Full Text of HB3043 101st General Assembly
HB3043 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3043 Introduced , by Rep. Michael D. Unes SYNOPSIS AS INTRODUCED: |
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20 ILCS 2405/3 | from Ch. 23, par. 3434 |
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Amends the Rehabilitation of Persons with Disabilities Act. Requires the Department of Human Services to adopt rules that would permit a personal assistant who provides services to a person enrolled in the Department's Home Services Program to drive, operate, or be in physical control of any motor vehicle owned by the person receiving home services. Restricts a personal assistant's use of the motor vehicle to those uses that are appropriate to effectuate the personal assistant's duties and responsibilities under the Home Services Program. Provides that no personal assistant shall be authorized to drive, operate, or be in physical control of any motor vehicle owned by a person receiving home services unless (i) the personal assistant holds a valid driver's license and (ii) the motor vehicle is covered by a liability insurance policy.
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Rehabilitation of Persons with Disabilities | 5 | | Act is amended by changing Section 3 as follows:
| 6 | | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
| 7 | | Sec. 3. Powers and duties. The Department shall have the | 8 | | powers and
duties enumerated
herein:
| 9 | | (a) To co-operate with the federal government in the | 10 | | administration
of the provisions of the federal | 11 | | Rehabilitation Act of 1973, as amended,
of the Workforce
| 12 | | Innovation and Opportunity Act,
and of the federal Social | 13 | | Security Act to the extent and in the manner
provided in | 14 | | these Acts.
| 15 | | (b) To prescribe and supervise such courses of | 16 | | vocational training
and provide such other services as may | 17 | | be necessary for the habilitation
and rehabilitation of | 18 | | persons with one or more disabilities, including the
| 19 | | administrative activities under subsection (e) of this | 20 | | Section, and to
co-operate with State and local school | 21 | | authorities and other recognized
agencies engaged in | 22 | | habilitation, rehabilitation and comprehensive
| 23 | | rehabilitation services; and to cooperate with the |
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| 1 | | Department of Children
and Family Services regarding the | 2 | | care and education of children with one
or more | 3 | | disabilities.
| 4 | | (c) (Blank).
| 5 | | (d) To report in writing, to the Governor, annually on | 6 | | or before the
first day of December, and at such other | 7 | | times and in such manner and
upon such subjects as the | 8 | | Governor may require. The annual report shall
contain (1) a | 9 | | statement of the existing condition of comprehensive
| 10 | | rehabilitation services, habilitation and rehabilitation | 11 | | in the State;
(2) a statement of suggestions and | 12 | | recommendations with reference to the
development of | 13 | | comprehensive rehabilitation services, habilitation and
| 14 | | rehabilitation in the State; and (3) an itemized statement | 15 | | of the
amounts of money received from federal, State and | 16 | | other sources, and of
the objects and purposes to which the | 17 | | respective items of these several
amounts have been | 18 | | devoted.
| 19 | | (e) (Blank).
| 20 | | (f) To establish a program of services to prevent the | 21 | | unnecessary
institutionalization of persons in need of | 22 | | long term care and who meet the criteria for blindness or | 23 | | disability as defined by the Social Security Act, thereby | 24 | | enabling them to
remain in their own homes. Such preventive
| 25 | | services include any or all of the following:
| 26 | | (1) personal assistant services;
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| 1 | | (2) homemaker services;
| 2 | | (3) home-delivered meals;
| 3 | | (4) adult day care services;
| 4 | | (5) respite care;
| 5 | | (6) home modification or assistive equipment;
| 6 | | (7) home health services;
| 7 | | (8) electronic home response;
| 8 | | (9) brain injury behavioral/cognitive services;
| 9 | | (10) brain injury habilitation;
| 10 | | (11) brain injury pre-vocational services; or
| 11 | | (12) brain injury supported employment.
| 12 | | The Department shall establish eligibility
standards | 13 | | for such services taking into consideration the unique
| 14 | | economic and social needs of the population for whom they | 15 | | are to
be provided. Such eligibility standards may be based | 16 | | on the recipient's
ability to pay for services; provided, | 17 | | however, that any portion of a
person's income that is | 18 | | equal to or less than the "protected income" level
shall | 19 | | not be considered by the Department in determining | 20 | | eligibility. The
"protected income" level shall be | 21 | | determined by the Department, shall never be
less than the | 22 | | federal poverty standard, and shall be adjusted each year | 23 | | to
reflect changes in the Consumer Price Index For All | 24 | | Urban Consumers as
determined by the United States | 25 | | Department of Labor. The standards must
provide that a | 26 | | person may not have more than $10,000 in assets to be |
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| 1 | | eligible for the services, and the Department may increase | 2 | | or decrease the asset limitation by rule. The Department | 3 | | may not decrease the asset level below $10,000.
| 4 | | The services shall be provided, as established by the
| 5 | | Department by rule, to eligible persons
to prevent | 6 | | unnecessary or premature institutionalization, to
the | 7 | | extent that the cost of the services, together with the
| 8 | | other personal maintenance expenses of the persons, are | 9 | | reasonably
related to the standards established for care in | 10 | | a group facility
appropriate to their condition. These | 11 | | non-institutional
services, pilot projects or experimental | 12 | | facilities may be provided as part of
or in addition to | 13 | | those authorized by federal law or those funded and
| 14 | | administered by the Illinois Department on Aging. The | 15 | | Department shall set rates and fees for services in a fair | 16 | | and equitable manner. Services identical to those offered | 17 | | by the Department on Aging shall be paid at the same rate.
| 18 | | Except as otherwise provided in this paragraph, | 19 | | personal assistants shall be paid at a rate negotiated
| 20 | | between the State and an exclusive representative of | 21 | | personal
assistants under a collective bargaining | 22 | | agreement. In no case
shall the Department pay personal | 23 | | assistants an hourly wage
that is less than the federal | 24 | | minimum wage. Within 30 days after July 6, 2017 (the | 25 | | effective date of Public Act 100-23), the hourly wage paid | 26 | | to personal assistants and individual maintenance home |
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| 1 | | health workers shall be increased by $0.48 per hour.
| 2 | | Solely for the purposes of coverage under the Illinois | 3 | | Public Labor
Relations
Act, personal assistants providing
| 4 | | services under
the Department's Home Services Program | 5 | | shall be considered to be public
employees
and the State of | 6 | | Illinois shall be considered to be their employer as of | 7 | | July 16, 2003 (the
effective date of Public Act 93-204), | 8 | | but not before. Solely for the purposes of coverage under | 9 | | the Illinois Public Labor Relations Act, home care and home | 10 | | health workers who function as personal assistants and | 11 | | individual maintenance home health workers and who also | 12 | | provide services under the Department's Home Services | 13 | | Program shall be considered to be public employees, no | 14 | | matter whether the State provides such services through | 15 | | direct fee-for-service arrangements, with the assistance | 16 | | of a managed care organization or other intermediary, or | 17 | | otherwise, and the State of Illinois shall be considered to | 18 | | be the employer of those persons as of January 29, 2013 | 19 | | (the effective date of Public Act 97-1158), but not before | 20 | | except as otherwise provided under this subsection (f). The | 21 | | State
shall
engage in collective bargaining with an | 22 | | exclusive representative of home care and home health | 23 | | workers who function as personal assistants and individual | 24 | | maintenance home health workers working under the Home | 25 | | Services Program
concerning
their terms and conditions of | 26 | | employment that are within the State's control.
Nothing in
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| 1 | | this paragraph shall be understood to limit the right of | 2 | | the persons receiving
services
defined in this Section to | 3 | | hire and fire
home care and home health workers who | 4 | | function as personal assistants
and individual maintenance | 5 | | home health workers working under the Home Services Program | 6 | | or to supervise them within the limitations set by the Home | 7 | | Services Program. The
State
shall not be considered to be | 8 | | the employer of
home care and home health workers who | 9 | | function as personal
assistants and individual maintenance | 10 | | home health workers working under the Home Services Program | 11 | | for any purposes not specifically provided in Public Act | 12 | | 93-204 or Public Act 97-1158, including but not limited to, | 13 | | purposes of vicarious liability
in tort and
purposes of | 14 | | statutory retirement or health insurance benefits. Home | 15 | | care and home health workers who function as personal | 16 | | assistants and individual maintenance home health workers | 17 | | and who also provide services under the Department's Home | 18 | | Services Program shall not be covered by the State | 19 | | Employees Group
Insurance Act
of 1971.
| 20 | | The Department shall adopt rules to permit a personal | 21 | | assistant who provides services to a person enrolled in the | 22 | | Department's Home Services Program to drive, operate, or be | 23 | | in physical control of any motor vehicle owned by the | 24 | | person receiving home services. A personal assistant's use | 25 | | of any motor vehicle owned by the person receiving home | 26 | | services shall be limited to one of those uses, as |
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| 1 | | determined by the Department, that are appropriate to | 2 | | effectuate the personal assistant's duties and | 3 | | responsibilities under the Home Services Program. No | 4 | | personal assistant shall be authorized to drive, operate, | 5 | | or be in physical control of any motor vehicle owned by a | 6 | | person receiving home services unless (i) the personal | 7 | | assistant holds a valid driver's license in accordance with | 8 | | Section 6-101 of the Illinois Vehicle Code and (ii) the | 9 | | motor vehicle is covered by a liability insurance policy in | 10 | | accordance with Section 7-601 of the Illinois Vehicle Code. | 11 | | The Department shall execute, relative to nursing home | 12 | | prescreening, as authorized by Section 4.03 of the Illinois | 13 | | Act on the Aging,
written inter-agency agreements with the | 14 | | Department on Aging and
the Department of Healthcare and | 15 | | Family Services, to effect the intake procedures
and | 16 | | eligibility criteria for those persons who may need long | 17 | | term care. On and after July 1, 1996, all nursing
home | 18 | | prescreenings for individuals 18 through 59 years of age | 19 | | shall be
conducted by the Department, or a designee of the
| 20 | | Department.
| 21 | | The Department is authorized to establish a system of | 22 | | recipient cost-sharing
for services provided under this | 23 | | Section. The cost-sharing shall be based upon
the | 24 | | recipient's ability to pay for services, but in no case | 25 | | shall the
recipient's share exceed the actual cost of the | 26 | | services provided. Protected
income shall not be |
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| 1 | | considered by the Department in its determination of the
| 2 | | recipient's ability to pay a share of the cost of services. | 3 | | The level of
cost-sharing shall be adjusted each year to | 4 | | reflect changes in the "protected
income" level. The | 5 | | Department shall deduct from the recipient's share of the
| 6 | | cost of services any money expended by the recipient for | 7 | | disability-related
expenses.
| 8 | | To the extent permitted under the federal Social | 9 | | Security Act, the Department, or the Department's | 10 | | authorized representative, may recover
the amount of | 11 | | moneys expended for services provided to or in behalf of a | 12 | | person
under this Section by a claim against the person's | 13 | | estate or against the estate
of the person's surviving | 14 | | spouse, but no recovery may be had until after the
death of | 15 | | the surviving spouse, if any, and then only at such time | 16 | | when there is
no surviving child who is under age 21 or | 17 | | blind or who has a permanent and total disability. This | 18 | | paragraph, however, shall not bar recovery, at the death of | 19 | | the
person, of moneys for services provided to the person | 20 | | or in behalf of the
person under this Section to which the | 21 | | person was not entitled; provided that
such recovery shall | 22 | | not be enforced against any real estate while
it is | 23 | | occupied as a homestead by the surviving spouse or other | 24 | | dependent, if no
claims by other creditors have been filed | 25 | | against the estate, or, if such
claims have been filed, | 26 | | they remain dormant for failure of prosecution or
failure |
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| 1 | | of the claimant to compel administration of the estate for | 2 | | the purpose
of payment. This paragraph shall not bar | 3 | | recovery from the estate of a spouse,
under Sections 1915 | 4 | | and 1924 of the Social Security Act and Section 5-4 of the
| 5 | | Illinois Public Aid Code, who precedes a person receiving | 6 | | services under this
Section in death. All moneys for | 7 | | services
paid to or in behalf of the person under this | 8 | | Section shall be claimed for
recovery from the deceased | 9 | | spouse's estate. "Homestead", as used in this
paragraph, | 10 | | means the dwelling house and
contiguous real estate | 11 | | occupied by a surviving spouse or relative, as defined
by | 12 | | the rules and regulations of the Department of Healthcare | 13 | | and Family Services,
regardless of the value of the | 14 | | property.
| 15 | | The Department shall submit an annual report on | 16 | | programs and
services provided under this Section. The | 17 | | report shall be filed
with the Governor and the General | 18 | | Assembly on or before March
30
each year.
| 19 | | The requirement for reporting to the General Assembly | 20 | | shall be satisfied
by filing copies of the report
as | 21 | | required by Section 3.1 of the General Assembly | 22 | | Organization Act, and filing
additional copies with the | 23 | | State
Government Report Distribution Center for the | 24 | | General Assembly as
required under paragraph (t) of Section | 25 | | 7 of the State Library Act.
| 26 | | (g) To establish such subdivisions of the Department
as |
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| 1 | | shall be desirable and assign to the various subdivisions | 2 | | the
responsibilities and duties placed upon the Department | 3 | | by law.
| 4 | | (h) To cooperate and enter into any necessary | 5 | | agreements with the
Department of Employment Security for | 6 | | the provision of job placement and
job referral services to | 7 | | clients of the Department, including job
service | 8 | | registration of such clients with Illinois Employment | 9 | | Security
offices and making job listings maintained by the | 10 | | Department of Employment
Security available to such | 11 | | clients.
| 12 | | (i) To possess all powers reasonable and necessary for
| 13 | | the exercise and administration of the powers, duties and
| 14 | | responsibilities of the Department which are provided for | 15 | | by law.
| 16 | | (j) (Blank).
| 17 | | (k) (Blank).
| 18 | | (l) To establish, operate, and maintain a Statewide | 19 | | Housing Clearinghouse
of information on available | 20 | | government subsidized housing accessible to
persons with | 21 | | disabilities and available privately owned housing | 22 | | accessible to
persons with disabilities. The information | 23 | | shall include, but not be limited to, the
location, rental | 24 | | requirements, access features and proximity to public
| 25 | | transportation of available housing. The Clearinghouse | 26 | | shall consist
of at least a computerized database for the |
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| 1 | | storage and retrieval of
information and a separate or | 2 | | shared toll free telephone number for use by
those seeking | 3 | | information from the Clearinghouse. Department offices and
| 4 | | personnel throughout the State shall also assist in the | 5 | | operation of the
Statewide Housing Clearinghouse. | 6 | | Cooperation with local, State, and federal
housing | 7 | | managers shall be sought and extended in order to | 8 | | frequently and
promptly update the Clearinghouse's | 9 | | information.
| 10 | | (m) To assure that the names and case records of | 11 | | persons who received or
are
receiving services from the | 12 | | Department, including persons receiving vocational
| 13 | | rehabilitation, home services, or other services, and | 14 | | those attending one of
the Department's schools or other | 15 | | supervised facility shall be confidential and
not be open | 16 | | to the general public. Those case records and reports or | 17 | | the
information contained in those records and reports | 18 | | shall be disclosed by the
Director only to proper law | 19 | | enforcement officials, individuals authorized by a
court, | 20 | | the General Assembly or any committee or commission of the | 21 | | General
Assembly, and other persons and for reasons as the | 22 | | Director designates by rule.
Disclosure by the Director may | 23 | | be only in accordance with other applicable
law.
| 24 | | (Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17; | 25 | | 100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff. | 26 | | 8-14-18; 100-1148, eff. 12-10-18.)
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