093_HB1394eng

 
HB1394 Engrossed                     LRB093 07649 BDD 07828 b

 1        AN ACT concerning preventive services.

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

 4        Section  5.   The Illinois Act on the Aging is amended by
 5    changing Section 4.02 as follows:

 6        (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
 7        Sec. 4.02.  Preventive  services.  The  Department  shall
 8    establish  a  program  of  services  to  prevent  unnecessary
 9    institutionalization  of  persons age 60 and older in need of
10    long term care or who are established as persons  who  suffer
11    from  Alzheimer's  disease  or  a  related disorder under the
12    Alzheimer's Disease Assistance Act, thereby enabling them  to
13    remain  in  their  own homes or in other living arrangements.
14    Such preventive services, which may be coordinated with other
15    programs for the aged and monitored by area agencies on aging
16    in cooperation with the Department, may include, but are  not
17    limited to, any or all of the following:
18             (a)  home health services;
19             (b)  home nursing services;
20             (c)  homemaker services;
21             (d)  chore and housekeeping services;
22             (e)  day care services;
23             (f)  home-delivered meals;
24             (g)  education in self-care;
25             (h)  personal care services;
26             (i)  adult day health services;
27             (j)  habilitation services;
28             (k)  respite care;
29             (l)  other   nonmedical  social  services  that  may
30        enable the person to become self-supporting; or
31             (m)  clearinghouse  for  information   provided   by
 
HB1394 Engrossed            -2-      LRB093 07649 BDD 07828 b
 1        senior  citizen  home owners who want to rent rooms to or
 2        share living space with other senior citizens.
 3        The Department shall establish eligibility standards  for
 4    such  services  taking into consideration the unique economic
 5    and social needs of the target population for whom  they  are
 6    to be provided.  Such eligibility standards shall be based on
 7    the  recipient's  ability  to  pay  for  services;  provided,
 8    however,  that  in  determining  the  amount  and  nature  of
 9    services  for which a person may qualify, consideration shall
10    not be given to the value of cash, property or  other  assets
11    held in the name of the person's spouse pursuant to a written
12    agreement  dividing  marital property into equal but separate
13    shares or pursuant to a transfer of the person's interest  in
14    a home to his spouse, provided that the spouse's share of the
15    marital  property is not made available to the person seeking
16    such services.
17        Beginning July 1, 2002, the Department shall require as a
18    condition of eligibility that all applicants  and  recipients
19    apply  for medical assistance under Article V of the Illinois
20    Public Aid Code in accordance with rules promulgated  by  the
21    Department.
22        The  Department shall, in conjunction with the Department
23    of Public Aid, seek  appropriate  amendments  under  Sections
24    1915 and 1924 of the Social Security Act.  The purpose of the
25    amendments  shall  be  to  extend  eligibility  for  home and
26    community based services under Sections 1915 and 1924 of  the
27    Social  Security  Act  to  persons who transfer to or for the
28    benefit of a spouse those amounts  of  income  and  resources
29    allowed  under  Section  1924  of  the  Social  Security Act.
30    Subject to the approval of such  amendments,  the  Department
31    shall  extend  the  provisions of Section 5-4 of the Illinois
32    Public Aid Code to persons who, but for the provision of home
33    or community-based services, would require the level of  care
34    provided  in  an  institution,  as is provided for in federal
 
HB1394 Engrossed            -3-      LRB093 07649 BDD 07828 b
 1    law.  Those persons  no  longer  found  to  be  eligible  for
 2    receiving  noninstitutional  services  due  to changes in the
 3    eligibility criteria shall be given 60 days notice  prior  to
 4    actual   termination.   Those  persons  receiving  notice  of
 5    termination  may  contact  the  Department  and  request  the
 6    determination be appealed at  any  time  during  the  60  day
 7    notice  period.   With the exception of the lengthened notice
 8    and time frame for the appeal  request,  the  appeal  process
 9    shall  follow the normal procedure.  In addition, each person
10    affected regardless of  the  circumstances  for  discontinued
11    eligibility  shall  be  given  notice  and the opportunity to
12    purchase the necessary services through  the  Community  Care
13    Program.   If  the  individual  does  not  elect  to purchase
14    services, the  Department  shall  advise  the  individual  of
15    alternative  services.   The target population identified for
16    the purposes of this Section are persons  age  60  and  older
17    with  an identified service need.  Priority shall be given to
18    those who are at imminent risk of institutionalization.   The
19    services  shall  be  provided  to eligible persons age 60 and
20    older to the extent that the cost of  the  services  together
21    with  the  other personal maintenance expenses of the persons
22    are reasonably related to the standards established for  care
23    in  a  group  facility appropriate to the person's condition.
24    These   non-institutional   services,   pilot   projects   or
25    experimental facilities may be provided  as  part  of  or  in
26    addition  to  those authorized by federal law or those funded
27    and administered by the Department of  Human  Services.   The
28    Departments  of  Human  Services,  Public Aid, Public Health,
29    Veterans' Affairs, and Commerce  and  Community  Affairs  and
30    other  appropriate  agencies  of  State,  federal  and  local
31    governments  shall  cooperate with the Department on Aging in
32    the establishment and development  of  the  non-institutional
33    services.   The Department shall require an annual audit from
34    all chore/housekeeping and homemaker vendors contracting with
 
HB1394 Engrossed            -4-      LRB093 07649 BDD 07828 b
 1    the Department under this Section.  The  annual  audit  shall
 2    assure   that   each   audited  vendor's  procedures  are  in
 3    compliance with Department's financial  reporting  guidelines
 4    requiring  a 27% administrative cost split and a 73% employee
 5    wages and benefits cost split.  The audit is a public  record
 6    under  the  Freedom of Information Act.  The Department shall
 7    execute, relative to the nursing home  prescreening  project,
 8    written  inter-agency agreements with the Department of Human
 9    Services and the Department of  Public  Aid,  to  effect  the
10    following:   (1)  intake  procedures  and  common eligibility
11    criteria   for    those    persons    who    are    receiving
12    non-institutional  services;  and  (2)  the establishment and
13    development of non-institutional services  in  areas  of  the
14    State   where   they  are  not  currently  available  or  are
15    undeveloped.  On and after July 1,  1996,  all  nursing  home
16    prescreenings  for individuals 60 years of age or older shall
17    be conducted by the Department.
18        The Department is authorized to  establish  a  system  of
19    recipient copayment for services provided under this Section,
20    such  copayment  to  be based upon the recipient's ability to
21    pay but in no case to exceed the actual cost of the  services
22    provided.  Additionally,  any  portion  of  a person's income
23    which is equal to or less than the federal  poverty  standard
24    shall  not be considered by the Department in determining the
25    copayment.  The level of such  copayment  shall  be  adjusted
26    whenever  necessary  to  reflect any change in the officially
27    designated federal poverty standard.
28        The   Department,   or   the   Department's    authorized
29    representative,  shall  recover the amount of moneys expended
30    for services provided to or in behalf of a person under  this
31    Section by a claim against the person's estate or against the
32    estate  of the person's surviving spouse, but no recovery may
33    be had until after the death of the surviving spouse, if any,
34    and then only at such time when there is no  surviving  child
 
HB1394 Engrossed            -5-      LRB093 07649 BDD 07828 b
 1    who  is  under  age  21,  blind,  or  permanently and totally
 2    disabled.  This paragraph, however, shall not  bar  recovery,
 3    at  the  death of the person, of moneys for services provided
 4    to the person or in behalf of the person under  this  Section
 5    to  which  the  person  was  not entitled; provided that such
 6    recovery shall not be enforced against any real estate  while
 7    it  is  occupied  as  a  homestead by the surviving spouse or
 8    other dependent, if no claims by other  creditors  have  been
 9    filed against the estate, or, if such claims have been filed,
10    they  remain dormant for failure of prosecution or failure of
11    the claimant to compel administration of the estate  for  the
12    purpose  of  payment.   This paragraph shall not bar recovery
13    from the estate of a spouse, under Sections 1915 and 1924  of
14    the  Social  Security  Act  and  Section  5-4 of the Illinois
15    Public Aid Code, who precedes  a  person  receiving  services
16    under this Section in death.  All moneys for services paid to
17    or  in  behalf  of  the  person  under  this Section shall be
18    claimed for  recovery  from  the  deceased  spouse's  estate.
19    "Homestead",  as  used  in this paragraph, means the dwelling
20    house and contiguous real  estate  occupied  by  a  surviving
21    spouse  or  relative, as defined by the rules and regulations
22    of the Illinois Department of Public Aid, regardless  of  the
23    value of the property.
24        The   Department  shall  develop  procedures  to  enhance
25    availability of services on evenings,  weekends,  and  on  an
26    emergency  basis  to  meet  the  respite needs of caregivers.
27    Procedures shall be developed to permit  the  utilization  of
28    services  in  successive blocks of 24 hours up to the monthly
29    maximum established by the  Department.    Workers  providing
30    these services shall be appropriately trained.
31        Beginning on the effective date of this Amendatory Act of
32    1991,  no person may perform chore/housekeeping and homemaker
33    services under a program authorized by  this  Section  unless
34    that  person  has been issued a certificate of pre-service to
 
HB1394 Engrossed            -6-      LRB093 07649 BDD 07828 b
 1    do so by his or her employing agency.   Information  gathered
 2    to  effect  such certification shall include (i) the person's
 3    name, (ii) the date the  person  was  hired  by  his  or  her
 4    current employer, and (iii) the training, including dates and
 5    levels.   Persons  engaged  in the program authorized by this
 6    Section before the effective date of this amendatory  Act  of
 7    1991 shall be issued a certificate of all pre- and in-service
 8    training  from  his  or  her  employer  upon  submitting  the
 9    necessary   information.    The  employing  agency  shall  be
10    required to retain records of all staff pre-  and  in-service
11    training,  and  shall  provide such records to the Department
12    upon request and upon termination of the employer's  contract
13    with  the  Department.   In addition, the employing agency is
14    responsible for the issuance of certifications of  in-service
15    training completed to their employees.
16        The  Department is required to develop a system to ensure
17    that persons working as  homemakers  and  chore  housekeepers
18    receive  increases  in  their  wages when the federal minimum
19    wage is increased by requiring vendors to certify  that  they
20    are  meeting  the federal minimum wage statute for homemakers
21    and chore housekeepers.  An employer that cannot ensure  that
22    the  minimum  wage  increase is being given to homemakers and
23    chore  housekeepers  shall  be   denied   any   increase   in
24    reimbursement  costs.  Beginning  July  1,  2003, the vendors
25    shall receive a rate increase equal to the  percent  increase
26    in the federal or State minimum wage each time the federal or
27    State minimum wage is increased.
28        The  Department  on  Aging  and  the  Department of Human
29    Services shall cooperate in the development and submission of
30    an annual report on programs and services provided under this
31    Section.  Such joint report shall be filed with the  Governor
32    and the General Assembly on or before September 30 each year.
33        The  requirement  for  reporting  to the General Assembly
34    shall be satisfied by filing copies of the  report  with  the
 
HB1394 Engrossed            -7-      LRB093 07649 BDD 07828 b
 1    Speaker,  the  Minority  Leader and the Clerk of the House of
 2    Representatives and the President, the  Minority  Leader  and
 3    the  Secretary  of  the  Senate  and the Legislative Research
 4    Unit, as required by Section  3.1  of  the  General  Assembly
 5    Organization  Act  and filing such additional copies with the
 6    State Government Report Distribution Center for  the  General
 7    Assembly  as  is required under paragraph (t) of Section 7 of
 8    the State Library Act.
 9        Those persons previously  found  eligible  for  receiving
10    non-institutional  services  whose services were discontinued
11    under the Emergency Budget Act of Fiscal Year 1992,  and  who
12    do  not  meet the eligibility standards in effect on or after
13    July 1, 1992, shall remain ineligible on and  after  July  1,
14    1992.   Those  persons  previously not required to cost-share
15    and who were required to cost-share effective March 1,  1992,
16    shall  continue  to meet cost-share requirements on and after
17    July 1, 1992.  Beginning July 1, 1992, all  clients  will  be
18    required   to   meet   eligibility,   cost-share,  and  other
19    requirements and will have services discontinued  or  altered
20    when they fail to meet these requirements.
21    (Source:  P.A.  91-303,  eff.  1-1-00;  91-798,  eff. 7-9-00;
22    92-597, eff. 6-28-02.)

23        Section 10.  The Disabled Persons Rehabilitation  Act  is
24    amended by changing Section 3 as follows:

25        (20 ILCS 2405/3) (from Ch. 23, par. 3434)
26        Sec. 3.  Powers and duties. The Department shall have the
27    powers and duties enumerated herein:
28        (a)  To  co-operate  with  the  federal government in the
29    administration   of   the   provisions   of    the    federal
30    Rehabilitation  Act  of  1973,  as  amended, of the Workforce
31    Investment Act of 1998, and of the  federal  Social  Security
32    Act to the extent and in the manner provided in these Acts.
 
HB1394 Engrossed            -8-      LRB093 07649 BDD 07828 b
 1        (b)  To   prescribe   and   supervise   such  courses  of
 2    vocational training and provide such other services as may be
 3    necessary for the habilitation and rehabilitation of  persons
 4    with  one  or more disabilities, including the administrative
 5    activities under subsection  (e)  of  this  Section,  and  to
 6    co-operate  with State and local school authorities and other
 7    recognized agencies engaged in  habilitation,  rehabilitation
 8    and  comprehensive  rehabilitation services; and to cooperate
 9    with the Department of Children and Family Services regarding
10    the  care  and  education  of  children  with  one  or   more
11    disabilities.
12        (c)  (Blank).
13        (d)  To  report  in writing, to the Governor, annually on
14    or before the first day of December, and at such other  times
15    and in such manner and upon such subjects as the Governor may
16    require.   The annual report shall contain (1) a statement of
17    the  existing  condition  of   comprehensive   rehabilitation
18    services, habilitation and rehabilitation in the State; (2) a
19    statement  of  suggestions and recommendations with reference
20    to the development of comprehensive rehabilitation  services,
21    habilitation  and  rehabilitation  in  the  State; and (3) an
22    itemized statement of the  amounts  of  money  received  from
23    federal,  State  and  other  sources,  and of the objects and
24    purposes to which  the  respective  items  of  these  several
25    amounts have been devoted.
26        (e)  (Blank).
27        (f)  To  establish  a  program  of  services  to  prevent
28    unnecessary  institutionalization of persons with Alzheimer's
29    disease and related disorders or persons in need of long term
30    care who are established as blind or disabled as  defined  by
31    the  Social  Security Act, thereby enabling them to remain in
32    their own homes or other living arrangements. Such preventive
33    services may include, but are not limited to, any or  all  of
34    the following:
 
HB1394 Engrossed            -9-      LRB093 07649 BDD 07828 b
 1             (1)  home health services;
 2             (2)  home nursing services;
 3             (3)  homemaker services;
 4             (4)  chore and housekeeping services;
 5             (5)  day care services;
 6             (6)  home-delivered meals;
 7             (7)  education in self-care;
 8             (8)  personal care services;
 9             (9)  adult day health services;
10             (10)  habilitation services;
11             (11)  respite care; or
12             (12)  other  nonmedical  social  services  that  may
13        enable the person to become self-supporting.
14        The  Department shall establish eligibility standards for
15    such services taking into consideration the  unique  economic
16    and  social  needs  of the population for whom they are to be
17    provided.  Such eligibility standards may  be  based  on  the
18    recipient's  ability  to pay for services; provided, however,
19    that any portion of a person's income that  is  equal  to  or
20    less   than   the  "protected  income"  level  shall  not  be
21    considered by the Department in determining eligibility.  The
22    "protected  income"  level  shall  be   determined   by   the
23    Department,  shall  never  be  less  than the federal poverty
24    standard, and shall be adjusted each year to reflect  changes
25    in  the  Consumer  Price  Index  For  All  Urban Consumers as
26    determined  by  the  United  States  Department   of   Labor.
27    Additionally,   in  determining  the  amount  and  nature  of
28    services for which a person may qualify, consideration  shall
29    not  be  given to the value of cash, property or other assets
30    held in the name of the person's spouse pursuant to a written
31    agreement dividing marital property into equal  but  separate
32    shares  or pursuant to a transfer of the person's interest in
33    a home to his spouse, provided that the spouse's share of the
34    marital property is not made available to the person  seeking
 
HB1394 Engrossed            -10-     LRB093 07649 BDD 07828 b
 1    such services.
 2        The  services  shall  be  provided to eligible persons to
 3    prevent unnecessary or premature institutionalization, to the
 4    extent that the cost of the services, together with the other
 5    personal maintenance expenses of the persons, are  reasonably
 6    related  to  the  standards  established  for care in a group
 7    facility   appropriate    to    their    condition.     These
 8    non-institutional  services,  pilot  projects or experimental
 9    facilities may be provided as part of or in addition to those
10    authorized by federal law or those funded and administered by
11    the Illinois Department on Aging.
12        Personal care attendants shall be paid:
13             (i)  A $5 per hour minimum rate  beginning  July  1,
14        1995.
15             (ii)  A  $5.30  per hour minimum rate beginning July
16        1, 1997.
17             (iii)  A $5.40 per hour minimum rate beginning  July
18        1, 1998.
19    Beginning  July  1,  2003,  personal  care  attendants  shall
20    receive  a  percentage increase in wages equal to the percent
21    increase in the federal or State minimum wage each  time  the
22    federal or State minimum wage is increased.
23        The  Department  shall  execute,  relative to the nursing
24    home prescreening project, as authorized by Section  4.03  of
25    the   Illinois   Act   on  the  Aging,  written  inter-agency
26    agreements with the Department on Aging and the Department of
27    Public Aid, to effect the following:  (i)  intake  procedures
28    and  common  eligibility  criteria  for those persons who are
29    receiving   non-institutional   services;   and   (ii)    the
30    establishment  and  development of non-institutional services
31    in areas of the State where they are not currently  available
32    or  are  undeveloped.  On and after July 1, 1996, all nursing
33    home prescreenings for individuals 18 through 59 years of age
34    shall be conducted by the Department.
 
HB1394 Engrossed            -11-     LRB093 07649 BDD 07828 b
 1        The Department is authorized to  establish  a  system  of
 2    recipient  cost-sharing  for  services  provided  under  this
 3    Section.    The   cost-sharing   shall   be  based  upon  the
 4    recipient's ability to pay for services, but in no case shall
 5    the recipient's share exceed the actual cost of the  services
 6    provided.   Protected  income  shall not be considered by the
 7    Department in its determination of the recipient's ability to
 8    pay  a  share  of  the  cost  of  services.   The  level   of
 9    cost-sharing  shall  be adjusted each year to reflect changes
10    in the "protected income" level.  The Department shall deduct
11    from the recipient's share of the cost of services any  money
12    expended by the recipient for disability-related expenses.
13        The    Department,   or   the   Department's   authorized
14    representative, shall recover the amount of  moneys  expended
15    for  services provided to or in behalf of a person under this
16    Section by a claim against the person's estate or against the
17    estate of the person's surviving spouse, but no recovery  may
18    be had until after the death of the surviving spouse, if any,
19    and  then  only at such time when there is no surviving child
20    who is under  age  21,  blind,  or  permanently  and  totally
21    disabled.   This  paragraph, however, shall not bar recovery,
22    at the death of the person, of moneys for  services  provided
23    to  the  person or in behalf of the person under this Section
24    to which the person was  not  entitled;  provided  that  such
25    recovery  shall not be enforced against any real estate while
26    it is occupied as a homestead  by  the  surviving  spouse  or
27    other  dependent,  if  no claims by other creditors have been
28    filed against the estate, or, if such claims have been filed,
29    they remain dormant for failure of prosecution or failure  of
30    the  claimant  to compel administration of the estate for the
31    purpose of payment.  This paragraph shall  not  bar  recovery
32    from  the estate of a spouse, under Sections 1915 and 1924 of
33    the Social Security Act  and  Section  5-4  of  the  Illinois
34    Public  Aid  Code,  who  precedes a person receiving services
 
HB1394 Engrossed            -12-     LRB093 07649 BDD 07828 b
 1    under this Section in death.  All moneys for services paid to
 2    or in behalf of  the  person  under  this  Section  shall  be
 3    claimed  for  recovery  from  the  deceased  spouse's estate.
 4    "Homestead", as used in this paragraph,  means  the  dwelling
 5    house  and  contiguous  real  estate  occupied by a surviving
 6    spouse or relative, as defined by the rules  and  regulations
 7    of  the  Illinois Department of Public Aid, regardless of the
 8    value of the property.
 9        The  Department  and  the  Department  on   Aging   shall
10    cooperate  in  the  development  and  submission of an annual
11    report on programs and services provided under this  Section.
12    Such  joint  report  shall be filed with the Governor and the
13    General Assembly on or before March 30 each year.
14        The requirement for reporting  to  the  General  Assembly
15    shall  be  satisfied  by filing copies of the report with the
16    Speaker, the Minority Leader and the Clerk of  the  House  of
17    Representatives  and  the  President, the Minority Leader and
18    the Secretary of the  Senate  and  the  Legislative  Research
19    Unit,  as  required  by  Section  3.1 of the General Assembly
20    Organization Act, and filing additional copies with the State
21    Government  Report  Distribution  Center  for   the   General
22    Assembly  as required under paragraph (t) of Section 7 of the
23    State Library Act.
24        (g)  To establish such subdivisions of the Department  as
25    shall be desirable and assign to the various subdivisions the
26    responsibilities  and  duties  placed  upon the Department by
27    law.
28        (h)  To cooperate and enter into any necessary agreements
29    with the Department of Employment Security for the  provision
30    of  job placement and job referral services to clients of the
31    Department,  including  job  service  registration  of   such
32    clients  with Illinois Employment Security offices and making
33    job listings  maintained  by  the  Department  of  Employment
34    Security available to such clients.
 
HB1394 Engrossed            -13-     LRB093 07649 BDD 07828 b
 1        (i)  To  possess  all powers reasonable and necessary for
 2    the exercise and administration of  the  powers,  duties  and
 3    responsibilities  of the Department which are provided for by
 4    law.
 5        (j)  To establish a procedure whereby  new  providers  of
 6    personal care attendant services shall submit vouchers to the
 7    State  for  payment  two  times  during  their first month of
 8    employment and one time per month  thereafter.   In  no  case
 9    shall  the  Department pay personal care attendants an hourly
10    wage that is less than the federal minimum wage.
11        (k)  To provide adequate notice to providers of chore and
12    housekeeping services informing them that they  are  entitled
13    to  an  interest payment on bills which are not promptly paid
14    pursuant to Section 3 of the State Prompt Payment Act.
15        (l)  To  establish,  operate  and  maintain  a  Statewide
16    Housing Clearinghouse of information on available, government
17    subsidized  housing  accessible  to  disabled   persons   and
18    available  privately  owned  housing  accessible  to disabled
19    persons.  The information shall include but not be limited to
20    the  location,  rental  requirements,  access  features   and
21    proximity to public transportation of available housing.  The
22    Clearinghouse  shall  consist  of  at  least  a  computerized
23    database  for  the storage and retrieval of information and a
24    separate or shared toll free  telephone  number  for  use  by
25    those seeking information from the Clearinghouse.  Department
26    offices  and personnel throughout the State shall also assist
27    in the operation  of  the  Statewide  Housing  Clearinghouse.
28    Cooperation  with  local,  State and federal housing managers
29    shall be sought and  extended  in  order  to  frequently  and
30    promptly update the Clearinghouse's information.
31        (m)  To assure that the names and case records of persons
32    who  received  or are receiving services from the Department,
33    including persons receiving vocational  rehabilitation,  home
34    services,  or  other services, and those attending one of the
 
HB1394 Engrossed            -14-     LRB093 07649 BDD 07828 b
 1    Department's schools or other supervised  facility  shall  be
 2    confidential  and  not  be open to the general public.  Those
 3    case records and reports  or  the  information  contained  in
 4    those  records and reports shall be disclosed by the Director
 5    only  to  proper  law  enforcement   officials,   individuals
 6    authorized  by a court, the General Assembly or any committee
 7    or commission of the General Assembly, and other persons  and
 8    for  reasons  as the Director designates by rule.  Disclosure
 9    by  the  Director  may  be  only  in  accordance  with  other
10    applicable law.
11    (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.)

12        Section 99.  Effective date.  This Act takes effect  July
13    1, 2003.