|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0661
Introduced 1/28/2005, by Rep. Karen A. Yarbrough SYNOPSIS AS INTRODUCED: |
|
20 ILCS 105/4.02 |
from Ch. 23, par. 6104.02 |
20 ILCS 2405/3 |
from Ch. 23, par. 3434 |
|
Amends the Illinois Act on the Aging and the Disabled Persons Rehabilitation Act. Provides that subject to an increase in the rates paid to chore/housekeeping and homemaker service vendors contracting with the Department on Aging, these service vendors must pay a minimum amount into a fund providing certain health care
benefits. Provides that for 2006, minimum funding must equal $1.40 for
each hour of chore/housekeeping and homemaker services performed pursuant to
a vendor's contract with the Department. Allows for proportionate increases in subsequent years to reflect changes in the cost of medical services. Requires that the health care fund provide coverage to employees, certain persons under contract with the vendor and providing more than 80 hours of chore/housekeeping or homemaker service per month, and the dependents of these individuals. Provides that if a
vendor fails to
pay a required amount into the fund, the vendor must pay that amount to the
Department. Allows the Department's annual audit to assure that audited vendors are complying with these health care benefit funding provisions. Requires the
Department of Human Services under the Disabled Persons Rehabilitation Act to pay an amount into a fund to provide health
care coverage for individuals who perform more than 80 hours of preventive
services per month. Provides that the amount must equal $1.40 for each hour of
preventive services provided under the program. Makes other changes. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB0661 |
|
LRB094 05027 RSP 37174 b |
|
|
1 |
| AN ACT concerning State government.
|
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 a |
11 |
| related disorder under the Alzheimer's Disease
Assistance Act, |
12 |
| thereby enabling them
to remain in their own homes or in other |
13 |
| living arrangements. Such
preventive services, which may be |
14 |
| coordinated with other programs for the
aged and monitored by |
15 |
| area agencies on aging in cooperation with the
Department, may |
16 |
| include, but are not limited to, any or all of the following:
|
17 |
| (a) home health services;
|
18 |
| (b) home nursing services;
|
19 |
| (c) homemaker services;
|
20 |
| (d) chore and housekeeping services;
|
21 |
| (e) day care services;
|
22 |
| (f) home-delivered meals;
|
23 |
| (g) education in self-care;
|
24 |
| (h) personal care services;
|
25 |
| (i) adult day health services;
|
26 |
| (j) habilitation services;
|
27 |
| (k) respite care;
|
28 |
| (k-5) community reintegration services;
|
29 |
| (l) other nonmedical social services that may enable |
30 |
| the person
to become self-supporting; or
|
31 |
| (m) clearinghouse for information provided by senior |
32 |
| citizen home owners
who want to rent rooms to or share |
|
|
|
HB0661 |
- 2 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| living space with other senior citizens.
|
2 |
| The Department shall establish eligibility standards for |
3 |
| such
services taking into consideration the unique economic and |
4 |
| social needs
of the target population for whom they are to be |
5 |
| provided. Such eligibility
standards shall be based on the |
6 |
| recipient's ability to pay for services;
provided, however, |
7 |
| that in determining the amount and nature of services
for which |
8 |
| a person may qualify, consideration shall not be given to the
|
9 |
| value of cash, property or other assets held in the name of the |
10 |
| person's
spouse pursuant to a written agreement dividing |
11 |
| marital property into equal
but separate shares or pursuant to |
12 |
| a transfer of the person's interest in a
home to his spouse, |
13 |
| provided that the spouse's share of the marital
property is not |
14 |
| made available to the person seeking such services.
|
15 |
| Beginning July 1, 2002, the Department shall require as a |
16 |
| condition of
eligibility that all financially eligible |
17 |
| applicants and recipients apply
for medical assistance
under |
18 |
| Article V of the Illinois Public Aid Code in accordance with |
19 |
| rules
promulgated by the Department.
|
20 |
| The Department shall, in conjunction with the Department of |
21 |
| Public Aid,
seek appropriate amendments under Sections 1915 and |
22 |
| 1924 of the Social
Security Act. The purpose of the amendments |
23 |
| shall be to extend eligibility
for home and community based |
24 |
| services under Sections 1915 and 1924 of the
Social Security |
25 |
| Act to persons who transfer to or for the benefit of a
spouse |
26 |
| those amounts of income and resources allowed under Section |
27 |
| 1924 of
the Social Security Act. Subject to the approval of |
28 |
| such amendments, the
Department shall extend the provisions of |
29 |
| Section 5-4 of the Illinois
Public Aid Code to persons who, but |
30 |
| for the provision of home or
community-based services, would |
31 |
| require the level of care provided in an
institution, as is |
32 |
| provided for in federal law. Those persons no longer
found to |
33 |
| be eligible for receiving noninstitutional services due to |
34 |
| changes
in the eligibility criteria shall be given 60 days |
35 |
| notice prior to actual
termination. Those persons receiving |
36 |
| notice of termination may contact the
Department and request |
|
|
|
HB0661 |
- 3 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| the determination be appealed at any time during the
60 day |
2 |
| notice period. With the exception of the lengthened notice and |
3 |
| time
frame for the appeal request, the appeal process shall |
4 |
| follow the normal
procedure. In addition, each person affected |
5 |
| regardless of the
circumstances for discontinued eligibility |
6 |
| shall be given notice and the
opportunity to purchase the |
7 |
| necessary services through the Community Care
Program. If the |
8 |
| individual does not elect to purchase services, the
Department |
9 |
| shall advise the individual of alternative services. The target
|
10 |
| population identified for the purposes of this Section are |
11 |
| persons age 60
and older with an identified service need. |
12 |
| Priority shall be given to those
who are at imminent risk of |
13 |
| institutionalization. The services shall be
provided to |
14 |
| eligible persons age 60 and older to the extent that the cost
|
15 |
| of the services together with the other personal maintenance
|
16 |
| expenses of the persons are reasonably related to the standards
|
17 |
| established for care in a group facility appropriate to the |
18 |
| person's
condition. These non-institutional services, pilot |
19 |
| projects or
experimental facilities may be provided as part of |
20 |
| or in addition to
those authorized by federal law or those |
21 |
| funded and administered by the
Department of Human Services. |
22 |
| The Departments of Human Services, Public Aid,
Public Health, |
23 |
| Veterans' Affairs, and Commerce and Economic Opportunity and
|
24 |
| other appropriate agencies of State, federal and local |
25 |
| governments shall
cooperate with the Department on Aging in the |
26 |
| establishment and development
of the non-institutional |
27 |
| services. The Department shall require an annual
audit from all |
28 |
| chore/housekeeping and homemaker vendors contracting with
the |
29 |
| Department under this Section. The annual audit shall assure |
30 |
| that each
audited vendor's procedures are in compliance with |
31 |
| Department's financial
reporting guidelines requiring a 27% |
32 |
| administrative cost split and a 73%
employee wages and benefits |
33 |
| cost split. The audit shall assure that each audited vendor is |
34 |
| funding healthcare benefits for their agents and employees as |
35 |
| provided for in this Section. The audit is a public record |
36 |
| under
the Freedom of Information Act. The Department shall |
|
|
|
HB0661 |
- 4 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| execute, relative to
the nursing home prescreening project, |
2 |
| written inter-agency
agreements with the Department of Human |
3 |
| Services and the Department
of Public Aid, to effect the |
4 |
| following: (1) intake procedures and common
eligibility |
5 |
| criteria for those persons who are receiving non-institutional
|
6 |
| services; and (2) the establishment and development of |
7 |
| non-institutional
services in areas of the State where they are |
8 |
| not currently available or are
undeveloped. On and after July |
9 |
| 1, 1996, all nursing home prescreenings for
individuals 60 |
10 |
| years of age or older shall be conducted by the Department.
|
11 |
| Chore/housekeeping and homemaker service provider vendors |
12 |
| contracting with the Department under this Section must meet |
13 |
| minimum funding requirements for an appropriate healthcare |
14 |
| fund. For fiscal year 2006, the minimum funding required of a |
15 |
| chore/housekeeping and homemaker service vendor is an amount at |
16 |
| least equal to $1.40 for each hour of chore/housekeeping and |
17 |
| homemaker service performed pursuant to the vendor's contract |
18 |
| with the Department under this Section. For subsequent fiscal |
19 |
| years, the amount of minimum funding must be adjusted for |
20 |
| changes in the costs of medical services. For years after 2006, |
21 |
| the adjusted amount of minimum funding shall be $1.40 plus the |
22 |
| result of $1.40 multiplied by the percentage, if any, by which |
23 |
| the medical component of the Consumer Price Index for the |
24 |
| calendar year in which the fiscal year begins exceeds such |
25 |
| component for calendar year 2005 for each hour of |
26 |
| chore/housekeeping and homemaker services performed pursuant |
27 |
| to the vendor's contract with the Department under this |
28 |
| Section. The moneys owed under this paragraph must be placed |
29 |
| into an appropriate health care fund. "Appropriate health care |
30 |
| fund" means a fund that provides comprehensive health care |
31 |
| coverage to the vendor's (i) employees, (ii) qualified agents, |
32 |
| which for purposes of this paragraph means those agents under |
33 |
| contract with the vendor and providing more than 80 hours of |
34 |
| chore/housekeeping or homemaker services per month, and (iii) |
35 |
| dependents, if any, of any persons qualifying for coverage as |
36 |
| an employee or qualified agent under this paragraph. In the |
|
|
|
HB0661 |
- 5 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| event that the annual audit or other evidence reveals that a |
2 |
| vendor has failed to provide minimum funding for an appropriate |
3 |
| health care fund as required under this paragraph, the |
4 |
| Department may collect the amount owed from the vendor. The |
5 |
| Department must provide 60 days notice prior to an annual |
6 |
| adjustment of the amount owed under this paragraph. This notice |
7 |
| shall be mailed to all chore/housekeeping and homemaker service |
8 |
| provider vendors contracting with the Department under this |
9 |
| Section, return receipt requested, and must state the new |
10 |
| hourly amount required. The requirements of this paragraph are |
11 |
| subject to an increase in the rates paid to chore/housekeeping |
12 |
| and homemaker service provider vendors contracting with the |
13 |
| Department under this Section.
|
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 pay |
17 |
| but in no case to exceed the actual cost of
the services |
18 |
| provided. Additionally, any portion of a person's income which
|
19 |
| is equal to or less than the federal poverty standard shall not |
20 |
| be
considered by the Department in determining the copayment. |
21 |
| The level of
such copayment shall be adjusted whenever |
22 |
| necessary to reflect any change
in the officially designated |
23 |
| federal poverty standard.
|
24 |
| The Department, or the Department's authorized |
25 |
| representative, shall
recover the amount of moneys expended for |
26 |
| 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 be |
29 |
| had until after the death of the surviving spouse, if
any, and |
30 |
| then only at such time when there is no surviving child who
is |
31 |
| under age 21, blind, or permanently and totally disabled. This
|
32 |
| paragraph, however, shall not bar recovery, at the death of the |
33 |
| person, of
moneys for services provided to the person or in |
34 |
| behalf of the person under
this Section to which the person was |
35 |
| not entitled;
provided that such recovery shall not be enforced |
36 |
| against any real estate while
it is occupied as a homestead by |
|
|
|
HB0661 |
- 6 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| the surviving spouse or other dependent, if no
claims by other |
2 |
| creditors have been filed against the estate, or, if such
|
3 |
| claims have been filed, they remain dormant for failure of |
4 |
| prosecution or
failure of the claimant to compel administration |
5 |
| of the estate for the purpose
of payment. This paragraph shall |
6 |
| not bar recovery from the estate of a spouse,
under Sections |
7 |
| 1915 and 1924 of the Social Security Act and Section 5-4 of the
|
8 |
| Illinois Public Aid Code, who precedes a person receiving |
9 |
| services under this
Section in death. All moneys for services
|
10 |
| paid to or in behalf of the person under this Section shall be |
11 |
| claimed for
recovery from the deceased spouse's estate. |
12 |
| "Homestead", as used
in this paragraph, means the dwelling |
13 |
| house and
contiguous real estate occupied by a surviving spouse
|
14 |
| or relative, as defined by the rules and regulations of the |
15 |
| Illinois Department
of Public Aid, regardless of the value of |
16 |
| the property.
|
17 |
| The Department shall develop procedures to enhance |
18 |
| availability of
services on evenings, weekends, and on an |
19 |
| emergency basis to meet the
respite needs of caregivers. |
20 |
| Procedures shall be developed to permit the
utilization of |
21 |
| services in successive blocks of 24 hours up to the monthly
|
22 |
| maximum established by the Department. Workers providing these |
23 |
| services
shall be appropriately trained.
|
24 |
| Beginning on the effective date of this Amendatory Act of |
25 |
| 1991, no person
may perform chore/housekeeping and homemaker |
26 |
| services under a program
authorized by this Section unless that |
27 |
| person has been issued a certificate
of pre-service to do so by |
28 |
| his or her employing agency. Information
gathered to effect |
29 |
| such certification shall include (i) the person's name,
(ii) |
30 |
| the date the person was hired by his or her current employer, |
31 |
| and
(iii) the training, including dates and levels. Persons |
32 |
| engaged in the
program authorized by this Section before the |
33 |
| effective date of this
amendatory Act of 1991 shall be issued a |
34 |
| certificate of all pre- and
in-service training from his or her |
35 |
| employer upon submitting the necessary
information. The |
36 |
| employing agency shall be required to retain records of
all |
|
|
|
HB0661 |
- 7 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| staff pre- and in-service training, and shall provide such |
2 |
| records to
the Department upon request and upon termination of |
3 |
| the employer's contract
with the Department. In addition, the |
4 |
| employing agency is responsible for
the issuance of |
5 |
| certifications of in-service training completed to their
|
6 |
| employees.
|
7 |
| The Department is required to develop a system to ensure |
8 |
| that persons
working as homemakers and chore housekeepers |
9 |
| receive increases in their
wages when the federal minimum wage |
10 |
| is increased by requiring vendors to
certify that they are |
11 |
| meeting the federal minimum wage statute for homemakers
and |
12 |
| chore housekeepers. An employer that cannot ensure that the |
13 |
| minimum
wage increase is being given to homemakers and chore |
14 |
| housekeepers
shall be denied any increase in reimbursement |
15 |
| costs.
|
16 |
| The Department on Aging and the Department of Human |
17 |
| Services
shall cooperate in the development and submission of |
18 |
| an annual report on
programs and services provided under this |
19 |
| Section. Such joint report
shall be filed with the Governor and |
20 |
| the General Assembly on or before
September 30 each year.
|
21 |
| The requirement for reporting to the General Assembly shall |
22 |
| be satisfied
by filing copies of the report with the Speaker, |
23 |
| the Minority Leader and
the Clerk of the House of |
24 |
| Representatives and the President, the Minority
Leader and the |
25 |
| Secretary of the Senate and the Legislative Research Unit,
as |
26 |
| required by Section 3.1 of the General Assembly Organization |
27 |
| Act and
filing such additional copies with the State Government |
28 |
| Report Distribution
Center for the General Assembly as is |
29 |
| required under paragraph (t) of
Section 7 of the State Library |
30 |
| Act.
|
31 |
| Those persons previously found eligible for receiving |
32 |
| non-institutional
services whose services were discontinued |
33 |
| under the Emergency Budget Act of
Fiscal Year 1992, and who do |
34 |
| not meet the eligibility standards in effect
on or after July |
35 |
| 1, 1992, shall remain ineligible on and after July 1,
1992. |
36 |
| Those persons previously not required to cost-share and who |
|
|
|
HB0661 |
- 8 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| were
required to cost-share effective March 1, 1992, shall |
2 |
| continue to meet
cost-share requirements on and after July 1, |
3 |
| 1992. Beginning July 1, 1992,
all clients will be required to |
4 |
| meet
eligibility, cost-share, and other requirements and will |
5 |
| have services
discontinued or altered when they fail to meet |
6 |
| these requirements.
|
7 |
| (Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; 93-902, |
8 |
| eff. 8-10-04.)
|
9 |
| Section 10. The Disabled Persons Rehabilitation Act is |
10 |
| amended by changing Section 3 as follows:
|
11 |
| (20 ILCS 2405/3) (from Ch. 23, par. 3434)
|
12 |
| Sec. 3. Powers and duties. The Department shall have the |
13 |
| powers and
duties enumerated
herein:
|
14 |
| (a) To co-operate with the federal government in the |
15 |
| administration
of the provisions of the federal Rehabilitation |
16 |
| Act of 1973, as amended,
of the Workforce Investment Act of |
17 |
| 1998,
and of the federal Social Security Act to the extent and |
18 |
| in the manner
provided in these Acts.
|
19 |
| (b) To prescribe and supervise such courses of vocational |
20 |
| training
and provide such other services as may be necessary |
21 |
| for the habilitation
and rehabilitation of persons with one or |
22 |
| more disabilities, including the
administrative activities |
23 |
| under subsection (e) of this Section, and to
co-operate with |
24 |
| State and local school authorities and other recognized
|
25 |
| agencies engaged in habilitation, rehabilitation and |
26 |
| comprehensive
rehabilitation services; and to cooperate with |
27 |
| the Department of Children
and Family Services regarding the |
28 |
| care and education of children with one
or more disabilities.
|
29 |
| (c) (Blank).
|
30 |
| (d) To report in writing, to the Governor, annually on or |
31 |
| before the
first day of December, and at such other times and |
32 |
| in such manner and
upon such subjects as the Governor may |
33 |
| require. The annual report shall
contain (1) a statement of the |
34 |
| existing condition of comprehensive
rehabilitation services, |
|
|
|
HB0661 |
- 9 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| habilitation and rehabilitation in the State;
(2) a statement |
2 |
| of suggestions and recommendations with reference to the
|
3 |
| development of comprehensive rehabilitation services, |
4 |
| habilitation and
rehabilitation in the State; and (3) an |
5 |
| itemized statement of the
amounts of money received from |
6 |
| federal, State and other sources, and of
the objects and |
7 |
| purposes to which the respective items of these several
amounts |
8 |
| have been devoted.
|
9 |
| (e) (Blank).
|
10 |
| (f) To establish a program of services to prevent |
11 |
| unnecessary
institutionalization of persons with Alzheimer's |
12 |
| disease and related
disorders or persons in need of long term |
13 |
| care who are established as blind
or disabled as defined by the |
14 |
| Social Security Act, thereby enabling them to
remain in their |
15 |
| own homes or other living arrangements. Such preventive
|
16 |
| services may include, but are not limited to, any or all of the |
17 |
| following:
|
18 |
| (1) home health services;
|
19 |
| (2) home nursing services;
|
20 |
| (3) homemaker services;
|
21 |
| (4) chore and housekeeping services;
|
22 |
| (5) day care services;
|
23 |
| (6) home-delivered meals;
|
24 |
| (7) education in self-care;
|
25 |
| (8) personal care services;
|
26 |
| (9) adult day health services;
|
27 |
| (10) habilitation services;
|
28 |
| (11) respite care; or
|
29 |
| (12) other nonmedical social services that may enable |
30 |
| the person to
become self-supporting.
|
31 |
| The Department shall establish eligibility
standards for |
32 |
| such services taking into consideration the unique
economic and |
33 |
| social needs of the population for whom they are to
be |
34 |
| provided. Such eligibility standards may be based on the |
35 |
| recipient's
ability to pay for services; provided, however, |
36 |
| that any portion of a
person's income that is equal to or less |
|
|
|
HB0661 |
- 10 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| than the "protected income" level
shall not be considered by |
2 |
| the Department in determining eligibility. The
"protected |
3 |
| income" level shall be determined by the Department, shall |
4 |
| never be
less than the federal poverty standard, and shall be |
5 |
| adjusted each year to
reflect changes in the Consumer Price |
6 |
| Index For All Urban Consumers as
determined by the United |
7 |
| States Department of Labor. Additionally, in
determining the |
8 |
| amount and nature of services for which a person may qualify,
|
9 |
| consideration shall not be given to the value of cash, property |
10 |
| or other assets
held in the name of the person's spouse |
11 |
| pursuant to a written agreement
dividing marital property into |
12 |
| equal but separate shares or pursuant to a
transfer of the |
13 |
| person's interest in a home to his spouse, provided that the
|
14 |
| spouse's share of the marital property is not made available to |
15 |
| the person
seeking such services.
|
16 |
| The services shall be provided to eligible persons
to |
17 |
| prevent unnecessary or premature institutionalization, to
the |
18 |
| extent that the cost of the services, together with the
other |
19 |
| personal maintenance expenses of the persons, are reasonably
|
20 |
| related to the standards established for care in a group |
21 |
| facility
appropriate to their condition. These |
22 |
| non-institutional
services, pilot projects or experimental |
23 |
| facilities may be provided as part of
or in addition to those |
24 |
| authorized by federal law or those funded and
administered by |
25 |
| the Illinois Department on Aging.
|
26 |
| Personal care attendants shall be paid:
|
27 |
| (i) A $5 per hour minimum rate beginning July 1, 1995.
|
28 |
| (ii) A $5.30 per hour minimum rate beginning July 1, |
29 |
| 1997.
|
30 |
| (iii) A $5.40 per hour minimum rate beginning July 1, |
31 |
| 1998.
|
32 |
| Solely for the purposes of coverage under the Illinois |
33 |
| Public Labor
Relations
Act
(5 ILCS 315/), personal care |
34 |
| attendants and personal assistants providing
services under
|
35 |
| the Department's Home Services Program shall be considered to |
36 |
| be public
employees
and the State of Illinois shall be |
|
|
|
HB0661 |
- 11 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| considered to be their employer as of the
effective date of
|
2 |
| this amendatory Act of the 93rd General Assembly, but not |
3 |
| before. The State
shall
engage in collective bargaining with an |
4 |
| exclusive representative of personal
care
attendants and |
5 |
| personal assistants working under the Home Services Program
|
6 |
| concerning
their terms and conditions of employment that are |
7 |
| within the State's control.
Nothing in
this paragraph shall be |
8 |
| understood to limit the right of the persons receiving
services
|
9 |
| defined in this Section to hire and fire personal care |
10 |
| attendants and
personal assistants
or supervise them within the |
11 |
| limitations set by the Home Services Program. The
State
shall |
12 |
| not be considered to be the employer of personal care |
13 |
| attendants and
personal
assistants for any purposes not |
14 |
| specifically provided in this amendatory Act of
the 93rd
|
15 |
| General Assembly, including but not limited to, purposes of |
16 |
| vicarious liability
in tort and
purposes of statutory |
17 |
| retirement or health insurance benefits. Personal care
|
18 |
| attendants
and personal assistants shall not be covered by the |
19 |
| State Employees Group
Insurance Act
of 1971 (5 ILCS 375/).
|
20 |
| The Department shall pay an amount into a health care fund |
21 |
| jointly administered by the Department and the exclusive |
22 |
| representative under the Illinois Public Labor Relations Act |
23 |
| or, if no such representative exists, the representatives of |
24 |
| the individuals that perform those services. For fiscal year |
25 |
| 2006, the amount must equal $1.40 for each hour of preventive |
26 |
| services provided under this Section. For subsequent fiscal |
27 |
| years, the amount of minimum funding must be adjusted for |
28 |
| changes in the costs of medical services. For years after 2006, |
29 |
| the adjusted amount of minimum funding shall be $1.40 plus the |
30 |
| result of $1.40 multiplied by the percentage, if any, by which |
31 |
| the medical component of the Consumer Price Index for the |
32 |
| calendar year in which the fiscal year begins exceeds such |
33 |
| component for calendar year 2005 for each hour of preventive |
34 |
| services provided under this Section. The Department must use |
35 |
| the moneys in the fund to provide comprehensive health care |
36 |
| coverage for all individuals that perform more than 80 hours of |
|
|
|
HB0661 |
- 12 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| preventative services per month. If such an individual has |
2 |
| dependents, the comprehensive health care coverage provided by |
3 |
| the Department under this Section must also extend to those |
4 |
| dependents.
|
5 |
| The Department shall execute, relative to the nursing home |
6 |
| prescreening
project, as authorized by Section 4.03 of the |
7 |
| Illinois Act on the Aging,
written inter-agency agreements with |
8 |
| the Department on Aging and
the Department of Public Aid, to |
9 |
| effect the following: (i) intake procedures
and common |
10 |
| eligibility criteria for those persons who are receiving
|
11 |
| non-institutional services; and (ii) the establishment and |
12 |
| development of
non-institutional services in areas of the State |
13 |
| where they are not
currently available or are undeveloped. On |
14 |
| and after July 1, 1996, all nursing
home prescreenings for |
15 |
| individuals 18 through 59 years of age shall be
conducted by |
16 |
| the Department.
|
17 |
| The Department is authorized to establish a system of |
18 |
| recipient cost-sharing
for services provided under this |
19 |
| Section. The cost-sharing shall be based upon
the recipient's |
20 |
| ability to pay for services, but in no case shall the
|
21 |
| recipient's share exceed the actual cost of the services |
22 |
| provided. Protected
income shall not be considered by the |
23 |
| Department in its determination of the
recipient's ability to |
24 |
| pay a share of the cost of services. The level of
cost-sharing |
25 |
| shall be adjusted each year to reflect changes in the |
26 |
| "protected
income" level. The Department shall deduct from the |
27 |
| recipient's share of the
cost of services any money expended by |
28 |
| the recipient for disability-related
expenses.
|
29 |
| The Department, or the Department's authorized |
30 |
| representative, shall recover
the amount of moneys expended for |
31 |
| services provided to or in behalf of a person
under this |
32 |
| Section by a claim against the person's estate or against the |
33 |
| estate
of the person's surviving spouse, but no recovery may be |
34 |
| had until after the
death of the surviving spouse, if any, and |
35 |
| then only at such time when there is
no surviving child who is |
36 |
| under age 21, blind, or permanently and totally
disabled. This |
|
|
|
HB0661 |
- 13 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| paragraph, however, shall not bar recovery, at the death of the
|
2 |
| person, of moneys for services provided to the person or in |
3 |
| behalf of the
person under this Section to which the person was |
4 |
| not entitled; provided that
such recovery shall not be enforced |
5 |
| against any real estate while
it is occupied as a homestead by |
6 |
| the surviving spouse or other dependent, if no
claims by other |
7 |
| creditors have been filed against the estate, or, if such
|
8 |
| claims have been filed, they remain dormant for failure of |
9 |
| prosecution or
failure of the claimant to compel administration |
10 |
| of the estate for the purpose
of payment. This paragraph shall |
11 |
| not bar recovery from the estate of a spouse,
under Sections |
12 |
| 1915 and 1924 of the Social Security Act and Section 5-4 of the
|
13 |
| Illinois Public Aid Code, who precedes a person receiving |
14 |
| services under this
Section in death. All moneys for services
|
15 |
| paid to 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 spouse |
19 |
| or relative, as defined
by the rules and regulations of the |
20 |
| Illinois Department of Public Aid,
regardless of the value of |
21 |
| the property.
|
22 |
| The Department and the Department on Aging shall cooperate
|
23 |
| in the development and submission of an annual report on |
24 |
| programs and
services provided under this Section. Such joint |
25 |
| report shall be filed
with the Governor and the General |
26 |
| Assembly on or before March
30
each year.
|
27 |
| The requirement for reporting to the General Assembly shall |
28 |
| be satisfied
by filing copies of the report with the Speaker, |
29 |
| the Minority Leader and
the Clerk of the House of |
30 |
| Representatives and the President, the Minority
Leader and the |
31 |
| Secretary of the Senate and the Legislative Research Unit,
as |
32 |
| required by Section 3.1 of the General Assembly Organization |
33 |
| Act, and filing
additional copies with the State
Government |
34 |
| Report Distribution Center for the General Assembly as
required |
35 |
| under paragraph (t) of Section 7 of the State Library Act.
|
36 |
| (g) To establish such subdivisions of the Department
as |
|
|
|
HB0661 |
- 14 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| shall be desirable and assign to the various subdivisions the
|
2 |
| responsibilities and duties placed upon the Department by law.
|
3 |
| (h) To cooperate and enter into any necessary agreements |
4 |
| with the
Department of Employment Security for the provision of |
5 |
| job placement and
job referral services to clients of the |
6 |
| Department, including job
service registration of such clients |
7 |
| with Illinois Employment Security
offices and making job |
8 |
| listings maintained by the Department of Employment
Security |
9 |
| available to such clients.
|
10 |
| (i) To possess all powers reasonable and necessary for
the |
11 |
| exercise and administration of the powers, duties and
|
12 |
| responsibilities of the Department which are provided for by |
13 |
| law.
|
14 |
| (j) To establish a procedure whereby new providers of
|
15 |
| personal care attendant services shall submit vouchers to the |
16 |
| State for
payment two times during their first month of |
17 |
| employment and one time per
month thereafter. In no case shall |
18 |
| the Department pay personal care
attendants an hourly wage that |
19 |
| is less than the federal minimum wage.
|
20 |
| (k) To provide adequate notice to providers of chore and |
21 |
| housekeeping
services informing them that they are entitled to |
22 |
| an interest payment on
bills which are not promptly paid |
23 |
| pursuant to Section 3 of the State Prompt
Payment Act.
|
24 |
| (l) To establish, operate and maintain a Statewide Housing |
25 |
| Clearinghouse
of information on available, government |
26 |
| subsidized housing accessible to
disabled persons and |
27 |
| available privately owned housing accessible to
disabled |
28 |
| persons. The information shall include but not be limited to |
29 |
| the
location, rental requirements, access features and |
30 |
| proximity to public
transportation of available housing. The |
31 |
| Clearinghouse shall consist
of at least a computerized database |
32 |
| for the storage and retrieval of
information and a separate or |
33 |
| shared toll free telephone number for use by
those seeking |
34 |
| information from the Clearinghouse. Department offices and
|
35 |
| personnel throughout the State shall also assist in the |
36 |
| operation of the
Statewide Housing Clearinghouse. Cooperation |
|
|
|
HB0661 |
- 15 - |
LRB094 05027 RSP 37174 b |
|
|
1 |
| with local, State and federal
housing managers shall be sought |
2 |
| and extended in order to frequently and
promptly update the |
3 |
| Clearinghouse's information.
|
4 |
| (m) To assure that the names and case records of persons |
5 |
| who received or
are
receiving services from the Department, |
6 |
| including persons receiving vocational
rehabilitation, home |
7 |
| services, or other services, and those attending one of
the |
8 |
| Department's schools or other supervised facility shall be |
9 |
| confidential and
not be open to the general public. Those case |
10 |
| records and reports or the
information contained in those |
11 |
| records and reports shall be disclosed by the
Director only to |
12 |
| proper law enforcement officials, individuals authorized by a
|
13 |
| court, the General Assembly or any committee or commission of |
14 |
| the General
Assembly, and other persons and for reasons as the |
15 |
| Director designates by rule.
Disclosure by the Director may be |
16 |
| only in accordance with other applicable
law.
|
17 |
| (Source: P.A. 92-84, eff. 7-1-02; 93-204, eff. 7-16-03.)
|
18 |
| Section 99. Effective date. This Act takes effect upon |
19 |
| becoming law.
|