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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Act on the Aging is amended by | ||||||||||||||||||||||||||||||||
5 | changing Section 4.02 as follows:
| ||||||||||||||||||||||||||||||||
6 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
| ||||||||||||||||||||||||||||||||
7 | Sec. 4.02. Community Care Program. The Department shall | ||||||||||||||||||||||||||||||||
8 | establish a program of services to
prevent unnecessary | ||||||||||||||||||||||||||||||||
9 | institutionalization of persons age 60 and older in
need of | ||||||||||||||||||||||||||||||||
10 | long term care or who are established as persons who suffer | ||||||||||||||||||||||||||||||||
11 | from
Alzheimer's disease or a related disorder under the | ||||||||||||||||||||||||||||||||
12 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||||||||||||||||||||||||||||
13 | remain in their own homes or in other living arrangements. Such
| ||||||||||||||||||||||||||||||||
14 | preventive services, which may be coordinated with other | ||||||||||||||||||||||||||||||||
15 | programs for the
aged and monitored by area agencies on aging | ||||||||||||||||||||||||||||||||
16 | in cooperation with the
Department, may include, but are not | ||||||||||||||||||||||||||||||||
17 | limited to, any or all of the following:
| ||||||||||||||||||||||||||||||||
18 | (a) (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;
|
| |||||||
| |||||||
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 | ||||||
16 | such
services. In determining the amount and nature of services
| ||||||
17 | for which a person may qualify, consideration shall not be | ||||||
18 | given to the
value of cash, property or other assets held in | ||||||
19 | the name of the person's
spouse pursuant to a written agreement | ||||||
20 | dividing marital property into equal
but separate shares or | ||||||
21 | pursuant to a transfer of the person's interest in a
home to | ||||||
22 | his spouse, provided that the spouse's share of the marital
| ||||||
23 | property is not made available to the person seeking such | ||||||
24 | services.
| ||||||
25 | Beginning January 1, 2008, the Department shall require as | ||||||
26 | a condition of eligibility that all new financially eligible |
| |||||||
| |||||||
1 | applicants apply for and enroll in medical assistance under | ||||||
2 | Article V of the Illinois Public Aid Code in accordance with | ||||||
3 | rules promulgated by the Department.
| ||||||
4 | The Department shall, in conjunction with the Department of | ||||||
5 | Public Aid (now Department of Healthcare and Family Services),
| ||||||
6 | seek appropriate amendments under Sections 1915 and 1924 of the | ||||||
7 | Social
Security Act. The purpose of the amendments shall be to | ||||||
8 | extend eligibility
for home and community based services under | ||||||
9 | Sections 1915 and 1924 of the
Social Security Act to persons | ||||||
10 | who transfer to or for the benefit of a
spouse those amounts of | ||||||
11 | income and resources allowed under Section 1924 of
the Social | ||||||
12 | Security Act. Subject to the approval of such amendments, the
| ||||||
13 | Department shall extend the provisions of Section 5-4 of the | ||||||
14 | Illinois
Public Aid Code to persons who, but for the provision | ||||||
15 | of home or
community-based services, would require the level of | ||||||
16 | care provided in an
institution, as is provided for in federal | ||||||
17 | law. Those persons no longer
found to be eligible for receiving | ||||||
18 | noninstitutional services due to changes
in the eligibility | ||||||
19 | criteria shall be given 45 days notice prior to actual
| ||||||
20 | termination. Those persons receiving notice of termination may | ||||||
21 | contact the
Department and request the determination be | ||||||
22 | appealed at any time during the
45 day notice period. The | ||||||
23 | target
population identified for the purposes of this Section | ||||||
24 | are persons age 60
and older with an identified service need. | ||||||
25 | Priority shall be given to those
who are at imminent risk of | ||||||
26 | institutionalization. The services shall be
provided to |
| |||||||
| |||||||
1 | eligible persons age 60 and older to the extent that the cost
| ||||||
2 | of the services together with the other personal maintenance
| ||||||
3 | expenses of the persons are reasonably related to the standards
| ||||||
4 | established for care in a group facility appropriate to the | ||||||
5 | person's
condition. These non-institutional services, pilot | ||||||
6 | projects or
experimental facilities may be provided as part of | ||||||
7 | or in addition to
those authorized by federal law or those | ||||||
8 | funded and administered by the
Department of Human Services. | ||||||
9 | The Departments of Human Services, Healthcare and Family | ||||||
10 | Services,
Public Health, Veterans' Affairs, and Commerce and | ||||||
11 | Economic Opportunity and
other appropriate agencies of State, | ||||||
12 | federal and local governments shall
cooperate with the | ||||||
13 | Department on Aging in the establishment and development
of the | ||||||
14 | non-institutional services. The Department shall require an | ||||||
15 | annual
audit from all personal assistant
and home care aide | ||||||
16 | vendors contracting with
the Department under this Section. The | ||||||
17 | annual audit shall assure that each
audited vendor's procedures | ||||||
18 | are in compliance with Department's financial
reporting | ||||||
19 | guidelines requiring an administrative and employee wage and | ||||||
20 | benefits cost split as defined in administrative rules. The | ||||||
21 | audit is a public record under
the Freedom of Information Act. | ||||||
22 | The Department shall execute, relative to
the nursing home | ||||||
23 | prescreening project, written inter-agency
agreements with the | ||||||
24 | Department of Human Services and the Department
of Healthcare | ||||||
25 | and Family Services, to effect the following: (1) intake | ||||||
26 | procedures and common
eligibility criteria for those persons |
| |||||||
| |||||||
1 | who are receiving non-institutional
services; and (2) the | ||||||
2 | establishment and development of non-institutional
services in | ||||||
3 | areas of the State where they are not currently available or | ||||||
4 | are
undeveloped. On and after July 1, 1996, all nursing home | ||||||
5 | prescreenings for
individuals 60 years of age or older shall be | ||||||
6 | conducted by the Department.
| ||||||
7 | As part of the Department on Aging's routine training of | ||||||
8 | case managers and case manager supervisors, the Department may | ||||||
9 | include information on family futures planning for persons who | ||||||
10 | are age 60 or older and who are caregivers of their adult | ||||||
11 | children with developmental disabilities. The content of the | ||||||
12 | training shall be at the Department's discretion. | ||||||
13 | The Department is authorized to establish a system of | ||||||
14 | recipient copayment
for services provided under this Section, | ||||||
15 | such copayment to be based upon
the recipient's ability to pay | ||||||
16 | but in no case to exceed the actual cost of
the services | ||||||
17 | provided. Additionally, any portion of a person's income which
| ||||||
18 | is equal to or less than the federal poverty standard shall not | ||||||
19 | be
considered by the Department in determining the copayment. | ||||||
20 | The level of
such copayment shall be adjusted whenever | ||||||
21 | necessary to reflect any change
in the officially designated | ||||||
22 | federal poverty standard.
| ||||||
23 | The Department, or the Department's authorized | ||||||
24 | representative, may
recover the amount of moneys expended for | ||||||
25 | services provided to or in
behalf of a person under this | ||||||
26 | Section by a claim against the person's
estate or against the |
| |||||||
| |||||||
1 | estate of the person's surviving spouse, but no
recovery may be | ||||||
2 | had until after the death of the surviving spouse, if
any, and | ||||||
3 | then only at such time when there is no surviving child who
is | ||||||
4 | under age 21, blind, or permanently and totally disabled. This
| ||||||
5 | paragraph, however, shall not bar recovery, at the death of the | ||||||
6 | person, of
moneys for services provided to the person or in | ||||||
7 | behalf of the person under
this Section to which the person was | ||||||
8 | not entitled;
provided that such recovery shall not be enforced | ||||||
9 | against any real estate while
it is occupied as a homestead by | ||||||
10 | the surviving spouse or other dependent, if no
claims by other | ||||||
11 | creditors have been filed against the estate, or, if such
| ||||||
12 | claims have been filed, they remain dormant for failure of | ||||||
13 | prosecution or
failure of the claimant to compel administration | ||||||
14 | of the estate for the purpose
of payment. This paragraph shall | ||||||
15 | not bar recovery from the estate of a spouse,
under Sections | ||||||
16 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
17 | Illinois Public Aid Code, who precedes a person receiving | ||||||
18 | services under this
Section in death. All moneys for services
| ||||||
19 | paid to or in behalf of the person under this Section shall be | ||||||
20 | claimed for
recovery from the deceased spouse's estate. | ||||||
21 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
22 | house and
contiguous real estate occupied by a surviving spouse
| ||||||
23 | or relative, as defined by the rules and regulations of the | ||||||
24 | Department of Healthcare and Family Services, regardless of the | ||||||
25 | value of the property.
| ||||||
26 | The Department shall increase the effectiveness of the |
| |||||||
| |||||||
1 | existing 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
16 | Counseling Demonstration Project as is practicable, the | ||||||
17 | Department may, based on its evaluation of the demonstration | ||||||
18 | project, promulgate rules concerning personal assistant | ||||||
19 | services, to include, but need not be limited to, | ||||||
20 | qualifications, employment screening, rights under fair labor | ||||||
21 | standards, training, fiduciary agent, and supervision | ||||||
22 | requirements. All applicants shall be subject to the provisions | ||||||
23 | of the Health Care Worker Background Check Act.
| ||||||
24 | The Department shall develop procedures to enhance | ||||||
25 | availability of
services on evenings, weekends, and on an | ||||||
26 | emergency basis to meet the
respite needs of caregivers. |
| |||||||
| |||||||
1 | Procedures shall be developed to permit the
utilization of | ||||||
2 | services in successive blocks of 24 hours up to the monthly
| ||||||
3 | maximum established by the Department. Workers providing these | ||||||
4 | services
shall be appropriately trained.
| ||||||
5 | Beginning on the effective date of this Amendatory Act of | ||||||
6 | 1991, no person
may perform chore/housekeeping and home care | ||||||
7 | aide services under a program
authorized by this Section unless | ||||||
8 | that person has been issued a certificate
of pre-service to do | ||||||
9 | so by his or her employing agency. Information
gathered to | ||||||
10 | effect such certification shall include (i) the person's name,
| ||||||
11 | (ii) the date the person was hired by his or her current | ||||||
12 | employer, and
(iii) the training, including dates and levels. | ||||||
13 | Persons engaged in the
program authorized by this Section | ||||||
14 | before the effective date of this
amendatory Act of 1991 shall | ||||||
15 | be issued a certificate of all pre- and
in-service training | ||||||
16 | from his or her employer upon submitting the necessary
| ||||||
17 | information. The employing agency shall be required to retain | ||||||
18 | records of
all staff pre- and in-service training, and shall | ||||||
19 | provide such records to
the Department upon request and upon | ||||||
20 | termination of the employer's contract
with the Department. In | ||||||
21 | addition, the employing agency is responsible for
the issuance | ||||||
22 | of certifications of in-service training completed to their
| ||||||
23 | employees.
| ||||||
24 | The Department is required to develop a system to ensure | ||||||
25 | that persons
working as home care aides and personal assistants
| ||||||
26 | receive increases in their
wages when the federal minimum wage |
| |||||||
| |||||||
1 | is increased by requiring vendors to
certify that they are | ||||||
2 | meeting the federal minimum wage statute for home care aides
| ||||||
3 | and personal assistants. Additionally, the Department shall | ||||||
4 | annually recalculate rates and reimbursements paid to | ||||||
5 | providers or vendors that do business with or are under | ||||||
6 | contract with the Department. When recalculating rate and | ||||||
7 | reimbursement methodologies, the Department shall account for | ||||||
8 | (i) mandated increases in the State minimum wage rate; and (ii) | ||||||
9 | any increased payroll taxes required of providers or vendors | ||||||
10 | contracting with the Department. The Department must fully fund | ||||||
11 | recalculated rate and reimbursement methodologies. An employer | ||||||
12 | that cannot ensure that the minimum
wage increase is being | ||||||
13 | given to home care aides and personal assistants
shall be | ||||||
14 | denied any increase in reimbursement costs.
| ||||||
15 | The Community Care Program Advisory Committee is created in | ||||||
16 | the Department on Aging. The Director shall appoint individuals | ||||||
17 | to serve in the Committee, who shall serve at their own | ||||||
18 | expense. Members of the Committee must abide by all applicable | ||||||
19 | ethics laws. The Committee shall advise the Department on | ||||||
20 | issues related to the Department's program of services to | ||||||
21 | prevent unnecessary institutionalization. The Committee shall | ||||||
22 | meet on a bi-monthly basis and shall serve to identify and | ||||||
23 | advise the Department on present and potential issues affecting | ||||||
24 | the service delivery network, the program's clients, and the | ||||||
25 | Department and to recommend solution strategies. Persons | ||||||
26 | appointed to the Committee shall be appointed on, but not |
| |||||||
| |||||||
1 | limited to, their own and their agency's experience with the | ||||||
2 | program, geographic representation, and willingness to serve. | ||||||
3 | The Director shall appoint members to the Committee to | ||||||
4 | represent provider, advocacy, policy research, and other | ||||||
5 | constituencies committed to the delivery of high quality home | ||||||
6 | and community-based services to older adults. Representatives | ||||||
7 | shall be appointed to ensure representation from community care | ||||||
8 | providers including, but not limited to, adult day service | ||||||
9 | providers, homemaker providers, case coordination and case | ||||||
10 | management units, emergency home response providers, statewide | ||||||
11 | trade or labor unions that represent home care
aides and direct | ||||||
12 | care staff, area agencies on aging, adults over age 60, | ||||||
13 | membership organizations representing older adults, and other | ||||||
14 | organizational entities, providers of care, or individuals | ||||||
15 | with demonstrated interest and expertise in the field of home | ||||||
16 | and community care as determined by the Director. | ||||||
17 | Nominations may be presented from any agency or State | ||||||
18 | association with interest in the program. The Director, or his | ||||||
19 | or her designee, shall serve as the permanent co-chair of the | ||||||
20 | advisory committee. One other co-chair shall be nominated and | ||||||
21 | approved by the members of the committee on an annual basis. | ||||||
22 | Committee members' terms of appointment shall be for 4 years | ||||||
23 | with one-quarter of the appointees' terms expiring each year. A | ||||||
24 | member shall continue to serve until his or her replacement is | ||||||
25 | named. The Department shall fill vacancies that have a | ||||||
26 | remaining term of over one year, and this replacement shall |
| |||||||
| |||||||
1 | occur through the annual replacement of expiring terms. The | ||||||
2 | Director shall designate Department staff to provide technical | ||||||
3 | assistance and staff support to the committee. Department | ||||||
4 | representation shall not constitute membership of the | ||||||
5 | committee. All Committee papers, issues, recommendations, | ||||||
6 | reports, and meeting memoranda are advisory only. The Director, | ||||||
7 | or his or her designee, shall make a written report, as | ||||||
8 | requested by the Committee, regarding issues before the | ||||||
9 | Committee.
| ||||||
10 | The Department on Aging and the Department of Human | ||||||
11 | Services
shall cooperate in the development and submission of | ||||||
12 | an annual report on
programs and services provided under this | ||||||
13 | Section. Such joint report
shall be filed with the Governor and | ||||||
14 | the General Assembly on or before
September 30 each year.
| ||||||
15 | The requirement for reporting to the General Assembly shall | ||||||
16 | be satisfied
by filing copies of the report with the Speaker, | ||||||
17 | the Minority Leader and
the Clerk of the House of | ||||||
18 | Representatives and the President, the Minority
Leader and the | ||||||
19 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
20 | required by Section 3.1 of the General Assembly Organization | ||||||
21 | Act and
filing such additional copies with the State Government | ||||||
22 | Report Distribution
Center for the General Assembly as is | ||||||
23 | required under paragraph (t) of
Section 7 of the State Library | ||||||
24 | Act.
| ||||||
25 | Those persons previously found eligible for receiving | ||||||
26 | non-institutional
services whose services were discontinued |
| |||||||
| |||||||
1 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
2 | not meet the eligibility standards in effect
on or after July | ||||||
3 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
4 | Those persons previously not required to cost-share and who | ||||||
5 | were
required to cost-share effective March 1, 1992, shall | ||||||
6 | continue to meet
cost-share requirements on and after July 1, | ||||||
7 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
8 | meet
eligibility, cost-share, and other requirements and will | ||||||
9 | have services
discontinued or altered when they fail to meet | ||||||
10 | these requirements. | ||||||
11 | For the purposes of this Section, "flexible senior | ||||||
12 | services" refers to services that require one-time or periodic | ||||||
13 | expenditures including, but not limited to, respite care, home | ||||||
14 | modification, assistive technology, housing assistance, and | ||||||
15 | transportation.
| ||||||
16 | The Department shall implement an electronic service | ||||||
17 | verification based on global positioning systems or other | ||||||
18 | cost-effective technology for the Community Care Program no | ||||||
19 | later than January 1, 2014. | ||||||
20 | The Department shall require, as a condition of | ||||||
21 | eligibility, enrollment in the medical assistance program | ||||||
22 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
23 | August 1, 2013, if the Auditor General has reported that the | ||||||
24 | Department has failed
to comply with the reporting requirements | ||||||
25 | of Section 2-27 of
the Illinois State Auditing Act; or (ii) | ||||||
26 | beginning June 1, 2014, if the Auditor General has reported |
| |||||||
| |||||||
1 | that the
Department has not undertaken the required actions | ||||||
2 | listed in
the report required by subsection (a) of Section 2-27 | ||||||
3 | of the
Illinois State Auditing Act. | ||||||
4 | The Department shall delay Community Care Program services | ||||||
5 | until an applicant is determined eligible for medical | ||||||
6 | assistance under Article V of the Illinois Public Aid Code (i) | ||||||
7 | beginning August 1, 2013, if the Auditor General has reported | ||||||
8 | that the Department has failed
to comply with the reporting | ||||||
9 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
10 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
11 | reported that the
Department has not undertaken the required | ||||||
12 | actions listed in
the report required by subsection (a) of | ||||||
13 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
14 | The Department shall implement co-payments for the | ||||||
15 | Community Care Program at the federally allowable maximum level | ||||||
16 | (i) beginning August 1, 2013, if the Auditor General has | ||||||
17 | reported that the Department has failed
to comply with the | ||||||
18 | reporting requirements of Section 2-27 of
the Illinois State | ||||||
19 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
20 | General has reported that the
Department has not undertaken the | ||||||
21 | required actions listed in
the report required by subsection | ||||||
22 | (a) of Section 2-27 of the
Illinois State Auditing Act. | ||||||
23 | The Department shall provide a bi-monthly report on the | ||||||
24 | progress of the Community Care Program reforms set forth in | ||||||
25 | this amendatory Act of the 98th General Assembly to the | ||||||
26 | Governor, the Speaker of the House of Representatives, the |
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1 | Minority Leader of the House of Representatives, the
President | ||||||
2 | of the
Senate, and the Minority Leader of the Senate. | ||||||
3 | The Department shall conduct a quarterly review of Care | ||||||
4 | Coordination Unit performance and adherence to service | ||||||
5 | guidelines. The quarterly review shall be reported to the | ||||||
6 | Speaker of the House of Representatives, the Minority Leader of | ||||||
7 | the House of Representatives, the
President of the
Senate, and | ||||||
8 | the Minority Leader of the Senate. The Department shall collect | ||||||
9 | and report longitudinal data on the performance of each care | ||||||
10 | coordination unit. Nothing in this paragraph shall be construed | ||||||
11 | to require the Department to identify specific care | ||||||
12 | coordination units. | ||||||
13 | In regard to community care providers, failure to comply | ||||||
14 | with Department on Aging policies shall be cause for | ||||||
15 | disciplinary action, including, but not limited to, | ||||||
16 | disqualification from serving Community Care Program clients. | ||||||
17 | Each provider, upon submission of any bill or invoice to the | ||||||
18 | Department for payment for services rendered, shall include a | ||||||
19 | notarized statement, under penalty of perjury pursuant to | ||||||
20 | Section 1-109 of the Code of Civil Procedure, that the provider | ||||||
21 | has complied with all Department policies. | ||||||
22 | (Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13.) | ||||||
23 | Section 10. The Children and Family Services Act is amended | ||||||
24 | by adding Section 5a-1 as follows: |
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1 | (20 ILCS 505/5a-1 new) | ||||||
2 | Sec. 5a-1. Recalculate rates and reimbursements. The | ||||||
3 | Department shall annually recalculate rates and reimbursements | ||||||
4 | paid to providers or vendors that do business with or are under | ||||||
5 | contract with the Department. When recalculating rate and | ||||||
6 | reimbursement methodologies, the Department shall account for | ||||||
7 | (i) mandated increases in the State minimum wage rate; and (ii) | ||||||
8 | any increased payroll taxes required of providers or vendors | ||||||
9 | contracting with the Department. The Department must fully fund | ||||||
10 | recalculated rate and reimbursement methodologies. | ||||||
11 | Section 15. The Department of Human Services Act is amended | ||||||
12 | by adding Section 10-75 as follows: | ||||||
13 | (20 ILCS 1305/10-75 new) | ||||||
14 | Sec. 10-75. Recalculate rates and reimbursements. The | ||||||
15 | Department shall annually recalculate rates and reimbursements | ||||||
16 | paid to providers or vendors that do business with or are under | ||||||
17 | contract with the Department. When recalculating rate and | ||||||
18 | reimbursement methodologies, the Department shall account for | ||||||
19 | (i) mandated increases in the State minimum wage rate; and (ii) | ||||||
20 | any increased payroll taxes required of providers or vendors | ||||||
21 | contracting with the Department. The Department must fully fund | ||||||
22 | recalculated rate and reimbursement methodologies. | ||||||
23 | Section 20. The Illinois Public Aid Code is amended by |
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1 | adding Section 12-4.49 as follows: | ||||||
2 | (305 ILCS 5/12-4.49 new) | ||||||
3 | Sec. 12-4.49. Recalculate rates and reimbursements. The | ||||||
4 | Department of Human Services, the Department of Healthcare and | ||||||
5 | Family Services, the Department of Children and Family | ||||||
6 | Services, and the Department on Aging shall annually | ||||||
7 | recalculate rates and reimbursements paid to providers or | ||||||
8 | vendors that do business with or are under contract with the | ||||||
9 | Departments. When recalculating rate and reimbursement | ||||||
10 | methodologies, the Departments shall account for (i) mandated | ||||||
11 | increases in the State minimum wage rate; and (ii) any | ||||||
12 | increased payroll taxes required of providers or vendors | ||||||
13 | contracting with the Departments. The Departments must fully | ||||||
14 | fund recalculated rate and reimbursement methodologies. | ||||||
15 | Section 25. The Community Services Act is amended by adding | ||||||
16 | Section 7 as follows: | ||||||
17 | (405 ILCS 30/7 new) | ||||||
18 | Sec. 7. Recalculate rates and reimbursements. The | ||||||
19 | Department of Human Services shall annually recalculate rates | ||||||
20 | and reimbursements paid to providers or vendors that do | ||||||
21 | business with or are under contract with the Department. When | ||||||
22 | recalculating rate and reimbursement methodologies, the | ||||||
23 | Department shall account for (i) mandated increases in the |
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1 | State minimum wage rate; and (ii) any increased payroll taxes | ||||||
2 | required of providers or vendors contracting with the | ||||||
3 | Department. The Department must fully fund recalculated rate | ||||||
4 | and reimbursement methodologies.
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