093_HB1254eng

 
HB1254 Engrossed                     LRB093 06197 BDD 06307 b

 1        AN ACT in relation to aging.

 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.  The Department shall establish a  program  of
 8    services   to  prevent  unnecessary  institutionalization  of
 9    persons age 60 and older in need of long term care or who are
10    established as persons who suffer from Alzheimer's disease or
11    a related disorder under the Alzheimer's  Disease  Assistance
12    Act, thereby enabling them to remain in their own homes or in
13    other  living  arrangements.  Such preventive services, which
14    may be coordinated with  other  programs  for  the  aged  and
15    monitored  by  area agencies on aging in cooperation with the
16    Department, may include, but are not limited to, any  or  all
17    of the following:
18             (a)  home health services;
19             (b)  home nursing services;
20             (c)  homemaker services;
21             (d)  chore and housekeeping services;
22             (e)  day care services;
23             (f)  home-delivered meals;
24             (g)  education in self-care;
25             (h)  personal care services;
26             (i)  adult day health services;
27             (j)  habilitation services;
28             (k)  respite care;
29             (l)  other   nonmedical  social  services  that  may
30        enable the person to become self-supporting; or
31             (m)  clearinghouse  for  information   provided   by
 
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 1        senior  citizen  home owners who want to rent rooms to or
 2        share living space with other senior citizens.
 3        The Department shall establish eligibility standards  for
 4    such  services  taking into consideration the unique economic
 5    and social needs of the target population for whom  they  are
 6    to  be  provided.  The  eligibility  standards must include a
 7    provision that,  to  be  eligible  for  services  under  this
 8    Section,   a   person   may   not  have  assets  (other  than
 9    specifically exempt assets) totaling more than $20,000 if:
10             (1)  the person is unmarried; or
11             (2)  the  person  is  married  and  the   Department
12        determines that:
13                  (A)  the   person's  spouse  receives  services
14             under this Section; or
15                  (B)  the person's spouse resides in  a  skilled
16             nursing or intermediate long-term care facility that
17             is  subject to licensure by the Department of Public
18             Health under the Nursing Home Care Act; or
19                  (C)  the person's spouse does not reside  on  a
20             permanent basis with the person and does not receive
21             support from or give support to the person; or
22                  (D)  the  person  has  been abandoned by his or
23             her spouse; or
24                  (E)  the person  has  been  the  subject  of  a
25             report  of  abuse (as defined in the Elder Abuse and
26             Neglect Act) by his or her spouse.
27        Notwithstanding the preceding paragraph, the  eligibility
28    standards  must  include a provision that, to be eligible for
29    services under this Section, a  person  who  is  married  and
30    whose spouse does not receive services under this Section may
31    not  have  assets  (other  than  specifically  exempt assets)
32    totaling more than the asset disregard  amount  used  by  the
33    Department  of  Public  Aid  in  determining  eligibility for
34    medical assistance under Article V of the Illinois Public Aid
 
HB1254 Engrossed            -3-      LRB093 06197 BDD 06307 b
 1    Code.
 2        Such  eligibility  standards  shall  be  based   on   the
 3    recipient's  ability  to pay for services; provided, however,
 4    that in determining the amount and  nature  of  services  for
 5    which  a person may qualify, consideration shall not be given
 6    to the value of cash, property or other assets  held  in  the
 7    name  of  the person's spouse pursuant to a written agreement
 8    dividing marital property into equal but separate  shares  or
 9    pursuant  to a transfer of the person's interest in a home to
10    his spouse, provided that the spouse's share of  the  marital
11    property  is  not  made  available to the person seeking such
12    services.
13        Beginning July 1, 2002, the Department shall require as a
14    condition of eligibility that all applicants  and  recipients
15    apply  for medical assistance under Article V of the Illinois
16    Public Aid Code in accordance with rules promulgated  by  the
17    Department.
18        The  Department shall, in conjunction with the Department
19    of Public Aid, seek  appropriate  amendments  under  Sections
20    1915 and 1924 of the Social Security Act.  The purpose of the
21    amendments  shall  be  to  extend  eligibility  for  home and
22    community based services under Sections 1915 and 1924 of  the
23    Social  Security  Act  to  persons who transfer to or for the
24    benefit of a spouse those amounts  of  income  and  resources
25    allowed  under  Section  1924  of  the  Social  Security Act.
26    Subject to the approval of such  amendments,  the  Department
27    shall  extend  the  provisions of Section 5-4 of the Illinois
28    Public Aid Code to persons who, but for the provision of home
29    or community-based services, would require the level of  care
30    provided  in  an  institution,  as is provided for in federal
31    law.  Those persons  no  longer  found  to  be  eligible  for
32    receiving  noninstitutional  services  due  to changes in the
33    eligibility criteria shall be given 60 days notice  prior  to
34    actual   termination.   Those  persons  receiving  notice  of
 
HB1254 Engrossed            -4-      LRB093 06197 BDD 06307 b
 1    termination  may  contact  the  Department  and  request  the
 2    determination be appealed at  any  time  during  the  60  day
 3    notice  period.   With the exception of the lengthened notice
 4    and time frame for the appeal  request,  the  appeal  process
 5    shall  follow the normal procedure.  In addition, each person
 6    affected regardless of  the  circumstances  for  discontinued
 7    eligibility  shall  be  given  notice  and the opportunity to
 8    purchase the necessary services through  the  Community  Care
 9    Program.   If  the  individual  does  not  elect  to purchase
10    services, the  Department  shall  advise  the  individual  of
11    alternative  services.   The target population identified for
12    the purposes of this Section are persons  age  60  and  older
13    with  an identified service need.  Priority shall be given to
14    those who are at imminent risk of institutionalization.   The
15    services  shall  be  provided  to eligible persons age 60 and
16    older to the extent that the cost of  the  services  together
17    with  the  other personal maintenance expenses of the persons
18    are reasonably related to the standards established for  care
19    in  a  group  facility appropriate to the person's condition.
20    These   non-institutional   services,   pilot   projects   or
21    experimental facilities may be provided  as  part  of  or  in
22    addition  to  those authorized by federal law or those funded
23    and administered by the Department of  Human  Services.   The
24    Departments  of  Human  Services,  Public Aid, Public Health,
25    Veterans' Affairs, and Commerce  and  Community  Affairs  and
26    other  appropriate  agencies  of  State,  federal  and  local
27    governments  shall  cooperate with the Department on Aging in
28    the establishment and development  of  the  non-institutional
29    services.   The Department shall require an annual audit from
30    all chore/housekeeping and homemaker vendors contracting with
31    the Department under this Section.  The  annual  audit  shall
32    assure   that   each   audited  vendor's  procedures  are  in
33    compliance with Department's financial  reporting  guidelines
34    requiring  a 27% administrative cost split and a 73% employee
 
HB1254 Engrossed            -5-      LRB093 06197 BDD 06307 b
 1    wages and benefits cost split.  The audit is a public  record
 2    under  the  Freedom of Information Act.  The Department shall
 3    execute, relative to the nursing home  prescreening  project,
 4    written  inter-agency agreements with the Department of Human
 5    Services and the Department of  Public  Aid,  to  effect  the
 6    following:   (1)  intake  procedures  and  common eligibility
 7    criteria   for    those    persons    who    are    receiving
 8    non-institutional  services;  and  (2)  the establishment and
 9    development of non-institutional services  in  areas  of  the
10    State   where   they  are  not  currently  available  or  are
11    undeveloped.  On and after July 1,  1996,  all  nursing  home
12    prescreenings  for individuals 60 years of age or older shall
13    be conducted by the Department.
14        The Department is authorized to  establish  a  system  of
15    recipient copayment for services provided under this Section,
16    such  copayment  to  be based upon the recipient's ability to
17    pay but in no case to exceed the actual cost of the  services
18    provided.  Additionally,  any  portion  of  a person's income
19    which is equal to or less than the federal  poverty  standard
20    shall  not be considered by the Department in determining the
21    copayment.  The level of such  copayment  shall  be  adjusted
22    whenever  necessary  to  reflect any change in the officially
23    designated federal poverty standard.
24        The   Department,   or   the   Department's    authorized
25    representative,  shall  recover the amount of moneys expended
26    for services provided to or in behalf of a person under  this
27    Section by a claim against the person's estate or against the
28    estate  of the person's surviving spouse, but no recovery may
29    be had until after the death of the surviving spouse, if any,
30    and then only at such time when there is no  surviving  child
31    who  is  under  age  21,  blind,  or  permanently and totally
32    disabled.  This paragraph, however, shall not  bar  recovery,
33    at  the  death of the person, of moneys for services provided
34    to the person or in behalf of the person under  this  Section
 
HB1254 Engrossed            -6-      LRB093 06197 BDD 06307 b
 1    to  which  the  person  was  not entitled; provided that such
 2    recovery shall not be enforced against any real estate  while
 3    it  is  occupied  as  a  homestead by the surviving spouse or
 4    other dependent, if no claims by other  creditors  have  been
 5    filed against the estate, or, if such claims have been filed,
 6    they  remain dormant for failure of prosecution or failure of
 7    the claimant to compel administration of the estate  for  the
 8    purpose  of  payment.   This paragraph shall not bar recovery
 9    from the estate of a spouse, under Sections 1915 and 1924  of
10    the  Social  Security  Act  and  Section  5-4 of the Illinois
11    Public Aid Code, who precedes  a  person  receiving  services
12    under this Section in death.  All moneys for services paid to
13    or  in  behalf  of  the  person  under  this Section shall be
14    claimed for  recovery  from  the  deceased  spouse's  estate.
15    "Homestead",  as  used  in this paragraph, means the dwelling
16    house and contiguous real  estate  occupied  by  a  surviving
17    spouse  or  relative, as defined by the rules and regulations
18    of the Illinois Department of Public Aid, regardless  of  the
19    value of the property.
20        The   Department  shall  develop  procedures  to  enhance
21    availability of services on evenings,  weekends,  and  on  an
22    emergency  basis  to  meet  the  respite needs of caregivers.
23    Procedures shall be developed to permit  the  utilization  of
24    services  in  successive blocks of 24 hours up to the monthly
25    maximum established by the  Department.    Workers  providing
26    these services shall be appropriately trained.
27        Beginning on the effective date of this Amendatory Act of
28    1991,  no person may perform chore/housekeeping and homemaker
29    services under a program authorized by  this  Section  unless
30    that  person  has been issued a certificate of pre-service to
31    do so by his or her employing agency.   Information  gathered
32    to  effect  such certification shall include (i) the person's
33    name, (ii) the date the  person  was  hired  by  his  or  her
34    current employer, and (iii) the training, including dates and
 
HB1254 Engrossed            -7-      LRB093 06197 BDD 06307 b
 1    levels.   Persons  engaged  in the program authorized by this
 2    Section before the effective date of this amendatory  Act  of
 3    1991 shall be issued a certificate of all pre- and in-service
 4    training  from  his  or  her  employer  upon  submitting  the
 5    necessary   information.    The  employing  agency  shall  be
 6    required to retain records of all staff pre-  and  in-service
 7    training,  and  shall  provide such records to the Department
 8    upon request and upon termination of the employer's  contract
 9    with  the  Department.   In addition, the employing agency is
10    responsible for the issuance of certifications of  in-service
11    training completed to their employees.
12        The  Department is required to develop a system to ensure
13    that persons working as  homemakers  and  chore  housekeepers
14    receive  increases  in  their  wages when the federal minimum
15    wage is increased by requiring vendors to certify  that  they
16    are  meeting  the federal minimum wage statute for homemakers
17    and chore housekeepers.  An employer that cannot ensure  that
18    the  minimum  wage  increase is being given to homemakers and
19    chore  housekeepers  shall  be   denied   any   increase   in
20    reimbursement costs.
21        The  Department  on  Aging  and  the  Department of Human
22    Services shall cooperate in the development and submission of
23    an annual report on programs and services provided under this
24    Section.  Such joint report shall be filed with the  Governor
25    and the General Assembly on or before September 30 each year.
26        The  requirement  for  reporting  to the General Assembly
27    shall be satisfied by filing copies of the  report  with  the
28    Speaker,  the  Minority  Leader and the Clerk of the House of
29    Representatives and the President, the  Minority  Leader  and
30    the  Secretary  of  the  Senate  and the Legislative Research
31    Unit, as required by Section  3.1  of  the  General  Assembly
32    Organization  Act  and filing such additional copies with the
33    State Government Report Distribution Center for  the  General
34    Assembly  as  is required under paragraph (t) of Section 7 of
 
HB1254 Engrossed            -8-      LRB093 06197 BDD 06307 b
 1    the State Library Act.
 2        Those persons previously  found  eligible  for  receiving
 3    non-institutional  services  whose services were discontinued
 4    under the Emergency Budget Act of Fiscal Year 1992,  and  who
 5    do  not  meet the eligibility standards in effect on or after
 6    July 1, 1992, shall remain ineligible on and  after  July  1,
 7    1992.   Those  persons  previously not required to cost-share
 8    and who were required to cost-share effective March 1,  1992,
 9    shall  continue  to meet cost-share requirements on and after
10    July 1, 1992.  Beginning July 1, 1992, all  clients  will  be
11    required   to   meet   eligibility,   cost-share,  and  other
12    requirements and will have services discontinued  or  altered
13    when they fail to meet these requirements.
14    (Source:  P.A.  91-303,  eff.  1-1-00;  91-798,  eff. 7-9-00;
15    92-597, eff. 6-28-02.)

16        Section 99.  Effective date.  This Act  takes  effect  on
17    January 1, 2004.