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HB2461 Engrossed |
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LRB094 09552 DRJ 39803 b |
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| AN ACT concerning aging.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Act on the Aging is amended by |
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| changing Section 4.02 as follows:
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| (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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| Sec. 4.02. The Department shall establish a program of |
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| services to
prevent unnecessary institutionalization of |
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| persons age 60 and older in
need of long term care or who are |
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| established as persons who suffer from
Alzheimer's disease or a |
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| related disorder under the Alzheimer's Disease
Assistance Act, |
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| thereby enabling them
to remain in their own homes or in other |
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| living arrangements. Such
preventive services, which may be |
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| coordinated with other programs for the
aged and monitored by |
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| area agencies on aging in cooperation with the
Department, may |
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| include, but are not limited to, any or all of the following:
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| (a) home health services;
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| (b) home nursing services;
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| (c) homemaker services;
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| (d) chore and housekeeping services;
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| (e) day care services;
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| (f) home-delivered meals;
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| (g) education in self-care;
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| (h) personal care services;
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| (i) adult day health services;
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| (j) habilitation services;
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| (k) respite care;
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| (k-5) community reintegration services;
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| (l) other nonmedical social services that may enable |
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| the person
to become self-supporting; or
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| (m) clearinghouse for information provided by senior |
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| citizen home owners
who want to rent rooms to or share |
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HB2461 Engrossed |
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LRB094 09552 DRJ 39803 b |
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| living space with other senior citizens.
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| The Department shall establish eligibility standards for |
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| such
services taking into consideration the unique economic and |
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| social needs
of the target population for whom they are to be |
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| provided. Such eligibility
standards shall be based on the |
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| recipient's ability to pay for services;
provided, however, |
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| that in determining the amount and nature of services
for which |
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| a person may qualify, consideration shall not be given to the
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| value of cash, property or other assets held in the name of the |
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| person's
spouse pursuant to a written agreement dividing |
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| marital property into equal
but separate shares or pursuant to |
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| a transfer of the person's interest in a
home to his spouse, |
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| provided that the spouse's share of the marital
property is not |
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| made available to the person seeking such services.
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| Beginning July 1, 2002, the Department shall require as a |
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| condition of
eligibility that all financially eligible |
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| applicants and recipients apply
for medical assistance
under |
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| Article V of the Illinois Public Aid Code in accordance with |
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| rules
promulgated by the Department.
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| The Department shall, in conjunction with the Department of |
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| Public Aid,
seek appropriate amendments under Sections 1915 and |
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| 1924 of the Social
Security Act. The purpose of the amendments |
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| shall be to extend eligibility
for home and community based |
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| services under Sections 1915 and 1924 of the
Social Security |
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| Act to persons who transfer to or for the benefit of a
spouse |
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| those amounts of income and resources allowed under Section |
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| 1924 of
the Social Security Act. Subject to the approval of |
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| such amendments, the
Department shall extend the provisions of |
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| Section 5-4 of the Illinois
Public Aid Code to persons who, but |
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| for the provision of home or
community-based services, would |
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| require the level of care provided in an
institution, as is |
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| provided for in federal law. Those persons no longer
found to |
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| be eligible for receiving noninstitutional services due to |
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| changes
in the eligibility criteria shall be given 60 days |
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| notice prior to actual
termination. Those persons receiving |
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| notice of termination may contact the
Department and request |
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HB2461 Engrossed |
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LRB094 09552 DRJ 39803 b |
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| the determination be appealed at any time during the
60 day |
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| notice period. With the exception of the lengthened notice and |
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| time
frame for the appeal request, the appeal process shall |
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| follow the normal
procedure. In addition, each person affected |
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| regardless of the
circumstances for discontinued eligibility |
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| shall be given notice and the
opportunity to purchase the |
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| necessary services through the Community Care
Program. If the |
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| individual does not elect to purchase services, the
Department |
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| shall advise the individual of alternative services. The target
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| population identified for the purposes of this Section are |
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| persons age 60
and older with an identified service need. |
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| Priority shall be given to those
who are at imminent risk of |
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| institutionalization. The services shall be
provided to |
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| eligible persons age 60 and older to the extent that the cost
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| of the services together with the other personal maintenance
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| expenses of the persons are reasonably related to the standards
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| established for care in a group facility appropriate to the |
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| person's
condition. These non-institutional services, pilot |
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| projects or
experimental facilities may be provided as part of |
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| or in addition to
those authorized by federal law or those |
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| funded and administered by the
Department of Human Services. |
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| The Departments of Human Services, Public Aid,
Public Health, |
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| Veterans' Affairs, and Commerce and Economic Opportunity and
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| other appropriate agencies of State, federal and local |
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| governments shall
cooperate with the Department on Aging in the |
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| establishment and development
of the non-institutional |
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| services. The Department shall require an annual
audit from all |
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| chore/housekeeping and homemaker vendors contracting with
the |
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| Department under this Section. The annual audit shall assure |
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| that each
audited vendor's procedures are in compliance with |
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| Department's financial
reporting guidelines requiring a 27% |
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| administrative cost split and a 73%
employee wages and benefits |
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| cost split. The audit is a public record under
the Freedom of |
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| Information Act. The Department shall execute, relative to
the |
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| nursing home prescreening project, written inter-agency
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| agreements with the Department of Human Services and the |
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HB2461 Engrossed |
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LRB094 09552 DRJ 39803 b |
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| Department
of Public Aid, to effect the following: (1) intake |
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| procedures and common
eligibility criteria for those persons |
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| who are receiving non-institutional
services; and (2) the |
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| establishment and development of non-institutional
services in |
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| areas of the State where they are not currently available or |
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| are
undeveloped. On and after July 1, 1996, all nursing home |
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| prescreenings for
individuals 60 years of age or older shall be |
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| conducted by the Department.
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| As part of the Department on Aging's routine training of |
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| case managers and case manager supervisors, the Department may |
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| include information on family futures planning for persons who |
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| are age 60 or older and who are caregivers of their adult |
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| children with developmental disabilities. The content of the |
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| training shall be at the Department's discretion.
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| The Department is authorized to establish a system of |
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| recipient copayment
for services provided under this Section, |
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| such copayment to be based upon
the recipient's ability to pay |
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| but in no case to exceed the actual cost of
the services |
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| provided. Additionally, any portion of a person's income which
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| is equal to or less than the federal poverty standard shall not |
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| be
considered by the Department in determining the copayment. |
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| The level of
such copayment shall be adjusted whenever |
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| necessary to reflect any change
in the officially designated |
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| federal poverty standard.
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| The Department, or the Department's authorized |
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| representative, shall
recover the amount of moneys expended for |
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| services provided to or in
behalf of a person under this |
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| Section by a claim against the person's
estate or against the |
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| estate of the person's surviving spouse, but no
recovery may be |
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| had until after the death of the surviving spouse, if
any, and |
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| then only at such time when there is no surviving child who
is |
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| under age 21, blind, or permanently and totally disabled. This
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| paragraph, however, shall not bar recovery, at the death of the |
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| person, of
moneys for services provided to the person or in |
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| behalf of the person under
this Section to which the person was |
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| not entitled;
provided that such recovery shall not be enforced |
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HB2461 Engrossed |
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LRB094 09552 DRJ 39803 b |
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| against any real estate while
it is occupied as a homestead by |
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| the surviving spouse or other dependent, if no
claims by other |
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| creditors have been filed against the estate, or, if such
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| claims have been filed, they remain dormant for failure of |
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| prosecution or
failure of the claimant to compel administration |
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| of the estate for the purpose
of payment. This paragraph shall |
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| not bar recovery from the estate of a spouse,
under Sections |
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| 1915 and 1924 of the Social Security Act and Section 5-4 of the
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| Illinois Public Aid Code, who precedes a person receiving |
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| services under this
Section in death. All moneys for services
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| paid to or in behalf of the person under this Section shall be |
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| claimed for
recovery from the deceased spouse's estate. |
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| "Homestead", as used
in this paragraph, means the dwelling |
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| house and
contiguous real estate occupied by a surviving spouse
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| or relative, as defined by the rules and regulations of the |
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| Illinois Department
of Public Aid, regardless of the value of |
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| the property.
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| The Department shall develop procedures to enhance |
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| availability of
services on evenings, weekends, and on an |
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| emergency basis to meet the
respite needs of caregivers. |
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| Procedures shall be developed to permit the
utilization of |
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| services in successive blocks of 24 hours up to the monthly
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| maximum established by the Department. Workers providing these |
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| services
shall be appropriately trained.
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| Beginning on the effective date of this Amendatory Act of |
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| 1991, no person
may perform chore/housekeeping and homemaker |
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| services under a program
authorized by this Section unless that |
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| person has been issued a certificate
of pre-service to do so by |
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| his or her employing agency. Information
gathered to effect |
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| such certification shall include (i) the person's name,
(ii) |
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| the date the person was hired by his or her current employer, |
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| and
(iii) the training, including dates and levels. Persons |
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| engaged in the
program authorized by this Section before the |
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| effective date of this
amendatory Act of 1991 shall be issued a |
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| certificate of all pre- and
in-service training from his or her |
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| employer upon submitting the necessary
information. The |
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HB2461 Engrossed |
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LRB094 09552 DRJ 39803 b |
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| employing agency shall be required to retain records of
all |
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| staff pre- and in-service training, and shall provide such |
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| records to
the Department upon request and upon termination of |
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| the employer's contract
with the Department. In addition, the |
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| employing agency is responsible for
the issuance of |
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| certifications of in-service training completed to their
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| employees.
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| The Department is required to develop a system to ensure |
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| that persons
working as homemakers and chore housekeepers |
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| receive increases in their
wages when the federal minimum wage |
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| is increased by requiring vendors to
certify that they are |
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| meeting the federal minimum wage statute for homemakers
and |
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| chore housekeepers. An employer that cannot ensure that the |
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| minimum
wage increase is being given to homemakers and chore |
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| housekeepers
shall be denied any increase in reimbursement |
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| costs.
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| The Department on Aging and the Department of Human |
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| Services
shall cooperate in the development and submission of |
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| an annual report on
programs and services provided under this |
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| Section. Such joint report
shall be filed with the Governor and |
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| the General Assembly on or before
September 30 each year.
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| The requirement for reporting to the General Assembly shall |
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| be satisfied
by filing copies of the report with the Speaker, |
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| the Minority Leader and
the Clerk of the House of |
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| Representatives and the President, the Minority
Leader and the |
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| Secretary of the Senate and the Legislative Research Unit,
as |
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| required by Section 3.1 of the General Assembly Organization |
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| Act and
filing such additional copies with the State Government |
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| Report Distribution
Center for the General Assembly as is |
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| required under paragraph (t) of
Section 7 of the State Library |
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| Act.
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| Those persons previously found eligible for receiving |
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| non-institutional
services whose services were discontinued |
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| under the Emergency Budget Act of
Fiscal Year 1992, and who do |
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| not meet the eligibility standards in effect
on or after July |
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| 1, 1992, shall remain ineligible on and after July 1,
1992. |
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HB2461 Engrossed |
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LRB094 09552 DRJ 39803 b |
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| Those persons previously not required to cost-share and who |
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| were
required to cost-share effective March 1, 1992, shall |
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| continue to meet
cost-share requirements on and after July 1, |
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| 1992. Beginning July 1, 1992,
all clients will be required to |
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| meet
eligibility, cost-share, and other requirements and will |
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| have services
discontinued or altered when they fail to meet |
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| these requirements.
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| (Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; 93-902, |
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| eff. 8-10-04.)
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| Section 10. The Family Caregiver Act is amended by adding |
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| Section 27 as follows: |
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| (320 ILCS 65/27 new) |
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| Sec. 27. Elder caregivers of adult children with |
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| developmental disabilities. Subject to appropriation or to |
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| inclusion of this population in the federal Older Americans |
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| Act, the Department may provide support to caregivers who are |
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| age 60 or older and who are caring for their adult children |
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| with developmental disabilities, in collaboration with the |
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| Department of Human Services.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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