98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5380

 

Introduced , by Rep. Luis Arroyo

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 105/4.02  from Ch. 23, par. 6104.02
20 ILCS 2405/3  from Ch. 23, par. 3434

    Amends the Illinois Act on the Aging. In provisions concerning the Department on Aging's Community Care Program, provides that in no case shall home care aides be paid an hourly wage that is less than $10.25. Amends the Disabled Persons Rehabilitation Act. In provisions concerning the Department of Human Services' Home Services Program, provides that in no case shall the Department pay personal assistants an hourly wage that is less than $10.25 (instead of less than the federal minimum wage).


LRB098 16527 JLS 51595 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5380LRB098 16527 JLS 51595 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Act on the Aging is amended by
5changing Section 4.02 as follows:
 
6    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
7    Sec. 4.02. Community Care Program. The Department shall
8establish a program of services to prevent unnecessary
9institutionalization of persons age 60 and older in need of
10long term care or who are established as persons who suffer
11from Alzheimer's disease or a related disorder under the
12Alzheimer's Disease Assistance Act, thereby enabling them to
13remain in their own homes or in other living arrangements. Such
14preventive services, which may be coordinated with other
15programs for the aged and monitored by area agencies on aging
16in cooperation with the Department, may include, but are not
17limited to, any or all of the following:
18        (a) (blank);
19        (b) (blank);
20        (c) home care aide services;
21        (d) personal assistant services;
22        (e) adult day services;
23        (f) home-delivered meals;

 

 

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1        (g) education in self-care;
2        (h) personal care services;
3        (i) adult day health services;
4        (j) habilitation services;
5        (k) respite care;
6        (k-5) community reintegration services;
7        (k-6) flexible senior services;
8        (k-7) medication management;
9        (k-8) emergency home response;
10        (l) other nonmedical social services that may enable
11    the person to become self-supporting; or
12        (m) clearinghouse for information provided by senior
13    citizen home owners who want to rent rooms to or share
14    living space with other senior citizens.
15    The Department shall establish eligibility standards for
16such services. In determining the amount and nature of services
17for which a person may qualify, consideration shall not be
18given to the value of cash, property or other assets held in
19the name of the person's spouse pursuant to a written agreement
20dividing marital property into equal but separate shares or
21pursuant to a transfer of the person's interest in a home to
22his spouse, provided that the spouse's share of the marital
23property is not made available to the person seeking such
24services.
25    Beginning January 1, 2008, the Department shall require as
26a condition of eligibility that all new financially eligible

 

 

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1applicants apply for and enroll in medical assistance under
2Article V of the Illinois Public Aid Code in accordance with
3rules promulgated by the Department.
4    The Department shall, in conjunction with the Department of
5Public Aid (now Department of Healthcare and Family Services),
6seek appropriate amendments under Sections 1915 and 1924 of the
7Social Security Act. The purpose of the amendments shall be to
8extend eligibility for home and community based services under
9Sections 1915 and 1924 of the Social Security Act to persons
10who transfer to or for the benefit of a spouse those amounts of
11income and resources allowed under Section 1924 of the Social
12Security Act. Subject to the approval of such amendments, the
13Department shall extend the provisions of Section 5-4 of the
14Illinois Public Aid Code to persons who, but for the provision
15of home or community-based services, would require the level of
16care provided in an institution, as is provided for in federal
17law. Those persons no longer found to be eligible for receiving
18noninstitutional services due to changes in the eligibility
19criteria shall be given 45 days notice prior to actual
20termination. Those persons receiving notice of termination may
21contact the Department and request the determination be
22appealed at any time during the 45 day notice period. The
23target population identified for the purposes of this Section
24are persons age 60 and older with an identified service need.
25Priority shall be given to those who are at imminent risk of
26institutionalization. The services shall be provided to

 

 

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1eligible persons age 60 and older to the extent that the cost
2of the services together with the other personal maintenance
3expenses of the persons are reasonably related to the standards
4established for care in a group facility appropriate to the
5person's condition. These non-institutional services, pilot
6projects or experimental facilities may be provided as part of
7or in addition to those authorized by federal law or those
8funded and administered by the Department of Human Services.
9The Departments of Human Services, Healthcare and Family
10Services, Public Health, Veterans' Affairs, and Commerce and
11Economic Opportunity and other appropriate agencies of State,
12federal and local governments shall cooperate with the
13Department on Aging in the establishment and development of the
14non-institutional services. The Department shall require an
15annual audit from all personal assistant and home care aide
16vendors contracting with the Department under this Section. The
17annual audit shall assure that each audited vendor's procedures
18are in compliance with Department's financial reporting
19guidelines requiring an administrative and employee wage and
20benefits cost split as defined in administrative rules. The
21audit is a public record under the Freedom of Information Act.
22The Department shall execute, relative to the nursing home
23prescreening project, written inter-agency agreements with the
24Department of Human Services and the Department of Healthcare
25and Family Services, to effect the following: (1) intake
26procedures and common eligibility criteria for those persons

 

 

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1who are receiving non-institutional services; and (2) the
2establishment and development of non-institutional services in
3areas of the State where they are not currently available or
4are undeveloped. On and after July 1, 1996, all nursing home
5prescreenings for individuals 60 years of age or older shall be
6conducted by the Department.
7    As part of the Department on Aging's routine training of
8case managers and case manager supervisors, the Department may
9include information on family futures planning for persons who
10are age 60 or older and who are caregivers of their adult
11children with developmental disabilities. The content of the
12training shall be at the Department's discretion.
13    The Department is authorized to establish a system of
14recipient copayment for services provided under this Section,
15such copayment to be based upon the recipient's ability to pay
16but in no case to exceed the actual cost of the services
17provided. Additionally, any portion of a person's income which
18is equal to or less than the federal poverty standard shall not
19be considered by the Department in determining the copayment.
20The level of such copayment shall be adjusted whenever
21necessary to reflect any change in the officially designated
22federal poverty standard.
23    The Department, or the Department's authorized
24representative, may recover the amount of moneys expended for
25services provided to or in behalf of a person under this
26Section by a claim against the person's estate or against the

 

 

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1estate of the person's surviving spouse, but no recovery may be
2had until after the death of the surviving spouse, if any, and
3then only at such time when there is no surviving child who is
4under age 21, blind, or permanently and totally disabled. This
5paragraph, however, shall not bar recovery, at the death of the
6person, of moneys for services provided to the person or in
7behalf of the person under this Section to which the person was
8not entitled; provided that such recovery shall not be enforced
9against any real estate while it is occupied as a homestead by
10the surviving spouse or other dependent, if no claims by other
11creditors have been filed against the estate, or, if such
12claims have been filed, they remain dormant for failure of
13prosecution or failure of the claimant to compel administration
14of the estate for the purpose of payment. This paragraph shall
15not bar recovery from the estate of a spouse, under Sections
161915 and 1924 of the Social Security Act and Section 5-4 of the
17Illinois Public Aid Code, who precedes a person receiving
18services under this Section in death. All moneys for services
19paid to or in behalf of the person under this Section shall be
20claimed for recovery from the deceased spouse's estate.
21"Homestead", as used in this paragraph, means the dwelling
22house and contiguous real estate occupied by a surviving spouse
23or relative, as defined by the rules and regulations of the
24Department of Healthcare and Family Services, regardless of the
25value of the property.
26    The Department shall increase the effectiveness of the

 

 

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1existing Community Care Program by:
2        (1) ensuring that in-home services included in the care
3    plan are available on evenings and weekends;
4        (2) ensuring that care plans contain the services that
5    eligible participants need based on the number of days in a
6    month, not limited to specific blocks of time, as
7    identified by the comprehensive assessment tool selected
8    by the Department for use statewide, not to exceed the
9    total monthly service cost maximum allowed for each
10    service; the Department shall develop administrative rules
11    to implement this item (2);
12        (3) ensuring that the participants have the right to
13    choose the services contained in their care plan and to
14    direct how those services are provided, based on
15    administrative rules established by the Department;
16        (4) ensuring that the determination of need tool is
17    accurate in determining the participants' level of need; to
18    achieve this, the Department, in conjunction with the Older
19    Adult Services Advisory Committee, shall institute a study
20    of the relationship between the Determination of Need
21    scores, level of need, service cost maximums, and the
22    development and utilization of service plans no later than
23    May 1, 2008; findings and recommendations shall be
24    presented to the Governor and the General Assembly no later
25    than January 1, 2009; recommendations shall include all
26    needed changes to the service cost maximums schedule and

 

 

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1    additional covered services;
2        (5) ensuring that homemakers can provide personal care
3    services that may or may not involve contact with clients,
4    including but not limited to:
5            (A) bathing;
6            (B) grooming;
7            (C) toileting;
8            (D) nail care;
9            (E) transferring;
10            (F) respiratory services;
11            (G) exercise; or
12            (H) positioning;
13        (6) ensuring that homemaker program vendors are not
14    restricted from hiring homemakers who are family members of
15    clients or recommended by clients; the Department may not,
16    by rule or policy, require homemakers who are family
17    members of clients or recommended by clients to accept
18    assignments in homes other than the client;
19        (7) ensuring that the State may access maximum federal
20    matching funds by seeking approval for the Centers for
21    Medicare and Medicaid Services for modifications to the
22    State's home and community based services waiver and
23    additional waiver opportunities, including applying for
24    enrollment in the Balance Incentive Payment Program by May
25    1, 2013, in order to maximize federal matching funds; this
26    shall include, but not be limited to, modification that

 

 

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1    reflects all changes in the Community Care Program services
2    and all increases in the services cost maximum;
3        (8) ensuring that the determination of need tool
4    accurately reflects the service needs of individuals with
5    Alzheimer's disease and related dementia disorders;
6        (9) ensuring that services are authorized accurately
7    and consistently for the Community Care Program (CCP); the
8    Department shall implement a Service Authorization policy
9    directive; the purpose shall be to ensure that eligibility
10    and services are authorized accurately and consistently in
11    the CCP program; the policy directive shall clarify service
12    authorization guidelines to Care Coordination Units and
13    Community Care Program providers no later than May 1, 2013;
14        (10) working in conjunction with Care Coordination
15    Units, the Department of Healthcare and Family Services,
16    the Department of Human Services, Community Care Program
17    providers, and other stakeholders to make improvements to
18    the Medicaid claiming processes and the Medicaid
19    enrollment procedures or requirements as needed,
20    including, but not limited to, specific policy changes or
21    rules to improve the up-front enrollment of participants in
22    the Medicaid program and specific policy changes or rules
23    to insure more prompt submission of bills to the federal
24    government to secure maximum federal matching dollars as
25    promptly as possible; the Department on Aging shall have at
26    least 3 meetings with stakeholders by January 1, 2014 in

 

 

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1    order to address these improvements;
2        (11) requiring home care service providers to comply
3    with the rounding of hours worked provisions under the
4    federal Fair Labor Standards Act (FLSA) and as set forth in
5    29 CFR 785.48(b) by May 1, 2013;
6        (12) implementing any necessary policy changes or
7    promulgating any rules, no later than January 1, 2014, to
8    assist the Department of Healthcare and Family Services in
9    moving as many participants as possible, consistent with
10    federal regulations, into coordinated care plans if a care
11    coordination plan that covers long term care is available
12    in the recipient's area; and
13        (13) maintaining fiscal year 2014 rates at the same
14    level established on January 1, 2013.
15    By January 1, 2009 or as soon after the end of the Cash and
16Counseling Demonstration Project as is practicable, the
17Department may, based on its evaluation of the demonstration
18project, promulgate rules concerning personal assistant
19services, to include, but need not be limited to,
20qualifications, employment screening, rights under fair labor
21standards, training, fiduciary agent, and supervision
22requirements. All applicants shall be subject to the provisions
23of the Health Care Worker Background Check Act.
24    The Department shall develop procedures to enhance
25availability of services on evenings, weekends, and on an
26emergency basis to meet the respite needs of caregivers.

 

 

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1Procedures shall be developed to permit the utilization of
2services in successive blocks of 24 hours up to the monthly
3maximum established by the Department. Workers providing these
4services shall be appropriately trained.
5    Beginning on the effective date of this Amendatory Act of
61991, no person may perform chore/housekeeping and home care
7aide services under a program authorized by this Section unless
8that person has been issued a certificate of pre-service to do
9so by his or her employing agency. Information gathered to
10effect such certification shall include (i) the person's name,
11(ii) the date the person was hired by his or her current
12employer, and (iii) the training, including dates and levels.
13Persons engaged in the program authorized by this Section
14before the effective date of this amendatory Act of 1991 shall
15be issued a certificate of all pre- and in-service training
16from his or her employer upon submitting the necessary
17information. The employing agency shall be required to retain
18records of all staff pre- and in-service training, and shall
19provide such records to the Department upon request and upon
20termination of the employer's contract with the Department. In
21addition, the employing agency is responsible for the issuance
22of certifications of in-service training completed to their
23employees.
24    The Department is required to develop a system to ensure
25that persons working as home care aides and personal assistants
26receive increases in their wages when the federal minimum wage

 

 

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1is increased by requiring vendors to certify that they are
2meeting the federal minimum wage statute for home care aides
3and personal assistants. An employer that cannot ensure that
4the minimum wage increase is being given to home care aides and
5personal assistants shall be denied any increase in
6reimbursement costs. Notwithstanding any other provision of
7this Section, in no case shall home care aides be paid an
8hourly wage that is less than $10.25.
9    The Community Care Program Advisory Committee is created in
10the Department on Aging. The Director shall appoint individuals
11to serve in the Committee, who shall serve at their own
12expense. Members of the Committee must abide by all applicable
13ethics laws. The Committee shall advise the Department on
14issues related to the Department's program of services to
15prevent unnecessary institutionalization. The Committee shall
16meet on a bi-monthly basis and shall serve to identify and
17advise the Department on present and potential issues affecting
18the service delivery network, the program's clients, and the
19Department and to recommend solution strategies. Persons
20appointed to the Committee shall be appointed on, but not
21limited to, their own and their agency's experience with the
22program, geographic representation, and willingness to serve.
23The Director shall appoint members to the Committee to
24represent provider, advocacy, policy research, and other
25constituencies committed to the delivery of high quality home
26and community-based services to older adults. Representatives

 

 

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1shall be appointed to ensure representation from community care
2providers including, but not limited to, adult day service
3providers, homemaker providers, case coordination and case
4management units, emergency home response providers, statewide
5trade or labor unions that represent home care aides and direct
6care staff, area agencies on aging, adults over age 60,
7membership organizations representing older adults, and other
8organizational entities, providers of care, or individuals
9with demonstrated interest and expertise in the field of home
10and community care as determined by the Director.
11    Nominations may be presented from any agency or State
12association with interest in the program. The Director, or his
13or her designee, shall serve as the permanent co-chair of the
14advisory committee. One other co-chair shall be nominated and
15approved by the members of the committee on an annual basis.
16Committee members' terms of appointment shall be for 4 years
17with one-quarter of the appointees' terms expiring each year. A
18member shall continue to serve until his or her replacement is
19named. The Department shall fill vacancies that have a
20remaining term of over one year, and this replacement shall
21occur through the annual replacement of expiring terms. The
22Director shall designate Department staff to provide technical
23assistance and staff support to the committee. Department
24representation shall not constitute membership of the
25committee. All Committee papers, issues, recommendations,
26reports, and meeting memoranda are advisory only. The Director,

 

 

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1or his or her designee, shall make a written report, as
2requested by the Committee, regarding issues before the
3Committee.
4    The Department on Aging and the Department of Human
5Services shall cooperate in the development and submission of
6an annual report on programs and services provided under this
7Section. Such joint report shall be filed with the Governor and
8the General Assembly on or before September 30 each year.
9    The requirement for reporting to the General Assembly shall
10be satisfied by filing copies of the report with the Speaker,
11the Minority Leader and the Clerk of the House of
12Representatives and the President, the Minority Leader and the
13Secretary of the Senate and the Legislative Research Unit, as
14required by Section 3.1 of the General Assembly Organization
15Act and filing such additional copies with the State Government
16Report Distribution Center for the General Assembly as is
17required under paragraph (t) of Section 7 of the State Library
18Act.
19    Those persons previously found eligible for receiving
20non-institutional services whose services were discontinued
21under the Emergency Budget Act of Fiscal Year 1992, and who do
22not meet the eligibility standards in effect on or after July
231, 1992, shall remain ineligible on and after July 1, 1992.
24Those persons previously not required to cost-share and who
25were required to cost-share effective March 1, 1992, shall
26continue to meet cost-share requirements on and after July 1,

 

 

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11992. Beginning July 1, 1992, all clients will be required to
2meet eligibility, cost-share, and other requirements and will
3have services discontinued or altered when they fail to meet
4these requirements.
5    For the purposes of this Section, "flexible senior
6services" refers to services that require one-time or periodic
7expenditures including, but not limited to, respite care, home
8modification, assistive technology, housing assistance, and
9transportation.
10    The Department shall implement an electronic service
11verification based on global positioning systems or other
12cost-effective technology for the Community Care Program no
13later than January 1, 2014.
14    The Department shall require, as a condition of
15eligibility, enrollment in the medical assistance program
16under Article V of the Illinois Public Aid Code (i) beginning
17August 1, 2013, if the Auditor General has reported that the
18Department has failed to comply with the reporting requirements
19of Section 2-27 of the Illinois State Auditing Act; or (ii)
20beginning June 1, 2014, if the Auditor General has reported
21that the Department has not undertaken the required actions
22listed in the report required by subsection (a) of Section 2-27
23of the Illinois State Auditing Act.
24    The Department shall delay Community Care Program services
25until an applicant is determined eligible for medical
26assistance under Article V of the Illinois Public Aid Code (i)

 

 

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1beginning August 1, 2013, if the Auditor General has reported
2that the Department has failed to comply with the reporting
3requirements of Section 2-27 of the Illinois State Auditing
4Act; or (ii) beginning June 1, 2014, if the Auditor General has
5reported that the Department has not undertaken the required
6actions listed in the report required by subsection (a) of
7Section 2-27 of the Illinois State Auditing Act.
8    The Department shall implement co-payments for the
9Community Care Program at the federally allowable maximum level
10(i) beginning August 1, 2013, if the Auditor General has
11reported that the Department has failed to comply with the
12reporting requirements of Section 2-27 of the Illinois State
13Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
14General has reported that the Department has not undertaken the
15required actions listed in the report required by subsection
16(a) of Section 2-27 of the Illinois State Auditing Act.
17    The Department shall provide a bi-monthly report on the
18progress of the Community Care Program reforms set forth in
19this amendatory Act of the 98th General Assembly to the
20Governor, the Speaker of the House of Representatives, the
21Minority Leader of the House of Representatives, the President
22of the Senate, and the Minority Leader of the Senate.
23    The Department shall conduct a quarterly review of Care
24Coordination Unit performance and adherence to service
25guidelines. The quarterly review shall be reported to the
26Speaker of the House of Representatives, the Minority Leader of

 

 

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1the House of Representatives, the President of the Senate, and
2the Minority Leader of the Senate. The Department shall collect
3and report longitudinal data on the performance of each care
4coordination unit. Nothing in this paragraph shall be construed
5to require the Department to identify specific care
6coordination units.
7    In regard to community care providers, failure to comply
8with Department on Aging policies shall be cause for
9disciplinary action, including, but not limited to,
10disqualification from serving Community Care Program clients.
11Each provider, upon submission of any bill or invoice to the
12Department for payment for services rendered, shall include a
13notarized statement, under penalty of perjury pursuant to
14Section 1-109 of the Code of Civil Procedure, that the provider
15has complied with all Department policies.
16(Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13.)
 
17    Section 10. The Disabled Persons Rehabilitation Act is
18amended by changing Section 3 as follows:
 
19    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
20    (Text of Section from P.A. 97-732 and 97-1019)
21    Sec. 3. Powers and duties. The Department shall have the
22powers and duties enumerated herein:
23    (a) To co-operate with the federal government in the
24administration of the provisions of the federal Rehabilitation

 

 

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1Act of 1973, as amended, of the Workforce Investment Act of
21998, and of the federal Social Security Act to the extent and
3in the manner provided in these Acts.
4    (b) To prescribe and supervise such courses of vocational
5training and provide such other services as may be necessary
6for the habilitation and rehabilitation of persons with one or
7more disabilities, including the administrative activities
8under subsection (e) of this Section, and to co-operate with
9State and local school authorities and other recognized
10agencies engaged in habilitation, rehabilitation and
11comprehensive rehabilitation services; and to cooperate with
12the Department of Children and Family Services regarding the
13care and education of children with one or more disabilities.
14    (c) (Blank).
15    (d) To report in writing, to the Governor, annually on or
16before the first day of December, and at such other times and
17in such manner and upon such subjects as the Governor may
18require. The annual report shall contain (1) a statement of the
19existing condition of comprehensive rehabilitation services,
20habilitation and rehabilitation in the State; (2) a statement
21of suggestions and recommendations with reference to the
22development of comprehensive rehabilitation services,
23habilitation and rehabilitation in the State; and (3) an
24itemized statement of the amounts of money received from
25federal, State and other sources, and of the objects and
26purposes to which the respective items of these several amounts

 

 

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1have been devoted.
2    (e) (Blank).
3    (f) To establish a program of services to prevent the
4unnecessary institutionalization of persons in need of long
5term care and who meet the criteria for blindness or disability
6as defined by the Social Security Act, thereby enabling them to
7remain in their own homes. Such preventive services include any
8or all of the following:
9        (1) personal assistant services;
10        (2) homemaker services;
11        (3) home-delivered meals;
12        (4) adult day care services;
13        (5) respite care;
14        (6) home modification or assistive equipment;
15        (7) home health services;
16        (8) electronic home response;
17        (9) brain injury behavioral/cognitive services;
18        (10) brain injury habilitation;
19        (11) brain injury pre-vocational services; or
20        (12) brain injury supported employment.
21    The Department shall establish eligibility standards for
22such services taking into consideration the unique economic and
23social needs of the population for whom they are to be
24provided. Such eligibility standards may be based on the
25recipient's ability to pay for services; provided, however,
26that any portion of a person's income that is equal to or less

 

 

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1than the "protected income" level shall not be considered by
2the Department in determining eligibility. The "protected
3income" level shall be determined by the Department, shall
4never be less than the federal poverty standard, and shall be
5adjusted each year to reflect changes in the Consumer Price
6Index For All Urban Consumers as determined by the United
7States Department of Labor. The standards must provide that a
8person may not have more than $10,000 in assets to be eligible
9for the services, and the Department may increase or decrease
10the asset limitation by rule. The Department may not decrease
11the asset level below $10,000.
12    The services shall be provided, as established by the
13Department by rule, to eligible persons to prevent unnecessary
14or premature institutionalization, to the extent that the cost
15of the services, together with the other personal maintenance
16expenses of the persons, are reasonably related to the
17standards established for care in a group facility appropriate
18to their condition. These non-institutional services, pilot
19projects or experimental facilities may be provided as part of
20or in addition to those authorized by federal law or those
21funded and administered by the Illinois Department on Aging.
22The Department shall set rates and fees for services in a fair
23and equitable manner. Services identical to those offered by
24the Department on Aging shall be paid at the same rate.
25    Personal assistants shall be paid at a rate negotiated
26between the State and an exclusive representative of personal

 

 

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1assistants under a collective bargaining agreement. In no case
2shall the Department pay personal assistants an hourly wage
3that is less than $10.25 the federal minimum wage.
4    Solely for the purposes of coverage under the Illinois
5Public Labor Relations Act (5 ILCS 315/), personal assistants
6providing services under the Department's Home Services
7Program shall be considered to be public employees and the
8State of Illinois shall be considered to be their employer as
9of the effective date of this amendatory Act of the 93rd
10General Assembly, but not before. The State shall engage in
11collective bargaining with an exclusive representative of
12personal assistants working under the Home Services Program
13concerning their terms and conditions of employment that are
14within the State's control. Nothing in this paragraph shall be
15understood to limit the right of the persons receiving services
16defined in this Section to hire and fire personal assistants or
17supervise them within the limitations set by the Home Services
18Program. The State shall not be considered to be the employer
19of personal assistants for any purposes not specifically
20provided in this amendatory Act of the 93rd General Assembly,
21including but not limited to, purposes of vicarious liability
22in tort and purposes of statutory retirement or health
23insurance benefits. Personal assistants shall not be covered by
24the State Employees Group Insurance Act of 1971 (5 ILCS 375/).
25    The Department shall execute, relative to nursing home
26prescreening, as authorized by Section 4.03 of the Illinois Act

 

 

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1on the Aging, written inter-agency agreements with the
2Department on Aging and the Department of Healthcare and Family
3Services, to effect the intake procedures and eligibility
4criteria for those persons who may need long term care. On and
5after July 1, 1996, all nursing home prescreenings for
6individuals 18 through 59 years of age shall be conducted by
7the Department, or a designee of the Department.
8    The Department is authorized to establish a system of
9recipient cost-sharing for services provided under this
10Section. The cost-sharing shall be based upon the recipient's
11ability to pay for services, but in no case shall the
12recipient's share exceed the actual cost of the services
13provided. Protected income shall not be considered by the
14Department in its determination of the recipient's ability to
15pay a share of the cost of services. The level of cost-sharing
16shall be adjusted each year to reflect changes in the
17"protected income" level. The Department shall deduct from the
18recipient's share of the cost of services any money expended by
19the recipient for disability-related expenses.
20    To the extent permitted under the federal Social Security
21Act, the Department, or the Department's authorized
22representative, may recover the amount of moneys expended for
23services provided to or in behalf of a person under this
24Section by a claim against the person's estate or against the
25estate of the person's surviving spouse, but no recovery may be
26had until after the death of the surviving spouse, if any, and

 

 

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1then only at such time when there is no surviving child who is
2under age 21, blind, or permanently and totally disabled. This
3paragraph, however, shall not bar recovery, at the death of the
4person, of moneys for services provided to the person or in
5behalf of the person under this Section to which the person was
6not entitled; provided that such recovery shall not be enforced
7against any real estate while it is occupied as a homestead by
8the surviving spouse or other dependent, if no claims by other
9creditors have been filed against the estate, or, if such
10claims have been filed, they remain dormant for failure of
11prosecution or failure of the claimant to compel administration
12of the estate for the purpose of payment. This paragraph shall
13not bar recovery from the estate of a spouse, under Sections
141915 and 1924 of the Social Security Act and Section 5-4 of the
15Illinois Public Aid Code, who precedes a person receiving
16services under this Section in death. All moneys for services
17paid to or in behalf of the person under this Section shall be
18claimed for recovery from the deceased spouse's estate.
19"Homestead", as used in this paragraph, means the dwelling
20house and contiguous real estate occupied by a surviving spouse
21or relative, as defined by the rules and regulations of the
22Department of Healthcare and Family Services, regardless of the
23value of the property.
24    The Department shall submit an annual report on programs
25and services provided under this Section. The report shall be
26filed with the Governor and the General Assembly on or before

 

 

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1March 30 each year.
2    The requirement for reporting to the General Assembly shall
3be satisfied by filing copies of the report with the Speaker,
4the Minority Leader and the Clerk of the House of
5Representatives and the President, the Minority Leader and the
6Secretary of the Senate and the Legislative Research Unit, as
7required by Section 3.1 of the General Assembly Organization
8Act, and filing additional copies with the State Government
9Report Distribution Center for the General Assembly as required
10under paragraph (t) of Section 7 of the State Library Act.
11    (g) To establish such subdivisions of the Department as
12shall be desirable and assign to the various subdivisions the
13responsibilities and duties placed upon the Department by law.
14    (h) To cooperate and enter into any necessary agreements
15with the Department of Employment Security for the provision of
16job placement and job referral services to clients of the
17Department, including job service registration of such clients
18with Illinois Employment Security offices and making job
19listings maintained by the Department of Employment Security
20available to such clients.
21    (i) To possess all powers reasonable and necessary for the
22exercise and administration of the powers, duties and
23responsibilities of the Department which are provided for by
24law.
25    (j) (Blank).
26    (k) (Blank).

 

 

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1    (l) To establish, operate and maintain a Statewide Housing
2Clearinghouse of information on available, government
3subsidized housing accessible to disabled persons and
4available privately owned housing accessible to disabled
5persons. The information shall include but not be limited to
6the location, rental requirements, access features and
7proximity to public transportation of available housing. The
8Clearinghouse shall consist of at least a computerized database
9for the storage and retrieval of information and a separate or
10shared toll free telephone number for use by those seeking
11information from the Clearinghouse. Department offices and
12personnel throughout the State shall also assist in the
13operation of the Statewide Housing Clearinghouse. Cooperation
14with local, State and federal housing managers shall be sought
15and extended in order to frequently and promptly update the
16Clearinghouse's information.
17    (m) To assure that the names and case records of persons
18who received or are receiving services from the Department,
19including persons receiving vocational rehabilitation, home
20services, or other services, and those attending one of the
21Department's schools or other supervised facility shall be
22confidential and not be open to the general public. Those case
23records and reports or the information contained in those
24records and reports shall be disclosed by the Director only to
25proper law enforcement officials, individuals authorized by a
26court, the General Assembly or any committee or commission of

 

 

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1the General Assembly, and other persons and for reasons as the
2Director designates by rule. Disclosure by the Director may be
3only in accordance with other applicable law.
4(Source: P.A. 97-732, eff. 6-30-12; 97-1019, eff. 8-17-12;
5revised 8-23-12.)
 
6    (Text of Section from P.A. 97-732 and 97-1158)
7    Sec. 3. Powers and duties. The Department shall have the
8powers and duties enumerated herein:
9    (a) To co-operate with the federal government in the
10administration of the provisions of the federal Rehabilitation
11Act of 1973, as amended, of the Workforce Investment Act of
121998, and of the federal Social Security Act to the extent and
13in the manner provided in these Acts.
14    (b) To prescribe and supervise such courses of vocational
15training and provide such other services as may be necessary
16for the habilitation and rehabilitation of persons with one or
17more disabilities, including the administrative activities
18under subsection (e) of this Section, and to co-operate with
19State and local school authorities and other recognized
20agencies engaged in habilitation, rehabilitation and
21comprehensive rehabilitation services; and to cooperate with
22the Department of Children and Family Services regarding the
23care and education of children with one or more disabilities.
24    (c) (Blank).
25    (d) To report in writing, to the Governor, annually on or

 

 

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1before the first day of December, and at such other times and
2in such manner and upon such subjects as the Governor may
3require. The annual report shall contain (1) a statement of the
4existing condition of comprehensive rehabilitation services,
5habilitation and rehabilitation in the State; (2) a statement
6of suggestions and recommendations with reference to the
7development of comprehensive rehabilitation services,
8habilitation and rehabilitation in the State; and (3) an
9itemized statement of the amounts of money received from
10federal, State and other sources, and of the objects and
11purposes to which the respective items of these several amounts
12have been devoted.
13    (e) (Blank).
14    (f) To establish a program of services to prevent
15unnecessary institutionalization of persons with Alzheimer's
16disease and related disorders or persons in need of long term
17care who are established as blind or disabled as defined by the
18Social Security Act, thereby enabling them to remain in their
19own homes or other living arrangements. Such preventive
20services may include, but are not limited to, any or all of the
21following:
22        (1) home health services;
23        (2) home nursing services;
24        (3) homemaker services;
25        (4) chore and housekeeping services;
26        (5) day care services;

 

 

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1        (6) home-delivered meals;
2        (7) education in self-care;
3        (8) personal care services;
4        (9) adult day health services;
5        (10) habilitation services;
6        (11) respite care; or
7        (12) other nonmedical social services that may enable
8    the person to become self-supporting.
9    The Department shall establish eligibility standards for
10such services taking into consideration the unique economic and
11social needs of the population for whom they are to be
12provided. Such eligibility standards may be based on the
13recipient's ability to pay for services; provided, however,
14that any portion of a person's income that is equal to or less
15than the "protected income" level shall not be considered by
16the Department in determining eligibility. The "protected
17income" level shall be determined by the Department, shall
18never be less than the federal poverty standard, and shall be
19adjusted each year to reflect changes in the Consumer Price
20Index For All Urban Consumers as determined by the United
21States Department of Labor. The standards must provide that a
22person may have not more than $10,000 in assets to be eligible
23for the services, and the Department may increase the asset
24limitation by rule. Additionally, in determining the amount and
25nature of services for which a person may qualify,
26consideration shall not be given to the value of cash, property

 

 

HB5380- 29 -LRB098 16527 JLS 51595 b

1or other assets held in the name of the person's spouse
2pursuant to a written agreement dividing marital property into
3equal but separate shares or pursuant to a transfer of the
4person's interest in a home to his spouse, provided that the
5spouse's share of the marital property is not made available to
6the person seeking such services.
7    The services shall be provided to eligible persons to
8prevent unnecessary or premature institutionalization, to the
9extent that the cost of the services, together with the other
10personal maintenance expenses of the persons, are reasonably
11related to the standards established for care in a group
12facility appropriate to their condition. These
13non-institutional services, pilot projects or experimental
14facilities may be provided as part of or in addition to those
15authorized by federal law or those funded and administered by
16the Illinois Department on Aging. The Department shall set
17rates and fees for services in a fair and equitable manner.
18Services identical to those offered by the Department on Aging
19shall be paid at the same rate.
20    Personal care attendants shall be paid:
21        (i) A $5 per hour minimum rate beginning July 1, 1995.
22        (ii) A $5.30 per hour minimum rate beginning July 1,
23    1997.
24        (iii) A $5.40 per hour minimum rate beginning July 1,
25    1998.
26    Solely for the purposes of coverage under the Illinois

 

 

HB5380- 30 -LRB098 16527 JLS 51595 b

1Public Labor Relations Act (5 ILCS 315/), personal care
2attendants and personal assistants providing services under
3the Department's Home Services Program shall be considered to
4be public employees, and the State of Illinois shall be
5considered to be their employer as of the effective date of
6this amendatory Act of the 93rd General Assembly, but not
7before. Solely for the purposes of coverage under the Illinois
8Public Labor Relations Act, home care and home health workers
9who function as personal care attendants, personal assistants,
10and individual maintenance home health workers and who also
11provide services under the Department's Home Services Program
12shall be considered to be public employees, no matter whether
13the State provides such services through direct
14fee-for-service arrangements, with the assistance of a managed
15care organization or other intermediary, or otherwise, and the
16State of Illinois shall be considered to be the employer of
17those persons as of the effective date of this amendatory Act
18of the 97th General Assembly, but not before except as
19otherwise provided under this subsection (f). The State shall
20engage in collective bargaining with an exclusive
21representative of home care and home health workers who
22function as personal care attendants, personal assistants, and
23individual maintenance home health workers working under the
24Home Services Program concerning their terms and conditions of
25employment that are within the State's control. Nothing in this
26paragraph shall be understood to limit the right of the persons

 

 

HB5380- 31 -LRB098 16527 JLS 51595 b

1receiving services defined in this Section to hire and fire
2home care and home health workers who function as personal care
3attendants, personal assistants, and individual maintenance
4home health workers working under the Home Services Program or
5to supervise them within the limitations set by the Home
6Services Program. The State shall not be considered to be the
7employer of home care and home health workers who function as
8personal care attendants, personal assistants, and individual
9maintenance home health workers working under the Home Services
10Program for any purposes not specifically provided in Public
11Act 93-204 or this amendatory Act of the 97th General Assembly,
12including but not limited to, purposes of vicarious liability
13in tort and purposes of statutory retirement or health
14insurance benefits. Home care and home health workers who
15function as personal care attendants, personal assistants, and
16individual maintenance home health workers and who also provide
17services under the Department's Home Services Program shall not
18be covered by the State Employees Group Insurance Act of 1971
19(5 ILCS 375/).
20    The Department shall execute, relative to the nursing home
21prescreening project, as authorized by Section 4.03 of the
22Illinois Act on the Aging, written inter-agency agreements with
23the Department on Aging and the Department of Public Aid (now
24Department of Healthcare and Family Services), to effect the
25following: (i) intake procedures and common eligibility
26criteria for those persons who are receiving non-institutional

 

 

HB5380- 32 -LRB098 16527 JLS 51595 b

1services; and (ii) the establishment and development of
2non-institutional services in areas of the State where they are
3not currently available or are undeveloped. On and after July
41, 1996, all nursing home prescreenings for individuals 18
5through 59 years of age shall be conducted by the Department.
6    The Department is authorized to establish a system of
7recipient cost-sharing for services provided under this
8Section. The cost-sharing shall be based upon the recipient's
9ability to pay for services, but in no case shall the
10recipient's share exceed the actual cost of the services
11provided. Protected income shall not be considered by the
12Department in its determination of the recipient's ability to
13pay a share of the cost of services. The level of cost-sharing
14shall be adjusted each year to reflect changes in the
15"protected income" level. The Department shall deduct from the
16recipient's share of the cost of services any money expended by
17the recipient for disability-related expenses.
18    The Department, or the Department's authorized
19representative, shall recover the amount of moneys expended for
20services provided to or in behalf of a person under this
21Section by a claim against the person's estate or against the
22estate of the person's surviving spouse, but no recovery may be
23had until after the death of the surviving spouse, if any, and
24then only at such time when there is no surviving child who is
25under age 21, blind, or permanently and totally disabled. This
26paragraph, however, shall not bar recovery, at the death of the

 

 

HB5380- 33 -LRB098 16527 JLS 51595 b

1person, of moneys for services provided to the person or in
2behalf of the person under this Section to which the person was
3not entitled; provided that such recovery shall not be enforced
4against any real estate while it is occupied as a homestead by
5the surviving spouse or other dependent, if no claims by other
6creditors have been filed against the estate, or, if such
7claims have been filed, they remain dormant for failure of
8prosecution or failure of the claimant to compel administration
9of the estate for the purpose of payment. This paragraph shall
10not bar recovery from the estate of a spouse, under Sections
111915 and 1924 of the Social Security Act and Section 5-4 of the
12Illinois Public Aid Code, who precedes a person receiving
13services under this Section in death. All moneys for services
14paid to or in behalf of the person under this Section shall be
15claimed for recovery from the deceased spouse's estate.
16"Homestead", as used in this paragraph, means the dwelling
17house and contiguous real estate occupied by a surviving spouse
18or relative, as defined by the rules and regulations of the
19Department of Healthcare and Family Services, regardless of the
20value of the property.
21    The Department and the Department on Aging shall cooperate
22in the development and submission of an annual report on
23programs and services provided under this Section. Such joint
24report shall be filed with the Governor and the General
25Assembly on or before March 30 each year.
26    The requirement for reporting to the General Assembly shall

 

 

HB5380- 34 -LRB098 16527 JLS 51595 b

1be satisfied by filing copies of the report with the Speaker,
2the Minority Leader and the Clerk of the House of
3Representatives and the President, the Minority Leader and the
4Secretary of the Senate and the Legislative Research Unit, as
5required by Section 3.1 of the General Assembly Organization
6Act, and filing additional copies with the State Government
7Report Distribution Center for the General Assembly as required
8under paragraph (t) of Section 7 of the State Library Act.
9    (g) To establish such subdivisions of the Department as
10shall be desirable and assign to the various subdivisions the
11responsibilities and duties placed upon the Department by law.
12    (h) To cooperate and enter into any necessary agreements
13with the Department of Employment Security for the provision of
14job placement and job referral services to clients of the
15Department, including job service registration of such clients
16with Illinois Employment Security offices and making job
17listings maintained by the Department of Employment Security
18available to such clients.
19    (i) To possess all powers reasonable and necessary for the
20exercise and administration of the powers, duties and
21responsibilities of the Department which are provided for by
22law.
23    (j) To establish a procedure whereby new providers of
24personal care attendant services shall submit vouchers to the
25State for payment two times during their first month of
26employment and one time per month thereafter. In no case shall

 

 

HB5380- 35 -LRB098 16527 JLS 51595 b

1the Department pay personal care attendants an hourly wage that
2is less than the federal minimum wage.
3    (k) To provide adequate notice to providers of chore and
4housekeeping services informing them that they are entitled to
5an interest payment on bills which are not promptly paid
6pursuant to Section 3 of the State Prompt Payment Act.
7    (l) To establish, operate and maintain a Statewide Housing
8Clearinghouse of information on available, government
9subsidized housing accessible to disabled persons and
10available privately owned housing accessible to disabled
11persons. The information shall include but not be limited to
12the location, rental requirements, access features and
13proximity to public transportation of available housing. The
14Clearinghouse shall consist of at least a computerized database
15for the storage and retrieval of information and a separate or
16shared toll free telephone number for use by those seeking
17information from the Clearinghouse. Department offices and
18personnel throughout the State shall also assist in the
19operation of the Statewide Housing Clearinghouse. Cooperation
20with local, State and federal housing managers shall be sought
21and extended in order to frequently and promptly update the
22Clearinghouse's information.
23    (m) To assure that the names and case records of persons
24who received or are receiving services from the Department,
25including persons receiving vocational rehabilitation, home
26services, or other services, and those attending one of the

 

 

HB5380- 36 -LRB098 16527 JLS 51595 b

1Department's schools or other supervised facility shall be
2confidential and not be open to the general public. Those case
3records and reports or the information contained in those
4records and reports shall be disclosed by the Director only to
5proper law enforcement officials, individuals authorized by a
6court, the General Assembly or any committee or commission of
7the General Assembly, and other persons and for reasons as the
8Director designates by rule. Disclosure by the Director may be
9only in accordance with other applicable law.
10(Source: P.A. 97-732, eff. 6-30-12; 97-1158, eff. 1-29-13;
11revised 2-21-13.)