Full Text of HB6354 93rd General Assembly
HB6354ham001 93RD GENERAL ASSEMBLY
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Rep. Suzanne Bassi
Filed: 3/31/2004
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09300HB6354ham001 |
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LRB093 19477 BDD 49482 a |
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| AMENDMENT TO HOUSE BILL 6354
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| AMENDMENT NO. ______. Amend House Bill 6354 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Act on the Aging is amended by | 5 |
| changing Sections 4.01 and 4.02 as follows:
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| (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
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| Sec. 4.01. Additional powers and duties of the Department. | 8 |
| In addition
to powers and duties otherwise provided by law, the | 9 |
| Department shall have the
following powers and duties:
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| (1) To evaluate all programs, services, and facilities for | 11 |
| the aged
and for minority senior citizens within the State and | 12 |
| determine the extent
to which present public or private | 13 |
| programs, services and facilities meet the
needs of the aged.
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| (2) To coordinate and evaluate all programs, services, and | 15 |
| facilities
for the Aging and for minority senior citizens | 16 |
| presently furnished by State
agencies and make appropriate | 17 |
| recommendations regarding such services, programs
and | 18 |
| facilities to the Governor and/or the General Assembly.
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| (3) To function as the sole State agency to develop a | 20 |
| comprehensive
plan to meet the needs of the State's senior | 21 |
| citizens and the State's
minority senior citizens.
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| (4) To receive and disburse State and federal funds made | 23 |
| available
directly to the Department including those funds made | 24 |
| available under the
Older Americans Act and the Senior |
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| Community Service Employment Program for
providing services | 2 |
| for senior citizens and minority senior citizens or for
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| purposes related thereto, and shall develop and administer any | 4 |
| State Plan
for the Aging required by federal law.
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| (5) To solicit, accept, hold, and administer in behalf of | 6 |
| the State
any grants or legacies of money, securities, or | 7 |
| property to the State of
Illinois for services to senior | 8 |
| citizens and minority senior citizens or
purposes related | 9 |
| thereto.
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| (6) To provide consultation and assistance to communities, | 11 |
| area agencies
on aging, and groups developing local services | 12 |
| for senior citizens and
minority senior citizens.
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| (7) To promote community education regarding the problems | 14 |
| of senior
citizens and minority senior citizens through | 15 |
| institutes, publications,
radio, television and the local | 16 |
| press.
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| (8) To cooperate with agencies of the federal government in | 18 |
| studies
and conferences designed to examine the needs of senior | 19 |
| citizens and minority
senior citizens and to prepare programs | 20 |
| and facilities to meet those needs.
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| (9) To establish and maintain information and referral | 22 |
| sources
throughout the State when not provided by other | 23 |
| agencies.
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| (10) To provide the staff support as may reasonably be | 25 |
| required
by the Council and the Coordinating Committee of State | 26 |
| Agencies Serving Older
Persons.
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| (11) To make and enforce rules and regulations necessary | 28 |
| and proper
to the performance of its duties.
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| (12) To establish and fund programs or projects or | 30 |
| experimental facilities
that are specially designed as | 31 |
| alternatives to institutional care.
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| (13) To develop a training program to train the counselors | 33 |
| presently
employed by the Department's aging network to provide | 34 |
| Medicare
beneficiaries with counseling and advocacy in |
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| Medicare, private health
insurance, and related health care | 2 |
| coverage plans. The Department shall
report to the General | 3 |
| Assembly on the implementation of the training
program on or | 4 |
| before December 1, 1986.
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| (14) To make a grant to an institution of higher learning | 6 |
| to study the
feasibility of establishing and implementing an | 7 |
| affirmative action
employment plan for the recruitment, | 8 |
| hiring, training and retraining of
persons 60 or more years old | 9 |
| for jobs for which their employment would not
be precluded by | 10 |
| law.
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| (15) To present one award annually in each of the | 12 |
| categories of community
service, education, the performance | 13 |
| and graphic arts, and the labor force
to outstanding Illinois | 14 |
| senior citizens and minority senior citizens in
recognition of | 15 |
| their individual contributions to either community service,
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| education, the performance and graphic arts, or the labor | 17 |
| force. The awards
shall be presented to four senior citizens | 18 |
| and minority senior citizens
selected from a list of 44 | 19 |
| nominees compiled annually by
the Department. Nominations | 20 |
| shall be solicited from senior citizens'
service providers, | 21 |
| area agencies on aging, senior citizens'
centers, and senior | 22 |
| citizens' organizations. The Department shall consult
with the | 23 |
| Coordinating Committee of State Agencies Serving Older Persons | 24 |
| to
determine which of the nominees shall be the recipient in | 25 |
| each category of
community service. The Department shall | 26 |
| establish a central location within
the State to be designated | 27 |
| as the Senior Illinoisans Hall of Fame for the
public display | 28 |
| of all the annual awards, or replicas thereof.
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| (16) To establish multipurpose senior centers through area | 30 |
| agencies on
aging and to fund those new and existing | 31 |
| multipurpose senior centers
through area agencies on aging, the | 32 |
| establishment and funding to begin in
such areas of the State | 33 |
| as the Department shall designate by rule and as
specifically | 34 |
| appropriated funds become available.
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| (17) To develop the content and format of the | 2 |
| acknowledgment regarding
non-recourse reverse mortgage loans | 3 |
| under Section 6.1 of the Illinois
Banking Act; to provide | 4 |
| independent consumer information on reverse
mortgages and | 5 |
| alternatives; and to refer consumers to independent
counseling | 6 |
| services with expertise in reverse mortgages.
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| (18) To develop a pamphlet in English and Spanish which may | 8 |
| be used by
physicians licensed to practice medicine in all of | 9 |
| its branches pursuant
to the Medical Practice Act of 1987, | 10 |
| pharmacists licensed pursuant to the
Pharmacy Practice Act of | 11 |
| 1987, and Illinois residents 65 years of age or
older for the | 12 |
| purpose of assisting physicians, pharmacists, and patients in
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| monitoring prescriptions provided by various physicians and to | 14 |
| aid persons
65 years of age or older in complying with | 15 |
| directions for proper use of
pharmaceutical prescriptions. The | 16 |
| pamphlet may provide space for recording
information including | 17 |
| but not limited to the following:
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| (a) name and telephone number of the patient;
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| (b) name and telephone number of the prescribing | 20 |
| physician;
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| (c) date of prescription;
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| (d) name of drug prescribed;
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| (e) directions for patient compliance; and
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| (f) name and telephone number of dispensing pharmacy.
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| In developing the pamphlet, the Department shall consult | 26 |
| with the
Illinois State Medical Society, the Center for | 27 |
| Minority Health Services,
the Illinois Pharmacists Association | 28 |
| and
senior citizens organizations. The Department shall | 29 |
| distribute the
pamphlets to physicians, pharmacists and | 30 |
| persons 65 years of age or older
or various senior citizen | 31 |
| organizations throughout the State.
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| (19) To conduct a study by April 1, 1994 of the feasibility | 33 |
| of
implementing the Senior Companion Program throughout the | 34 |
| State for the fiscal
year beginning July 1, 1994.
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| (20) With respect to contracts in effect on July 1, 1994, | 2 |
| the Department
shall increase the grant amounts so that the | 3 |
| reimbursement rates paid through
the community care program for | 4 |
| in-home care
chore housekeeping services and in-home care | 5 |
| workers
homemakers are
at the same rate, which shall be the | 6 |
| higher of the 2 rates currently paid.
With respect to all | 7 |
| contracts entered into, renewed, or extended on or after
July | 8 |
| 1, 1994, the reimbursement rates paid through the community | 9 |
| care program
for in-home care
chore housekeeping services and | 10 |
| in-home care workers
homemakers shall be the same.
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| (21) From funds appropriated to the Department from the | 12 |
| Meals on Wheels
Fund, a special fund in the State treasury that | 13 |
| is hereby created, and in
accordance with State and federal | 14 |
| guidelines and the intrastate funding
formula, to make grants | 15 |
| to area agencies on aging, designated by the
Department, for | 16 |
| the sole purpose of delivering meals to homebound persons 60
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| years of age and older.
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| (22) To distribute, through its area agencies on aging, | 19 |
| information
alerting seniors on safety issues regarding | 20 |
| emergency weather
conditions, including extreme heat and cold, | 21 |
| flooding, tornadoes, electrical
storms, and other severe storm | 22 |
| weather. The information shall include all
necessary | 23 |
| instructions for safety and all emergency telephone numbers of
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| organizations that will provide additional information and | 25 |
| assistance.
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| (23) To develop guidelines for the organization and | 27 |
| implementation of
Volunteer Services Credit Programs to be | 28 |
| administered by Area Agencies on
Aging or community based | 29 |
| senior service organizations. The Department shall
hold public | 30 |
| hearings on the proposed guidelines for public comment, | 31 |
| suggestion,
and determination of public interest. The | 32 |
| guidelines shall be based on the
findings of other states and | 33 |
| of community organizations in Illinois that are
currently | 34 |
| operating volunteer services credit programs or demonstration
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| volunteer services credit programs. The Department shall offer | 2 |
| guidelines for
all aspects of the programs including, but not | 3 |
| limited to, the following:
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| (a) types of services to be offered by volunteers;
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| (b) types of services to be received upon the | 6 |
| redemption of service
credits;
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| (c) issues of liability for the volunteers and the | 8 |
| administering
organizations;
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| (d) methods of tracking service credits earned and | 10 |
| service credits
redeemed;
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| (e) issues of time limits for redemption of service | 12 |
| credits;
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| (f) methods of recruitment of volunteers;
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| (g) utilization of community volunteers, community | 15 |
| service groups, and
other resources for delivering | 16 |
| services to be received by service credit
program clients;
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| (h) accountability and assurance that services will be | 18 |
| available to
individuals who have earned service credits; | 19 |
| and
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| (i) volunteer screening and qualifications.
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| The Department shall submit a written copy of the guidelines to | 22 |
| the General
Assembly by July 1, 1998.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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| (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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| Sec. 4.02. The Department shall establish a program of | 26 |
| services to
prevent unnecessary institutionalization of | 27 |
| persons age 60 and older in
need of long term care or who are | 28 |
| established as persons who suffer from
Alzheimer's disease or a | 29 |
| related disorder under the Alzheimer's Disease
Assistance Act, | 30 |
| thereby enabling them
to remain in their own homes or in other | 31 |
| living arrangements. Such
preventive services, which may be | 32 |
| coordinated with other programs for the
aged and monitored by | 33 |
| area agencies on aging in cooperation with the
Department, may |
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| include, but are not limited to, any or all of the following:
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| (a) home health services;
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| (b) home nursing services;
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| (c) in-home care
homemaker services;
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| (d) (blank);
chore and housekeeping services;
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| (e) day care services;
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| (f) home-delivered meals;
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| (g) education in self-care;
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| (h) personal care services;
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| (i) adult day health services;
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| (j) habilitation services;
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| (k) respite care;
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| (l) other nonmedical social services that may enable | 14 |
| the person
to become self-supporting; or
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| (m) clearinghouse for information provided by senior | 16 |
| citizen home owners
who want to rent rooms to or share | 17 |
| living space with other senior citizens.
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| The Department shall establish eligibility standards for | 19 |
| such
services taking into consideration the unique economic and | 20 |
| social needs
of the target population for whom they are to be | 21 |
| provided. Such eligibility
standards shall be based on the | 22 |
| recipient's ability to pay for services;
provided, however, | 23 |
| that in determining the amount and nature of services
for which | 24 |
| a person may qualify, consideration shall not be given to the
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| value of cash, property or other assets held in the name of the | 26 |
| person's
spouse pursuant to a written agreement dividing | 27 |
| marital property into equal
but separate shares or pursuant to | 28 |
| a transfer of the person's interest in a
home to his spouse, | 29 |
| provided that the spouse's share of the marital
property is not | 30 |
| made available to the person seeking such services.
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| Beginning July 1, 2002, the Department shall require as a | 32 |
| condition of
eligibility that all financially eligible | 33 |
| applicants and recipients apply
for medical assistance
under | 34 |
| Article V of the Illinois Public Aid Code in accordance with |
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| rules
promulgated by the Department.
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| The Department shall, in conjunction with the Department of | 3 |
| Public Aid,
seek appropriate amendments under Sections 1915 and | 4 |
| 1924 of the Social
Security Act. The purpose of the amendments | 5 |
| shall be to extend eligibility
for home and community based | 6 |
| services under Sections 1915 and 1924 of the
Social Security | 7 |
| Act to persons who transfer to or for the benefit of a
spouse | 8 |
| those amounts of income and resources allowed under Section | 9 |
| 1924 of
the Social Security Act. Subject to the approval of | 10 |
| such amendments, the
Department shall extend the provisions of | 11 |
| Section 5-4 of the Illinois
Public Aid Code to persons who, but | 12 |
| for the provision of home or
community-based services, would | 13 |
| require the level of care provided in an
institution, as is | 14 |
| provided for in federal law. Those persons no longer
found to | 15 |
| be eligible for receiving noninstitutional services due to | 16 |
| changes
in the eligibility criteria shall be given 60 days | 17 |
| notice prior to actual
termination. Those persons receiving | 18 |
| notice of termination may contact the
Department and request | 19 |
| the determination be appealed at any time during the
60 day | 20 |
| notice period. With the exception of the lengthened notice and | 21 |
| time
frame for the appeal request, the appeal process shall | 22 |
| follow the normal
procedure. In addition, each person affected | 23 |
| regardless of the
circumstances for discontinued eligibility | 24 |
| shall be given notice and the
opportunity to purchase the | 25 |
| necessary services through the Community Care
Program. If the | 26 |
| individual does not elect to purchase services, the
Department | 27 |
| shall advise the individual of alternative services. The target
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| population identified for the purposes of this Section are | 29 |
| persons age 60
and older with an identified service need. | 30 |
| Priority shall be given to those
who are at imminent risk of | 31 |
| institutionalization. The services shall be
provided to | 32 |
| eligible persons age 60 and older to the extent that the cost
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| of the services together with the other personal maintenance
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| expenses of the persons are reasonably related to the standards
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| established for care in a group facility appropriate to the | 2 |
| person's
condition. These non-institutional services, pilot | 3 |
| projects or
experimental facilities may be provided as part of | 4 |
| or in addition to
those authorized by federal law or those | 5 |
| funded and administered by the
Department of Human Services. | 6 |
| The Departments of Human Services, Public Aid,
Public Health, | 7 |
| Veterans' Affairs, and Commerce and Economic Opportunity
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| Community Affairs and
other appropriate agencies of State, | 9 |
| federal and local governments shall
cooperate with the | 10 |
| Department on Aging in the establishment and development
of the | 11 |
| non-institutional services. The Department shall require an | 12 |
| annual
audit from all in-home care service
chore/housekeeping | 13 |
| and homemaker vendors contracting with
the Department under | 14 |
| this Section. The annual audit shall assure that each
audited | 15 |
| vendor's procedures are in compliance with Department's | 16 |
| financial
reporting guidelines requiring a 27% administrative | 17 |
| cost split and a 73%
employee wages and benefits cost split. | 18 |
| The audit is a public record under
the Freedom of Information | 19 |
| Act. The Department shall execute, relative to
the nursing home | 20 |
| prescreening project, written inter-agency
agreements with the | 21 |
| Department of Human Services and the Department
of Public Aid, | 22 |
| to effect the following: (1) intake procedures and common
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| eligibility criteria for those persons who are receiving | 24 |
| non-institutional
services; and (2) the establishment and | 25 |
| development of non-institutional
services in areas of the State | 26 |
| where they are not currently available or are
undeveloped. On | 27 |
| and after July 1, 1996, all nursing home prescreenings for
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| individuals 60 years of age or older shall be conducted by the | 29 |
| Department.
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| The Department is authorized to establish a system of | 31 |
| recipient copayment
for services provided under this Section, | 32 |
| such copayment to be based upon
the recipient's ability to pay | 33 |
| but in no case to exceed the actual cost of
the services | 34 |
| provided. Additionally, any portion of a person's income which
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| is equal to or less than the federal poverty standard shall not | 2 |
| be
considered by the Department in determining the copayment. | 3 |
| The level of
such copayment shall be adjusted whenever | 4 |
| necessary to reflect any change
in the officially designated | 5 |
| federal poverty standard.
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| The Department, or the Department's authorized | 7 |
| representative, shall
recover the amount of moneys expended for | 8 |
| services provided to or in
behalf of a person under this | 9 |
| Section by a claim against the person's
estate or against the | 10 |
| estate of the person's surviving spouse, but no
recovery may be | 11 |
| had until after the death of the surviving spouse, if
any, and | 12 |
| then only at such time when there is no surviving child who
is | 13 |
| under age 21, blind, or permanently and totally disabled. This
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| paragraph, however, shall not bar recovery, at the death of the | 15 |
| person, of
moneys for services provided to the person or in | 16 |
| behalf of the person under
this Section to which the person was | 17 |
| not entitled;
provided that such recovery shall not be enforced | 18 |
| against any real estate while
it is occupied as a homestead by | 19 |
| the surviving spouse or other dependent, if no
claims by other | 20 |
| creditors have been filed against the estate, or, if such
| 21 |
| claims have been filed, they remain dormant for failure of | 22 |
| prosecution or
failure of the claimant to compel administration | 23 |
| of the estate for the purpose
of payment. This paragraph shall | 24 |
| not bar recovery from the estate of a spouse,
under Sections | 25 |
| 1915 and 1924 of the Social Security Act and Section 5-4 of the
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| Illinois Public Aid Code, who precedes a person receiving | 27 |
| services under this
Section in death. All moneys for services
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| paid to or in behalf of the person under this Section shall be | 29 |
| claimed for
recovery from the deceased spouse's estate. | 30 |
| "Homestead", as used
in this paragraph, means the dwelling | 31 |
| house and
contiguous real estate occupied by a surviving spouse
| 32 |
| or relative, as defined by the rules and regulations of the | 33 |
| Illinois Department
of Public Aid, regardless of the value of | 34 |
| the property.
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| The Department shall develop procedures to enhance | 2 |
| availability of
services on evenings, weekends, and on an | 3 |
| emergency basis to meet the
respite needs of caregivers. | 4 |
| Procedures shall be developed to permit the
utilization of | 5 |
| services in successive blocks of 24 hours up to the monthly
| 6 |
| maximum established by the Department. Workers providing these | 7 |
| services
shall be appropriately trained.
| 8 |
| Beginning on the effective date of this Amendatory Act of | 9 |
| 1991, no person
may perform in-home care
chore/housekeeping and | 10 |
| homemaker services under a program
authorized by this Section | 11 |
| unless that person has been issued a certificate
of pre-service | 12 |
| to do so by his or her employing agency. Information
gathered | 13 |
| to effect such certification shall include (i) the person's | 14 |
| name,
(ii) the date the person was hired by his or her current | 15 |
| employer, and
(iii) the training, including dates and levels. | 16 |
| Persons engaged in the
program authorized by this Section | 17 |
| before the effective date of this
amendatory Act of 1991 shall | 18 |
| be issued a certificate of all pre- and
in-service training | 19 |
| from his or her employer upon submitting the necessary
| 20 |
| information. The employing agency shall be required to retain | 21 |
| records of
all staff pre- and in-service training, and shall | 22 |
| provide such records to
the Department upon request and upon | 23 |
| termination of the employer's contract
with the Department. In | 24 |
| addition, the employing agency is responsible for
the issuance | 25 |
| of certifications of in-service training completed to their
| 26 |
| employees.
| 27 |
| The Department is required to develop a system to ensure | 28 |
| that persons
working as in-home care workers
homemakers and | 29 |
| chore housekeepers receive increases in their
wages when the | 30 |
| federal minimum wage is increased by requiring vendors to
| 31 |
| certify that they are meeting the federal minimum wage statute | 32 |
| for in-home care workers
homemakers
and chore housekeepers . An | 33 |
| employer that cannot ensure that the minimum
wage increase is | 34 |
| being given to in-home care workers
homemakers and chore |
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| housekeepers
shall be denied any increase in reimbursement | 2 |
| costs.
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| The Department on Aging and the Department of Human | 4 |
| Services
shall cooperate in the development and submission of | 5 |
| an annual report on
programs and services provided under this | 6 |
| Section. Such joint report
shall be filed with the Governor and | 7 |
| the General Assembly on or before
September 30 each year.
| 8 |
| The requirement for reporting to the General Assembly shall | 9 |
| be satisfied
by filing copies of the report with the Speaker, | 10 |
| the Minority Leader and
the Clerk of the House of | 11 |
| Representatives and the President, the Minority
Leader and the | 12 |
| Secretary of the Senate and the Legislative Research Unit,
as | 13 |
| required by Section 3.1 of the General Assembly Organization | 14 |
| Act and
filing such additional copies with the State Government | 15 |
| Report Distribution
Center for the General Assembly as is | 16 |
| required under paragraph (t) of
Section 7 of the State Library | 17 |
| Act.
| 18 |
| Those persons previously found eligible for receiving | 19 |
| non-institutional
services whose services were discontinued | 20 |
| under the Emergency Budget Act of
Fiscal Year 1992, and who do | 21 |
| not meet the eligibility standards in effect
on or after July | 22 |
| 1, 1992, shall remain ineligible on and after July 1,
1992. | 23 |
| Those persons previously not required to cost-share and who | 24 |
| were
required to cost-share effective March 1, 1992, shall | 25 |
| continue to meet
cost-share requirements on and after July 1, | 26 |
| 1992. Beginning July 1, 1992,
all clients will be required to | 27 |
| meet
eligibility, cost-share, and other requirements and will | 28 |
| have services
discontinued or altered when they fail to meet | 29 |
| these requirements.
| 30 |
| (Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; revised | 31 |
| 12-6-03.)".
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