Full Text of HB3376 100th General Assembly
HB3376ham001 100TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 3/8/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3376
| 2 | | AMENDMENT NO. ______. Amend House Bill 3376 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Rehabilitation of Persons with | 5 | | Disabilities Act is 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 Rehabilitation | 11 | | Act of 1973, as amended,
of the Workforce Investment Act of | 12 | | 1998,
and of the federal Social Security Act to the extent and | 13 | | in the manner
provided in these Acts.
| 14 | | (b) To prescribe and supervise such courses of vocational | 15 | | training
and provide such other services as may be necessary | 16 | | for the habilitation
and rehabilitation of persons with one or |
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| 1 | | more disabilities, including the
administrative activities | 2 | | under subsection (e) of this Section, and to
co-operate with | 3 | | State and local school authorities and other recognized
| 4 | | agencies engaged in habilitation, rehabilitation and | 5 | | comprehensive
rehabilitation services; and to cooperate with | 6 | | the Department of Children
and Family Services regarding the | 7 | | care and education of children with one
or more disabilities.
| 8 | | (c) (Blank).
| 9 | | (d) To report in writing, to the Governor, annually on or | 10 | | before the
first day of December, and at such other times and | 11 | | in such manner and
upon such subjects as the Governor may | 12 | | require. The annual report shall
contain (1) a statement of the | 13 | | existing condition of comprehensive
rehabilitation services, | 14 | | habilitation and rehabilitation in the State;
(2) a statement | 15 | | of suggestions and recommendations with reference to the
| 16 | | development of comprehensive rehabilitation services, | 17 | | habilitation and
rehabilitation in the State; and (3) an | 18 | | itemized statement of the
amounts of money received from | 19 | | federal, State and other sources, and of
the objects and | 20 | | purposes to which the respective items of these several
amounts | 21 | | have been devoted.
| 22 | | (e) (Blank).
| 23 | | (f) To establish a program of services to prevent the | 24 | | unnecessary
institutionalization of persons in need of long | 25 | | term care and who meet the criteria for blindness or disability | 26 | | as defined by the Social Security Act, thereby enabling them to
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| 1 | | remain in their own homes. Such preventive
services include any | 2 | | or all of the following:
| 3 | | (1) personal assistant services;
| 4 | | (2) homemaker services;
| 5 | | (3) home-delivered meals;
| 6 | | (4) adult day care services;
| 7 | | (5) respite care;
| 8 | | (6) home modification or assistive equipment;
| 9 | | (7) home health services;
| 10 | | (8) electronic home response;
| 11 | | (9) brain injury behavioral/cognitive services;
| 12 | | (10) brain injury habilitation;
| 13 | | (11) brain injury pre-vocational services; or
| 14 | | (12) brain injury supported employment.
| 15 | | The Department shall establish eligibility
standards for | 16 | | such services taking into consideration the unique
economic and | 17 | | social needs of the population for whom they are to
be | 18 | | provided. Such eligibility standards may be based on the | 19 | | recipient's
ability to pay for services; provided, however, | 20 | | that any portion of a
person's income that is equal to or less | 21 | | than the "protected income" level
shall not be considered by | 22 | | the Department in determining eligibility. The
"protected | 23 | | income" level shall be determined by the Department, shall | 24 | | never be
less than the federal poverty standard, and shall be | 25 | | adjusted each year to
reflect changes in the Consumer Price | 26 | | Index For All Urban Consumers as
determined by the United |
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| 1 | | States Department of Labor. The standards must
provide that a | 2 | | person may not have more than $10,000 in assets to be eligible | 3 | | for the services, and the Department may increase or decrease | 4 | | the asset limitation by rule. The Department may not decrease | 5 | | the asset level below $10,000.
| 6 | | The services shall be provided, as established by the
| 7 | | Department by rule, to eligible persons
to prevent unnecessary | 8 | | or premature institutionalization, to
the extent that the cost | 9 | | of the services, together with the
other personal maintenance | 10 | | expenses of the persons, are reasonably
related to the | 11 | | standards established for care in a group facility
appropriate | 12 | | to their 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 Illinois Department on Aging. | 16 | | The Department shall set rates and fees for services in a fair | 17 | | and equitable manner. Services identical to those offered by | 18 | | the Department on Aging shall be paid at the same rate.
| 19 | | Personal assistants shall be paid at a rate negotiated
| 20 | | between the State and an exclusive representative of personal
| 21 | | assistants under a collective bargaining agreement. In no case
| 22 | | shall the Department pay personal assistants an hourly wage
| 23 | | that is less than the federal minimum wage.
| 24 | | Solely for the purposes of coverage under the Illinois | 25 | | Public Labor
Relations
Act
(5 ILCS 315/), personal assistants | 26 | | providing
services under
the Department's Home Services |
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| 1 | | Program shall be considered to be public
employees
and the | 2 | | State of Illinois shall be considered to be their employer as | 3 | | of the
effective date of
this amendatory Act of the 93rd | 4 | | General Assembly, but not before. Solely for the purposes of | 5 | | coverage under the Illinois Public Labor Relations Act, home | 6 | | care and home health workers who function as personal | 7 | | assistants and individual maintenance home health workers and | 8 | | who also provide services under the Department's Home Services | 9 | | Program shall be considered to be public employees, no matter | 10 | | whether the State provides such services through direct | 11 | | fee-for-service arrangements, with the assistance of a managed | 12 | | care organization or other intermediary, or otherwise, and the | 13 | | State of Illinois shall be considered to be the employer of | 14 | | those persons as of January 29, 2013 (the effective date of | 15 | | Public Act 97-1158), but not before except as otherwise | 16 | | provided under this subsection (f). The State
shall
engage in | 17 | | collective bargaining with an exclusive representative of home | 18 | | care and home health workers who function as personal | 19 | | assistants and individual maintenance home health workers | 20 | | working under the Home Services Program
concerning
their terms | 21 | | and conditions of employment that are within the State's | 22 | | control.
Nothing in
this paragraph shall be understood to limit | 23 | | the right of the persons receiving
services
defined in this | 24 | | Section to hire and fire
home care and home health workers who | 25 | | function as personal assistants
and individual maintenance | 26 | | home health workers working under the Home Services Program or |
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| 1 | | to supervise them within the limitations set by the Home | 2 | | Services Program. The
State
shall not be considered to be the | 3 | | employer of
home care and home health workers who function as | 4 | | personal
assistants and individual maintenance home health | 5 | | workers working under the Home Services Program for any | 6 | | purposes not specifically provided in Public Act 93-204 or | 7 | | Public Act 97-1158, including but not limited to, purposes of | 8 | | vicarious liability
in tort and
purposes of statutory | 9 | | retirement or health insurance benefits. Home care and home | 10 | | health workers who function as personal assistants and | 11 | | individual maintenance home health workers and who also provide | 12 | | services under the Department's Home Services Program shall not | 13 | | be covered by the State Employees Group
Insurance Act
of 1971 | 14 | | (5 ILCS 375/).
| 15 | | A home care consumer, as defined in Section 17.1, in the | 16 | | Department's Home Services Program has the right and discretion | 17 | | to select and hire a personal assistant or other individual | 18 | | provider of his or her choice. A home care consumer in the | 19 | | Department's Home Services Program also has the right and | 20 | | discretion to determine the number of hours per week his or her | 21 | | personal assistant or other individual provider may work. | 22 | | Subject to the Department's authority to approve the total | 23 | | monthly hours in a home care consumer's service plan, the State | 24 | | of Illinois and any of its departments, including the | 25 | | Department, shall not impose a limit on the number of hours per | 26 | | week a personal assistant or other individual provider may work |
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| 1 | | that is less than 55 hours per week. Subject to the | 2 | | Department's authority to approve the total monthly hours in a | 3 | | home care consumer's service plan, the State of Illinois and | 4 | | any of its departments, including the
Department, shall not | 5 | | impose any limit on the number of hours per week a personal | 6 | | assistant or other individual provider may work unless the | 7 | | following conditions are satisfied: | 8 | | (1) As an exception to any limit imposed by the | 9 | | Department, a personal assistant or other individual | 10 | | provider may work and be paid for all hours worked up to at | 11 | | least 66 hours per week if, subject to verification by the | 12 | | Department, the personal assistant or other individual | 13 | | provider works for: (i) a home care consumer receiving | 14 | | services under a court-ordered service plan; (ii) a home | 15 | | care consumer with a Determination of Need score of 70 or | 16 | | above (or the equivalent under any new assessment tool); or | 17 | | (iii) a home care consumer with an exceptional care rate. | 18 | | (2) The Department shall establish an exceptions and | 19 | | appeals process that permits a home care consumer to | 20 | | request an exception to any limit imposed by the Department | 21 | | up to a maximum of no less than 66 hours per week. | 22 | | Exceptions shall be approved as appropriate to maintain | 23 | | consumer independence and shall be approved, at a minimum, | 24 | | under the following circumstances which must be verified by | 25 | | the Department: | 26 | | (A) Delayed arrival of a provider. |
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| 1 | | (B) Sudden loss of a provider. | 2 | | (C) Unexpected illness of a provider. | 3 | | (D) Extraordinary circumstances justified by the | 4 | | health and safety issues of the home care consumer. | 5 | | The exceptions and appeals process shall also permit a | 6 | | home care consumer to apply to be pre-approved for the use | 7 | | of a personal assistant or other individual provider for | 8 | | hours worked above the weekly maximum. Such pre-approval | 9 | | shall last for not less than one year from the date of the | 10 | | approval. Additionally, the exceptions and appeals process | 11 | | shall permit a home care consumer to apply after the fact | 12 | | for the approval of the prior use of a personal assistant | 13 | | or other individual provider who worked up to a maximum of | 14 | | no less than 66 hours per week. | 15 | | (3) Notwithstanding any limit imposed by the | 16 | | Department on the number of hours per week a home care | 17 | | consumer's personal assistant or other individual provider | 18 | | may work, if the home care consumer would face a serious | 19 | | risk of institutionalization, the Department shall work | 20 | | with the home care consumer to ensure that appropriate care | 21 | | in the community will be provided, whether through | 22 | | authorized overtime or another solution. | 23 | | Nothing in this subsection shall limit the Department's | 24 | | authority under any other statute to disqualify an individual | 25 | | from providing services in the Department's Home Services | 26 | | Program for reasons other than the number of weekly hours |
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| 1 | | worked by the individual. | 2 | | The Department shall execute, relative to nursing home | 3 | | prescreening, as authorized by Section 4.03 of the Illinois Act | 4 | | on the Aging,
written inter-agency agreements with the | 5 | | Department on Aging and
the Department of Healthcare and Family | 6 | | Services, to effect the intake procedures
and eligibility | 7 | | criteria for those persons who may need long term care. On and | 8 | | after July 1, 1996, all nursing
home prescreenings for | 9 | | individuals 18 through 59 years of age shall be
conducted by | 10 | | the Department, or a designee of the
Department.
| 11 | | The Department is authorized to establish a system of | 12 | | recipient cost-sharing
for services provided under this | 13 | | Section. The cost-sharing shall be based upon
the recipient's | 14 | | ability to pay for services, but in no case shall the
| 15 | | recipient's share exceed the actual cost of the services | 16 | | provided. Protected
income shall not be considered by the | 17 | | Department in its determination of the
recipient's ability to | 18 | | pay a share of the cost of services. The level of
cost-sharing | 19 | | shall be adjusted each year to reflect changes in the | 20 | | "protected
income" level. The Department shall deduct from the | 21 | | recipient's share of the
cost of services any money expended by | 22 | | the recipient for disability-related
expenses.
| 23 | | To the extent permitted under the federal Social Security | 24 | | Act, the Department, or the Department's authorized | 25 | | representative, may recover
the amount of moneys expended for | 26 | | services provided to or in behalf of a person
under this |
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| 1 | | Section by a claim against the person's estate or against the | 2 | | estate
of the person's surviving spouse, but no recovery may be | 3 | | had until after the
death of the surviving spouse, if any, and | 4 | | then only at such time when there is
no surviving child who is | 5 | | under age 21 or blind or who has a permanent and total | 6 | | disability. This paragraph, however, shall not bar recovery, at | 7 | | the death of the
person, of moneys for services provided to the | 8 | | person or in behalf of the
person under this Section to which | 9 | | the person was not entitled; provided that
such recovery shall | 10 | | not be enforced against any real estate while
it is occupied as | 11 | | a homestead by the surviving spouse or other dependent, if no
| 12 | | claims by other creditors have been filed against the estate, | 13 | | or, if such
claims have been filed, they remain dormant for | 14 | | failure of prosecution or
failure of the claimant to compel | 15 | | administration of the estate for the purpose
of payment. This | 16 | | paragraph shall not bar recovery from the estate of a spouse,
| 17 | | under Sections 1915 and 1924 of the Social Security Act and | 18 | | Section 5-4 of the
Illinois Public Aid Code, who precedes a | 19 | | person receiving services under this
Section in death. All | 20 | | moneys for services
paid to or in behalf of the person under | 21 | | this Section shall be claimed for
recovery from the deceased | 22 | | spouse's estate. "Homestead", as used in this
paragraph, means | 23 | | the dwelling house and
contiguous real estate occupied by a | 24 | | surviving spouse or relative, as defined
by the rules and | 25 | | regulations of the Department of Healthcare and Family | 26 | | Services,
regardless of the value of the property.
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| 1 | | The Department shall submit an annual report on programs | 2 | | and
services provided under this Section. The report shall be | 3 | | filed
with the Governor and the General Assembly on or before | 4 | | March
30
each year.
| 5 | | The requirement for reporting to the General Assembly shall | 6 | | be satisfied
by filing copies of the report with the Speaker, | 7 | | the Minority Leader and
the Clerk of the House of | 8 | | Representatives and the President, the Minority
Leader and the | 9 | | Secretary of the Senate and the Legislative Research Unit,
as | 10 | | required by Section 3.1 of the General Assembly Organization | 11 | | Act, and filing
additional copies with the State
Government | 12 | | Report Distribution Center for the General Assembly as
required | 13 | | under paragraph (t) of Section 7 of the State Library Act.
| 14 | | (g) To establish such subdivisions of the Department
as | 15 | | shall be desirable and assign to the various subdivisions the
| 16 | | responsibilities and duties placed upon the Department by law.
| 17 | | (h) To cooperate and enter into any necessary agreements | 18 | | with the
Department of Employment Security for the provision of | 19 | | job placement and
job referral services to clients of the | 20 | | Department, including job
service registration of such clients | 21 | | with Illinois Employment Security
offices and making job | 22 | | listings maintained by the Department of Employment
Security | 23 | | available to such clients.
| 24 | | (i) To possess all powers reasonable and necessary for
the | 25 | | exercise and administration of the powers, duties and
| 26 | | responsibilities of the Department which are provided for by |
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| 1 | | law.
| 2 | | (j) (Blank).
| 3 | | (k) (Blank).
| 4 | | (l) To establish, operate and maintain a Statewide Housing | 5 | | Clearinghouse
of information on available, government | 6 | | subsidized housing accessible to
persons with disabilities and | 7 | | available privately owned housing accessible to
persons with | 8 | | disabilities. The information shall include but not be limited | 9 | | to the
location, rental requirements, access features and | 10 | | proximity to public
transportation of available housing. The | 11 | | Clearinghouse shall consist
of at least a computerized database | 12 | | for the storage and retrieval of
information and a separate or | 13 | | shared toll free telephone number for use by
those seeking | 14 | | information from the Clearinghouse. Department offices and
| 15 | | personnel throughout the State shall also assist in the | 16 | | operation of the
Statewide Housing Clearinghouse. Cooperation | 17 | | with local, State and federal
housing managers shall be sought | 18 | | and extended in order to frequently and
promptly update the | 19 | | Clearinghouse's information.
| 20 | | (m) To assure that the names and case records of persons | 21 | | who received or
are
receiving services from the Department, | 22 | | including persons receiving vocational
rehabilitation, home | 23 | | services, or other services, and those attending one of
the | 24 | | Department's schools or other supervised facility shall be | 25 | | confidential and
not be open to the general public. Those case | 26 | | records and reports or the
information contained in those |
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| 1 | | records and reports shall be disclosed by the
Director only to | 2 | | proper law enforcement officials, individuals authorized by a
| 3 | | court, the General Assembly or any committee or commission of | 4 | | the General
Assembly, and other persons and for reasons as the | 5 | | Director designates by rule.
Disclosure by the Director may be | 6 | | only in accordance with other applicable
law.
| 7 | | (Source: P.A. 98-1004, eff. 8-18-14; 99-143, eff. 7-27-15.)".
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