Illinois General Assembly - Full Text of HB2566
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2566  102nd General Assembly

HB2566 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2566

 

Introduced 2/19/2021, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 105/4.01  from Ch. 23, par. 6104.01
20 ILCS 105/4.02  from Ch. 23, par. 6104.02
20 ILCS 105/4.06

    Amends the Illinois Act on the Aging. In provisions concerning the powers and duties of the Department on Aging under the Act, requires the Department to work with workforce development providers through the federal Workforce Innovation and Opportunity Act to establish and implement an affirmative action employment plan for the recruitment, hiring, training, and retraining of persons 60 or more years old for jobs for which their employment would not be precluded by law (rather than requiring the Department to make a grant to an institution of higher learning to study the feasibility of establishing and implementing an affirmative action employment plan for the recruitment, hiring, training, and retraining of persons 60 or more years old for jobs for which their employment would not be precluded by law). Requires the Department to conduct demonstration projects to identify additional ways to assist aging and minority senior citizens throughout the State (rather than requiring the Department to conduct a study of the feasibility of implementing the Senior Companion Program throughout the State). In a provision requiring the Department on Aging and the Department of Human Services to file a joint report with the Governor and the General Assembly, removes the requirement that the report be filed on or before September 30 of each year. Requires the Department on Aging and other specified agencies to submit an annual report on program and services for minority senior citizens in the State to be filed with the Governor and the General Assembly within 12 months of the closing of the lapse period for the fiscal year included in the report.


LRB102 16932 KTG 22348 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2566LRB102 16932 KTG 22348 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 Sections 4.01, 4.02, and 4.06 as follows:
 
6    (20 ILCS 105/4.01)  (from Ch. 23, par. 6104.01)
7    Sec. 4.01. Additional powers and duties of the Department.
8In addition to powers and duties otherwise provided by law,
9the Department shall have the following powers and duties:
10    (1) To evaluate all programs, services, and facilities for
11the aged and for minority senior citizens within the State and
12determine the extent to which present public or private
13programs, services and facilities meet the needs of the aged.
14    (2) To coordinate and evaluate all programs, services, and
15facilities for the Aging and for minority senior citizens
16presently furnished by State agencies and make appropriate
17recommendations regarding such services, programs and
18facilities to the Governor and/or the General Assembly.
19    (2-a) To request, receive, and share information
20electronically through the use of data-sharing agreements for
21the purpose of (i) establishing and verifying the initial and
22continuing eligibility of older adults to participate in
23programs administered by the Department; (ii) maximizing

 

 

HB2566- 2 -LRB102 16932 KTG 22348 b

1federal financial participation in State assistance
2expenditures; and (iii) investigating allegations of fraud or
3other abuse of publicly funded benefits. Notwithstanding any
4other law to the contrary, but only for the limited purposes
5identified in the preceding sentence, this paragraph (2-a)
6expressly authorizes the exchanges of income, identification,
7and other pertinent eligibility information by and among the
8Department and the Social Security Administration, the
9Department of Employment Security, the Department of
10Healthcare and Family Services, the Department of Human
11Services, the Department of Revenue, the Secretary of State,
12the U.S. Department of Veterans Affairs, and any other
13governmental entity. The confidentiality of information
14otherwise shall be maintained as required by law. In addition,
15the Department on Aging shall verify employment information at
16the request of a community care provider for the purpose of
17ensuring program integrity under the Community Care Program.
18    (3) To function as the sole State agency to develop a
19comprehensive plan to meet the needs of the State's senior
20citizens and the State's minority senior citizens.
21    (4) To receive and disburse State and federal funds made
22available directly to the Department including those funds
23made available under the Older Americans Act and the Senior
24Community Service Employment Program for providing services
25for senior citizens and minority senior citizens or for
26purposes related thereto, and shall develop and administer any

 

 

HB2566- 3 -LRB102 16932 KTG 22348 b

1State Plan for the Aging required by federal law.
2    (5) To solicit, accept, hold, and administer in behalf of
3the State any grants or legacies of money, securities, or
4property to the State of Illinois for services to senior
5citizens and minority senior citizens or purposes related
6thereto.
7    (6) To provide consultation and assistance to communities,
8area agencies on aging, and groups developing local services
9for senior citizens and minority senior citizens.
10    (7) To promote community education regarding the problems
11of senior citizens and minority senior citizens through
12institutes, publications, radio, television and the local
13press.
14    (8) To cooperate with agencies of the federal government
15in studies and conferences designed to examine the needs of
16senior citizens and minority senior citizens and to prepare
17programs and facilities to meet those needs.
18    (9) To establish and maintain information and referral
19sources throughout the State when not provided by other
20agencies.
21    (10) To provide the staff support that may reasonably be
22required by the Council.
23    (11) To make and enforce rules and regulations necessary
24and proper to the performance of its duties.
25    (12) To establish and fund programs or projects or
26experimental facilities that are specially designed as

 

 

HB2566- 4 -LRB102 16932 KTG 22348 b

1alternatives to institutional care.
2    (13) To develop a training program to train the counselors
3presently employed by the Department's aging network to
4provide Medicare beneficiaries with counseling and advocacy in
5Medicare, private health insurance, and related health care
6coverage plans. The Department shall report to the General
7Assembly on the implementation of the training program on or
8before December 1, 1986.
9    (14) To work with workforce development providers through
10the federal Workforce Innovation and Opportunity Act to
11establish and implement make a grant to an institution of
12higher learning to study the feasibility of establishing and
13implementing an affirmative action employment plan for the
14recruitment, hiring, training and retraining of persons 60 or
15more years old for jobs for which their employment would not be
16precluded by law.
17    (15) To present one award annually in each of the
18categories of community service, education, the performance
19and graphic arts, and the labor force to outstanding Illinois
20senior citizens and minority senior citizens in recognition of
21their individual contributions to either community service,
22education, the performance and graphic arts, or the labor
23force. The awards shall be presented to 4 senior citizens and
24minority senior citizens selected from a list of 44 nominees
25compiled annually by the Department. Nominations shall be
26solicited from senior citizens' service providers, area

 

 

HB2566- 5 -LRB102 16932 KTG 22348 b

1agencies on aging, senior citizens' centers, and senior
2citizens' organizations. The Department shall establish a
3central location within the State to be designated as the
4Senior Illinoisans Hall of Fame for the public display of all
5the annual awards, or replicas thereof.
6    (16) To establish multipurpose senior centers through area
7agencies on aging and to fund those new and existing
8multipurpose senior centers through area agencies on aging,
9the establishment and funding to begin in such areas of the
10State as the Department shall designate by rule and as
11specifically appropriated funds become available.
12    (17) (Blank).
13    (18) To develop a pamphlet in English and Spanish which
14may be used by physicians licensed to practice medicine in all
15of its branches pursuant to the Medical Practice Act of 1987,
16pharmacists licensed pursuant to the Pharmacy Practice Act,
17and Illinois residents 65 years of age or older for the purpose
18of assisting physicians, pharmacists, and patients in
19monitoring prescriptions provided by various physicians and to
20aid persons 65 years of age or older in complying with
21directions for proper use of pharmaceutical prescriptions. The
22pamphlet may provide space for recording information including
23but not limited to the following:
24        (a) name and telephone number of the patient;
25        (b) name and telephone number of the prescribing
26    physician;

 

 

HB2566- 6 -LRB102 16932 KTG 22348 b

1        (c) date of prescription;
2        (d) name of drug prescribed;
3        (e) directions for patient compliance; and
4        (f) name and telephone number of dispensing pharmacy.
5    In developing the pamphlet, the Department shall consult
6with the Illinois State Medical Society, the Center for
7Minority Health Services, the Illinois Pharmacists Association
8and senior citizens organizations. The Department shall
9distribute the pamphlets to physicians, pharmacists and
10persons 65 years of age or older or various senior citizen
11organizations throughout the State.
12    (19) To conduct demonstration projects to identify
13additional ways to assist aging and minority senior citizens a
14study of the feasibility of implementing the Senior Companion
15Program throughout the State.
16    (20) The reimbursement rates paid through the community
17care program for chore housekeeping services and home care
18aides shall be the same.
19    (21) From funds appropriated to the Department from the
20Meals on Wheels Fund, a special fund in the State treasury that
21is hereby created, and in accordance with State and federal
22guidelines and the intrastate funding formula, to make grants
23to area agencies on aging, designated by the Department, for
24the sole purpose of delivering meals to homebound persons 60
25years of age and older.
26    (22) To distribute, through its area agencies on aging,

 

 

HB2566- 7 -LRB102 16932 KTG 22348 b

1information alerting seniors on safety issues regarding
2emergency weather conditions, including extreme heat and cold,
3flooding, tornadoes, electrical storms, and other severe storm
4weather. The information shall include all necessary
5instructions for safety and all emergency telephone numbers of
6organizations that will provide additional information and
7assistance.
8    (23) To develop guidelines for the organization and
9implementation of Volunteer Services Credit Programs to be
10administered by Area Agencies on Aging or community based
11senior service organizations. The Department shall hold public
12hearings on the proposed guidelines for public comment,
13suggestion, and determination of public interest. The
14guidelines shall be based on the findings of other states and
15of community organizations in Illinois that are currently
16operating volunteer services credit programs or demonstration
17volunteer services credit programs. The Department shall offer
18guidelines for all aspects of the programs including, but not
19limited to, the following:
20        (a) types of services to be offered by volunteers;
21        (b) types of services to be received upon the
22    redemption of service credits;
23        (c) issues of liability for the volunteers and the
24    administering organizations;
25        (d) methods of tracking service credits earned and
26    service credits redeemed;

 

 

HB2566- 8 -LRB102 16932 KTG 22348 b

1        (e) issues of time limits for redemption of service
2    credits;
3        (f) methods of recruitment of volunteers;
4        (g) utilization of community volunteers, community
5    service groups, and other resources for delivering
6    services to be received by service credit program clients;
7        (h) accountability and assurance that services will be
8    available to individuals who have earned service credits;
9    and
10        (i) volunteer screening and qualifications.
11The Department shall submit a written copy of the guidelines
12to the General Assembly by July 1, 1998.
13    (24) To function as the sole State agency to receive and
14disburse State and federal funds for providing adult
15protective services in a domestic living situation in
16accordance with the Adult Protective Services Act.
17    (25) To hold conferences, trainings, and other programs
18for which the Department shall determine by rule a reasonable
19fee to cover related administrative costs. Rules to implement
20the fee authority granted by this paragraph (25) must be
21adopted in accordance with all provisions of the Illinois
22Administrative Procedure Act and all rules and procedures of
23the Joint Committee on Administrative Rules; any purported
24rule not so adopted, for whatever reason, is unauthorized.
25(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
26eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16.)
 

 

 

HB2566- 9 -LRB102 16932 KTG 22348 b

1    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
2    Sec. 4.02. Community Care Program. The Department shall
3establish a program of services to prevent unnecessary
4institutionalization of persons age 60 and older in need of
5long term care or who are established as persons who suffer
6from Alzheimer's disease or a related disorder under the
7Alzheimer's Disease Assistance Act, thereby enabling them to
8remain in their own homes or in other living arrangements.
9Such preventive services, which may be coordinated with other
10programs for the aged and monitored by area agencies on aging
11in cooperation with the Department, may include, but are not
12limited to, any or all of the following:
13        (a) (blank);
14        (b) (blank);
15        (c) home care aide services;
16        (d) personal assistant services;
17        (e) adult day services;
18        (f) home-delivered meals;
19        (g) education in self-care;
20        (h) personal care services;
21        (i) adult day health services;
22        (j) habilitation services;
23        (k) respite care;
24        (k-5) community reintegration services;
25        (k-6) flexible senior services;

 

 

HB2566- 10 -LRB102 16932 KTG 22348 b

1        (k-7) medication management;
2        (k-8) emergency home response;
3        (l) other nonmedical social services that may enable
4    the person to become self-supporting; or
5        (m) clearinghouse for information provided by senior
6    citizen home owners who want to rent rooms to or share
7    living space with other senior citizens.
8    The Department shall establish eligibility standards for
9such services. In determining the amount and nature of
10services for which a person may qualify, consideration shall
11not be given to the value of cash, property or other assets
12held in the name of the person's spouse pursuant to a written
13agreement dividing marital property into equal but separate
14shares or pursuant to a transfer of the person's interest in a
15home to his spouse, provided that the spouse's share of the
16marital property is not made available to the person seeking
17such services.
18    Beginning January 1, 2008, the Department shall require as
19a condition of eligibility that all new financially eligible
20applicants apply for and enroll in medical assistance under
21Article V of the Illinois Public Aid Code in accordance with
22rules promulgated by the Department.
23    The Department shall, in conjunction with the Department
24of Public Aid (now Department of Healthcare and Family
25Services), seek appropriate amendments under Sections 1915 and
261924 of the Social Security Act. The purpose of the amendments

 

 

HB2566- 11 -LRB102 16932 KTG 22348 b

1shall be to extend eligibility for home and community based
2services under Sections 1915 and 1924 of the Social Security
3Act to persons who transfer to or for the benefit of a spouse
4those amounts of income and resources allowed under Section
51924 of the Social Security Act. Subject to the approval of
6such amendments, the Department shall extend the provisions of
7Section 5-4 of the Illinois Public Aid Code to persons who, but
8for the provision of home or community-based services, would
9require the level of care provided in an institution, as is
10provided for in federal law. Those persons no longer found to
11be eligible for receiving noninstitutional services due to
12changes in the eligibility criteria shall be given 45 days
13notice prior to actual termination. Those persons receiving
14notice of termination may contact the Department and request
15the determination be appealed at any time during the 45 day
16notice period. The target population identified for the
17purposes of this Section are persons age 60 and older with an
18identified service need. Priority shall be given to those who
19are at imminent risk of institutionalization. The services
20shall be provided to eligible persons age 60 and older to the
21extent that the cost of the services together with the other
22personal maintenance expenses of the persons are reasonably
23related to the standards established for care in a group
24facility appropriate to the person's condition. These
25non-institutional services, pilot projects or experimental
26facilities may be provided as part of or in addition to those

 

 

HB2566- 12 -LRB102 16932 KTG 22348 b

1authorized by federal law or those funded and administered by
2the Department of Human Services. The Departments of Human
3Services, Healthcare and Family Services, Public Health,
4Veterans' Affairs, and Commerce and Economic Opportunity and
5other appropriate agencies of State, federal and local
6governments shall cooperate with the Department on Aging in
7the establishment and development of the non-institutional
8services. The Department shall require an annual audit from
9all personal assistant and home care aide vendors contracting
10with the Department under this Section. The annual audit shall
11assure that each audited vendor's procedures are in compliance
12with Department's financial reporting guidelines requiring an
13administrative and employee wage and benefits cost split as
14defined in administrative rules. The audit is a public record
15under the Freedom of Information Act. The Department shall
16execute, relative to the nursing home prescreening project,
17written inter-agency agreements with the Department of Human
18Services and the Department of Healthcare and Family Services,
19to effect the following: (1) intake procedures and common
20eligibility criteria for those persons who are receiving
21non-institutional services; and (2) the establishment and
22development of non-institutional services in areas of the
23State where they are not currently available or are
24undeveloped. On and after July 1, 1996, all nursing home
25prescreenings for individuals 60 years of age or older shall
26be conducted by the Department.

 

 

HB2566- 13 -LRB102 16932 KTG 22348 b

1    As part of the Department on Aging's routine training of
2case managers and case manager supervisors, the Department may
3include information on family futures planning for persons who
4are age 60 or older and who are caregivers of their adult
5children with developmental disabilities. The content of the
6training shall be at the Department's discretion.
7    The Department is authorized to establish a system of
8recipient copayment for services provided under this Section,
9such copayment to be based upon the recipient's ability to pay
10but in no case to exceed the actual cost of the services
11provided. Additionally, any portion of a person's income which
12is equal to or less than the federal poverty standard shall not
13be considered by the Department in determining the copayment.
14The level of such copayment shall be adjusted whenever
15necessary to reflect any change in the officially designated
16federal poverty standard.
17    The Department, or the Department's authorized
18representative, may recover the amount of moneys expended for
19services provided to or in behalf of a person under this
20Section by a claim against the person's estate or against the
21estate of the person's surviving spouse, but no recovery may
22be had until after the death of the surviving spouse, if any,
23and then only at such time when there is no surviving child who
24is under age 21 or blind or who has a permanent and total
25disability. This paragraph, however, shall not bar recovery,
26at the death of the person, of moneys for services provided to

 

 

HB2566- 14 -LRB102 16932 KTG 22348 b

1the person or in behalf of the person under this Section to
2which the person was not entitled; provided that such recovery
3shall not be enforced against any real estate while it is
4occupied as a homestead by the surviving spouse or other
5dependent, if no claims by other creditors have been filed
6against the estate, or, if such claims have been filed, they
7remain dormant for failure of prosecution or failure of the
8claimant to compel administration of the estate for the
9purpose of payment. This paragraph shall not bar recovery from
10the estate of a spouse, under Sections 1915 and 1924 of the
11Social Security Act and Section 5-4 of the Illinois Public Aid
12Code, who precedes a person receiving services under this
13Section in death. All moneys for services paid to or in behalf
14of the person under this Section shall be claimed for recovery
15from the deceased spouse's estate. "Homestead", as used in
16this paragraph, means the dwelling house and contiguous real
17estate occupied by a surviving spouse or relative, as defined
18by the rules and regulations of the Department of Healthcare
19and Family Services, regardless of the value of the property.
20    The Department shall increase the effectiveness of the
21existing Community Care Program by:
22        (1) ensuring that in-home services included in the
23    care plan are available on evenings and weekends;
24        (2) ensuring that care plans contain the services that
25    eligible participants need based on the number of days in
26    a month, not limited to specific blocks of time, as

 

 

HB2566- 15 -LRB102 16932 KTG 22348 b

1    identified by the comprehensive assessment tool selected
2    by the Department for use statewide, not to exceed the
3    total monthly service cost maximum allowed for each
4    service; the Department shall develop administrative rules
5    to implement this item (2);
6        (3) ensuring that the participants have the right to
7    choose the services contained in their care plan and to
8    direct how those services are provided, based on
9    administrative rules established by the Department;
10        (4) ensuring that the determination of need tool is
11    accurate in determining the participants' level of need;
12    to achieve this, the Department, in conjunction with the
13    Older Adult Services Advisory Committee, shall institute a
14    study of the relationship between the Determination of
15    Need scores, level of need, service cost maximums, and the
16    development and utilization of service plans no later than
17    May 1, 2008; findings and recommendations shall be
18    presented to the Governor and the General Assembly no
19    later than January 1, 2009; recommendations shall include
20    all needed changes to the service cost maximums schedule
21    and additional covered services;
22        (5) ensuring that homemakers can provide personal care
23    services that may or may not involve contact with clients,
24    including but not limited to:
25            (A) bathing;
26            (B) grooming;

 

 

HB2566- 16 -LRB102 16932 KTG 22348 b

1            (C) toileting;
2            (D) nail care;
3            (E) transferring;
4            (F) respiratory services;
5            (G) exercise; or
6            (H) positioning;
7        (6) ensuring that homemaker program vendors are not
8    restricted from hiring homemakers who are family members
9    of clients or recommended by clients; the Department may
10    not, by rule or policy, require homemakers who are family
11    members of clients or recommended by clients to accept
12    assignments in homes other than the client;
13        (7) ensuring that the State may access maximum federal
14    matching funds by seeking approval for the Centers for
15    Medicare and Medicaid Services for modifications to the
16    State's home and community based services waiver and
17    additional waiver opportunities, including applying for
18    enrollment in the Balance Incentive Payment Program by May
19    1, 2013, in order to maximize federal matching funds; this
20    shall include, but not be limited to, modification that
21    reflects all changes in the Community Care Program
22    services and all increases in the services cost maximum;
23        (8) ensuring that the determination of need tool
24    accurately reflects the service needs of individuals with
25    Alzheimer's disease and related dementia disorders;
26        (9) ensuring that services are authorized accurately

 

 

HB2566- 17 -LRB102 16932 KTG 22348 b

1    and consistently for the Community Care Program (CCP); the
2    Department shall implement a Service Authorization policy
3    directive; the purpose shall be to ensure that eligibility
4    and services are authorized accurately and consistently in
5    the CCP program; the policy directive shall clarify
6    service authorization guidelines to Care Coordination
7    Units and Community Care Program providers no later than
8    May 1, 2013;
9        (10) working in conjunction with Care Coordination
10    Units, the Department of Healthcare and Family Services,
11    the Department of Human Services, Community Care Program
12    providers, and other stakeholders to make improvements to
13    the Medicaid claiming processes and the Medicaid
14    enrollment procedures or requirements as needed,
15    including, but not limited to, specific policy changes or
16    rules to improve the up-front enrollment of participants
17    in the Medicaid program and specific policy changes or
18    rules to insure more prompt submission of bills to the
19    federal government to secure maximum federal matching
20    dollars as promptly as possible; the Department on Aging
21    shall have at least 3 meetings with stakeholders by
22    January 1, 2014 in order to address these improvements;
23        (11) requiring home care service providers to comply
24    with the rounding of hours worked provisions under the
25    federal Fair Labor Standards Act (FLSA) and as set forth
26    in 29 CFR 785.48(b) by May 1, 2013;

 

 

HB2566- 18 -LRB102 16932 KTG 22348 b

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

 

 

HB2566- 19 -LRB102 16932 KTG 22348 b

11991, no person may perform chore/housekeeping and home care
2aide services under a program authorized by this Section
3unless that person has been issued a certificate of
4pre-service to do so by his or her employing agency.
5Information gathered to effect such certification shall
6include (i) the person's name, (ii) the date the person was
7hired by his or her current employer, and (iii) the training,
8including dates and levels. Persons engaged in the program
9authorized by this Section before the effective date of this
10amendatory Act of 1991 shall be issued a certificate of all
11pre- and in-service training from his or her employer upon
12submitting the necessary information. The employing agency
13shall be required to retain records of all staff pre- and
14in-service training, and shall provide such records to the
15Department upon request and upon termination of the employer's
16contract with the Department. In addition, the employing
17agency is responsible for the issuance of certifications of
18in-service training completed to their employees.
19    The Department is required to develop a system to ensure
20that persons working as home care aides and personal
21assistants receive increases in their wages when the federal
22minimum wage is increased by requiring vendors to certify that
23they are meeting the federal minimum wage statute for home
24care aides and personal assistants. An employer that cannot
25ensure that the minimum wage increase is being given to home
26care aides and personal assistants shall be denied any

 

 

HB2566- 20 -LRB102 16932 KTG 22348 b

1increase in reimbursement costs.
2    The Community Care Program Advisory Committee is created
3in the Department on Aging. The Director shall appoint
4individuals to serve in the Committee, who shall serve at
5their own expense. Members of the Committee must abide by all
6applicable ethics laws. The Committee shall advise the
7Department on issues related to the Department's program of
8services to prevent unnecessary institutionalization. The
9Committee shall meet on a bi-monthly basis and shall serve to
10identify and advise the Department on present and potential
11issues affecting the service delivery network, the program's
12clients, and the Department and to recommend solution
13strategies. Persons appointed to the Committee shall be
14appointed on, but not limited to, their own and their agency's
15experience with the program, geographic representation, and
16willingness to serve. The Director shall appoint members to
17the Committee to represent provider, advocacy, policy
18research, and other constituencies committed to the delivery
19of high quality home and community-based services to older
20adults. Representatives shall be appointed to ensure
21representation from community care providers including, but
22not limited to, adult day service providers, homemaker
23providers, case coordination and case management units,
24emergency home response providers, statewide trade or labor
25unions that represent home care aides and direct care staff,
26area agencies on aging, adults over age 60, membership

 

 

HB2566- 21 -LRB102 16932 KTG 22348 b

1organizations representing older adults, and other
2organizational entities, providers of care, or individuals
3with demonstrated interest and expertise in the field of home
4and community care as determined by the Director.
5    Nominations may be presented from any agency or State
6association with interest in the program. The Director, or his
7or her designee, shall serve as the permanent co-chair of the
8advisory committee. One other co-chair shall be nominated and
9approved by the members of the committee on an annual basis.
10Committee members' terms of appointment shall be for 4 years
11with one-quarter of the appointees' terms expiring each year.
12A member shall continue to serve until his or her replacement
13is named. The Department shall fill vacancies that have a
14remaining term of over one year, and this replacement shall
15occur through the annual replacement of expiring terms. The
16Director shall designate Department staff to provide technical
17assistance and staff support to the committee. Department
18representation shall not constitute membership of the
19committee. All Committee papers, issues, recommendations,
20reports, and meeting memoranda are advisory only. The
21Director, or his or her designee, shall make a written report,
22as requested by the Committee, regarding issues before the
23Committee.
24    The Department on Aging and the Department of Human
25Services shall cooperate in the development and submission of
26an annual report on programs and services provided under this

 

 

HB2566- 22 -LRB102 16932 KTG 22348 b

1Section. Such joint report shall be filed with the Governor
2and the General Assembly on or before September 30 each year.
3    The requirement for reporting to the General Assembly
4shall be satisfied by filing copies of the report as required
5by Section 3.1 of the General Assembly Organization Act and
6filing such additional copies with the State Government Report
7Distribution Center for the General Assembly as is required
8under paragraph (t) of Section 7 of the State Library Act.
9    Those persons previously found eligible for receiving
10non-institutional services whose services were discontinued
11under the Emergency Budget Act of Fiscal Year 1992, and who do
12not meet the eligibility standards in effect on or after July
131, 1992, shall remain ineligible on and after July 1, 1992.
14Those persons previously not required to cost-share and who
15were required to cost-share effective March 1, 1992, shall
16continue to meet cost-share requirements on and after July 1,
171992. Beginning July 1, 1992, all clients will be required to
18meet eligibility, cost-share, and other requirements and will
19have services discontinued or altered when they fail to meet
20these requirements.
21    For the purposes of this Section, "flexible senior
22services" refers to services that require one-time or periodic
23expenditures including, but not limited to, respite care, home
24modification, assistive technology, housing assistance, and
25transportation.
26    The Department shall implement an electronic service

 

 

HB2566- 23 -LRB102 16932 KTG 22348 b

1verification based on global positioning systems or other
2cost-effective technology for the Community Care Program no
3later than January 1, 2014.
4    The Department shall require, as a condition of
5eligibility, enrollment in the medical assistance program
6under Article V of the Illinois Public Aid Code (i) beginning
7August 1, 2013, if the Auditor General has reported that the
8Department has failed to comply with the reporting
9requirements of Section 2-27 of the Illinois State Auditing
10Act; or (ii) beginning June 1, 2014, if the Auditor General has
11reported that the Department has not undertaken the required
12actions listed in the report required by subsection (a) of
13Section 2-27 of the Illinois State Auditing Act.
14    The Department shall delay Community Care Program services
15until an applicant is determined eligible for medical
16assistance under Article V of the Illinois Public Aid Code (i)
17beginning August 1, 2013, if the Auditor General has reported
18that the Department has failed to comply with the reporting
19requirements of Section 2-27 of the Illinois State Auditing
20Act; or (ii) beginning June 1, 2014, if the Auditor General has
21reported that the Department has not undertaken the required
22actions listed in the report required by subsection (a) of
23Section 2-27 of the Illinois State Auditing Act.
24    The Department shall implement co-payments for the
25Community Care Program at the federally allowable maximum
26level (i) beginning August 1, 2013, if the Auditor General has

 

 

HB2566- 24 -LRB102 16932 KTG 22348 b

1reported that the Department has failed to comply with the
2reporting requirements of Section 2-27 of the Illinois State
3Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
4General has reported that the Department has not undertaken
5the required actions listed in the report required by
6subsection (a) of Section 2-27 of the Illinois State Auditing
7Act.
8    The Department shall provide a bi-monthly report on the
9progress of the Community Care Program reforms set forth in
10this amendatory Act of the 98th General Assembly to the
11Governor, the Speaker of the House of Representatives, the
12Minority Leader of the House of Representatives, the President
13of the Senate, and the Minority Leader of the Senate.
14    The Department shall conduct a quarterly review of Care
15Coordination Unit performance and adherence to service
16guidelines. The quarterly review shall be reported to the
17Speaker of the House of Representatives, the Minority Leader
18of the House of Representatives, the President of the Senate,
19and the Minority Leader of the Senate. The Department shall
20collect and report longitudinal data on the performance of
21each care coordination unit. Nothing in this paragraph shall
22be construed to require the Department to identify specific
23care coordination units.
24    In regard to community care providers, failure to comply
25with Department on Aging policies shall be cause for
26disciplinary action, including, but not limited to,

 

 

HB2566- 25 -LRB102 16932 KTG 22348 b

1disqualification from serving Community Care Program clients.
2Each provider, upon submission of any bill or invoice to the
3Department for payment for services rendered, shall include a
4notarized statement, under penalty of perjury pursuant to
5Section 1-109 of the Code of Civil Procedure, that the
6provider has complied with all Department policies.
7    The Director of the Department on Aging shall make
8information available to the State Board of Elections as may
9be required by an agreement the State Board of Elections has
10entered into with a multi-state voter registration list
11maintenance system.
12    Within 30 days after July 6, 2017 (the effective date of
13Public Act 100-23), rates shall be increased to $18.29 per
14hour, for the purpose of increasing, by at least $.72 per hour,
15the wages paid by those vendors to their employees who provide
16homemaker services. The Department shall pay an enhanced rate
17under the Community Care Program to those in-home service
18provider agencies that offer health insurance coverage as a
19benefit to their direct service worker employees consistent
20with the mandates of Public Act 95-713. For State fiscal years
212018 and 2019, the enhanced rate shall be $1.77 per hour. The
22rate shall be adjusted using actuarial analysis based on the
23cost of care, but shall not be set below $1.77 per hour. The
24Department shall adopt rules, including emergency rules under
25subsections (y) and (bb) of Section 5-45 of the Illinois
26Administrative Procedure Act, to implement the provisions of

 

 

HB2566- 26 -LRB102 16932 KTG 22348 b

1this paragraph.
2    The General Assembly finds it necessary to authorize an
3aggressive Medicaid enrollment initiative designed to maximize
4federal Medicaid funding for the Community Care Program which
5produces significant savings for the State of Illinois. The
6Department on Aging shall establish and implement a Community
7Care Program Medicaid Initiative. Under the Initiative, the
8Department on Aging shall, at a minimum: (i) provide an
9enhanced rate to adequately compensate care coordination units
10to enroll eligible Community Care Program clients into
11Medicaid; (ii) use recommendations from a stakeholder
12committee on how best to implement the Initiative; and (iii)
13establish requirements for State agencies to make enrollment
14in the State's Medical Assistance program easier for seniors.
15    The Community Care Program Medicaid Enrollment Oversight
16Subcommittee is created as a subcommittee of the Older Adult
17Services Advisory Committee established in Section 35 of the
18Older Adult Services Act to make recommendations on how best
19to increase the number of medical assistance recipients who
20are enrolled in the Community Care Program. The Subcommittee
21shall consist of all of the following persons who must be
22appointed within 30 days after the effective date of this
23amendatory Act of the 100th General Assembly:
24        (1) The Director of Aging, or his or her designee, who
25    shall serve as the chairperson of the Subcommittee.
26        (2) One representative of the Department of Healthcare

 

 

HB2566- 27 -LRB102 16932 KTG 22348 b

1    and Family Services, appointed by the Director of
2    Healthcare and Family Services.
3        (3) One representative of the Department of Human
4    Services, appointed by the Secretary of Human Services.
5        (4) One individual representing a care coordination
6    unit, appointed by the Director of Aging.
7        (5) One individual from a non-governmental statewide
8    organization that advocates for seniors, appointed by the
9    Director of Aging.
10        (6) One individual representing Area Agencies on
11    Aging, appointed by the Director of Aging.
12        (7) One individual from a statewide association
13    dedicated to Alzheimer's care, support, and research,
14    appointed by the Director of Aging.
15        (8) One individual from an organization that employs
16    persons who provide services under the Community Care
17    Program, appointed by the Director of Aging.
18        (9) One member of a trade or labor union representing
19    persons who provide services under the Community Care
20    Program, appointed by the Director of Aging.
21        (10) One member of the Senate, who shall serve as
22    co-chairperson, appointed by the President of the Senate.
23        (11) One member of the Senate, who shall serve as
24    co-chairperson, appointed by the Minority Leader of the
25    Senate.
26        (12) One member of the House of Representatives, who

 

 

HB2566- 28 -LRB102 16932 KTG 22348 b

1    shall serve as co-chairperson, appointed by the Speaker of
2    the House of Representatives.
3        (13) One member of the House of Representatives, who
4    shall serve as co-chairperson, appointed by the Minority
5    Leader of the House of Representatives.
6        (14) One individual appointed by a labor organization
7    representing frontline employees at the Department of
8    Human Services.
9    The Subcommittee shall provide oversight to the Community
10Care Program Medicaid Initiative and shall meet quarterly. At
11each Subcommittee meeting the Department on Aging shall
12provide the following data sets to the Subcommittee: (A) the
13number of Illinois residents, categorized by planning and
14service area, who are receiving services under the Community
15Care Program and are enrolled in the State's Medical
16Assistance Program; (B) the number of Illinois residents,
17categorized by planning and service area, who are receiving
18services under the Community Care Program, but are not
19enrolled in the State's Medical Assistance Program; and (C)
20the number of Illinois residents, categorized by planning and
21service area, who are receiving services under the Community
22Care Program and are eligible for benefits under the State's
23Medical Assistance Program, but are not enrolled in the
24State's Medical Assistance Program. In addition to this data,
25the Department on Aging shall provide the Subcommittee with
26plans on how the Department on Aging will reduce the number of

 

 

HB2566- 29 -LRB102 16932 KTG 22348 b

1Illinois residents who are not enrolled in the State's Medical
2Assistance Program but who are eligible for medical assistance
3benefits. The Department on Aging shall enroll in the State's
4Medical Assistance Program those Illinois residents who
5receive services under the Community Care Program and are
6eligible for medical assistance benefits but are not enrolled
7in the State's Medicaid Assistance Program. The data provided
8to the Subcommittee shall be made available to the public via
9the Department on Aging's website.
10    The Department on Aging, with the involvement of the
11Subcommittee, shall collaborate with the Department of Human
12Services and the Department of Healthcare and Family Services
13on how best to achieve the responsibilities of the Community
14Care Program Medicaid Initiative.
15    The Department on Aging, the Department of Human Services,
16and the Department of Healthcare and Family Services shall
17coordinate and implement a streamlined process for seniors to
18access benefits under the State's Medical Assistance Program.
19    The Subcommittee shall collaborate with the Department of
20Human Services on the adoption of a uniform application
21submission process. The Department of Human Services and any
22other State agency involved with processing the medical
23assistance application of any person enrolled in the Community
24Care Program shall include the appropriate care coordination
25unit in all communications related to the determination or
26status of the application.

 

 

HB2566- 30 -LRB102 16932 KTG 22348 b

1    The Community Care Program Medicaid Initiative shall
2provide targeted funding to care coordination units to help
3seniors complete their applications for medical assistance
4benefits. On and after July 1, 2019, care coordination units
5shall receive no less than $200 per completed application,
6which rate may be included in a bundled rate for initial intake
7services when Medicaid application assistance is provided in
8conjunction with the initial intake process for new program
9participants.
10    The Community Care Program Medicaid Initiative shall cease
11operation 5 years after the effective date of this amendatory
12Act of the 100th General Assembly, after which the
13Subcommittee shall dissolve.
14(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
15100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)
 
16    (20 ILCS 105/4.06)
17    Sec. 4.06. Minority Senior Citizen Program. The Department
18shall develop a program to identify the special needs and
19problems of minority senior citizens and evaluate the adequacy
20and accessibility of existing programs and information for
21minority senior citizens. The Department shall coordinate
22services for minority senior citizens through the Department
23of Public Health, the Department of Healthcare and Family
24Services, and the Department of Human Services.
25    The Department shall develop procedures to enhance and

 

 

HB2566- 31 -LRB102 16932 KTG 22348 b

1identify availability of services and shall promulgate
2administrative rules to establish the responsibilities of the
3Department.
4    The Department on Aging, the Department of Public Health,
5the Department of Healthcare and Family Services, and the
6Department of Human Services shall cooperate in the
7development and submission of an annual report on programs and
8services provided for minority senior citizens in Illinois
9under this Section. The joint report shall be filed with the
10Governor and the General Assembly within 12 months of the
11closing of the lapse period for the fiscal year included in the
12report on or before September 30 of each year.
13(Source: P.A. 95-331, eff. 8-21-07.)