HB2221ham001 93rd General Assembly



                                     LRB093 06402 BDD 12472 a

 1                    AMENDMENT TO HOUSE BILL 2221

 2        AMENDMENT NO.     .  Amend House Bill 2221  by  replacing
 3    everything after the enacting clause with the following:

 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    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
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 1    the   care  and  education  of  children  with  one  or  more
 2    disabilities.
 3        (c)  (Blank).
 4        (d)  To report in writing, to the Governor,  annually  on
 5    or  before the first day of December, and at such other times
 6    and in such manner and upon such subjects as the Governor may
 7    require.  The annual report shall contain (1) a statement  of
 8    the   existing   condition  of  comprehensive  rehabilitation
 9    services, habilitation and rehabilitation in the State; (2) a
10    statement of suggestions and recommendations  with  reference
11    to  the development of comprehensive rehabilitation services,
12    habilitation and rehabilitation in  the  State;  and  (3)  an
13    itemized  statement  of  the  amounts  of money received from
14    federal, State and other sources,  and  of  the  objects  and
15    purposes  to  which  the  respective  items  of these several
16    amounts have been devoted.
17        (e)  (Blank).
18        (f)  To  establish  a  program  of  services  to  prevent
19    unnecessary institutionalization of persons with  Alzheimer's
20    disease and related disorders or persons in need of long term
21    care  who  are established as blind or disabled as defined by
22    the Social Security Act, thereby enabling them to  remain  in
23    their own homes or other living arrangements. Such preventive
24    services  may  include, but are not limited to, any or all of
25    the following:
26             (1)  home health services;
27             (2)  home nursing services;
28             (3)  homemaker services;
29             (4)  chore and housekeeping services;
30             (5)  day care services;
31             (6)  home-delivered meals;
32             (7)  education in self-care;
33             (8)  personal care services;
34             (9)  adult day health services;
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 1             (10)  habilitation services;
 2             (11)  respite care; or
 3             (12)  other  nonmedical  social  services  that  may
 4        enable the person to become self-supporting.
 5        The Department shall establish eligibility standards  for
 6    such  services  taking into consideration the unique economic
 7    and social needs of the population for whom they  are  to  be
 8    provided.   Such  eligibility  standards  may be based on the
 9    recipient's ability to pay for services;  provided,  however,
10    that  any  portion  of  a person's income that is equal to or
11    less  than  the  "protected  income"  level  shall   not   be
12    considered by the Department in determining eligibility.  The
13    "protected   income"   level   shall  be  determined  by  the
14    Department, shall never be  less  than  the  federal  poverty
15    standard,  and shall be adjusted each year to reflect changes
16    in the Consumer  Price  Index  For  All  Urban  Consumers  as
17    determined   by   the  United  States  Department  of  Labor.
18    Additionally,  in  determining  the  amount  and  nature   of
19    services  for which a person may qualify, consideration shall
20    not be given to the value of cash, property or  other  assets
21    held in the name of the person's spouse pursuant to a written
22    agreement  dividing  marital property into equal but separate
23    shares or pursuant to a transfer of the person's interest  in
24    a home to his spouse, provided that the spouse's share of the
25    marital  property is not made available to the person seeking
26    such services.
27        The services shall be provided  to  eligible  persons  to
28    prevent unnecessary or premature institutionalization, to the
29    extent that the cost of the services, together with the other
30    personal  maintenance expenses of the persons, are reasonably
31    related to the standards established  for  care  in  a  group
32    facility    appropriate    to    their    condition.    These
33    non-institutional services, pilot  projects  or  experimental
34    facilities may be provided as part of or in addition to those
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 1    authorized by federal law or those funded and administered by
 2    the Illinois Department on Aging.
 3        Personal care attendants shall be paid:
 4             (i)  A  $5  per  hour minimum rate beginning July 1,
 5        1995.
 6             (ii)  A $5.30 per hour minimum rate  beginning  July
 7        1, 1997.
 8             (iii)  A  $5.40 per hour minimum rate beginning July
 9        1, 1998.
10        Personal  care   attendants   and   personal   assistants
11    providing  services  under  the  Department's  Home  Services
12    Program shall be considered to be public employees covered by
13    the  Illinois  Public  Labor Relations Act (5 ILCS 315/), and
14    the State  of  Illinois  shall  be  considered  to  be  their
15    employer  under  that  Act.  The  State Panel of the Illinois
16    Labor Relations Board shall have  and  exercise  jurisdiction
17    over  personal  care attendants and personal assistants under
18    the Act. If the State has recognized a labor organization  as
19    the  exclusive  representative of personal care attendants or
20    personal assistants prior  to  the  effective  date  of  this
21    amendatory Act of the 93rd General Assembly, the organization
22    shall be considered to be the exclusive representative of the
23    personal care attendants or personal assistants as defined in
24    Section 3 of the Illinois Public Labor Relations Act. Nothing
25    in  this  paragraph shall be understood to limit the right of
26    the persons receiving services defined in this subsection  to
27    hire   and   fire   personal  care  attendants  and  personal
28    assistants or supervise them within the  limitations  set  by
29    the  Home Services Program. The State shall not be considered
30    to be the employer of personal care  attendants  or  personal
31    assistants for purposes of vicarious liability in tort or for
32    purposes   of   statutory   retirement  or  health  insurance
33    benefits. Personal care attendants  and  personal  assistants
34    shall  not  be covered by the State Employees Group Insurance
                            -5-      LRB093 06402 BDD 12472 a
 1    Act (5 ILCS 375/).
 2        The Department shall execute,  relative  to  the  nursing
 3    home  prescreening  project, as authorized by Section 4.03 of
 4    the  Illinois  Act  on  the   Aging,   written   inter-agency
 5    agreements with the Department on Aging and the Department of
 6    Public  Aid,  to effect the following:  (i) intake procedures
 7    and common eligibility criteria for  those  persons  who  are
 8    receiving    non-institutional   services;   and   (ii)   the
 9    establishment and development of  non-institutional  services
10    in  areas of the State where they are not currently available
11    or are undeveloped.  On and after July 1, 1996,  all  nursing
12    home prescreenings for individuals 18 through 59 years of age
13    shall be conducted by the Department.
14        The  Department  is  authorized  to establish a system of
15    recipient  cost-sharing  for  services  provided  under  this
16    Section.   The  cost-sharing  shall   be   based   upon   the
17    recipient's ability to pay for services, but in no case shall
18    the  recipient's share exceed the actual cost of the services
19    provided.  Protected income shall not be  considered  by  the
20    Department in its determination of the recipient's ability to
21    pay   a  share  of  the  cost  of  services.   The  level  of
22    cost-sharing shall be adjusted each year to  reflect  changes
23    in the "protected income" level.  The Department shall deduct
24    from  the recipient's share of the cost of services any money
25    expended by the recipient for disability-related expenses.
26        The   Department,   or   the   Department's    authorized
27    representative,  shall  recover the amount of moneys expended
28    for services provided to or in behalf of a person under  this
29    Section by a claim against the person's estate or against the
30    estate  of the person's surviving spouse, but no recovery may
31    be had until after the death of the surviving spouse, if any,
32    and then only at such time when there is no  surviving  child
33    who  is  under  age  21,  blind,  or  permanently and totally
34    disabled.  This paragraph, however, shall not  bar  recovery,
                            -6-      LRB093 06402 BDD 12472 a
 1    at  the  death of the person, of moneys for services provided
 2    to the person or in behalf of the person under  this  Section
 3    to  which  the  person  was  not entitled; provided that such
 4    recovery shall not be enforced against any real estate  while
 5    it  is  occupied  as  a  homestead by the surviving spouse or
 6    other dependent, if no claims by other  creditors  have  been
 7    filed against the estate, or, if such claims have been filed,
 8    they  remain dormant for failure of prosecution or failure of
 9    the claimant to compel administration of the estate  for  the
10    purpose  of  payment.   This paragraph shall not bar recovery
11    from the estate of a spouse, under Sections 1915 and 1924  of
12    the  Social  Security  Act  and  Section  5-4 of the Illinois
13    Public Aid Code, who precedes  a  person  receiving  services
14    under this Section in death.  All moneys for services paid to
15    or  in  behalf  of  the  person  under  this Section shall be
16    claimed for  recovery  from  the  deceased  spouse's  estate.
17    "Homestead",  as  used  in this paragraph, means the dwelling
18    house and contiguous real  estate  occupied  by  a  surviving
19    spouse  or  relative, as defined by the rules and regulations
20    of the Illinois Department of Public Aid, regardless  of  the
21    value of the property.
22        The   Department   and  the  Department  on  Aging  shall
23    cooperate in the development  and  submission  of  an  annual
24    report  on programs and services provided under this Section.
25    Such joint report shall be filed with the  Governor  and  the
26    General Assembly on or before March 30 each year.
27        The  requirement  for  reporting  to the General Assembly
28    shall be satisfied by filing copies of the  report  with  the
29    Speaker,  the  Minority  Leader and the Clerk of the House of
30    Representatives and the President, the  Minority  Leader  and
31    the  Secretary  of  the  Senate  and the Legislative Research
32    Unit, as required by Section  3.1  of  the  General  Assembly
33    Organization Act, and filing additional copies with the State
34    Government   Report   Distribution  Center  for  the  General
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 1    Assembly as required under paragraph (t) of Section 7 of  the
 2    State Library Act.
 3        (g)  To  establish such subdivisions of the Department as
 4    shall be desirable and assign to the various subdivisions the
 5    responsibilities and duties placed  upon  the  Department  by
 6    law.
 7        (h)  To cooperate and enter into any necessary agreements
 8    with  the Department of Employment Security for the provision
 9    of job placement and job referral services to clients of  the
10    Department,   including  job  service  registration  of  such
11    clients with Illinois Employment Security offices and  making
12    job  listings  maintained  by  the  Department  of Employment
13    Security available to such clients.
14        (i)  To possess all powers reasonable and  necessary  for
15    the  exercise  and  administration  of the powers, duties and
16    responsibilities of the Department which are provided for  by
17    law.
18        (j)  To  establish  a  procedure whereby new providers of
19    personal care attendant services shall submit vouchers to the
20    State for payment two  times  during  their  first  month  of
21    employment  and  one  time  per month thereafter.  In no case
22    shall the Department pay personal care attendants  an  hourly
23    wage that is less than the federal minimum wage.
24        (k)  To provide adequate notice to providers of chore and
25    housekeeping  services  informing them that they are entitled
26    to an interest payment on bills which are not  promptly  paid
27    pursuant to Section 3 of the State Prompt Payment Act.
28        (l)  To  establish,  operate  and  maintain  a  Statewide
29    Housing Clearinghouse of information on available, government
30    subsidized   housing   accessible  to  disabled  persons  and
31    available privately  owned  housing  accessible  to  disabled
32    persons.  The information shall include but not be limited to
33    the   location,  rental  requirements,  access  features  and
34    proximity to public transportation of available housing.  The
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 1    Clearinghouse  shall  consist  of  at  least  a  computerized
 2    database for the storage and retrieval of information  and  a
 3    separate  or  shared  toll  free  telephone number for use by
 4    those seeking information from the Clearinghouse.  Department
 5    offices and personnel throughout the State shall also  assist
 6    in  the  operation  of  the  Statewide Housing Clearinghouse.
 7    Cooperation with local, State and  federal  housing  managers
 8    shall  be  sought  and  extended  in  order to frequently and
 9    promptly update the Clearinghouse's information.
10        (m)  To assure that the names and case records of persons
11    who received or are receiving services from  the  Department,
12    including  persons  receiving vocational rehabilitation, home
13    services, or other services, and those attending one  of  the
14    Department's  schools  or  other supervised facility shall be
15    confidential and not be open to the  general  public.   Those
16    case  records  and  reports  or  the information contained in
17    those records and reports shall be disclosed by the  Director
18    only   to   proper  law  enforcement  officials,  individuals
19    authorized by a court, the General Assembly or any  committee
20    or  commission of the General Assembly, and other persons and
21    for reasons as the Director designates by rule.    Disclosure
22    by  the  Director  may  be  only  in  accordance  with  other
23    applicable law.
24    (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.)

25        Section  99.  Effective date.  This Act takes effect upon
26    becoming law.".