Sen. Iris Y. Martinez

Filed: 4/23/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 1628, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Illinois Act on the Aging is amended by
6changing Section 4.02 as follows:
7    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
8    Sec. 4.02. Community Care Program. The Department shall
9establish a program of services to prevent unnecessary
10institutionalization of persons age 60 and older in need of
11long term care or who are established as persons who suffer
12from Alzheimer's disease or a related disorder under the
13Alzheimer's Disease Assistance Act, thereby enabling them to
14remain in their own homes or in other living arrangements. Such
15preventive services, which may be coordinated with other
16programs for the aged and monitored by area agencies on aging



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1in cooperation with the Department, may include, but are not
2limited to, any or all of the following:
3        (a) (blank);
4        (b) (blank);
5        (c) home care aide services;
6        (d) personal assistant services;
7        (e) adult day services;
8        (f) home-delivered meals;
9        (g) education in self-care;
10        (h) personal care services;
11        (i) adult day health services;
12        (j) habilitation services;
13        (k) respite care;
14        (k-5) community reintegration services;
15        (k-6) flexible senior services;
16        (k-7) medication management;
17        (k-8) emergency home response;
18        (l) other nonmedical social services that may enable
19    the person to become self-supporting; or
20        (m) clearinghouse for information provided by senior
21    citizen home owners who want to rent rooms to or share
22    living space with other senior citizens.
23    The Department shall establish eligibility standards for
24such services. In determining the amount and nature of services
25for which a person may qualify, consideration shall not be
26given to the value of cash, property or other assets held in



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1the name of the person's spouse pursuant to a written agreement
2dividing marital property into equal but separate shares or
3pursuant to a transfer of the person's interest in a home to
4his spouse, provided that the spouse's share of the marital
5property is not made available to the person seeking such
7    Beginning January 1, 2008, the Department shall require as
8a condition of eligibility that all new financially eligible
9applicants apply for and enroll in medical assistance under
10Article V of the Illinois Public Aid Code in accordance with
11rules promulgated by the Department.
12    The Department shall, in conjunction with the Department of
13Public Aid (now Department of Healthcare and Family Services),
14seek appropriate amendments under Sections 1915 and 1924 of the
15Social Security Act. The purpose of the amendments shall be to
16extend eligibility for home and community based services under
17Sections 1915 and 1924 of the Social Security Act to persons
18who transfer to or for the benefit of a spouse those amounts of
19income and resources allowed under Section 1924 of the Social
20Security Act. Subject to the approval of such amendments, the
21Department shall extend the provisions of Section 5-4 of the
22Illinois Public Aid Code to persons who, but for the provision
23of home or community-based services, would require the level of
24care provided in an institution, as is provided for in federal
25law. Those persons no longer found to be eligible for receiving
26noninstitutional services due to changes in the eligibility



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1criteria shall be given 45 days notice prior to actual
2termination. Those persons receiving notice of termination may
3contact the Department and request the determination be
4appealed at any time during the 45 day notice period. The
5target population identified for the purposes of this Section
6are persons age 60 and older with an identified service need.
7Priority shall be given to those who are at imminent risk of
8institutionalization. The services shall be provided to
9eligible persons age 60 and older to the extent that the cost
10of the services together with the other personal maintenance
11expenses of the persons are reasonably related to the standards
12established for care in a group facility appropriate to the
13person's condition. These non-institutional services, pilot
14projects or experimental facilities may be provided as part of
15or in addition to those authorized by federal law or those
16funded and administered by the Department of Human Services.
17The Departments of Human Services, Healthcare and Family
18Services, Public Health, Veterans' Affairs, and Commerce and
19Economic Opportunity and other appropriate agencies of State,
20federal and local governments shall cooperate with the
21Department on Aging in the establishment and development of the
22non-institutional services. The Department shall require an
23annual audit from all personal assistant and home care aide
24vendors contracting with the Department under this Section. The
25annual audit shall assure that each audited vendor's procedures
26are in compliance with Department's financial reporting



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1guidelines requiring an administrative and employee wage and
2benefits cost split as defined in administrative rules. The
3audit is a public record under the Freedom of Information Act.
4The Department shall execute, relative to the nursing home
5prescreening project, written inter-agency agreements with the
6Department of Human Services and the Department of Healthcare
7and Family Services, to effect the following: (1) intake
8procedures and common eligibility criteria for those persons
9who are receiving non-institutional services; and (2) the
10establishment and development of non-institutional services in
11areas of the State where they are not currently available or
12are undeveloped. On and after July 1, 1996, all nursing home
13prescreenings for individuals 60 years of age or older shall be
14conducted by the Department.
15    As part of the Department on Aging's routine training of
16case managers and case manager supervisors, the Department may
17include information on family futures planning for persons who
18are age 60 or older and who are caregivers of their adult
19children with developmental disabilities. The content of the
20training shall be at the Department's discretion.
21    The Department is authorized to establish a system of
22recipient copayment for services provided under this Section,
23such copayment to be based upon the recipient's ability to pay
24but in no case to exceed the actual cost of the services
25provided. Additionally, any portion of a person's income which
26is equal to or less than the federal poverty standard shall not



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1be considered by the Department in determining the copayment.
2The level of such copayment shall be adjusted whenever
3necessary to reflect any change in the officially designated
4federal poverty standard.
5    The Department, or the Department's authorized
6representative, may recover the amount of moneys expended for
7services provided to or in behalf of a person under this
8Section by a claim against the person's estate or against the
9estate of the person's surviving spouse, but no recovery may be
10had until after the death of the surviving spouse, if any, and
11then only at such time when there is no surviving child who is
12under age 21 or blind or who has a permanent and total
13disability. This paragraph, however, shall not bar recovery, at
14the death of the person, of moneys for services provided to the
15person or in behalf of the person under this Section to which
16the person was not entitled; provided that such recovery shall
17not be enforced against any real estate while it is occupied as
18a homestead by the surviving spouse or other dependent, if no
19claims by other creditors have been filed against the estate,
20or, if such claims have been filed, they remain dormant for
21failure of prosecution or failure of the claimant to compel
22administration of the estate for the purpose of payment. This
23paragraph shall not bar recovery from the estate of a spouse,
24under Sections 1915 and 1924 of the Social Security Act and
25Section 5-4 of the Illinois Public Aid Code, who precedes a
26person receiving services under this Section in death. All



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1moneys for services paid to or in behalf of the person under
2this Section shall be claimed for recovery from the deceased
3spouse's estate. "Homestead", as used in this paragraph, means
4the dwelling house and contiguous real estate occupied by a
5surviving spouse or relative, as defined by the rules and
6regulations of the Department of Healthcare and Family
7Services, regardless of the value of the property.
8    The Department shall increase the effectiveness of the
9existing Community Care Program by:
10        (1) ensuring that in-home services included in the care
11    plan are available on evenings and weekends;
12        (2) ensuring that care plans contain the services that
13    eligible participants need based on the number of days in a
14    month, not limited to specific blocks of time, as
15    identified by the comprehensive assessment tool selected
16    by the Department for use statewide, not to exceed the
17    total monthly service cost maximum allowed for each
18    service; the Department shall develop administrative rules
19    to implement this item (2);
20        (3) ensuring that the participants have the right to
21    choose the services contained in their care plan and to
22    direct how those services are provided, based on
23    administrative rules established by the Department;
24        (4) ensuring that the determination of need tool is
25    accurate in determining the participants' level of need; to
26    achieve this, the Department, in conjunction with the Older



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1    Adult Services Advisory Committee, shall institute a study
2    of the relationship between the Determination of Need
3    scores, level of need, service cost maximums, and the
4    development and utilization of service plans no later than
5    May 1, 2008; findings and recommendations shall be
6    presented to the Governor and the General Assembly no later
7    than January 1, 2009; recommendations shall include all
8    needed changes to the service cost maximums schedule and
9    additional covered services;
10        (5) ensuring that homemakers can provide personal care
11    services that may or may not involve contact with clients,
12    including but not limited to:
13            (A) bathing;
14            (B) grooming;
15            (C) toileting;
16            (D) nail care;
17            (E) transferring;
18            (F) respiratory services;
19            (G) exercise; or
20            (H) positioning;
21        (6) ensuring that homemaker program vendors are not
22    restricted from hiring homemakers who are family members of
23    clients or recommended by clients; the Department may not,
24    by rule or policy, require homemakers who are family
25    members of clients or recommended by clients to accept
26    assignments in homes other than the client;



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1        (7) ensuring that the State may access maximum federal
2    matching funds by seeking approval for the Centers for
3    Medicare and Medicaid Services for modifications to the
4    State's home and community based services waiver and
5    additional waiver opportunities, including applying for
6    enrollment in the Balance Incentive Payment Program by May
7    1, 2013, in order to maximize federal matching funds; this
8    shall include, but not be limited to, modification that
9    reflects all changes in the Community Care Program services
10    and all increases in the services cost maximum;
11        (8) ensuring that the determination of need tool
12    accurately reflects the service needs of individuals with
13    Alzheimer's disease and related dementia disorders;
14        (9) ensuring that services are authorized accurately
15    and consistently for the Community Care Program (CCP); the
16    Department shall implement a Service Authorization policy
17    directive; the purpose shall be to ensure that eligibility
18    and services are authorized accurately and consistently in
19    the CCP program; the policy directive shall clarify service
20    authorization guidelines to Care Coordination Units and
21    Community Care Program providers no later than May 1, 2013;
22        (10) working in conjunction with Care Coordination
23    Units, the Department of Healthcare and Family Services,
24    the Department of Human Services, Community Care Program
25    providers, and other stakeholders to make improvements to
26    the Medicaid claiming processes and the Medicaid



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1    enrollment procedures or requirements as needed,
2    including, but not limited to, specific policy changes or
3    rules to improve the up-front enrollment of participants in
4    the Medicaid program and specific policy changes or rules
5    to insure more prompt submission of bills to the federal
6    government to secure maximum federal matching dollars as
7    promptly as possible; the Department on Aging shall have at
8    least 3 meetings with stakeholders by January 1, 2014 in
9    order to address these improvements;
10        (11) requiring home care service providers to comply
11    with the rounding of hours worked provisions under the
12    federal Fair Labor Standards Act (FLSA) and as set forth in
13    29 CFR 785.48(b) by May 1, 2013;
14        (12) implementing any necessary policy changes or
15    promulgating any rules, no later than January 1, 2014, to
16    assist the Department of Healthcare and Family Services in
17    moving as many participants as possible, consistent with
18    federal regulations, into coordinated care plans if a care
19    coordination plan that covers long term care is available
20    in the recipient's area; and
21        (13) maintaining fiscal year 2014 rates at the same
22    level established on January 1, 2013.
23    By January 1, 2009 or as soon after the end of the Cash and
24Counseling Demonstration Project as is practicable, the
25Department may, based on its evaluation of the demonstration
26project, promulgate rules concerning personal assistant



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1services, to include, but need not be limited to,
2qualifications, employment screening, rights under fair labor
3standards, training, fiduciary agent, and supervision
4requirements. All applicants shall be subject to the provisions
5of the Health Care Worker Background Check Act.
6    The Department shall develop procedures to enhance
7availability of services on evenings, weekends, and on an
8emergency basis to meet the respite needs of caregivers.
9Procedures shall be developed to permit the utilization of
10services in successive blocks of 24 hours up to the monthly
11maximum established by the Department. Workers providing these
12services shall be appropriately trained.
13    Beginning on the effective date of this amendatory Act of
141991, no person may perform chore/housekeeping and home care
15aide services under a program authorized by this Section unless
16that person has been issued a certificate of pre-service to do
17so by his or her employing agency. Information gathered to
18effect such certification shall include (i) the person's name,
19(ii) the date the person was hired by his or her current
20employer, and (iii) the training, including dates and levels.
21Persons engaged in the program authorized by this Section
22before the effective date of this amendatory Act of 1991 shall
23be issued a certificate of all pre- and in-service training
24from his or her employer upon submitting the necessary
25information. The employing agency shall be required to retain
26records of all staff pre- and in-service training, and shall



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1provide such records to the Department upon request and upon
2termination of the employer's contract with the Department. In
3addition, the employing agency is responsible for the issuance
4of certifications of in-service training completed to their
6    The Department is required to develop a system to ensure
7that persons working as home care aides and personal assistants
8receive increases in their wages when the federal minimum wage
9is increased by requiring vendors to certify that they are
10meeting the federal minimum wage statute for home care aides
11and personal assistants. An employer that cannot ensure that
12the minimum wage increase is being given to home care aides and
13personal assistants shall be denied any increase in
14reimbursement costs.
15    The Community Care Program Advisory Committee is created in
16the Department on Aging. The Director shall appoint individuals
17to serve in the Committee, who shall serve at their own
18expense. Members of the Committee must abide by all applicable
19ethics laws. The Committee shall advise the Department on
20issues related to the Department's program of services to
21prevent unnecessary institutionalization. The Committee shall
22meet on a bi-monthly basis and shall serve to identify and
23advise the Department on present and potential issues affecting
24the service delivery network, the program's clients, and the
25Department and to recommend solution strategies. Persons
26appointed to the Committee shall be appointed on, but not



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1limited to, their own and their agency's experience with the
2program, geographic representation, and willingness to serve.
3The Director shall appoint members to the Committee to
4represent provider, advocacy, policy research, and other
5constituencies committed to the delivery of high quality home
6and community-based services to older adults. Representatives
7shall be appointed to ensure representation from community care
8providers including, but not limited to, adult day service
9providers, homemaker providers, case coordination and case
10management units, emergency home response providers, statewide
11trade or labor unions that represent home care aides and direct
12care staff, area agencies on aging, adults over age 60,
13membership organizations representing older adults, and other
14organizational entities, providers of care, or individuals
15with demonstrated interest and expertise in the field of home
16and community care as determined by the Director.
17    Nominations may be presented from any agency or State
18association with interest in the program. The Director, or his
19or her designee, shall serve as the permanent co-chair of the
20advisory committee. One other co-chair shall be nominated and
21approved by the members of the committee on an annual basis.
22Committee members' terms of appointment shall be for 4 years
23with one-quarter of the appointees' terms expiring each year. A
24member shall continue to serve until his or her replacement is
25named. The Department shall fill vacancies that have a
26remaining term of over one year, and this replacement shall



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1occur through the annual replacement of expiring terms. The
2Director shall designate Department staff to provide technical
3assistance and staff support to the committee. Department
4representation shall not constitute membership of the
5committee. All Committee papers, issues, recommendations,
6reports, and meeting memoranda are advisory only. The Director,
7or his or her designee, shall make a written report, as
8requested by the Committee, regarding issues before the
10    The Department on Aging and the Department of Human
11Services shall cooperate in the development and submission of
12an annual report on programs and services provided under this
13Section. Such joint report shall be filed with the Governor and
14the General Assembly on or before September 30 each year.
15    The requirement for reporting to the General Assembly shall
16be satisfied by filing copies of the report with the Speaker,
17the Minority Leader and the Clerk of the House of
18Representatives and the President, the Minority Leader and the
19Secretary of the Senate and the Legislative Research Unit, as
20required by Section 3.1 of the General Assembly Organization
21Act and filing such additional copies with the State Government
22Report Distribution Center for the General Assembly as is
23required under paragraph (t) of Section 7 of the State Library
25    Those persons previously found eligible for receiving
26non-institutional services whose services were discontinued



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1under the Emergency Budget Act of Fiscal Year 1992, and who do
2not meet the eligibility standards in effect on or after July
31, 1992, shall remain ineligible on and after July 1, 1992.
4Those persons previously not required to cost-share and who
5were required to cost-share effective March 1, 1992, shall
6continue to meet cost-share requirements on and after July 1,
71992. Beginning July 1, 1992, all clients will be required to
8meet eligibility, cost-share, and other requirements and will
9have services discontinued or altered when they fail to meet
10these requirements.
11    For the purposes of this Section, "flexible senior
12services" refers to services that require one-time or periodic
13expenditures including, but not limited to, respite care, home
14modification, assistive technology, housing assistance, and
16    The Department shall implement an electronic service
17verification based on global positioning systems or other
18cost-effective technology for the Community Care Program no
19later than January 1, 2014.
20    The Department shall require, as a condition of
21eligibility, enrollment in the medical assistance program
22under Article V of the Illinois Public Aid Code (i) beginning
23August 1, 2013, if the Auditor General has reported that the
24Department has failed to comply with the reporting requirements
25of Section 2-27 of the Illinois State Auditing Act; or (ii)
26beginning June 1, 2014, if the Auditor General has reported



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1that the Department has not undertaken the required actions
2listed in the report required by subsection (a) of Section 2-27
3of the Illinois State Auditing Act.
4    The Department shall delay Community Care Program services
5until an applicant is determined eligible for medical
6assistance under Article V of the Illinois Public Aid Code (i)
7beginning August 1, 2013, if the Auditor General has reported
8that the Department has failed to comply with the reporting
9requirements of Section 2-27 of the Illinois State Auditing
10Act; or (ii) beginning June 1, 2014, if the Auditor General has
11reported that the Department has not undertaken the required
12actions listed in the report required by subsection (a) of
13Section 2-27 of the Illinois State Auditing Act.
14    The Department shall implement co-payments for the
15Community Care Program at the federally allowable maximum level
16(i) beginning August 1, 2013, if the Auditor General has
17reported that the Department has failed to comply with the
18reporting requirements of Section 2-27 of the Illinois State
19Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
20General has reported that the Department has not undertaken the
21required actions listed in the report required by subsection
22(a) of Section 2-27 of the Illinois State Auditing Act.
23    The Department shall provide a bi-monthly report on the
24progress of the Community Care Program reforms set forth in
25this amendatory Act of the 98th General Assembly to the
26Governor, the Speaker of the House of Representatives, the



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1Minority Leader of the House of Representatives, the President
2of the Senate, and the Minority Leader of the Senate.
3    The Department shall conduct a quarterly review of Care
4Coordination Unit performance and adherence to service
5guidelines. The quarterly review shall be reported to the
6Speaker of the House of Representatives, the Minority Leader of
7the House of Representatives, the President of the Senate, and
8the Minority Leader of the Senate. The Department shall collect
9and report longitudinal data on the performance of each care
10coordination unit. Nothing in this paragraph shall be construed
11to require the Department to identify specific care
12coordination units.
13    In regard to community care providers, failure to comply
14with Department on Aging policies shall be cause for
15disciplinary action, including, but not limited to,
16disqualification from serving Community Care Program clients.
17Each provider, upon submission of any bill or invoice to the
18Department for payment for services rendered, shall include a
19notarized statement, under penalty of perjury pursuant to
20Section 1-109 of the Code of Civil Procedure, that the provider
21has complied with all Department policies.
22    The Director of the Department on Aging shall make
23information available to the State Board of Elections as may be
24required by an agreement the State Board of Elections has
25entered into with a multi-state voter registration list
26maintenance system.



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1    Within 30 days after the effective date of this amendatory
2Act of the 100th General Assembly, rates shall be increased to
3$18.29 per hour, for the purpose of increasing, by at least
4$.72 per hour, the wages paid by those vendors to their
5employees who provide homemaker services. The Department shall
6pay an enhanced rate under the Community Care Program to those
7in-home service provider agencies that offer health insurance
8coverage as a benefit to their direct service worker employees
9consistent with the mandates of Public Act 95-713. For State
10fiscal year 2018, the enhanced rate shall be $1.77 per hour.
11The rate shall be adjusted using actuarial analysis based on
12the cost of care, but shall not be set below $1.77 per hour.
13The Department shall adopt rules, including emergency rules
14under subsection (y) of Section 5-45 of the Illinois
15Administrative Procedure Act, to implement the provisions of
16this paragraph.
17    The General Assembly finds it necessary to authorize an
18aggressive Medicaid enrollment initiative designed to maximize
19federal Medicaid funding for the Community Care Program which
20produces significant savings for the State of Illinois. The
21Department on Aging shall establish and implement a Community
22Care Program Medicaid Initiative. Under the Initiative, the
23Department on Aging shall, at a minimum: (i) provide an
24enhanced rate to adequately compensate care coordination units
25to enroll eligible Community Care Program clients into
26Medicaid; (ii) use recommendations from a stakeholder



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1committee on how best to implement the Initiative; and (iii)
2establish requirements for State agencies to make enrollment in
3the State's Medical Assistance program easier for seniors.
4    The Community Care Program Medicaid Enrollment Oversight
5Subcommittee is created as a subcommittee of the Older Adult
6Services Advisory Committee established in Section 35 of the
7Older Adult Services Act to make recommendations on how best to
8increase the number of medical assistance recipients who are
9enrolled in the Community Care Program. The Subcommittee shall
10consist of all of the following persons who must be appointed
11within 30 days after the effective date of this amendatory Act
12of the 100th General Assembly:
13        (1) The Director of Aging, or his or her designee, who
14    shall serve as the chairperson of the Subcommittee.
15        (2) One representative of the Department of Healthcare
16    and Family Services, appointed by the Director of
17    Healthcare and Family Services.
18        (3) One representative of the Department of Human
19    Services, appointed by the Secretary of Human Services.
20        (4) One individual representing a care coordination
21    unit, appointed by the Director of Aging.
22        (5) One individual from a non-governmental statewide
23    organization that advocates for seniors, appointed by the
24    Director of Aging.
25        (6) One individual representing Area Agencies on
26    Aging, appointed by the Director of Aging.



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1        (7) One individual from a statewide association
2    dedicated to Alzheimer's care, support, and research,
3    appointed by the Director of Aging.
4        (8) One individual from an organization that employs
5    persons who provide services under the Community Care
6    Program, appointed by the Director of Aging.
7        (9) One member of a trade or labor union representing
8    persons who provide services under the Community Care
9    Program, appointed by the Director of Aging.
10        (10) One member of the Senate, who shall serve as
11    co-chairperson, appointed by the President of the Senate.
12        (11) One member of the Senate, who shall serve as
13    co-chairperson, appointed by the Minority Leader of the
14    Senate.
15        (12) One member of the House of Representatives, who
16    shall serve as co-chairperson, appointed by the Speaker of
17    the House of Representatives.
18        (13) One member of the House of Representatives, who
19    shall serve as co-chairperson, appointed by the Minority
20    Leader of the House of Representatives.
21        (14) One individual appointed by a labor organization
22    representing front line employees at the Department of
23    Human Services.
24    The Subcommittee shall provide oversight to the Community
25Care Program Medicaid Initiative and shall meet quarterly. At
26each Subcommittee meeting the Department on Aging shall provide



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1the following data sets to the Subcommittee: (A) the number of
2Illinois residents, categorized by planning and service area,
3who are receiving services under the Community Care Program and
4are enrolled in the State's Medical Assistance Program; (B) the
5number of Illinois residents, categorized by planning and
6service area, who are receiving services under the Community
7Care Program, but are not enrolled in the State's Medical
8Assistance Program; and (C) the number of Illinois residents,
9categorized by planning and service area, who are receiving
10services under the Community Care Program and are eligible for
11benefits under the State's Medical Assistance Program, but are
12not enrolled in the State's Medical Assistance Program. In
13addition to this data, the Department on Aging shall provide
14the Subcommittee with plans on how the Department on Aging will
15reduce the number of Illinois residents who are not enrolled in
16the State's Medical Assistance Program but who are eligible for
17medical assistance benefits. The Department on Aging shall
18enroll in the State's Medical Assistance Program those Illinois
19residents who receive services under the Community Care Program
20and are eligible for medical assistance benefits but are not
21enrolled in the State's Medicaid Assistance Program. The data
22provided to the Subcommittee shall be made available to the
23public via the Department on Aging's website.
24    The Department on Aging, with the involvement of the
25Subcommittee, shall collaborate with the Department of Human
26Services and the Department of Healthcare and Family Services



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1on how best to achieve the responsibilities of the Community
2Care Program Medicaid Initiative.
3    The Department on Aging, the Department of Human Services,
4and the Department of Healthcare and Family Services shall
5coordinate and implement a streamlined process for seniors to
6access benefits under the State's Medical Assistance Program.
7    The Subcommittee shall collaborate with the Department of
8Human Services on the adoption of a uniform application
9submission process. The Department of Human Services and any
10other State agency involved with processing the medical
11assistance application of any person enrolled in the Community
12Care Program shall include the appropriate care coordination
13unit in all communications related to the determination or
14status of the application.
15    The Community Care Program Medicaid Initiative shall
16provide targeted funding to care coordination units to help
17seniors complete their applications for medical assistance
18benefits. Care coordination units shall receive payment for
19each completed application for those months in which the total
20statewide number of medical assistance applications all care
21coordination units helped seniors complete is at or above the
22total statewide number of medical assistance applications
23completed during the same month during calendar year 2017. The
24rate of payment shall be no less than $240 per completed
26    The Community Care Program Medicaid Initiative shall cease



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1operation 5 years after the effective date of this amendatory
2Act of the 100th General Assembly, after which the Subcommittee
3shall dissolve.
4(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17.)
5    Section 10. The Older Adult Services Act is amended by
6changing Section 35 as follows:
7    (320 ILCS 42/35)
8    Sec. 35. Older Adult Services Advisory Committee.
9    (a) The Older Adult Services Advisory Committee is created
10to advise the directors of Aging, Healthcare and Family
11Services, and Public Health on all matters related to this Act
12and the delivery of services to older adults in general.
13    (b) The Advisory Committee shall be comprised of the
15        (1) The Director of Aging or his or her designee, who
16    shall serve as chair and shall be an ex officio and
17    nonvoting member.
18        (2) The Director of Healthcare and Family Services and
19    the Director of Public Health or their designees, who shall
20    serve as vice-chairs and shall be ex officio and nonvoting
21    members.
22        (3) One representative each of the Governor's Office,
23    the Department of Healthcare and Family Services, the
24    Department of Public Health, the Department of Veterans'



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1    Affairs, the Department of Human Services, the Department
2    of Insurance, the Department of Commerce and Economic
3    Opportunity, the Department on Aging, the Department on
4    Aging's State Long Term Care Ombudsman, the Illinois
5    Housing Finance Authority, and the Illinois Housing
6    Development Authority, each of whom shall be selected by
7    his or her respective director and shall be an ex officio
8    and nonvoting member.
9        (4) Thirty members appointed by the Director of Aging
10    in collaboration with the directors of Public Health and
11    Healthcare and Family Services, and selected from the
12    recommendations of statewide associations and
13    organizations, as follows:
14            (A) One member representing the Area Agencies on
15        Aging;
16            (B) Four members representing nursing homes or
17        licensed assisted living establishments;
18            (C) One member representing home health agencies;
19            (D) One member representing case management
20        services;
21            (E) One member representing statewide senior
22        center associations;
23            (F) One member representing Community Care Program
24        homemaker services;
25            (G) One member representing Community Care Program
26        adult day services;



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1            (H) One member representing nutrition project
2        directors;
3            (I) One member representing hospice programs;
4            (J) One member representing individuals with
5        Alzheimer's disease and related dementias;
6            (K) Two members representing statewide trade or
7        labor unions;
8            (L) One advanced practice registered nurse with
9        experience in gerontological nursing;
10            (M) One physician specializing in gerontology;
11            (N) One member representing regional long-term
12        care ombudsmen;
13            (O) One member representing municipal, township,
14        or county officials;
15            (P) (Blank);
16            (Q) (Blank);
17            (R) One member representing the parish nurse
18        movement;
19            (S) One member representing pharmacists;
20            (T) Two members representing statewide
21        organizations engaging in advocacy or legal
22        representation on behalf of the senior population;
23            (U) Two family caregivers;
24            (V) Two citizen members over the age of 60;
25            (W) One citizen with knowledge in the area of
26        gerontology research or health care law;



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1            (X) One representative of health care facilities
2        licensed under the Hospital Licensing Act; and
3            (Y) One representative of primary care service
4        providers.
5    The Director of Aging, in collaboration with the Directors
6of Public Health and Healthcare and Family Services, may
7appoint additional citizen members to the Older Adult Services
8Advisory Committee. Each such additional member must be either
9an individual age 60 or older or an uncompensated caregiver for
10a family member or friend who is age 60 or older.
11    (c) Voting members of the Advisory Committee shall serve
12for a term of 3 years or until a replacement is named. All
13members shall be appointed no later than January 1, 2005. Of
14the initial appointees, as determined by lot, 10 members shall
15serve a term of one year; 10 shall serve for a term of 2 years;
16and 12 shall serve for a term of 3 years. Any member appointed
17to fill a vacancy occurring prior to the expiration of the term
18for which his or her predecessor was appointed shall be
19appointed for the remainder of that term. The Advisory
20Committee shall meet at least quarterly and may meet more
21frequently at the call of the Chair. A simple majority of those
22appointed shall constitute a quorum. The affirmative vote of a
23majority of those present and voting shall be necessary for
24Advisory Committee action. Members of the Advisory Committee
25shall receive no compensation for their services.
26    (d) The Advisory Committee shall have an Executive



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1Committee comprised of the Chair, the Vice Chairs, and up to 15
2members of the Advisory Committee appointed by the Chair who
3have demonstrated expertise in developing, implementing, or
4coordinating the system restructuring initiatives defined in
5Section 25. The Executive Committee shall have responsibility
6to oversee and structure the operations of the Advisory
7Committee and to create and appoint necessary subcommittees and
8subcommittee members. The Advisory Committee's Community Care
9Program Medicaid Enrollment Oversight Subcommittee shall have
10the membership and powers and duties set forth in Section 4.02
11of the Illinois Act on the Aging.
12    (e) The Advisory Committee shall study and make
13recommendations related to the implementation of this Act,
14including but not limited to system restructuring initiatives
15as defined in Section 25 or otherwise related to this Act.
16(Source: P.A. 100-513, eff. 1-1-18.)".