HB2221 93rd General Assembly


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 1        AN ACT concerning disabled persons.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Disabled  Persons Rehabilitation Act is
 5    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    following 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    Investment  Act  of  1998, and of the federal Social Security
13    Act to the extent and in the manner provided in these Acts.
14        (b)  To  prescribe  and   supervise   such   courses   of
15    vocational training and provide such other services as may be
16    necessary  for the habilitation and rehabilitation of persons
17    with one or more disabilities, including  the  administrative
18    activities  under  subsection  (e)  of  this  Section, and to
19    co-operate with State and local school authorities and  other
20    recognized  agencies  engaged in habilitation, rehabilitation
21    and comprehensive rehabilitation services; and  to  cooperate
22    with the Department of Children and Family Services regarding
23    the   care  and  education  of  children  with  one  or  more
24    disabilities.
25        (c)  (Blank).
26        (d)  To report in writing, to the Governor,  annually  on
27    or  before the first day of December, and at such other times
28    and in such manner and upon such subjects as the Governor may
29    require.  The annual report shall contain (1) a statement  of
30    the   existing   condition  of  comprehensive  rehabilitation
31    services, habilitation and rehabilitation in the State; (2) a
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 1    statement of suggestions and recommendations  with  reference
 2    to  the development of comprehensive rehabilitation services,
 3    habilitation and rehabilitation in  the  State;  and  (3)  an
 4    itemized  statement  of  the  amounts  of money received from
 5    federal, State and other sources,  and  of  the  objects  and
 6    purposes  to  which  the  respective  items  of these several
 7    amounts have been devoted.
 8        (e)  (Blank).
 9        (f)  To  establish  a  program  of  services  to  prevent
10    unnecessary institutionalization of persons with  Alzheimer's
11    disease and related disorders or persons in need of long term
12    care  who  are established as blind or disabled as defined by
13    the Social Security Act, thereby enabling them to  remain  in
14    their own homes or other living arrangements. Such preventive
15    services  may  include, but are not limited to, any or all of
16    the following:
17             (1)  home health services;
18             (2)  home nursing services;
19             (3)  homemaker services;
20             (4)  chore and housekeeping services;
21             (5)  day care services;
22             (6)  home-delivered meals;
23             (7)  education in self-care;
24             (8)  personal care services;
25             (9)  adult day health services;
26             (10)  habilitation services;
27             (11)  respite care; or
28             (12)  other  nonmedical  social  services  that  may
29        enable the person to become self-supporting.
30        The Department shall establish eligibility standards  for
31    such  services  taking into consideration the unique economic
32    and social needs of the population for whom they  are  to  be
33    provided.   Such  eligibility  standards  may be based on the
34    recipient's ability to pay for services;  provided,  however,
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 1    that  any  portion  of  a person's income that is equal to or
 2    less  than  the  "protected  income"  level  shall   not   be
 3    considered by the Department in determining eligibility.  The
 4    "protected   income"   level   shall  be  determined  by  the
 5    Department, shall never be  less  than  the  federal  poverty
 6    standard,  and shall be adjusted each year to reflect changes
 7    in the Consumer  Price  Index  For  All  Urban  Consumers  as
 8    determined   by   the  United  States  Department  of  Labor.
 9    Additionally,  in  determining  the  amount  and  nature   of
10    services  for which a person may qualify, consideration shall
11    not be given to the value of cash, property or  other  assets
12    held in the name of the person's spouse pursuant to a written
13    agreement  dividing  marital property into equal but separate
14    shares or pursuant to a transfer of the person's interest  in
15    a home to his spouse, provided that the spouse's share of the
16    marital  property is not made available to the person seeking
17    such services.
18        The services shall be provided  to  eligible  persons  to
19    prevent unnecessary or premature institutionalization, to the
20    extent that the cost of the services, together with the other
21    personal  maintenance expenses of the persons, are reasonably
22    related to the standards established  for  care  in  a  group
23    facility    appropriate    to    their    condition.    These
24    non-institutional services, pilot  projects  or  experimental
25    facilities may be provided as part of or in addition to those
26    authorized by federal law or those funded and administered by
27    the Illinois Department on Aging.
28        Personal care attendants shall be paid:
29             (i)  A  $5  per  hour minimum rate beginning July 1,
30        1995.
31             (ii)  A $5.30 per hour minimum rate  beginning  July
32        1, 1997.
33             (iii)  A  $5.40 per hour minimum rate beginning July
34        1, 1998.
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 1        The Department shall execute,  relative  to  the  nursing
 2    home  prescreening  project, as authorized by Section 4.03 of
 3    the  Illinois  Act  on  the   Aging,   written   inter-agency
 4    agreements with the Department on Aging and the Department of
 5    Public  Aid,  to effect the following:  (i) intake procedures
 6    and common eligibility criteria for  those  persons  who  are
 7    receiving    non-institutional   services;   and   (ii)   the
 8    establishment and development of  non-institutional  services
 9    in  areas of the State where they are not currently available
10    or are undeveloped.  On and after July 1, 1996,  all  nursing
11    home prescreenings for individuals 18 through 59 years of age
12    shall be conducted by the Department.
13        The  Department  is  authorized  to establish a system of
14    recipient  cost-sharing  for  services  provided  under  this
15    Section.   The  cost-sharing  shall   be   based   upon   the
16    recipient's ability to pay for services, but in no case shall
17    the  recipient's share exceed the actual cost of the services
18    provided.  Protected income shall not be  considered  by  the
19    Department in its determination of the recipient's ability to
20    pay   a  share  of  the  cost  of  services.   The  level  of
21    cost-sharing shall be adjusted each year to  reflect  changes
22    in the "protected income" level.  The Department shall deduct
23    from  the recipient's share of the cost of services any money
24    expended by the recipient for disability-related expenses.
25        The   Department,   or   the   Department's    authorized
26    representative,  shall  recover the amount of moneys expended
27    for services provided to or in behalf of a person under  this
28    Section by a claim against the person's estate or against the
29    estate  of the person's surviving spouse, but no recovery may
30    be had until after the death of the surviving spouse, if any,
31    and then only at such time when there is no  surviving  child
32    who  is  under  age  21,  blind,  or  permanently and totally
33    disabled.  This paragraph, however, shall not  bar  recovery,
34    at  the  death of the person, of moneys for services provided
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 1    to the person or in behalf of the person under  this  Section
 2    to  which  the  person  was  not entitled; provided that such
 3    recovery shall not be enforced against any real estate  while
 4    it  is  occupied  as  a  homestead by the surviving spouse or
 5    other dependent, if no claims by other  creditors  have  been
 6    filed against the estate, or, if such claims have been filed,
 7    they  remain dormant for failure of prosecution or failure of
 8    the claimant to compel administration of the estate  for  the
 9    purpose  of  payment.   This paragraph shall not bar recovery
10    from the estate of a spouse, under Sections 1915 and 1924  of
11    the  Social  Security  Act  and  Section  5-4 of the Illinois
12    Public Aid Code, who precedes  a  person  receiving  services
13    under this Section in death.  All moneys for services paid to
14    or  in  behalf  of  the  person  under  this Section shall be
15    claimed for  recovery  from  the  deceased  spouse's  estate.
16    "Homestead",  as  used  in this paragraph, means the dwelling
17    house and contiguous real  estate  occupied  by  a  surviving
18    spouse  or  relative, as defined by the rules and regulations
19    of the Illinois Department of Public Aid, regardless  of  the
20    value of the property.
21        The   Department   and  the  Department  on  Aging  shall
22    cooperate in the development  and  submission  of  an  annual
23    report  on programs and services provided under this Section.
24    Such joint report shall be filed with the  Governor  and  the
25    General Assembly on or before March 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 additional copies with the State
33    Government   Report   Distribution  Center  for  the  General
34    Assembly as required under paragraph (t) of Section 7 of  the
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 1    State Library Act.
 2        (g)  To  establish such subdivisions of the Department as
 3    shall be desirable and assign to the various subdivisions the
 4    responsibilities and duties placed  upon  the  Department  by
 5    law.
 6        (h)  To cooperate and enter into any necessary agreements
 7    with  the Department of Employment Security for the provision
 8    of job placement and job referral services to clients of  the
 9    Department,   including  job  service  registration  of  such
10    clients with Illinois Employment Security offices and  making
11    job  listings  maintained  by  the  Department  of Employment
12    Security available to such clients.
13        (i)  To possess all powers reasonable and  necessary  for
14    the  exercise  and  administration  of the powers, duties and
15    responsibilities of the Department which are provided for  by
16    law.
17        (j)  To  establish  a  procedure whereby new providers of
18    personal care attendant services shall submit vouchers to the
19    State for payment two  times  during  their  first  month  of
20    employment  and  one  time  per month thereafter.  In no case
21    shall the Department pay personal care attendants  an  hourly
22    wage that is less than the federal minimum wage.
23        (k)  To provide adequate notice to providers of chore and
24    housekeeping  services  informing them that they are entitled
25    to an interest payment on bills which are not  promptly  paid
26    pursuant to Section 3 of the State Prompt Payment Act.
27        (l)  To  establish,  operate  and  maintain  a  Statewide
28    Housing Clearinghouse of information on available, government
29    subsidized   housing   accessible  to  disabled  persons  and
30    available privately  owned  housing  accessible  to  disabled
31    persons.  The information shall include but not be limited to
32    the   location,  rental  requirements,  access  features  and
33    proximity to public transportation of available housing.  The
34    Clearinghouse  shall  consist  of  at  least  a  computerized
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 1    database for the storage and retrieval of information  and  a
 2    separate  or  shared  toll  free  telephone number for use by
 3    those seeking information from the Clearinghouse.  Department
 4    offices and personnel throughout the State shall also  assist
 5    in  the  operation  of  the  Statewide Housing Clearinghouse.
 6    Cooperation with local, State and  federal  housing  managers
 7    shall  be  sought  and  extended  in  order to frequently and
 8    promptly update the Clearinghouse's information.
 9        (m)  To assure that the names and case records of persons
10    who received or are receiving services from  the  Department,
11    including  persons  receiving vocational rehabilitation, home
12    services, or other services, and those attending one  of  the
13    Department's  schools  or  other supervised facility shall be
14    confidential and not be open to the  general  public.   Those
15    case  records  and  reports  or  the information contained in
16    those records and reports shall be disclosed by the  Director
17    only   to   proper  law  enforcement  officials,  individuals
18    authorized by a court, the General Assembly or any  committee
19    or  commission of the General Assembly, and other persons and
20    for reasons as the Director designates by rule.    Disclosure
21    by  the  Director  may  be  only  in  accordance  with  other
22    applicable law.
23    (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.)