093_HB2221ham001 LRB093 06402 BDD 12472 a 1 AMENDMENT TO HOUSE BILL 2221 2 AMENDMENT NO. . Amend House Bill 2221 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Disabled Persons Rehabilitation Act is 5 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 8 powers 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 Investment Act of 1998, and of the federal Social Security 13 Act to the extent and in the manner provided in these Acts. 14 (b) To prescribe and supervise such courses of 15 vocational training and provide such other services as may be 16 necessary for the habilitation and rehabilitation of persons 17 with one or more disabilities, including the administrative 18 activities under subsection (e) of this Section, and to 19 co-operate with State and local school authorities and other 20 recognized agencies engaged in habilitation, rehabilitation 21 and comprehensive rehabilitation services; and to cooperate 22 with the Department of Children and Family Services regarding -2- LRB093 06402 BDD 12472 a 1 the care and education of children with one or more 2 disabilities. 3 (c) (Blank). 4 (d) To report in writing, to the Governor, annually on 5 or before the first day of December, and at such other times 6 and in such manner and upon such subjects as the Governor may 7 require. The annual report shall contain (1) a statement of 8 the existing condition of comprehensive rehabilitation 9 services, habilitation and rehabilitation in the State; (2) a 10 statement of suggestions and recommendations with reference 11 to the development of comprehensive rehabilitation services, 12 habilitation and rehabilitation in the State; and (3) an 13 itemized statement of the amounts of money received from 14 federal, State and other sources, and of the objects and 15 purposes to which the respective items of these several 16 amounts have been devoted. 17 (e) (Blank). 18 (f) To establish a program of services to prevent 19 unnecessary institutionalization of persons with Alzheimer's 20 disease and related disorders or persons in need of long term 21 care who are established as blind or disabled as defined by 22 the Social Security Act, thereby enabling them to remain in 23 their own homes or other living arrangements. Such preventive 24 services may include, but are not limited to, any or all of 25 the following: 26 (1) home health services; 27 (2) home nursing services; 28 (3) homemaker services; 29 (4) chore and housekeeping services; 30 (5) day care services; 31 (6) home-delivered meals; 32 (7) education in self-care; 33 (8) personal care services; 34 (9) adult day health services; -3- LRB093 06402 BDD 12472 a 1 (10) habilitation services; 2 (11) respite care; or 3 (12) other nonmedical social services that may 4 enable the person to become self-supporting. 5 The Department shall establish eligibility standards for 6 such services taking into consideration the unique economic 7 and social needs of the population for whom they are to be 8 provided. Such eligibility standards may be based on the 9 recipient's ability to pay for services; provided, however, 10 that any portion of a person's income that is equal to or 11 less than the "protected income" level shall not be 12 considered by the Department in determining eligibility. The 13 "protected income" level shall be determined by the 14 Department, shall never be less than the federal poverty 15 standard, and shall be adjusted each year to reflect changes 16 in the Consumer Price Index For All Urban Consumers as 17 determined by the United States Department of Labor. 18 Additionally, in determining the amount and nature of 19 services for which a person may qualify, consideration shall 20 not be given to the value of cash, property or other assets 21 held in the name of the person's spouse pursuant to a written 22 agreement dividing marital property into equal but separate 23 shares or pursuant to a transfer of the person's interest in 24 a home to his spouse, provided that the spouse's share of the 25 marital property is not made available to the person seeking 26 such services. 27 The services shall be provided to eligible persons to 28 prevent unnecessary or premature institutionalization, to the 29 extent that the cost of the services, together with the other 30 personal maintenance expenses of the persons, are reasonably 31 related to the standards established for care in a group 32 facility appropriate to their condition. These 33 non-institutional services, pilot projects or experimental 34 facilities may be provided as part of or in addition to those -4- LRB093 06402 BDD 12472 a 1 authorized by federal law or those funded and administered by 2 the Illinois Department on Aging. 3 Personal care attendants shall be paid: 4 (i) A $5 per hour minimum rate beginning July 1, 5 1995. 6 (ii) A $5.30 per hour minimum rate beginning July 7 1, 1997. 8 (iii) A $5.40 per hour minimum rate beginning July 9 1, 1998. 10 Personal care attendants and personal assistants 11 providing services under the Department's Home Services 12 Program shall be considered to be public employees covered by 13 the Illinois Public Labor Relations Act (5 ILCS 315/), and 14 the State of Illinois shall be considered to be their 15 employer under that Act. The State Panel of the Illinois 16 Labor Relations Board shall have and exercise jurisdiction 17 over personal care attendants and personal assistants under 18 the Act. If the State has recognized a labor organization as 19 the exclusive representative of personal care attendants or 20 personal assistants prior to the effective date of this 21 amendatory Act of the 93rd General Assembly, the organization 22 shall be considered to be the exclusive representative of the 23 personal care attendants or personal assistants as defined in 24 Section 3 of the Illinois Public Labor Relations Act. Nothing 25 in this paragraph shall be understood to limit the right of 26 the persons receiving services defined in this subsection to 27 hire and fire personal care attendants and personal 28 assistants or supervise them within the limitations set by 29 the Home Services Program. The State shall not be considered 30 to be the employer of personal care attendants or personal 31 assistants for purposes of vicarious liability in tort or for 32 purposes of statutory retirement or health insurance 33 benefits. Personal care attendants and personal assistants 34 shall not be covered by the State Employees Group Insurance -5- LRB093 06402 BDD 12472 a 1 Act (5 ILCS 375/). 2 The Department shall execute, relative to the nursing 3 home prescreening project, as authorized by Section 4.03 of 4 the Illinois Act on the Aging, written inter-agency 5 agreements with the Department on Aging and the Department of 6 Public Aid, to effect the following: (i) intake procedures 7 and common eligibility criteria for those persons who are 8 receiving non-institutional services; and (ii) the 9 establishment and development of non-institutional services 10 in areas of the State where they are not currently available 11 or are undeveloped. On and after July 1, 1996, all nursing 12 home prescreenings for individuals 18 through 59 years of age 13 shall be conducted by the Department. 14 The Department is authorized to establish a system of 15 recipient cost-sharing for services provided under this 16 Section. The cost-sharing shall be based upon the 17 recipient's ability to pay for services, but in no case shall 18 the recipient's share exceed the actual cost of the services 19 provided. Protected income shall not be considered by the 20 Department in its determination of the recipient's ability to 21 pay a share of the cost of services. The level of 22 cost-sharing shall be adjusted each year to reflect changes 23 in the "protected income" level. The Department shall deduct 24 from the recipient's share of the cost of services any money 25 expended by the recipient for disability-related expenses. 26 The Department, or the Department's authorized 27 representative, shall recover the amount of moneys expended 28 for services provided to or in behalf of a person under this 29 Section by a claim against the person's estate or against the 30 estate of the person's surviving spouse, but no recovery may 31 be had until after the death of the surviving spouse, if any, 32 and then only at such time when there is no surviving child 33 who is under age 21, blind, or permanently and totally 34 disabled. This paragraph, however, shall not bar recovery, -6- LRB093 06402 BDD 12472 a 1 at the death of the person, of moneys for services provided 2 to the person or in behalf of the person under this Section 3 to which the person was not entitled; provided that such 4 recovery shall not be enforced against any real estate while 5 it is occupied as a homestead by the surviving spouse or 6 other dependent, if no claims by other creditors have been 7 filed against the estate, or, if such claims have been filed, 8 they remain dormant for failure of prosecution or failure of 9 the claimant to compel administration of the estate for the 10 purpose of payment. This paragraph shall not bar recovery 11 from the estate of a spouse, under Sections 1915 and 1924 of 12 the Social Security Act and Section 5-4 of the Illinois 13 Public Aid Code, who precedes a person receiving services 14 under this Section in death. All moneys for services paid to 15 or in behalf of the person under this Section shall be 16 claimed for recovery from the deceased spouse's estate. 17 "Homestead", as used in this paragraph, means the dwelling 18 house and contiguous real estate occupied by a surviving 19 spouse or relative, as defined by the rules and regulations 20 of the Illinois Department of Public Aid, regardless of the 21 value of the property. 22 The Department and the Department on Aging shall 23 cooperate in the development and submission of an annual 24 report on programs and services provided under this Section. 25 Such joint report shall be filed with the Governor and the 26 General Assembly on or before March 30 each year. 27 The requirement for reporting to the General Assembly 28 shall be satisfied by filing copies of the report with the 29 Speaker, the Minority Leader and the Clerk of the House of 30 Representatives and the President, the Minority Leader and 31 the Secretary of the Senate and the Legislative Research 32 Unit, as required by Section 3.1 of the General Assembly 33 Organization Act, and filing additional copies with the State 34 Government Report Distribution Center for the General -7- LRB093 06402 BDD 12472 a 1 Assembly as required under paragraph (t) of Section 7 of the 2 State Library Act. 3 (g) To establish such subdivisions of the Department as 4 shall be desirable and assign to the various subdivisions the 5 responsibilities and duties placed upon the Department by 6 law. 7 (h) To cooperate and enter into any necessary agreements 8 with the Department of Employment Security for the provision 9 of job placement and job referral services to clients of the 10 Department, including job service registration of such 11 clients with Illinois Employment Security offices and making 12 job listings maintained by the Department of Employment 13 Security available to such clients. 14 (i) To possess all powers reasonable and necessary for 15 the exercise and administration of the powers, duties and 16 responsibilities of the Department which are provided for by 17 law. 18 (j) To establish a procedure whereby new providers of 19 personal care attendant services shall submit vouchers to the 20 State for payment two times during their first month of 21 employment and one time per month thereafter. In no case 22 shall the Department pay personal care attendants an hourly 23 wage that is less than the federal minimum wage. 24 (k) To provide adequate notice to providers of chore and 25 housekeeping services informing them that they are entitled 26 to an interest payment on bills which are not promptly paid 27 pursuant to Section 3 of the State Prompt Payment Act. 28 (l) To establish, operate and maintain a Statewide 29 Housing Clearinghouse of information on available, government 30 subsidized housing accessible to disabled persons and 31 available privately owned housing accessible to disabled 32 persons. The information shall include but not be limited to 33 the location, rental requirements, access features and 34 proximity to public transportation of available housing. The -8- LRB093 06402 BDD 12472 a 1 Clearinghouse shall consist of at least a computerized 2 database for the storage and retrieval of information and a 3 separate or shared toll free telephone number for use by 4 those seeking information from the Clearinghouse. Department 5 offices and personnel throughout the State shall also assist 6 in the operation of the Statewide Housing Clearinghouse. 7 Cooperation with local, State and federal housing managers 8 shall be sought and extended in order to frequently and 9 promptly update the Clearinghouse's information. 10 (m) To assure that the names and case records of persons 11 who received or are receiving services from the Department, 12 including persons receiving vocational rehabilitation, home 13 services, or other services, and those attending one of the 14 Department's schools or other supervised facility shall be 15 confidential and not be open to the general public. Those 16 case records and reports or the information contained in 17 those records and reports shall be disclosed by the Director 18 only to proper law enforcement officials, individuals 19 authorized by a court, the General Assembly or any committee 20 or commission of the General Assembly, and other persons and 21 for reasons as the Director designates by rule. Disclosure 22 by the Director may be only in accordance with other 23 applicable law. 24 (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.".