093_HB0293enr

 
HB0293 Enrolled                      LRB093 03447 MKM 03473 b

 1        AN ACT in relation to senior citizens.

 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.  Such eligibility standards shall be based on
 7    the  recipient's  ability  to  pay  for  services;  provided,
 8    however,  that  in  determining  the  amount  and  nature  of
 9    services  for which a person may qualify, consideration shall
10    not be given to the value of cash, property or  other  assets
11    held in the name of the person's spouse pursuant to a written
12    agreement  dividing  marital property into equal but separate
13    shares or pursuant to a transfer of the person's interest  in
14    a home to his spouse, provided that the spouse's share of the
15    marital  property is not made available to the person seeking
16    such services.
17        Beginning July 1, 2002, the Department shall require as a
18    condition  of  eligibility  that  all  financially   eligible
19    applicants  and recipients apply for medical assistance under
20    Article V of the Illinois Public Aid Code in accordance  with
21    rules promulgated by the Department.
22        The  Department shall, in conjunction with the Department
23    of Public Aid, seek  appropriate  amendments  under  Sections
24    1915 and 1924 of the Social Security Act.  The purpose of the
25    amendments  shall  be  to  extend  eligibility  for  home and
26    community based services under Sections 1915 and 1924 of  the
27    Social  Security  Act  to  persons who transfer to or for the
28    benefit of a spouse those amounts  of  income  and  resources
29    allowed  under  Section  1924  of  the  Social  Security Act.
30    Subject to the approval of such  amendments,  the  Department
31    shall  extend  the  provisions of Section 5-4 of the Illinois
32    Public Aid Code to persons who, but for the provision of home
33    or community-based services, would require the level of  care
34    provided  in  an  institution,  as is provided for in federal
 
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 1    law.  Those persons  no  longer  found  to  be  eligible  for
 2    receiving  noninstitutional  services  due  to changes in the
 3    eligibility criteria shall be given 60 days notice  prior  to
 4    actual   termination.   Those  persons  receiving  notice  of
 5    termination  may  contact  the  Department  and  request  the
 6    determination be appealed at  any  time  during  the  60  day
 7    notice  period.   With the exception of the lengthened notice
 8    and time frame for the appeal  request,  the  appeal  process
 9    shall  follow the normal procedure.  In addition, each person
10    affected regardless of  the  circumstances  for  discontinued
11    eligibility  shall  be  given  notice  and the opportunity to
12    purchase the necessary services through  the  Community  Care
13    Program.   If  the  individual  does  not  elect  to purchase
14    services, the  Department  shall  advise  the  individual  of
15    alternative  services.   The target population identified for
16    the purposes of this Section are persons  age  60  and  older
17    with  an identified service need.  Priority shall be given to
18    those who are at imminent risk of institutionalization.   The
19    services  shall  be  provided  to eligible persons age 60 and
20    older to the extent that the cost of  the  services  together
21    with  the  other personal maintenance expenses of the persons
22    are reasonably related to the standards established for  care
23    in  a  group  facility appropriate to the person's condition.
24    These   non-institutional   services,   pilot   projects   or
25    experimental facilities may be provided  as  part  of  or  in
26    addition  to  those authorized by federal law or those funded
27    and administered by the Department of  Human  Services.   The
28    Departments  of  Human  Services,  Public Aid, Public Health,
29    Veterans' Affairs, and Commerce  and  Community  Affairs  and
30    other  appropriate  agencies  of  State,  federal  and  local
31    governments  shall  cooperate with the Department on Aging in
32    the establishment and development  of  the  non-institutional
33    services.   The Department shall require an annual audit from
34    all chore/housekeeping and homemaker vendors contracting with
 
HB0293 Enrolled             -4-      LRB093 03447 MKM 03473 b
 1    the Department under this Section.  The  annual  audit  shall
 2    assure   that   each   audited  vendor's  procedures  are  in
 3    compliance with Department's financial  reporting  guidelines
 4    requiring  a 27% administrative cost split and a 73% employee
 5    wages and benefits cost split.  The audit is a public  record
 6    under  the  Freedom of Information Act.  The Department shall
 7    execute, relative to the nursing home  prescreening  project,
 8    written  inter-agency agreements with the Department of Human
 9    Services and the Department of  Public  Aid,  to  effect  the
10    following:   (1)  intake  procedures  and  common eligibility
11    criteria   for    those    persons    who    are    receiving
12    non-institutional  services;  and  (2)  the establishment and
13    development of non-institutional services  in  areas  of  the
14    State   where   they  are  not  currently  available  or  are
15    undeveloped.  On and after July 1,  1996,  all  nursing  home
16    prescreenings  for individuals 60 years of age or older shall
17    be conducted by the Department.
18        The Department is authorized to  establish  a  system  of
19    recipient copayment for services provided under this Section,
20    such  copayment  to  be based upon the recipient's ability to
21    pay but in no case to exceed the actual cost of the  services
22    provided.  Additionally,  any  portion  of  a person's income
23    which is equal to or less than the federal  poverty  standard
24    shall  not be considered by the Department in determining the
25    copayment.  The level of such  copayment  shall  be  adjusted
26    whenever  necessary  to  reflect any change in the officially
27    designated federal poverty standard.
28        The   Department,   or   the   Department's    authorized
29    representative,  shall  recover the amount of moneys expended
30    for services provided to or in behalf of a person under  this
31    Section by a claim against the person's estate or against the
32    estate  of the person's surviving spouse, but no recovery may
33    be had until after the death of the surviving spouse, if any,
34    and then only at such time when there is no  surviving  child
 
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 1    who  is  under  age  21,  blind,  or  permanently and totally
 2    disabled.  This paragraph, however, shall not  bar  recovery,
 3    at  the  death of the person, of moneys for services provided
 4    to the person or in behalf of the person under  this  Section
 5    to  which  the  person  was  not entitled; provided that such
 6    recovery shall not be enforced against any real estate  while
 7    it  is  occupied  as  a  homestead by the surviving spouse or
 8    other dependent, if no claims by other  creditors  have  been
 9    filed against the estate, or, if such claims have been filed,
10    they  remain dormant for failure of prosecution or failure of
11    the claimant to compel administration of the estate  for  the
12    purpose  of  payment.   This paragraph shall not bar recovery
13    from the estate of a spouse, under Sections 1915 and 1924  of
14    the  Social  Security  Act  and  Section  5-4 of the Illinois
15    Public Aid Code, who precedes  a  person  receiving  services
16    under this Section in death.  All moneys for services paid to
17    or  in  behalf  of  the  person  under  this Section shall be
18    claimed for  recovery  from  the  deceased  spouse's  estate.
19    "Homestead",  as  used  in this paragraph, means the dwelling
20    house and contiguous real  estate  occupied  by  a  surviving
21    spouse  or  relative, as defined by the rules and regulations
22    of the Illinois Department of Public Aid, regardless  of  the
23    value of the property.
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.
27    Procedures shall be developed to permit  the  utilization  of
28    services  in  successive blocks of 24 hours up to the monthly
29    maximum established by the  Department.    Workers  providing
30    these services shall be appropriately trained.
31        Beginning on the effective date of this Amendatory Act of
32    1991,  no person may perform chore/housekeeping and homemaker
33    services under a program authorized by  this  Section  unless
34    that  person  has been issued a certificate of pre-service to
 
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 1    do so by his or her employing agency.   Information  gathered
 2    to  effect  such certification shall include (i) the person's
 3    name, (ii) the date the  person  was  hired  by  his  or  her
 4    current employer, and (iii) the training, including dates and
 5    levels.   Persons  engaged  in the program authorized by this
 6    Section before the effective date of this amendatory  Act  of
 7    1991 shall be issued a certificate of all pre- and in-service
 8    training  from  his  or  her  employer  upon  submitting  the
 9    necessary   information.    The  employing  agency  shall  be
10    required to retain records of all staff pre-  and  in-service
11    training,  and  shall  provide such records to the Department
12    upon request and upon termination of the employer's  contract
13    with  the  Department.   In addition, the employing agency is
14    responsible for the issuance of certifications of  in-service
15    training completed to their employees.
16        The  Department is required to develop a system to ensure
17    that persons working as  homemakers  and  chore  housekeepers
18    receive  increases  in  their  wages when the federal minimum
19    wage is increased by requiring vendors to certify  that  they
20    are  meeting  the federal minimum wage statute for homemakers
21    and chore housekeepers.  An employer that cannot ensure  that
22    the  minimum  wage  increase is being given to homemakers and
23    chore  housekeepers  shall  be   denied   any   increase   in
24    reimbursement costs.
25        The  Department  on  Aging  and  the  Department of Human
26    Services shall cooperate in the development and submission of
27    an annual report on programs and services provided under this
28    Section.  Such joint report shall be filed with the  Governor
29    and the General Assembly on or before September 30 each year.
30        The  requirement  for  reporting  to the General Assembly
31    shall be satisfied by filing copies of the  report  with  the
32    Speaker,  the  Minority  Leader and the Clerk of the House of
33    Representatives and the President, the  Minority  Leader  and
34    the  Secretary  of  the  Senate  and the Legislative Research
 
HB0293 Enrolled             -7-      LRB093 03447 MKM 03473 b
 1    Unit, as required by Section  3.1  of  the  General  Assembly
 2    Organization  Act  and filing such additional copies with the
 3    State Government Report Distribution Center for  the  General
 4    Assembly  as  is required under paragraph (t) of Section 7 of
 5    the State Library Act.
 6        Those persons previously  found  eligible  for  receiving
 7    non-institutional  services  whose services were discontinued
 8    under the Emergency Budget Act of Fiscal Year 1992,  and  who
 9    do  not  meet the eligibility standards in effect on or after
10    July 1, 1992, shall remain ineligible on and  after  July  1,
11    1992.   Those  persons  previously not required to cost-share
12    and who were required to cost-share effective March 1,  1992,
13    shall  continue  to meet cost-share requirements on and after
14    July 1, 1992.  Beginning July 1, 1992, all  clients  will  be
15    required   to   meet   eligibility,   cost-share,  and  other
16    requirements and will have services discontinued  or  altered
17    when they fail to meet these requirements.
18    (Source:  P.A.  91-303,  eff.  1-1-00;  91-798,  eff. 7-9-00;
19    92-597, eff. 6-28-02.)