Full Text of HB5186 102nd General Assembly
HB5186sam003 102ND GENERAL ASSEMBLY | Sen. Napoleon Harris, III Filed: 4/1/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5186
| 2 | | AMENDMENT NO. ______. Amend House Bill 5186, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment | 4 | | No. 2, on page 197, immediately below line 11, by inserting the | 5 | | following:
| 6 | | "ARTICLE 35. COMMUNITY CARE PROGRAM | 7 | | Section 35-5. The Illinois Act on the Aging is amended by | 8 | | changing Section 4.02 as follows:
| 9 | | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
| 10 | | Sec. 4.02. Community Care Program. The Department shall | 11 | | establish a program of services to
prevent unnecessary | 12 | | institutionalization of persons age 60 and older in
need of | 13 | | long term care or who are established as persons who suffer | 14 | | from
Alzheimer's disease or a related disorder under the | 15 | | Alzheimer's Disease
Assistance Act, thereby enabling them
to |
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| 1 | | remain in their own homes or in other living arrangements. | 2 | | Such
preventive services, which may be coordinated with other | 3 | | programs for the
aged and monitored by area agencies on aging | 4 | | in cooperation with the
Department, may include, but are not | 5 | | limited to, any or all of the following:
| 6 | | (a) (blank);
| 7 | | (b) (blank);
| 8 | | (c) home care aide services;
| 9 | | (d) personal assistant services;
| 10 | | (e) adult day services;
| 11 | | (f) home-delivered meals;
| 12 | | (g) education in self-care;
| 13 | | (h) personal care services;
| 14 | | (i) adult day health services;
| 15 | | (j) habilitation services;
| 16 | | (k) respite care;
| 17 | | (k-5) community reintegration services;
| 18 | | (k-6) flexible senior services; | 19 | | (k-7) medication management; | 20 | | (k-8) emergency home response;
| 21 | | (l) other nonmedical social services that may enable | 22 | | the person
to become self-supporting; or
| 23 | | (m) clearinghouse for information provided by senior | 24 | | citizen home owners
who want to rent rooms to or share | 25 | | living space with other senior citizens.
| 26 | | The Department shall establish eligibility standards for |
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| 1 | | such
services. In determining the amount and nature of | 2 | | services
for which a person may qualify, consideration shall | 3 | | not be given to the
value of cash, property or other assets | 4 | | held in the name of the person's
spouse pursuant to a written | 5 | | agreement dividing marital property into equal
but separate | 6 | | shares or pursuant to a transfer of the person's interest in a
| 7 | | home to his spouse, provided that the spouse's share of the | 8 | | marital
property is not made available to the person seeking | 9 | | such services.
| 10 | | Beginning January 1, 2008, the Department shall require as | 11 | | a condition of eligibility that all new financially eligible | 12 | | applicants apply for and enroll in medical assistance under | 13 | | Article V of the Illinois Public Aid Code in accordance with | 14 | | rules promulgated by the Department.
| 15 | | The Department shall, in conjunction with the Department | 16 | | of Public Aid (now Department of Healthcare and Family | 17 | | Services),
seek appropriate amendments under Sections 1915 and | 18 | | 1924 of the Social
Security Act. The purpose of the amendments | 19 | | shall be to extend eligibility
for home and community based | 20 | | services under Sections 1915 and 1924 of the
Social Security | 21 | | Act to persons who transfer to or for the benefit of a
spouse | 22 | | those amounts of income and resources allowed under Section | 23 | | 1924 of
the Social Security Act. Subject to the approval of | 24 | | such amendments, the
Department shall extend the provisions of | 25 | | Section 5-4 of the Illinois
Public Aid Code to persons who, but | 26 | | for the provision of home or
community-based services, would |
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| 1 | | require the level of care provided in an
institution, as is | 2 | | provided for in federal law. Those persons no longer
found to | 3 | | be eligible for receiving noninstitutional services due to | 4 | | changes
in the eligibility criteria shall be given 45 days | 5 | | notice prior to actual
termination. Those persons receiving | 6 | | notice of termination may contact the
Department and request | 7 | | the determination be appealed at any time during the
45 day | 8 | | notice period. The target
population identified for the | 9 | | purposes of this Section are persons age 60
and older with an | 10 | | identified service need. Priority shall be given to those
who | 11 | | are at imminent risk of institutionalization. The services | 12 | | shall be
provided to eligible persons age 60 and older to the | 13 | | extent that the cost
of the services together with the other | 14 | | personal maintenance
expenses of the persons are reasonably | 15 | | related to the standards
established for care in a group | 16 | | facility appropriate to the person's
condition. These | 17 | | non-institutional services, pilot projects or
experimental | 18 | | facilities may be provided as part of or in addition to
those | 19 | | authorized by federal law or those funded and administered by | 20 | | the
Department of Human Services. The Departments of Human | 21 | | Services, Healthcare and Family Services,
Public Health, | 22 | | Veterans' Affairs, and Commerce and Economic Opportunity and
| 23 | | other appropriate agencies of State, federal and local | 24 | | governments shall
cooperate with the Department on Aging in | 25 | | the establishment and development
of the non-institutional | 26 | | services. The Department shall require an annual
audit from |
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| 1 | | all personal assistant
and home care aide vendors contracting | 2 | | with
the Department under this Section. The annual audit shall | 3 | | assure that each
audited vendor's procedures are in compliance | 4 | | with Department's financial
reporting guidelines requiring an | 5 | | administrative and employee wage and benefits cost split as | 6 | | defined in administrative rules. The audit is a public record | 7 | | under
the Freedom of Information Act. The Department shall | 8 | | execute, relative to
the nursing home prescreening project, | 9 | | written inter-agency
agreements with the Department of Human | 10 | | Services and the Department
of Healthcare and Family Services, | 11 | | to effect the following: (1) intake procedures and common
| 12 | | eligibility criteria for those persons who are receiving | 13 | | non-institutional
services; and (2) the establishment and | 14 | | development of non-institutional
services in areas of the | 15 | | State where they are not currently available or are
| 16 | | undeveloped. On and after July 1, 1996, all nursing home | 17 | | prescreenings for
individuals 60 years of age or older shall | 18 | | be conducted by the Department.
| 19 | | As part of the Department on Aging's routine training of | 20 | | case managers and case manager supervisors, the Department may | 21 | | include information on family futures planning for persons who | 22 | | are age 60 or older and who are caregivers of their adult | 23 | | children with developmental disabilities. The content of the | 24 | | training shall be at the Department's discretion. | 25 | | The Department is authorized to establish a system of | 26 | | recipient copayment
for services provided under this Section, |
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| 1 | | such copayment to be based upon
the recipient's ability to pay | 2 | | but in no case to exceed the actual cost of
the services | 3 | | provided. Additionally, any portion of a person's income which
| 4 | | is equal to or less than the federal poverty standard shall not | 5 | | be
considered by the Department in determining the copayment. | 6 | | The level of
such copayment shall be adjusted whenever | 7 | | necessary to reflect any change
in the officially designated | 8 | | federal poverty standard.
| 9 | | The Department, or the Department's authorized | 10 | | representative, may
recover the amount of moneys expended for | 11 | | services provided to or in
behalf of a person under this | 12 | | Section by a claim against the person's
estate or against the | 13 | | estate of the person's surviving spouse, but no
recovery may | 14 | | be had until after the death of the surviving spouse, if
any, | 15 | | and then only at such time when there is no surviving child who
| 16 | | is under age 21 or blind or who has a permanent and total | 17 | | disability. This
paragraph, however, shall not bar recovery, | 18 | | at the death of the person, of
moneys for services provided to | 19 | | the person or in behalf of the person under
this Section to | 20 | | which the person was not entitled;
provided that such recovery | 21 | | shall not be enforced against any real estate while
it is | 22 | | occupied as a homestead by the surviving spouse or other | 23 | | dependent, if no
claims by other creditors have been filed | 24 | | against the estate, or, if such
claims have been filed, they | 25 | | remain dormant for failure of prosecution or
failure of the | 26 | | claimant to compel administration of the estate for the |
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| 1 | | purpose
of payment. This paragraph shall not bar recovery from | 2 | | the estate of a spouse,
under Sections 1915 and 1924 of the | 3 | | Social Security Act and Section 5-4 of the
Illinois Public Aid | 4 | | Code, who precedes a person receiving services under this
| 5 | | Section in death. All moneys for services
paid to or in behalf | 6 | | of the person under this Section shall be claimed for
recovery | 7 | | from the deceased spouse's estate. "Homestead", as used
in | 8 | | this paragraph, means the dwelling house and
contiguous real | 9 | | estate occupied by a surviving spouse
or relative, as defined | 10 | | by the rules and regulations of the Department of Healthcare | 11 | | and Family Services, regardless of the value of the property.
| 12 | | The Department shall increase the effectiveness of the | 13 | | existing Community Care Program by: | 14 | | (1) ensuring that in-home services included in the | 15 | | care plan are available on evenings and weekends; | 16 | | (2) ensuring that care plans contain the services that | 17 | | eligible participants
need based on the number of days in | 18 | | a month, not limited to specific blocks of time, as | 19 | | identified by the comprehensive assessment tool selected | 20 | | by the Department for use statewide, not to exceed the | 21 | | total monthly service cost maximum allowed for each | 22 | | service; the Department shall develop administrative rules | 23 | | to implement this item (2); | 24 | | (3) ensuring that the participants have the right to | 25 | | choose the services contained in their care plan and to | 26 | | direct how those services are provided, based on |
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| 1 | | administrative rules established by the Department; | 2 | | (4) ensuring that the determination of need tool is | 3 | | accurate in determining the participants' level of need; | 4 | | to achieve this, the Department, in conjunction with the | 5 | | Older Adult Services Advisory Committee, shall institute a | 6 | | study of the relationship between the Determination of | 7 | | Need scores, level of need, service cost maximums, and the | 8 | | development and utilization of service plans no later than | 9 | | May 1, 2008; findings and recommendations shall be | 10 | | presented to the Governor and the General Assembly no | 11 | | later than January 1, 2009; recommendations shall include | 12 | | all needed changes to the service cost maximums schedule | 13 | | and additional covered services; | 14 | | (5) ensuring that homemakers can provide personal care | 15 | | services that may or may not involve contact with clients, | 16 | | including but not limited to: | 17 | | (A) bathing; | 18 | | (B) grooming; | 19 | | (C) toileting; | 20 | | (D) nail care; | 21 | | (E) transferring; | 22 | | (F) respiratory services; | 23 | | (G) exercise; or | 24 | | (H) positioning; | 25 | | (6) ensuring that homemaker program vendors are not | 26 | | restricted from hiring homemakers who are family members |
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| 1 | | of clients or recommended by clients; the Department may | 2 | | not, by rule or policy, require homemakers who are family | 3 | | members of clients or recommended by clients to accept | 4 | | assignments in homes other than the client; | 5 | | (7) ensuring that the State may access maximum federal | 6 | | matching funds by seeking approval for the Centers for | 7 | | Medicare and Medicaid Services for modifications to the | 8 | | State's home and community based services waiver and | 9 | | additional waiver opportunities, including applying for | 10 | | enrollment in the Balance Incentive Payment Program by May | 11 | | 1, 2013, in order to maximize federal matching funds; this | 12 | | shall include, but not be limited to, modification that | 13 | | reflects all changes in the Community Care Program | 14 | | services and all increases in the services cost maximum; | 15 | | (8) ensuring that the determination of need tool | 16 | | accurately reflects the service needs of individuals with | 17 | | Alzheimer's disease and related dementia disorders; | 18 | | (9) ensuring that services are authorized accurately | 19 | | and consistently for the Community Care Program (CCP); the | 20 | | Department shall implement a Service Authorization policy | 21 | | directive; the purpose shall be to ensure that eligibility | 22 | | and services are authorized accurately and consistently in | 23 | | the CCP program; the policy directive shall clarify | 24 | | service authorization guidelines to Care Coordination | 25 | | Units and Community Care Program providers no later than | 26 | | May 1, 2013; |
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| 1 | | (10) working in conjunction with Care Coordination | 2 | | Units, the Department of Healthcare and Family Services, | 3 | | the Department of Human Services, Community Care Program | 4 | | providers, and other stakeholders to make improvements to | 5 | | the Medicaid claiming processes and the Medicaid | 6 | | enrollment procedures or requirements as needed, | 7 | | including, but not limited to, specific policy changes or | 8 | | rules to improve the up-front enrollment of participants | 9 | | in the Medicaid program and specific policy changes or | 10 | | rules to insure more prompt submission of bills to the | 11 | | federal government to secure maximum federal matching | 12 | | dollars as promptly as possible; the Department on Aging | 13 | | shall have at least 3 meetings with stakeholders by | 14 | | January 1, 2014 in order to address these improvements; | 15 | | (11) requiring home care service providers to comply | 16 | | with the rounding of hours worked provisions under the | 17 | | federal Fair Labor Standards Act (FLSA) and as set forth | 18 | | in 29 CFR 785.48(b) by May 1, 2013; | 19 | | (12) implementing any necessary policy changes or | 20 | | promulgating any rules, no later than January 1, 2014, to | 21 | | assist the Department of Healthcare and Family Services in | 22 | | moving as many participants as possible, consistent with | 23 | | federal regulations, into coordinated care plans if a care | 24 | | coordination plan that covers long term care is available | 25 | | in the recipient's area; and | 26 | | (13) maintaining fiscal year 2014 rates at the same |
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| 1 | | level established on January 1, 2013. | 2 | | By January 1, 2009 or as soon after the end of the Cash and | 3 | | Counseling Demonstration Project as is practicable, the | 4 | | Department may, based on its evaluation of the demonstration | 5 | | project, promulgate rules concerning personal assistant | 6 | | services, to include, but need not be limited to, | 7 | | qualifications, employment screening, rights under fair labor | 8 | | standards, training, fiduciary agent, and supervision | 9 | | requirements. All applicants shall be subject to the | 10 | | provisions of the Health Care Worker Background Check Act.
| 11 | | The Department shall develop procedures to enhance | 12 | | availability of
services on evenings, weekends, and on an | 13 | | emergency basis to meet the
respite needs of caregivers. | 14 | | Procedures shall be developed to permit the
utilization of | 15 | | services in successive blocks of 24 hours up to the monthly
| 16 | | maximum established by the Department. Workers providing these | 17 | | services
shall be appropriately trained.
| 18 | | Beginning on the effective date of this amendatory Act of | 19 | | 1991, no person
may perform chore/housekeeping and home care | 20 | | aide services under a program
authorized by this Section | 21 | | unless that person has been issued a certificate
of | 22 | | pre-service to do so by his or her employing agency. | 23 | | Information
gathered to effect such certification shall | 24 | | include (i) the person's name,
(ii) the date the person was | 25 | | hired by his or her current employer, and
(iii) the training, | 26 | | including dates and levels. Persons engaged in the
program |
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| 1 | | authorized by this Section before the effective date of this
| 2 | | amendatory Act of 1991 shall be issued a certificate of all | 3 | | pre- and
in-service training from his or her employer upon | 4 | | submitting the necessary
information. The employing agency | 5 | | shall be required to retain records of
all staff pre- and | 6 | | in-service training, and shall provide such records to
the | 7 | | Department upon request and upon termination of the employer's | 8 | | contract
with the Department. In addition, the employing | 9 | | agency is responsible for
the issuance of certifications of | 10 | | in-service training completed to their
employees.
| 11 | | The Department is required to develop a system to ensure | 12 | | that persons
working as home care aides and personal | 13 | | assistants
receive increases in their
wages when the federal | 14 | | minimum wage is increased by requiring vendors to
certify that | 15 | | they are meeting the federal minimum wage statute for home | 16 | | care aides
and personal assistants. An employer that cannot | 17 | | ensure that the minimum
wage increase is being given to home | 18 | | care aides and personal assistants
shall be denied any | 19 | | increase in reimbursement costs.
| 20 | | The Community Care Program Advisory Committee is created | 21 | | in the Department on Aging. The Director shall appoint | 22 | | individuals to serve in the Committee, who shall serve at | 23 | | their own expense. Members of the Committee must abide by all | 24 | | applicable ethics laws. The Committee shall advise the | 25 | | Department on issues related to the Department's program of | 26 | | services to prevent unnecessary institutionalization. The |
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| 1 | | Committee shall meet on a bi-monthly basis and shall serve to | 2 | | identify and advise the Department on present and potential | 3 | | issues affecting the service delivery network, the program's | 4 | | clients, and the Department and to recommend solution | 5 | | strategies. Persons appointed to the Committee shall be | 6 | | appointed on, but not limited to, their own and their agency's | 7 | | experience with the program, geographic representation, and | 8 | | willingness to serve. The Director shall appoint members to | 9 | | the Committee to represent provider, advocacy, policy | 10 | | research, and other constituencies committed to the delivery | 11 | | of high quality home and community-based services to older | 12 | | adults. Representatives shall be appointed to ensure | 13 | | representation from community care providers including, but | 14 | | not limited to, adult day service providers, homemaker | 15 | | providers, case coordination and case management units, | 16 | | emergency home response providers, statewide trade or labor | 17 | | unions that represent home care
aides and direct care staff, | 18 | | area agencies on aging, adults over age 60, membership | 19 | | organizations representing older adults, and other | 20 | | organizational entities, providers of care, or individuals | 21 | | with demonstrated interest and expertise in the field of home | 22 | | and community care as determined by the Director. | 23 | | Nominations may be presented from any agency or State | 24 | | association with interest in the program. The Director, or his | 25 | | or her designee, shall serve as the permanent co-chair of the | 26 | | advisory committee. One other co-chair shall be nominated and |
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| 1 | | approved by the members of the committee on an annual basis. | 2 | | Committee members' terms of appointment shall be for 4 years | 3 | | with one-quarter of the appointees' terms expiring each year. | 4 | | A member shall continue to serve until his or her replacement | 5 | | is named. The Department shall fill vacancies that have a | 6 | | remaining term of over one year, and this replacement shall | 7 | | occur through the annual replacement of expiring terms. The | 8 | | Director shall designate Department staff to provide technical | 9 | | assistance and staff support to the committee. Department | 10 | | representation shall not constitute membership of the | 11 | | committee. All Committee papers, issues, recommendations, | 12 | | reports, and meeting memoranda are advisory only. The | 13 | | Director, or his or her designee, shall make a written report, | 14 | | as requested by the Committee, regarding issues before the | 15 | | Committee.
| 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 | 20 | | and the General Assembly on or before
September 30 each year.
| 21 | | The requirement for reporting to the General Assembly | 22 | | shall be satisfied
by filing copies of the report
as required | 23 | | by Section 3.1 of the General Assembly Organization Act and
| 24 | | filing such additional copies with the State Government Report | 25 | | Distribution
Center for the General Assembly as is required | 26 | | under paragraph (t) of
Section 7 of the State Library Act.
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| 1 | | Those persons previously found eligible for receiving | 2 | | non-institutional
services whose services were discontinued | 3 | | under the Emergency Budget Act of
Fiscal Year 1992, and who do | 4 | | not meet the eligibility standards in effect
on or after July | 5 | | 1, 1992, shall remain ineligible on and after July 1,
1992. | 6 | | Those persons previously not required to cost-share and who | 7 | | were
required to cost-share effective March 1, 1992, shall | 8 | | continue to meet
cost-share requirements on and after July 1, | 9 | | 1992. Beginning July 1, 1992,
all clients will be required to | 10 | | meet
eligibility, cost-share, and other requirements and will | 11 | | have services
discontinued or altered when they fail to meet | 12 | | these requirements. | 13 | | For the purposes of this Section, "flexible senior | 14 | | services" refers to services that require one-time or periodic | 15 | | expenditures including, but not limited to, respite care, home | 16 | | modification, assistive technology, housing assistance, and | 17 | | transportation.
| 18 | | The Department shall implement an electronic service | 19 | | verification based on global positioning systems or other | 20 | | cost-effective technology for the Community Care Program no | 21 | | later than January 1, 2014. | 22 | | The Department shall require, as a condition of | 23 | | eligibility, enrollment in the medical assistance program | 24 | | under Article V of the Illinois Public Aid Code (i) beginning | 25 | | August 1, 2013, if the Auditor General has reported that the | 26 | | Department has failed
to comply with the reporting |
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| 1 | | requirements of Section 2-27 of
the Illinois State Auditing | 2 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has | 3 | | reported that the
Department has not undertaken the required | 4 | | actions listed in
the report required by subsection (a) of | 5 | | Section 2-27 of the
Illinois State Auditing Act. | 6 | | The Department shall delay Community Care Program services | 7 | | until an applicant is determined eligible for medical | 8 | | assistance under Article V of the Illinois Public Aid Code (i) | 9 | | beginning August 1, 2013, if the Auditor General has reported | 10 | | that the Department has failed
to comply with the reporting | 11 | | requirements of Section 2-27 of
the Illinois State Auditing | 12 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has | 13 | | reported that the
Department has not undertaken the required | 14 | | actions listed in
the report required by subsection (a) of | 15 | | Section 2-27 of the
Illinois State Auditing Act. | 16 | | The Department shall implement co-payments for the | 17 | | Community Care Program at the federally allowable maximum | 18 | | level (i) beginning August 1, 2013, if the Auditor General has | 19 | | reported that the Department has failed
to comply with the | 20 | | reporting requirements of Section 2-27 of
the Illinois State | 21 | | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | 22 | | General has reported that the
Department has not undertaken | 23 | | the required actions listed in
the report required by | 24 | | subsection (a) of Section 2-27 of the
Illinois State Auditing | 25 | | Act. | 26 | | The Department shall continue to provide other Community |
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| 1 | | Care Program reports as required by statute. | 2 | | The Department shall provide a bi-monthly report on the | 3 | | progress of the Community Care Program reforms set forth in | 4 | | this amendatory Act of the 98th General Assembly to the | 5 | | Governor, the Speaker of the House of Representatives, the | 6 | | Minority Leader of the House of Representatives, the
President | 7 | | of the
Senate, and the Minority Leader of the Senate. | 8 | | The Department shall conduct a quarterly review of Care | 9 | | Coordination Unit performance and adherence to service | 10 | | guidelines. The quarterly review shall be reported to the | 11 | | Speaker of the House of Representatives, the Minority Leader | 12 | | of the House of Representatives, the
President of the
Senate, | 13 | | and the Minority Leader of the Senate. The Department shall | 14 | | collect and report longitudinal data on the performance of | 15 | | each care coordination unit. Nothing in this paragraph shall | 16 | | be construed to require the Department to identify specific | 17 | | care coordination units. | 18 | | In regard to community care providers, failure to comply | 19 | | with Department on Aging policies shall be cause for | 20 | | disciplinary action, including, but not limited to, | 21 | | disqualification from serving Community Care Program clients. | 22 | | Each provider, upon submission of any bill or invoice to the | 23 | | Department for payment for services rendered, shall include a | 24 | | notarized statement, under penalty of perjury pursuant to | 25 | | Section 1-109 of the Code of Civil Procedure, that the | 26 | | provider has complied with all Department policies. |
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| 1 | | The Director of the Department on Aging shall make | 2 | | information available to the State Board of Elections as may | 3 | | be required by an agreement the State Board of Elections has | 4 | | entered into with a multi-state voter registration list | 5 | | maintenance system. | 6 | | Within 30 days after July 6, 2017 (the effective date of | 7 | | Public Act 100-23), rates shall be increased to $18.29 per | 8 | | hour, for the purpose of increasing, by at least $.72 per hour, | 9 | | the wages paid by those vendors to their employees who provide | 10 | | homemaker services. The Department shall pay an enhanced rate | 11 | | under the Community Care Program to those in-home service | 12 | | provider agencies that offer health insurance coverage as a | 13 | | benefit to their direct service worker employees consistent | 14 | | with the mandates of Public Act 95-713. For State fiscal years | 15 | | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The | 16 | | rate shall be adjusted using actuarial analysis based on the | 17 | | cost of care, but shall not be set below $1.77 per hour. The | 18 | | Department shall adopt rules, including emergency rules under | 19 | | subsections (y) and (bb) of Section 5-45 of the Illinois | 20 | | Administrative Procedure Act, to implement the provisions of | 21 | | this paragraph. | 22 | | The General Assembly finds it necessary to authorize an | 23 | | aggressive Medicaid enrollment initiative designed to maximize | 24 | | federal Medicaid funding for the Community Care Program which | 25 | | produces significant savings for the State of Illinois. The | 26 | | Department on Aging shall establish and implement a Community |
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| 1 | | Care Program Medicaid Initiative. Under the Initiative, the
| 2 | | Department on Aging shall, at a minimum: (i) provide an | 3 | | enhanced rate to adequately compensate care coordination units | 4 | | to enroll eligible Community Care Program clients into | 5 | | Medicaid; (ii) use recommendations from a stakeholder | 6 | | committee on how best to implement the Initiative; and (iii) | 7 | | establish requirements for State agencies to make enrollment | 8 | | in the State's Medical Assistance program easier for seniors. | 9 | | The Community Care Program Medicaid Enrollment Oversight | 10 | | Subcommittee is created as a subcommittee of the Older Adult | 11 | | Services Advisory Committee established in Section 35 of the | 12 | | Older Adult Services Act to make recommendations on how best | 13 | | to increase the number of medical assistance recipients who | 14 | | are enrolled in the Community Care Program. The Subcommittee | 15 | | shall consist of all of the following persons who must be | 16 | | appointed within 30 days after the effective date of this | 17 | | amendatory Act of the 100th General Assembly: | 18 | | (1) The Director of Aging, or his or her designee, who | 19 | | shall serve as the chairperson of the Subcommittee. | 20 | | (2) One representative of the Department of Healthcare | 21 | | and Family Services, appointed by the Director of | 22 | | Healthcare and Family Services. | 23 | | (3) One representative of the Department of Human | 24 | | Services, appointed by the Secretary of Human Services. | 25 | | (4) One individual representing a care coordination | 26 | | unit, appointed by the Director of Aging. |
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| 1 | | (5) One individual from a non-governmental statewide | 2 | | organization that advocates for seniors, appointed by the | 3 | | Director of Aging. | 4 | | (6) One individual representing Area Agencies on | 5 | | Aging, appointed by the Director of Aging. | 6 | | (7) One individual from a statewide association | 7 | | dedicated to Alzheimer's care, support, and research, | 8 | | appointed by the Director of Aging. | 9 | | (8) One individual from an organization that employs | 10 | | persons who provide services under the Community Care | 11 | | Program, appointed by the Director of Aging. | 12 | | (9) One member of a trade or labor union representing | 13 | | persons who provide services under the Community Care | 14 | | Program, appointed by the Director of Aging. | 15 | | (10) One member of the Senate, who shall serve as | 16 | | co-chairperson, appointed by the President of the Senate. | 17 | | (11) One member of the Senate, who shall serve as | 18 | | co-chairperson, appointed by the Minority Leader of the | 19 | | Senate. | 20 | | (12) One member of the House of
Representatives, who | 21 | | shall serve as co-chairperson, appointed by the Speaker of | 22 | | the House of Representatives. | 23 | | (13) One member of the House of Representatives, who | 24 | | shall serve as co-chairperson, appointed by the Minority | 25 | | Leader of the House of Representatives. | 26 | | (14) One individual appointed by a labor organization |
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| 1 | | representing frontline employees at the Department of | 2 | | Human Services. | 3 | | The Subcommittee shall provide oversight to the Community | 4 | | Care Program Medicaid Initiative and shall meet quarterly. At | 5 | | each Subcommittee meeting the Department on Aging shall | 6 | | provide the following data sets to the Subcommittee: (A) the | 7 | | number of Illinois residents, categorized by planning and | 8 | | service area, who are receiving services under the Community | 9 | | Care Program and are enrolled in the State's Medical | 10 | | Assistance Program; (B) the number of Illinois residents, | 11 | | categorized by planning and service area, who are receiving | 12 | | services under the Community Care Program, but are not | 13 | | enrolled in the State's Medical Assistance Program; and (C) | 14 | | the number of Illinois residents, categorized by planning and | 15 | | service area, who are receiving services under the Community | 16 | | Care Program and are eligible for benefits under the State's | 17 | | Medical Assistance Program, but are not enrolled in the | 18 | | State's Medical Assistance Program. In addition to this data, | 19 | | the Department on Aging shall provide the Subcommittee with | 20 | | plans on how the Department on Aging will reduce the number of | 21 | | Illinois residents who are not enrolled in the State's Medical | 22 | | Assistance Program but who are eligible for medical assistance | 23 | | benefits. The Department on Aging shall enroll in the State's | 24 | | Medical Assistance Program those Illinois residents who | 25 | | receive services under the Community Care Program and are | 26 | | eligible for medical assistance benefits but are not enrolled |
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| 1 | | in the State's Medicaid Assistance Program. The data provided | 2 | | to the Subcommittee shall be made available to the public via | 3 | | the Department on Aging's website. | 4 | | The Department on Aging, with the involvement of the | 5 | | Subcommittee, shall collaborate with the Department of Human | 6 | | Services and the Department of Healthcare and Family Services | 7 | | on how best to achieve the responsibilities of the Community | 8 | | Care Program Medicaid Initiative. | 9 | | The Department on Aging, the Department of Human Services, | 10 | | and the Department of Healthcare and Family Services shall | 11 | | coordinate and implement a streamlined process for seniors to | 12 | | access benefits under the State's Medical Assistance Program. | 13 | | The Subcommittee shall collaborate with the Department of | 14 | | Human Services on the adoption of a uniform application | 15 | | submission process. The Department of Human Services and any | 16 | | other State agency involved with processing the medical | 17 | | assistance application of any person enrolled in the Community | 18 | | Care Program shall include the appropriate care coordination | 19 | | unit in all communications related to the determination or | 20 | | status of the application. | 21 | | The Community Care Program Medicaid Initiative shall | 22 | | provide targeted funding to care coordination units to help | 23 | | seniors complete their applications for medical assistance | 24 | | benefits. On and after July 1, 2019, care coordination units | 25 | | shall receive no less than $200 per completed application, | 26 | | which rate may be included in a bundled rate for initial intake |
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| 1 | | services when Medicaid application assistance is provided in | 2 | | conjunction with the initial intake process for new program | 3 | | participants. | 4 | | The Community Care Program Medicaid Initiative shall cease | 5 | | operation 5 years after the effective date of this amendatory | 6 | | Act of the 100th General Assembly, after which the | 7 | | Subcommittee shall dissolve. | 8 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | 9 | | 100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)".
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