate | ||||||
6 | shares or pursuant to a transfer of the person's interest in a
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7 | home to his spouse, provided that the spouse's share of the | ||||||
8 | marital
property is not made available to the person seeking | ||||||
9 | such services.
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10 | Beginning January 1, 2008, the Department shall require as | ||||||
11 | a condition of eligibility that all new financially eligible | ||||||
12 | applicants apply for and enroll in medical assistance under | ||||||
13 | Article V of the Illinois Public Aid Code in accordance with | ||||||
14 | rules promulgated by the Department.
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15 | The Department shall, in conjunction with the Department | ||||||
16 | of Public Aid (now Department of Healthcare and Family | ||||||
17 | Services),
seek appropriate amendments under Sections 1915 and | ||||||
18 | 1924 of the Social
Security Act. The purpose of the amendments | ||||||
19 | shall be to extend eligibility
for home and community based | ||||||
20 | services under Sections 1915 and 1924 of the
Social Security | ||||||
21 | Act to persons who transfer to or for the benefit of a
spouse | ||||||
22 | those amounts of income and resources allowed under Section | ||||||
23 | 1924 of
the Social Security Act. Subject to the approval of | ||||||
24 | such amendments, the
Department shall extend the provisions of | ||||||
25 | Section 5-4 of the Illinois
Public Aid Code to persons who, but | ||||||
26 | for the provision of home or
community-based services, would |
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1 | require the level of care provided in an
institution, as is | ||||||
2 | provided for in federal law. Those persons no longer
found to | ||||||
3 | be eligible for receiving noninstitutional services due to | ||||||
4 | changes
in the eligibility criteria shall be given 45 days | ||||||
5 | notice prior to actual
termination. Those persons receiving | ||||||
6 | notice of termination may contact the
Department and request | ||||||
7 | the determination be appealed at any time during the
45 day | ||||||
8 | notice period. The target
population identified for the | ||||||
9 | purposes of this Section are persons age 60
and older with an | ||||||
10 | identified service need. Priority shall be given to those
who | ||||||
11 | are at imminent risk of institutionalization. The services | ||||||
12 | shall be
provided to eligible persons age 60 and older to the | ||||||
13 | extent that the cost
of the services together with the other | ||||||
14 | personal maintenance
expenses of the persons are reasonably | ||||||
15 | related to the standards
established for care in a group | ||||||
16 | facility appropriate to the person's
condition. These | ||||||
17 | non-institutional services, pilot projects or
experimental | ||||||
18 | facilities may be provided as part of or in addition to
those | ||||||
19 | authorized by federal law or those funded and administered by | ||||||
20 | the
Department of Human Services. The Departments of Human | ||||||
21 | Services, Healthcare and Family Services,
Public Health, | ||||||
22 | Veterans' Affairs, and Commerce and Economic Opportunity and
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23 | other appropriate agencies of State, federal and local | ||||||
24 | governments shall
cooperate with the Department on Aging in | ||||||
25 | the establishment and development
of the non-institutional | ||||||
26 | services. The Department shall require an annual
audit from |
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1 | all personal assistant
and home care aide vendors contracting | ||||||
2 | with
the Department under this Section. The annual audit shall | ||||||
3 | assure that each
audited vendor's procedures are in compliance | ||||||
4 | with Department's financial
reporting guidelines requiring an | ||||||
5 | administrative and employee wage and benefits cost split as | ||||||
6 | defined in administrative rules. The audit is a public record | ||||||
7 | under
the Freedom of Information Act. The Department shall | ||||||
8 | execute, relative to
the nursing home prescreening project, | ||||||
9 | written inter-agency
agreements with the Department of Human | ||||||
10 | Services and the Department
of Healthcare and Family Services, | ||||||
11 | to effect the following: (1) intake procedures and common
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12 | eligibility criteria for those persons who are receiving | ||||||
13 | non-institutional
services; and (2) the establishment and | ||||||
14 | development of non-institutional
services in areas of the | ||||||
15 | State where they are not currently available or are
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16 | undeveloped. On and after July 1, 1996, all nursing home | ||||||
17 | prescreenings for
individuals 60 years of age or older shall | ||||||
18 | be conducted by the Department.
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19 | As part of the Department on Aging's routine training of | ||||||
20 | case managers and case manager supervisors, the Department may | ||||||
21 | include information on family futures planning for persons who | ||||||
22 | are age 60 or older and who are caregivers of their adult | ||||||
23 | children with developmental disabilities. The content of the | ||||||
24 | training shall be at the Department's discretion. | ||||||
25 | The Department is authorized to establish a system of | ||||||
26 | recipient copayment
for services provided under this Section, |
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1 | such copayment to be based upon
the recipient's ability to pay | ||||||
2 | but in no case to exceed the actual cost of
the services | ||||||
3 | provided. Additionally, any portion of a person's income which
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4 | is equal to or less than the federal poverty standard shall not | ||||||
5 | be
considered by the Department in determining the copayment. | ||||||
6 | The level of
such copayment shall be adjusted whenever | ||||||
7 | necessary to reflect any change
in the officially designated | ||||||
8 | federal poverty standard.
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9 | The Department, or the Department's authorized | ||||||
10 | representative, may
recover the amount of moneys expended for | ||||||
11 | services provided to or in
behalf of a person under this | ||||||
12 | Section by a claim against the person's
estate or against the | ||||||
13 | estate of the person's surviving spouse, but no
recovery may | ||||||
14 | be had until after the death of the surviving spouse, if
any, | ||||||
15 | and then only at such time when there is no surviving child who
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16 | is under age 21 or blind or who has a permanent and total | ||||||
17 | disability. This
paragraph, however, shall not bar recovery, | ||||||
18 | at the death of the person, of
moneys for services provided to | ||||||
19 | the person or in behalf of the person under
this Section to | ||||||
20 | which the person was not entitled;
provided that such recovery | ||||||
21 | shall not be enforced against any real estate while
it is | ||||||
22 | occupied as a homestead by the surviving spouse or other | ||||||
23 | dependent, if no
claims by other creditors have been filed | ||||||
24 | against the estate, or, if such
claims have been filed, they | ||||||
25 | remain dormant for failure of prosecution or
failure of the | ||||||
26 | claimant to compel administration of the estate for the |
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1 | purpose
of payment. This paragraph shall not bar recovery from | ||||||
2 | the estate of a spouse,
under Sections 1915 and 1924 of the | ||||||
3 | Social Security Act and Section 5-4 of the
Illinois Public Aid | ||||||
4 | Code, who precedes a person receiving services under this
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5 | Section in death. All moneys for services
paid to or in behalf | ||||||
6 | of the person under this Section shall be claimed for
recovery | ||||||
7 | from the deceased spouse's estate. "Homestead", as used
in | ||||||
8 | this paragraph, means the dwelling house and
contiguous real | ||||||
9 | estate occupied by a surviving spouse
or relative, as defined | ||||||
10 | by the rules and regulations of the Department of Healthcare | ||||||
11 | and Family Services, regardless of the value of the property.
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12 | The Department shall increase the effectiveness of the | ||||||
13 | existing Community Care Program by: | ||||||
14 | (1) ensuring that in-home services included in the | ||||||
15 | care plan are available on evenings and weekends; | ||||||
16 | (2) ensuring that care plans contain the services that | ||||||
17 | eligible participants
need based on the number of days in | ||||||
18 | a month, not limited to specific blocks of time, as | ||||||
19 | identified by the comprehensive assessment tool selected | ||||||
20 | by the Department for use statewide, not to exceed the | ||||||
21 | total monthly service cost maximum allowed for each | ||||||
22 | service; the Department shall develop administrative rules | ||||||
23 | to implement this item (2); | ||||||
24 | (3) ensuring that the participants have the right to | ||||||
25 | choose the services contained in their care plan and to | ||||||
26 | direct how those services are provided, based on |
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1 | administrative rules established by the Department; | ||||||
2 | (4) ensuring that the determination of need tool is | ||||||
3 | accurate in determining the participants' level of need; | ||||||
4 | to achieve this, the Department, in conjunction with the | ||||||
5 | Older Adult Services Advisory Committee, shall institute a | ||||||
6 | study of the relationship between the Determination of | ||||||
7 | Need scores, level of need, service cost maximums, and the | ||||||
8 | development and utilization of service plans no later than | ||||||
9 | May 1, 2008; findings and recommendations shall be | ||||||
10 | presented to the Governor and the General Assembly no | ||||||
11 | later than January 1, 2009; recommendations shall include | ||||||
12 | all needed changes to the service cost maximums schedule | ||||||
13 | and additional covered services; | ||||||
14 | (5) ensuring that homemakers can provide personal care | ||||||
15 | services that may or may not involve contact with clients, | ||||||
16 | including but not limited to: | ||||||
17 | (A) bathing; | ||||||
18 | (B) grooming; | ||||||
19 | (C) toileting; | ||||||
20 | (D) nail care; | ||||||
21 | (E) transferring; | ||||||
22 | (F) respiratory services; | ||||||
23 | (G) exercise; or | ||||||
24 | (H) positioning; | ||||||
25 | (6) ensuring that homemaker program vendors are not | ||||||
26 | restricted from hiring homemakers who are family members |
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1 | of clients or recommended by clients; the Department may | ||||||
2 | not, by rule or policy, require homemakers who are family | ||||||
3 | members of clients or recommended by clients to accept | ||||||
4 | assignments in homes other than the client; | ||||||
5 | (7) ensuring that the State may access maximum federal | ||||||
6 | matching funds by seeking approval for the Centers for | ||||||
7 | Medicare and Medicaid Services for modifications to the | ||||||
8 | State's home and community based services waiver and | ||||||
9 | additional waiver opportunities, including applying for | ||||||
10 | enrollment in the Balance Incentive Payment Program by May | ||||||
11 | 1, 2013, in order to maximize federal matching funds; this | ||||||
12 | shall include, but not be limited to, modification that | ||||||
13 | reflects all changes in the Community Care Program | ||||||
14 | services and all increases in the services cost maximum; | ||||||
15 | (8) ensuring that the determination of need tool | ||||||
16 | accurately reflects the service needs of individuals with | ||||||
17 | Alzheimer's disease and related dementia disorders; | ||||||
18 | (9) ensuring that services are authorized accurately | ||||||
19 | and consistently for the Community Care Program (CCP); the | ||||||
20 | Department shall implement a Service Authorization policy | ||||||
21 | directive; the purpose shall be to ensure that eligibility | ||||||
22 | and services are authorized accurately and consistently in | ||||||
23 | the CCP program; the policy directive shall clarify | ||||||
24 | service authorization guidelines to Care Coordination | ||||||
25 | Units and Community Care Program providers no later than | ||||||
26 | May 1, 2013; |
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1 | (10) working in conjunction with Care Coordination | ||||||
2 | Units, the Department of Healthcare and Family Services, | ||||||
3 | the Department of Human Services, Community Care Program | ||||||
4 | providers, and other stakeholders to make improvements to | ||||||
5 | the Medicaid claiming processes and the Medicaid | ||||||
6 | enrollment procedures or requirements as needed, | ||||||
7 | including, but not limited to, specific policy changes or | ||||||
8 | rules to improve the up-front enrollment of participants | ||||||
9 | in the Medicaid program and specific policy changes or | ||||||
10 | rules to insure more prompt submission of bills to the | ||||||
11 | federal government to secure maximum federal matching | ||||||
12 | dollars as promptly as possible; the Department on Aging | ||||||
13 | shall have at least 3 meetings with stakeholders by | ||||||
14 | January 1, 2014 in order to address these improvements; | ||||||
15 | (11) requiring home care service providers to comply | ||||||
16 | with the rounding of hours worked provisions under the | ||||||
17 | federal Fair Labor Standards Act (FLSA) and as set forth | ||||||
18 | in 29 CFR 785.48(b) by May 1, 2013; | ||||||
19 | (12) implementing any necessary policy changes or | ||||||
20 | promulgating any rules, no later than January 1, 2014, to | ||||||
21 | assist the Department of Healthcare and Family Services in | ||||||
22 | moving as many participants as possible, consistent with | ||||||
23 | federal regulations, into coordinated care plans if a care | ||||||
24 | coordination plan that covers long term care is available | ||||||
25 | in the recipient's area; and | ||||||
26 | (13) maintaining fiscal year 2014 rates at the same |
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1 | level established on January 1, 2013. | ||||||
2 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
3 | Counseling Demonstration Project as is practicable, the | ||||||
4 | Department may, based on its evaluation of the demonstration | ||||||
5 | project, promulgate rules concerning personal assistant | ||||||
6 | services, to include, but need not be limited to, | ||||||
7 | qualifications, employment screening, rights under fair labor | ||||||
8 | standards, training, fiduciary agent, and supervision | ||||||
9 | requirements. All applicants shall be subject to the | ||||||
10 | provisions of the Health Care Worker Background Check Act.
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11 | The Department shall develop procedures to enhance | ||||||
12 | availability of
services on evenings, weekends, and on an | ||||||
13 | emergency basis to meet the
respite needs of caregivers. | ||||||
14 | Procedures shall be developed to permit the
utilization of | ||||||
15 | services in successive blocks of 24 hours up to the monthly
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16 | maximum established by the Department. Workers providing these | ||||||
17 | services
shall be appropriately trained.
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18 | Beginning on the effective date of this amendatory Act of | ||||||
19 | 1991, no person
may perform chore/housekeeping and home care | ||||||
20 | aide services under a program
authorized by this Section | ||||||
21 | unless that person has been issued a certificate
of | ||||||
22 | pre-service to do so by his or her employing agency. | ||||||
23 | Information
gathered to effect such certification shall | ||||||
24 | include (i) the person's name,
(ii) the date the person was | ||||||
25 | hired by his or her current employer, and
(iii) the training, | ||||||
26 | including dates and levels. Persons engaged in the
program |
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1 | authorized by this Section before the effective date of this
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2 | amendatory Act of 1991 shall be issued a certificate of all | ||||||
3 | pre- and
in-service training from his or her employer upon | ||||||
4 | submitting the necessary
information. The employing agency | ||||||
5 | shall be required to retain records of
all staff pre- and | ||||||
6 | in-service training, and shall provide such records to
the | ||||||
7 | Department upon request and upon termination of the employer's | ||||||
8 | contract
with the Department. In addition, the employing | ||||||
9 | agency is responsible for
the issuance of certifications of | ||||||
10 | in-service training completed to their
employees.
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11 | The Department is required to develop a system to ensure | ||||||
12 | that persons
working as home care aides and personal | ||||||
13 | assistants
receive increases in their
wages when the federal | ||||||
14 | minimum wage is increased by requiring vendors to
certify that | ||||||
15 | they are meeting the federal minimum wage statute for home | ||||||
16 | care aides
and personal assistants. An employer that cannot | ||||||
17 | ensure that the minimum
wage increase is being given to home | ||||||
18 | care aides and personal assistants
shall be denied any | ||||||
19 | increase in reimbursement costs.
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20 | The Community Care Program Advisory Committee is created | ||||||
21 | in the Department on Aging. The Director shall appoint | ||||||
22 | individuals to serve in the Committee, who shall serve at | ||||||
23 | their own expense. Members of the Committee must abide by all | ||||||
24 | applicable ethics laws. The Committee shall advise the | ||||||
25 | Department on issues related to the Department's program of | ||||||
26 | services to prevent unnecessary institutionalization. The |
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1 | Committee shall meet on a bi-monthly basis and shall serve to | ||||||
2 | identify and advise the Department on present and potential | ||||||
3 | issues affecting the service delivery network, the program's | ||||||
4 | clients, and the Department and to recommend solution | ||||||
5 | strategies. Persons appointed to the Committee shall be | ||||||
6 | appointed on, but not limited to, their own and their agency's | ||||||
7 | experience with the program, geographic representation, and | ||||||
8 | willingness to serve. The Director shall appoint members to | ||||||
9 | the Committee to represent provider, advocacy, policy | ||||||
10 | research, and other constituencies committed to the delivery | ||||||
11 | of high quality home and community-based services to older | ||||||
12 | adults. Representatives shall be appointed to ensure | ||||||
13 | representation from community care providers including, but | ||||||
14 | not limited to, adult day service providers, homemaker | ||||||
15 | providers, case coordination and case management units, | ||||||
16 | emergency home response providers, statewide trade or labor | ||||||
17 | unions that represent home care
aides and direct care staff, | ||||||
18 | area agencies on aging, adults over age 60, membership | ||||||
19 | organizations representing older adults, and other | ||||||
20 | organizational entities, providers of care, or individuals | ||||||
21 | with demonstrated interest and expertise in the field of home | ||||||
22 | and community care as determined by the Director. | ||||||
23 | Nominations may be presented from any agency or State | ||||||
24 | association with interest in the program. The Director, or his | ||||||
25 | or her designee, shall serve as the permanent co-chair of the | ||||||
26 | advisory committee. One other co-chair shall be nominated and |
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1 | approved by the members of the committee on an annual basis. | ||||||
2 | Committee members' terms of appointment shall be for 4 years | ||||||
3 | with one-quarter of the appointees' terms expiring each year. | ||||||
4 | A member shall continue to serve until his or her replacement | ||||||
5 | is named. The Department shall fill vacancies that have a | ||||||
6 | remaining term of over one year, and this replacement shall | ||||||
7 | occur through the annual replacement of expiring terms. The | ||||||
8 | Director shall designate Department staff to provide technical | ||||||
9 | assistance and staff support to the committee. Department | ||||||
10 | representation shall not constitute membership of the | ||||||
11 | committee. All Committee papers, issues, recommendations, | ||||||
12 | reports, and meeting memoranda are advisory only. The | ||||||
13 | Director, or his or her designee, shall make a written report, | ||||||
14 | as requested by the Committee, regarding issues before the | ||||||
15 | Committee.
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16 | The Department on Aging and the Department of Human | ||||||
17 | Services
shall cooperate in the development and submission of | ||||||
18 | an annual report on
programs and services provided under this | ||||||
19 | Section. Such joint report
shall be filed with the Governor | ||||||
20 | and the General Assembly on or before
September 30 each year.
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21 | The requirement for reporting to the General Assembly | ||||||
22 | shall be satisfied
by filing copies of the report
as required | ||||||
23 | by Section 3.1 of the General Assembly Organization Act and
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24 | filing such additional copies with the State Government Report | ||||||
25 | Distribution
Center for the General Assembly as is required | ||||||
26 | under paragraph (t) of
Section 7 of the State Library Act.
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1 | Those persons previously found eligible for receiving | ||||||
2 | non-institutional
services whose services were discontinued | ||||||
3 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
4 | not meet the eligibility standards in effect
on or after July | ||||||
5 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
6 | Those persons previously not required to cost-share and who | ||||||
7 | were
required to cost-share effective March 1, 1992, shall | ||||||
8 | continue to meet
cost-share requirements on and after July 1, | ||||||
9 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
10 | meet
eligibility, cost-share, and other requirements and will | ||||||
11 | have services
discontinued or altered when they fail to meet | ||||||
12 | these requirements. | ||||||
13 | For the purposes of this Section, "flexible senior | ||||||
14 | services" refers to services that require one-time or periodic | ||||||
15 | expenditures including, but not limited to, respite care, home | ||||||
16 | modification, assistive technology, housing assistance, and | ||||||
17 | transportation.
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18 | The Department shall implement an electronic service | ||||||
19 | verification based on global positioning systems or other | ||||||
20 | cost-effective technology for the Community Care Program no | ||||||
21 | later than January 1, 2014. | ||||||
22 | The Department shall require, as a condition of | ||||||
23 | eligibility, enrollment in the medical assistance program | ||||||
24 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
25 | August 1, 2013, if the Auditor General has reported that the | ||||||
26 | Department has failed
to comply with the reporting |
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| |||||||
1 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
2 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
3 | reported that the
Department has not undertaken the required | ||||||
4 | actions listed in
the report required by subsection (a) of | ||||||
5 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
6 | The Department shall delay Community Care Program services | ||||||
7 | until an applicant is determined eligible for medical | ||||||
8 | assistance under Article V of the Illinois Public Aid Code (i) | ||||||
9 | beginning August 1, 2013, if the Auditor General has reported | ||||||
10 | that the Department has failed
to comply with the reporting | ||||||
11 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
12 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
13 | reported that the
Department has not undertaken the required | ||||||
14 | actions listed in
the report required by subsection (a) of | ||||||
15 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
16 | The Department shall implement co-payments for the | ||||||
17 | Community Care Program at the federally allowable maximum | ||||||
18 | level (i) beginning August 1, 2013, if the Auditor General has | ||||||
19 | reported that the Department has failed
to comply with the | ||||||
20 | reporting requirements of Section 2-27 of
the Illinois State | ||||||
21 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
22 | General has reported that the
Department has not undertaken | ||||||
23 | the required actions listed in
the report required by | ||||||
24 | subsection (a) of Section 2-27 of the
Illinois State Auditing | ||||||
25 | Act. | ||||||
26 | The Department shall continue to provide other Community |
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1 | Care Program reports as required by statute. | ||||||
2 | The Department shall provide a bi-monthly report on the | ||||||
3 | progress of the Community Care Program reforms set forth in | ||||||
4 | this amendatory Act of the 98th General Assembly to the | ||||||
5 | Governor, the Speaker of the House of Representatives, the | ||||||
6 | Minority Leader of the House of Representatives, the
President | ||||||
7 | of the
Senate, and the Minority Leader of the Senate. | ||||||
8 | The Department shall conduct a quarterly review of Care | ||||||
9 | Coordination Unit performance and adherence to service | ||||||
10 | guidelines. The quarterly review shall be reported to the | ||||||
11 | Speaker of the House of Representatives, the Minority Leader | ||||||
12 | of the House of Representatives, the
President of the
Senate, | ||||||
13 | and the Minority Leader of the Senate. The Department shall | ||||||
14 | collect and report longitudinal data on the performance of | ||||||
15 | each care coordination unit. Nothing in this paragraph shall | ||||||
16 | be construed to require the Department to identify specific | ||||||
17 | care coordination units. | ||||||
18 | In regard to community care providers, failure to comply | ||||||
19 | with Department on Aging policies shall be cause for | ||||||
20 | disciplinary action, including, but not limited to, | ||||||
21 | disqualification from serving Community Care Program clients. | ||||||
22 | Each provider, upon submission of any bill or invoice to the | ||||||
23 | Department for payment for services rendered, shall include a | ||||||
24 | notarized statement, under penalty of perjury pursuant to | ||||||
25 | Section 1-109 of the Code of Civil Procedure, that the | ||||||
26 | provider has complied with all Department policies. |
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1 | The Director of the Department on Aging shall make | ||||||
2 | information available to the State Board of Elections as may | ||||||
3 | be required by an agreement the State Board of Elections has | ||||||
4 | entered into with a multi-state voter registration list | ||||||
5 | maintenance system. | ||||||
6 | Within 30 days after July 6, 2017 (the effective date of | ||||||
7 | Public Act 100-23), rates shall be increased to $18.29 per | ||||||
8 | hour, for the purpose of increasing, by at least $.72 per hour, | ||||||
9 | the wages paid by those vendors to their employees who provide | ||||||
10 | homemaker services. The Department shall pay an enhanced rate | ||||||
11 | under the Community Care Program to those in-home service | ||||||
12 | provider agencies that offer health insurance coverage as a | ||||||
13 | benefit to their direct service worker employees consistent | ||||||
14 | with the mandates of Public Act 95-713. For State fiscal years | ||||||
15 | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The | ||||||
16 | rate shall be adjusted using actuarial analysis based on the | ||||||
17 | cost of care, but shall not be set below $1.77 per hour. The | ||||||
18 | Department shall adopt rules, including emergency rules under | ||||||
19 | subsections (y) and (bb) of Section 5-45 of the Illinois | ||||||
20 | Administrative Procedure Act, to implement the provisions of | ||||||
21 | this paragraph. | ||||||
22 | The General Assembly finds it necessary to authorize an | ||||||
23 | aggressive Medicaid enrollment initiative designed to maximize | ||||||
24 | federal Medicaid funding for the Community Care Program which | ||||||
25 | produces significant savings for the State of Illinois. The | ||||||
26 | Department on Aging shall establish and implement a Community |
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| |||||||
1 | Care Program Medicaid Initiative. Under the Initiative, the
| ||||||
2 | Department on Aging shall, at a minimum: (i) provide an | ||||||
3 | enhanced rate to adequately compensate care coordination units | ||||||
4 | to enroll eligible Community Care Program clients into | ||||||
5 | Medicaid; (ii) use recommendations from a stakeholder | ||||||
6 | committee on how best to implement the Initiative; and (iii) | ||||||
7 | establish requirements for State agencies to make enrollment | ||||||
8 | in the State's Medical Assistance program easier for seniors. | ||||||
9 | The Community Care Program Medicaid Enrollment Oversight | ||||||
10 | Subcommittee is created as a subcommittee of the Older Adult | ||||||
11 | Services Advisory Committee established in Section 35 of the | ||||||
12 | Older Adult Services Act to make recommendations on how best | ||||||
13 | to increase the number of medical assistance recipients who | ||||||
14 | are enrolled in the Community Care Program. The Subcommittee | ||||||
15 | shall consist of all of the following persons who must be | ||||||
16 | appointed within 30 days after the effective date of this | ||||||
17 | amendatory Act of the 100th General Assembly: | ||||||
18 | (1) The Director of Aging, or his or her designee, who | ||||||
19 | shall serve as the chairperson of the Subcommittee. | ||||||
20 | (2) One representative of the Department of Healthcare | ||||||
21 | and Family Services, appointed by the Director of | ||||||
22 | Healthcare and Family Services. | ||||||
23 | (3) One representative of the Department of Human | ||||||
24 | Services, appointed by the Secretary of Human Services. | ||||||
25 | (4) One individual representing a care coordination | ||||||
26 | unit, appointed by the Director of Aging. |
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1 | (5) One individual from a non-governmental statewide | ||||||
2 | organization that advocates for seniors, appointed by the | ||||||
3 | Director of Aging. | ||||||
4 | (6) One individual representing Area Agencies on | ||||||
5 | Aging, appointed by the Director of Aging. | ||||||
6 | (7) One individual from a statewide association | ||||||
7 | dedicated to Alzheimer's care, support, and research, | ||||||
8 | appointed by the Director of Aging. | ||||||
9 | (8) One individual from an organization that employs | ||||||
10 | persons who provide services under the Community Care | ||||||
11 | Program, appointed by the Director of Aging. | ||||||
12 | (9) One member of a trade or labor union representing | ||||||
13 | persons who provide services under the Community Care | ||||||
14 | Program, appointed by the Director of Aging. | ||||||
15 | (10) One member of the Senate, who shall serve as | ||||||
16 | co-chairperson, appointed by the President of the Senate. | ||||||
17 | (11) One member of the Senate, who shall serve as | ||||||
18 | co-chairperson, appointed by the Minority Leader of the | ||||||
19 | Senate. | ||||||
20 | (12) One member of the House of
Representatives, who | ||||||
21 | shall serve as co-chairperson, appointed by the Speaker of | ||||||
22 | the House of Representatives. | ||||||
23 | (13) One member of the House of Representatives, who | ||||||
24 | shall serve as co-chairperson, appointed by the Minority | ||||||
25 | Leader of the House of Representatives. | ||||||
26 | (14) One individual appointed by a labor organization |
| |||||||
| |||||||
1 | representing frontline employees at the Department of | ||||||
2 | Human Services. | ||||||
3 | The Subcommittee shall provide oversight to the Community | ||||||
4 | Care Program Medicaid Initiative and shall meet quarterly. At | ||||||
5 | each Subcommittee meeting the Department on Aging shall | ||||||
6 | provide the following data sets to the Subcommittee: (A) the | ||||||
7 | number of Illinois residents, categorized by planning and | ||||||
8 | service area, who are receiving services under the Community | ||||||
9 | Care Program and are enrolled in the State's Medical | ||||||
10 | Assistance Program; (B) the number of Illinois residents, | ||||||
11 | categorized by planning and service area, who are receiving | ||||||
12 | services under the Community Care Program, but are not | ||||||
13 | enrolled in the State's Medical Assistance Program; and (C) | ||||||
14 | the number of Illinois residents, categorized by planning and | ||||||
15 | service area, who are receiving services under the Community | ||||||
16 | Care Program and are eligible for benefits under the State's | ||||||
17 | Medical Assistance Program, but are not enrolled in the | ||||||
18 | State's Medical Assistance Program. In addition to this data, | ||||||
19 | the Department on Aging shall provide the Subcommittee with | ||||||
20 | plans on how the Department on Aging will reduce the number of | ||||||
21 | Illinois residents who are not enrolled in the State's Medical | ||||||
22 | Assistance Program but who are eligible for medical assistance | ||||||
23 | benefits. The Department on Aging shall enroll in the State's | ||||||
24 | Medical Assistance Program those Illinois residents who | ||||||
25 | receive services under the Community Care Program and are | ||||||
26 | eligible for medical assistance benefits but are not enrolled |
| |||||||
| |||||||
1 | in the State's Medicaid Assistance Program. The data provided | ||||||
2 | to the Subcommittee shall be made available to the public via | ||||||
3 | the Department on Aging's website. | ||||||
4 | The Department on Aging, with the involvement of the | ||||||
5 | Subcommittee, shall collaborate with the Department of Human | ||||||
6 | Services and the Department of Healthcare and Family Services | ||||||
7 | on how best to achieve the responsibilities of the Community | ||||||
8 | Care Program Medicaid Initiative. | ||||||
9 | The Department on Aging, the Department of Human Services, | ||||||
10 | and the Department of Healthcare and Family Services shall | ||||||
11 | coordinate and implement a streamlined process for seniors to | ||||||
12 | access benefits under the State's Medical Assistance Program. | ||||||
13 | The Subcommittee shall collaborate with the Department of | ||||||
14 | Human Services on the adoption of a uniform application | ||||||
15 | submission process. The Department of Human Services and any | ||||||
16 | other State agency involved with processing the medical | ||||||
17 | assistance application of any person enrolled in the Community | ||||||
18 | Care Program shall include the appropriate care coordination | ||||||
19 | unit in all communications related to the determination or | ||||||
20 | status of the application. | ||||||
21 | The Community Care Program Medicaid Initiative shall | ||||||
22 | provide targeted funding to care coordination units to help | ||||||
23 | seniors complete their applications for medical assistance | ||||||
24 | benefits. On and after July 1, 2019, care coordination units | ||||||
25 | shall receive no less than $200 per completed application, | ||||||
26 | which rate may be included in a bundled rate for initial intake |
| |||||||
| |||||||
1 | services when Medicaid application assistance is provided in | ||||||
2 | conjunction with the initial intake process for new program | ||||||
3 | participants. | ||||||
4 | The Community Care Program Medicaid Initiative shall cease | ||||||
5 | operation 5 years after the effective date of this amendatory | ||||||
6 | Act of the 100th General Assembly, after which the | ||||||
7 | Subcommittee shall dissolve. | ||||||
8 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
9 | 100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)".
|