Full Text of SB0777 95th General Assembly
SB0777 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0777
Introduced 2/8/2007, by Sen. Deanna Demuzio - Emil Jones, Jr. SYNOPSIS AS INTRODUCED: |
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20 ILCS 105/4.02 |
from Ch. 23, par. 6104.02 |
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Amends the Illinois Act on the Aging. Makes technical
changes in a Section concerning assisted living and noninstitutional services.
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A BILL FOR
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SB0777 |
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LRB095 05427 RCE 25517 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Act on the Aging is amended by | 5 |
| changing Section 4.02 as follows:
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| (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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| Sec. 4.02. The
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:
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| (a) home health services;
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| (b) home nursing services;
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| (c) homemaker services;
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| (d) chore and housekeeping services;
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| (e) adult day 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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| (k-5) community reintegration services;
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| (l) other nonmedical social services that may enable | 7 |
| the person
to become self-supporting; or
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| (m) clearinghouse for information provided by senior | 9 |
| citizen home owners
who want to rent rooms to or share | 10 |
| living space with other senior citizens.
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| The Department shall establish eligibility standards for | 12 |
| such
services taking into consideration the unique economic and | 13 |
| social needs
of the target population for whom they are to be | 14 |
| provided. Such eligibility
standards shall be based on the | 15 |
| recipient's ability to pay for services;
provided, however, | 16 |
| that in determining the amount and nature of services
for which | 17 |
| 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 | 19 |
| person's
spouse pursuant to a written agreement dividing | 20 |
| marital property into equal
but separate shares or pursuant to | 21 |
| a transfer of the person's interest in a
home to his spouse, | 22 |
| provided that the spouse's share of the marital
property is not | 23 |
| made available to the person seeking such services.
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| Beginning July 1, 2002, the Department shall require as a | 25 |
| condition of
eligibility that all financially eligible | 26 |
| applicants and recipients apply
for medical assistance
under |
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| Article V of the Illinois Public Aid Code in accordance with | 2 |
| rules
promulgated by the Department.
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| The Department shall, in conjunction with the Department of | 4 |
| Public Aid (now Department of Healthcare and Family Services),
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| seek appropriate amendments under Sections 1915 and 1924 of the | 6 |
| Social
Security Act. The purpose of the amendments shall be to | 7 |
| extend eligibility
for home and community based services under | 8 |
| Sections 1915 and 1924 of the
Social Security Act to persons | 9 |
| who transfer to or for the benefit of a
spouse those amounts of | 10 |
| income and resources allowed under Section 1924 of
the Social | 11 |
| Security Act. Subject to the approval of such amendments, the
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| Department shall extend the provisions of Section 5-4 of the | 13 |
| Illinois
Public Aid Code to persons who, but for the provision | 14 |
| of home or
community-based services, would require the level of | 15 |
| care provided in an
institution, as is provided for in federal | 16 |
| law. Those persons no longer
found to be eligible for receiving | 17 |
| noninstitutional services due to changes
in the eligibility | 18 |
| criteria shall be given 60 days notice prior to actual
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| termination. Those persons receiving notice of termination may | 20 |
| contact the
Department and request the determination be | 21 |
| appealed at any time during the
60 day notice period. With the | 22 |
| exception of the lengthened notice and time
frame for the | 23 |
| appeal request, the appeal process shall follow the normal
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| procedure. In addition, each person affected regardless of the
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| circumstances for discontinued eligibility shall be given | 26 |
| notice and the
opportunity to purchase the necessary services |
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| through the Community Care
Program. If the individual does not | 2 |
| elect to purchase services, the
Department shall advise the | 3 |
| individual of alternative services. The target
population | 4 |
| identified for the purposes of this Section are persons age 60
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| and older with an identified service need. Priority shall be | 6 |
| given to those
who are at imminent risk of | 7 |
| institutionalization. The services shall be
provided to | 8 |
| 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 | 12 |
| person's
condition. These non-institutional services, pilot | 13 |
| projects or
experimental facilities may be provided as part of | 14 |
| or in addition to
those authorized by federal law or those | 15 |
| funded and administered by the
Department of Human Services. | 16 |
| The Departments of Human Services, Healthcare and Family | 17 |
| Services,
Public Health, Veterans' Affairs, and Commerce and | 18 |
| Economic Opportunity and
other appropriate agencies of State, | 19 |
| federal and local governments shall
cooperate with the | 20 |
| Department on Aging in the establishment and development
of the | 21 |
| non-institutional services. The Department shall require an | 22 |
| annual
audit from all chore/housekeeping and homemaker vendors | 23 |
| contracting with
the Department under this Section. The annual | 24 |
| audit shall assure that each
audited vendor's procedures are in | 25 |
| compliance with Department's financial
reporting guidelines | 26 |
| requiring an administrative and employee wage and benefits cost |
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| split as defined in administrative rules. The audit is a public | 2 |
| record under
the Freedom of Information Act. The Department | 3 |
| shall execute, relative to
the nursing home prescreening | 4 |
| project, written inter-agency
agreements with the Department | 5 |
| of Human Services and the Department
of Healthcare and Family | 6 |
| Services, to effect the following: (1) intake procedures and | 7 |
| common
eligibility criteria for those persons who are receiving | 8 |
| non-institutional
services; and (2) the establishment and | 9 |
| development of non-institutional
services in areas of the State | 10 |
| where they are not currently available or are
undeveloped. On | 11 |
| 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 | 13 |
| Department.
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| As part of the Department on Aging's routine training of | 15 |
| case managers and case manager supervisors, the Department may | 16 |
| include information on family futures planning for persons who | 17 |
| are age 60 or older and who are caregivers of their adult | 18 |
| children with developmental disabilities. The content of the | 19 |
| training shall be at the Department's discretion. | 20 |
| The Department is authorized to establish a system of | 21 |
| recipient copayment
for services provided under this Section, | 22 |
| such copayment to be based upon
the recipient's ability to pay | 23 |
| but in no case to exceed the actual cost of
the services | 24 |
| 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 | 26 |
| be
considered by the Department in determining the copayment. |
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| The level of
such copayment shall be adjusted whenever | 2 |
| necessary to reflect any change
in the officially designated | 3 |
| federal poverty standard.
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| The Department, or the Department's authorized | 5 |
| representative, shall
recover the amount of moneys expended for | 6 |
| services provided to or in
behalf of a person under this | 7 |
| Section by a claim against the person's
estate or against the | 8 |
| estate of the person's surviving spouse, but no
recovery may be | 9 |
| had until after the death of the surviving spouse, if
any, and | 10 |
| then only at such time when there is no surviving child who
is | 11 |
| 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 | 13 |
| person, of
moneys for services provided to the person or in | 14 |
| behalf of the person under
this Section to which the person was | 15 |
| not entitled;
provided that such recovery shall not be enforced | 16 |
| against any real estate while
it is occupied as a homestead by | 17 |
| the surviving spouse or other dependent, if no
claims by other | 18 |
| creditors have been filed against the estate, or, if such
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| claims have been filed, they remain dormant for failure of | 20 |
| prosecution or
failure of the claimant to compel administration | 21 |
| of the estate for the purpose
of payment. This paragraph shall | 22 |
| not bar recovery from the estate of a spouse,
under Sections | 23 |
| 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 | 25 |
| 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 |
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| claimed for
recovery from the deceased spouse's estate. | 2 |
| "Homestead", as used
in this paragraph, means the dwelling | 3 |
| house and
contiguous real estate occupied by a surviving spouse
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| or relative, as defined by the rules and regulations of the | 5 |
| Department of Healthcare and Family Services, regardless of the | 6 |
| value of the property.
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| The Department shall develop procedures to enhance | 8 |
| availability of
services on evenings, weekends, and on an | 9 |
| emergency basis to meet the
respite needs of caregivers. | 10 |
| Procedures shall be developed to permit the
utilization of | 11 |
| services in successive blocks of 24 hours up to the monthly
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| maximum established by the Department. Workers providing these | 13 |
| services
shall be appropriately trained.
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| Beginning on the effective date of this Amendatory Act of | 15 |
| 1991, no person
may perform chore/housekeeping and homemaker | 16 |
| services under a program
authorized by this Section unless that | 17 |
| person has been issued a certificate
of pre-service to do so by | 18 |
| his or her employing agency. Information
gathered to effect | 19 |
| such certification shall include (i) the person's name,
(ii) | 20 |
| the date the person was hired by his or her current employer, | 21 |
| and
(iii) the training, including dates and levels. Persons | 22 |
| engaged in the
program authorized by this Section before the | 23 |
| effective date of this
amendatory Act of 1991 shall be issued a | 24 |
| certificate of all pre- and
in-service training from his or her | 25 |
| employer upon submitting the necessary
information. The | 26 |
| employing agency shall be required to retain records of
all |
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| 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
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| employees.
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| 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.
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| The Community Care Program Advisory Committee is created in | 17 |
| the Department on Aging. The Director shall appoint individuals | 18 |
| to serve in the Committee, who shall serve at their own | 19 |
| expense. Members of the Committee must abide by all applicable | 20 |
| ethics laws. The Committee shall advise the Department on | 21 |
| issues related to the Department's program of services to | 22 |
| prevent unnecessary institutionalization. The Committee shall | 23 |
| meet on a bi-monthly basis and shall serve to identify and | 24 |
| advise the Department on present and potential issues affecting | 25 |
| the service delivery network, the program's clients, and the | 26 |
| Department and to recommend solution strategies. Persons |
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| appointed to the Committee shall be appointed on, but not | 2 |
| limited to, their own and their agency's experience with the | 3 |
| program, geographic representation, and willingness to serve. | 4 |
| The Committee shall include, but not be limited to, | 5 |
| representatives from the following agencies and organizations: | 6 |
| (a) at least 4 adult day service representatives; | 7 |
| (b) at least 4 case coordination unit representatives; | 8 |
| (c) at least 4 representatives from in-home direct care | 9 |
| service agencies; | 10 |
| (d) at least 2 representatives of statewide trade or | 11 |
| labor unions that represent in-home direct care service | 12 |
| staff;
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| (e) at least 2 representatives of Area Agencies on | 14 |
| Aging; | 15 |
| (f) at least 2 non-provider representatives from a | 16 |
| policy, advocacy, research, or other service organization; | 17 |
| (g) at least 2 representatives from a statewide | 18 |
| membership organization for senior citizens; and | 19 |
| (h) at least 2 citizen members 60 years of age or | 20 |
| older. | 21 |
| Nominations may be presented from any agency or State | 22 |
| association with interest in the program. The Director, or his | 23 |
| or her designee, shall serve as the permanent co-chair of the | 24 |
| advisory committee. One other co-chair shall be nominated and | 25 |
| approved by the members of the committee on an annual basis. | 26 |
| Committee members' terms of appointment shall be for 4 years |
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| with one-quarter of the appointees' terms expiring each year. | 2 |
| At no time may a member serve more than one consecutive term in | 3 |
| any capacity on the committee. The Department shall fill | 4 |
| vacancies that have a remaining term of over one year, and this | 5 |
| replacement shall occur through the annual replacement of | 6 |
| expiring terms. The Director shall designate Department staff | 7 |
| to provide technical assistance and staff support to the | 8 |
| committee. Department representation shall not constitute | 9 |
| membership of the committee. All Committee papers, issues, | 10 |
| recommendations, reports, and meeting memoranda are advisory | 11 |
| only. The Director, or his or her designee, shall make a | 12 |
| written report, as requested by the Committee, regarding issues | 13 |
| before the Committee.
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| The Department on Aging and the Department of Human | 15 |
| Services
shall cooperate in the development and submission of | 16 |
| an annual report on
programs and services provided under this | 17 |
| Section. Such joint report
shall be filed with the Governor and | 18 |
| the General Assembly on or before
September 30 each year.
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| The requirement for reporting to the General Assembly shall | 20 |
| be satisfied
by filing copies of the report with the Speaker, | 21 |
| the Minority Leader and
the Clerk of the House of | 22 |
| Representatives and the President, the Minority
Leader and the | 23 |
| Secretary of the Senate and the Legislative Research Unit,
as | 24 |
| required by Section 3.1 of the General Assembly Organization | 25 |
| Act and
filing such additional copies with the State Government | 26 |
| Report Distribution
Center for the General Assembly as is |
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| required under paragraph (t) of
Section 7 of the State Library | 2 |
| Act.
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| Those persons previously found eligible for receiving | 4 |
| non-institutional
services whose services were discontinued | 5 |
| under the Emergency Budget Act of
Fiscal Year 1992, and who do | 6 |
| not meet the eligibility standards in effect
on or after July | 7 |
| 1, 1992, shall remain ineligible on and after July 1,
1992. | 8 |
| Those persons previously not required to cost-share and who | 9 |
| were
required to cost-share effective March 1, 1992, shall | 10 |
| continue to meet
cost-share requirements on and after July 1, | 11 |
| 1992. Beginning July 1, 1992,
all clients will be required to | 12 |
| meet
eligibility, cost-share, and other requirements and will | 13 |
| have services
discontinued or altered when they fail to meet | 14 |
| these requirements.
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| (Source: P.A. 93-85, eff. 1-1-04; 93-902, eff. 8-10-04; 94-48, | 16 |
| eff. 7-1-05; 94-269, eff. 7-19-05; 94-336, eff. 7-26-05; | 17 |
| 94-954, eff. 6-27-06.)
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