Full Text of HB3021 103rd General Assembly
HB3021ham001 103RD GENERAL ASSEMBLY | Rep. Lakesia Collins Filed: 3/21/2023
| | 10300HB3021ham001 | | LRB103 27588 KTG 59712 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3021
| 2 | | AMENDMENT NO. ______. Amend House Bill 3021 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Act on the Aging is amended by | 5 | | changing Section 4.02 as follows:
| 6 | | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
| 7 | | Sec. 4.02. Community Care Program. The Department shall | 8 | | establish a program of services to
prevent unnecessary | 9 | | institutionalization of persons age 60 and older in
need of | 10 | | long term care or who are established as persons who suffer | 11 | | from
Alzheimer's disease or a related disorder under the | 12 | | Alzheimer's Disease
Assistance Act, thereby enabling them
to | 13 | | remain in their own homes or in other living arrangements. | 14 | | Such
preventive services, which may be coordinated with other | 15 | | programs for the
aged and monitored by area agencies on aging | 16 | | in cooperation with the
Department, may include, but are not |
| | | 10300HB3021ham001 | - 2 - | LRB103 27588 KTG 59712 a |
|
| 1 | | limited to, any or all of the following:
| 2 | | (a) (blank);
| 3 | | (b) (blank);
| 4 | | (c) home care aide services;
| 5 | | (d) personal assistant services;
| 6 | | (e) adult day services;
| 7 | | (f) home-delivered meals;
| 8 | | (g) education in self-care;
| 9 | | (h) personal care services;
| 10 | | (i) adult day health services;
| 11 | | (j) habilitation services;
| 12 | | (k) respite care;
| 13 | | (k-5) community reintegration services;
| 14 | | (k-6) flexible senior services; | 15 | | (k-7) medication management; | 16 | | (k-8) emergency home response;
| 17 | | (l) other nonmedical social services that may enable | 18 | | the person
to become self-supporting; or
| 19 | | (m) clearinghouse for information provided by senior | 20 | | citizen home owners
who want to rent rooms to or share | 21 | | living space with other senior citizens.
| 22 | | The Department shall establish eligibility standards for | 23 | | such
services. In determining the amount and nature of | 24 | | services
for which a person may qualify, consideration shall | 25 | | not be given to the
value of cash, property or other assets | 26 | | held in the name of the person's
spouse pursuant to a written |
| | | 10300HB3021ham001 | - 3 - | LRB103 27588 KTG 59712 a |
|
| 1 | | agreement dividing marital property into equal
but separate | 2 | | shares or pursuant to a transfer of the person's interest in a
| 3 | | home to his spouse, provided that the spouse's share of the | 4 | | marital
property is not made available to the person seeking | 5 | | such services.
| 6 | | Beginning January 1, 2008, the Department shall require as | 7 | | a condition of eligibility that all new financially eligible | 8 | | applicants apply for and enroll in medical assistance under | 9 | | Article V of the Illinois Public Aid Code in accordance with | 10 | | rules promulgated by the Department.
| 11 | | The Department shall, in conjunction with the Department | 12 | | of Public Aid (now Department of Healthcare and Family | 13 | | Services),
seek appropriate amendments under Sections 1915 and | 14 | | 1924 of the Social
Security Act. The purpose of the amendments | 15 | | shall be to extend eligibility
for home and community based | 16 | | services under Sections 1915 and 1924 of the
Social Security | 17 | | Act to persons who transfer to or for the benefit of a
spouse | 18 | | those amounts of income and resources allowed under Section | 19 | | 1924 of
the Social Security Act. Subject to the approval of | 20 | | such amendments, the
Department shall extend the provisions of | 21 | | Section 5-4 of the Illinois
Public Aid Code to persons who, but | 22 | | for the provision of home or
community-based services, would | 23 | | require the level of care provided in an
institution, as is | 24 | | provided for in federal law. Those persons no longer
found to | 25 | | be eligible for receiving noninstitutional services due to | 26 | | changes
in the eligibility criteria shall be given 45 days |
| | | 10300HB3021ham001 | - 4 - | LRB103 27588 KTG 59712 a |
|
| 1 | | notice prior to actual
termination. Those persons receiving | 2 | | notice of termination may contact the
Department and request | 3 | | the determination be appealed at any time during the
45 day | 4 | | notice period. The target
population identified for the | 5 | | purposes of this Section are persons age 60
and older with an | 6 | | identified service need. Priority shall be given to those
who | 7 | | are at imminent risk of institutionalization. The services | 8 | | shall be
provided to eligible persons age 60 and older to the | 9 | | extent that the cost
of the services together with the other | 10 | | personal maintenance
expenses of the persons are reasonably | 11 | | related to the standards
established for care in a group | 12 | | facility appropriate to the person's
condition. These | 13 | | non-institutional services, pilot projects or
experimental | 14 | | facilities may be provided as part of or in addition to
those | 15 | | authorized by federal law or those funded and administered by | 16 | | the
Department of Human Services. The Departments of Human | 17 | | Services, Healthcare and Family Services,
Public Health, | 18 | | Veterans' Affairs, and Commerce and Economic Opportunity and
| 19 | | other appropriate agencies of State, federal and local | 20 | | governments shall
cooperate with the Department on Aging in | 21 | | the establishment and development
of the non-institutional | 22 | | services. The Department shall require an annual
audit from | 23 | | all personal assistant
and home care aide vendors contracting | 24 | | with
the Department under this Section. The annual audit shall | 25 | | assure that each
audited vendor's procedures are in compliance | 26 | | with Department's financial
reporting guidelines requiring an |
| | | 10300HB3021ham001 | - 5 - | LRB103 27588 KTG 59712 a |
|
| 1 | | administrative and employee wage and benefits cost split as | 2 | | defined in administrative rules. The audit is a public record | 3 | | under
the Freedom of Information Act. The Department shall | 4 | | execute, relative to
the nursing home prescreening project, | 5 | | written inter-agency
agreements with the Department of Human | 6 | | Services and the Department
of Healthcare and Family Services, | 7 | | to effect the following: (1) intake procedures and common
| 8 | | eligibility criteria for those persons who are receiving | 9 | | non-institutional
services; and (2) the establishment and | 10 | | development of non-institutional
services in areas of the | 11 | | State where they are not currently available or are
| 12 | | undeveloped. On and after July 1, 1996, all nursing home | 13 | | prescreenings for
individuals 60 years of age or older shall | 14 | | be conducted by the Department.
| 15 | | As part of the Department on Aging's routine training of | 16 | | case managers and case manager supervisors, the Department may | 17 | | include information on family futures planning for persons who | 18 | | are age 60 or older and who are caregivers of their adult | 19 | | children with developmental disabilities. The content of the | 20 | | training shall be at the Department's discretion. | 21 | | The Department is authorized to establish a system of | 22 | | recipient copayment
for services provided under this Section, | 23 | | such copayment to be based upon
the recipient's ability to pay | 24 | | but in no case to exceed the actual cost of
the services | 25 | | provided. Additionally, any portion of a person's income which
| 26 | | is equal to or less than the federal poverty standard shall not |
| | | 10300HB3021ham001 | - 6 - | LRB103 27588 KTG 59712 a |
|
| 1 | | be
considered by the Department in determining the copayment. | 2 | | The level of
such copayment shall be adjusted whenever | 3 | | necessary to reflect any change
in the officially designated | 4 | | federal poverty standard.
| 5 | | The Department, or the Department's authorized | 6 | | representative, may
recover the amount of moneys expended for | 7 | | services provided to or in
behalf of a person under this | 8 | | Section by a claim against the person's
estate or against the | 9 | | estate of the person's surviving spouse, but no
recovery may | 10 | | be had until after the death of the surviving spouse, if
any, | 11 | | and then only at such time when there is no surviving child who
| 12 | | is under age 21 or blind or who has a permanent and total | 13 | | disability. This
paragraph, however, shall not bar recovery, | 14 | | at the death of the person, of
moneys for services provided to | 15 | | the person or in behalf of the person under
this Section to | 16 | | which the person was not entitled;
provided that such recovery | 17 | | shall not be enforced against any real estate while
it is | 18 | | occupied as a homestead by the surviving spouse or other | 19 | | dependent, if no
claims by other creditors have been filed | 20 | | against the estate, or, if such
claims have been filed, they | 21 | | remain dormant for failure of prosecution or
failure of the | 22 | | claimant to compel administration of the estate for the | 23 | | purpose
of payment. This paragraph shall not bar recovery from | 24 | | the estate of a spouse,
under Sections 1915 and 1924 of the | 25 | | Social Security Act and Section 5-4 of the
Illinois Public Aid | 26 | | Code, who precedes a person receiving services under this
|
| | | 10300HB3021ham001 | - 7 - | LRB103 27588 KTG 59712 a |
|
| 1 | | Section in death. All moneys for services
paid to or in behalf | 2 | | of the person under this Section shall be claimed for
recovery | 3 | | from the deceased spouse's estate. "Homestead", as used
in | 4 | | this paragraph, means the dwelling house and
contiguous real | 5 | | estate occupied by a surviving spouse
or relative, as defined | 6 | | by the rules and regulations of the Department of Healthcare | 7 | | and Family Services, regardless of the value of the property.
| 8 | | The Department shall increase the effectiveness of the | 9 | | existing Community Care Program by: | 10 | | (1) ensuring that in-home services included in the | 11 | | care 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 | 14 | | a 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; | 26 | | to achieve this, the Department, in conjunction with the |
| | | 10300HB3021ham001 | - 8 - | LRB103 27588 KTG 59712 a |
|
| 1 | | Older Adult Services Advisory Committee, shall institute a | 2 | | study of the relationship between the Determination of | 3 | | Need 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 | 7 | | later than January 1, 2009; recommendations shall include | 8 | | all needed changes to the service cost maximums schedule | 9 | | and 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 | 23 | | of clients or recommended by clients; the Department may | 24 | | not, 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; |
| | | 10300HB3021ham001 | - 9 - | LRB103 27588 KTG 59712 a |
|
| 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 | 10 | | services 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 | 20 | | service authorization guidelines to Care Coordination | 21 | | Units and Community Care Program providers no later than | 22 | | May 1, 2013; | 23 | | (10) working in conjunction with Care Coordination | 24 | | Units, the Department of Healthcare and Family Services, | 25 | | the Department of Human Services, Community Care Program | 26 | | providers, and other stakeholders to make improvements to |
| | | 10300HB3021ham001 | - 10 - | LRB103 27588 KTG 59712 a |
|
| 1 | | the Medicaid claiming processes and the Medicaid | 2 | | enrollment procedures or requirements as needed, | 3 | | including, but not limited to, specific policy changes or | 4 | | rules to improve the up-front enrollment of participants | 5 | | in the Medicaid program and specific policy changes or | 6 | | rules to insure more prompt submission of bills to the | 7 | | federal government to secure maximum federal matching | 8 | | dollars as promptly as possible; the Department on Aging | 9 | | shall have at least 3 meetings with stakeholders by | 10 | | January 1, 2014 in order to address these improvements; | 11 | | (11) requiring home care service providers to comply | 12 | | with the rounding of hours worked provisions under the | 13 | | federal Fair Labor Standards Act (FLSA) and as set forth | 14 | | in 29 CFR 785.48(b) by May 1, 2013; | 15 | | (12) implementing any necessary policy changes or | 16 | | promulgating any rules, no later than January 1, 2014, to | 17 | | assist the Department of Healthcare and Family Services in | 18 | | moving as many participants as possible, consistent with | 19 | | federal regulations, into coordinated care plans if a care | 20 | | coordination plan that covers long term care is available | 21 | | in the recipient's area; and | 22 | | (13) maintaining fiscal year 2014 rates at the same | 23 | | level established on January 1, 2013. | 24 | | By January 1, 2009 or as soon after the end of the Cash and | 25 | | Counseling Demonstration Project as is practicable, the | 26 | | Department may, based on its evaluation of the demonstration |
| | | 10300HB3021ham001 | - 11 - | LRB103 27588 KTG 59712 a |
|
| 1 | | project, promulgate rules concerning personal assistant | 2 | | services, to include, but need not be limited to, | 3 | | qualifications, employment screening, rights under fair labor | 4 | | standards, training, fiduciary agent, and supervision | 5 | | requirements. All applicants shall be subject to the | 6 | | provisions of the Health Care Worker Background Check Act.
| 7 | | The Department shall develop procedures to enhance | 8 | | availability of
services on evenings, weekends, and on an | 9 | | emergency basis to meet the
respite needs of caregivers. | 10 | | Procedures shall be developed to permit the
utilization of | 11 | | services in successive blocks of 24 hours up to the monthly
| 12 | | maximum established by the Department. Workers providing these | 13 | | services
shall be appropriately trained.
| 14 | | No Beginning on the effective date of this amendatory Act | 15 | | of 1991, no person
may perform in-home services | 16 | | chore/housekeeping and home care aide services under a program
| 17 | | authorized by this Section unless that person has completed | 18 | | required pre-service training. Thereafter, no person may | 19 | | perform in-home services under a program authorized by this | 20 | | Section unless that person remains current on the annual | 21 | | in-service training. The employing agency is responsible for | 22 | | ensuring the employee is appropriately trained. To promote | 23 | | consistency in training and to meet these requirements of | 24 | | pre-service training and annual in-service training, on and | 25 | | after July 1, 2026, all pre-service and annual in-service | 26 | | training must be approved in advance by the Department. The |
| | | 10300HB3021ham001 | - 12 - | LRB103 27588 KTG 59712 a |
|
| 1 | | Department shall adopt rules, including, but not limited to, | 2 | | rules on the topics to be covered in pre-service and annual | 3 | | in-service training; the number of pre-service and annual | 4 | | in-service training hours required; a process to evaluate and | 5 | | approve training; and pre-service and annual in-service | 6 | | training documentation and recordkeeping requirements. been | 7 | | issued a certificate
of pre-service to do so by his or her | 8 | | employing agency. Information
gathered to effect such | 9 | | certification shall include (i) the person's name,
(ii) the | 10 | | date the person was hired by his or her current employer, and
| 11 | | (iii) the training, including dates and levels. Persons | 12 | | engaged in the
program authorized by this Section before the | 13 | | effective date of this
amendatory Act of 1991 shall be issued a | 14 | | certificate of all pre- and
in-service training from his or | 15 | | her employer upon submitting the necessary
information. The | 16 | | employing agency shall be required to retain records of
all | 17 | | staff pre- and in-service training, and shall provide such | 18 | | records to
the Department upon request and upon termination of | 19 | | the employer's contract
with the Department. In addition, the | 20 | | employing agency is responsible for
the issuance of | 21 | | certifications of in-service training completed to their
| 22 | | employees.
| 23 | | The Department is required to develop a system to ensure | 24 | | that persons
working as home care aides and personal | 25 | | assistants
receive increases in their
wages when the federal | 26 | | minimum wage is increased by requiring vendors to
certify that |
| | | 10300HB3021ham001 | - 13 - | LRB103 27588 KTG 59712 a |
|
| 1 | | they are meeting the federal minimum wage statute for home | 2 | | care aides
and personal assistants. An employer that cannot | 3 | | ensure that the minimum
wage increase is being given to home | 4 | | care aides and personal assistants
shall be denied any | 5 | | increase in reimbursement costs.
| 6 | | The Community Care Program Advisory Committee is created | 7 | | in the Department on Aging. The Director shall appoint | 8 | | individuals to serve in the Committee, who shall serve at | 9 | | their own expense. Members of the Committee must abide by all | 10 | | applicable ethics laws. The Committee shall advise the | 11 | | Department on issues related to the Department's program of | 12 | | services to prevent unnecessary institutionalization. The | 13 | | Committee shall meet on a bi-monthly basis and shall serve to | 14 | | identify and advise the Department on present and potential | 15 | | issues affecting the service delivery network, including | 16 | | strategies to recruit, retain, and train the workforce, the | 17 | | program's clients, and the Department and to recommend | 18 | | solution strategies. Persons appointed to the Committee shall | 19 | | be appointed on, but not limited to, their own and their | 20 | | agency's experience with the program, geographic | 21 | | representation, and willingness to serve. The Director shall | 22 | | appoint members to the Committee to represent provider, | 23 | | advocacy, policy research, and other constituencies committed | 24 | | to the delivery of high quality home and community-based | 25 | | services to older adults. Representatives shall be appointed | 26 | | to ensure representation from community care providers |
| | | 10300HB3021ham001 | - 14 - | LRB103 27588 KTG 59712 a |
|
| 1 | | including, but not limited to, adult day service providers, | 2 | | homemaker providers, case coordination and case management | 3 | | units, emergency home response providers, statewide trade or | 4 | | labor unions that represent home care
aides and direct care | 5 | | staff, area agencies on aging, adults over age 60, membership | 6 | | organizations representing older adults, and other | 7 | | organizational entities, providers of care, or individuals | 8 | | with demonstrated interest and expertise in the field of home | 9 | | and community care as determined by the Director. | 10 | | Nominations may be presented from any agency or State | 11 | | association with interest in the program. The Director, or his | 12 | | or her designee, shall serve as the permanent co-chair of the | 13 | | advisory committee. One other co-chair shall be nominated and | 14 | | approved by the members of the committee on an annual basis. | 15 | | Committee members' terms of appointment shall be for 4 years | 16 | | with one-quarter of the appointees' terms expiring each year. | 17 | | A member shall continue to serve until his or her replacement | 18 | | is named. The Department shall fill vacancies that have a | 19 | | remaining term of over one year, and this replacement shall | 20 | | occur through the annual replacement of expiring terms. The | 21 | | Director shall designate Department staff to provide technical | 22 | | assistance and staff support to the committee. Department | 23 | | representation shall not constitute membership of the | 24 | | committee. All Committee papers, issues, recommendations, | 25 | | reports, and meeting memoranda are advisory only. The | 26 | | Director, or his or her designee, shall make a written report, |
| | | 10300HB3021ham001 | - 15 - | LRB103 27588 KTG 59712 a |
|
| 1 | | as requested by the Committee, regarding issues before the | 2 | | Committee.
| 3 | | The Department on Aging and the Department of Human | 4 | | Services
shall cooperate in the development and submission of | 5 | | an annual report on
programs and services provided under this | 6 | | Section. Such joint report
shall be filed with the Governor | 7 | | and the General Assembly on or before
September 30 each year.
| 8 | | The requirement for reporting to the General Assembly | 9 | | shall be satisfied
by filing copies of the report
as required | 10 | | by Section 3.1 of the General Assembly Organization Act and
| 11 | | filing such additional copies with the State Government Report | 12 | | Distribution
Center for the General Assembly as is required | 13 | | under paragraph (t) of
Section 7 of the State Library Act.
| 14 | | Those persons previously found eligible for receiving | 15 | | non-institutional
services whose services were discontinued | 16 | | under the Emergency Budget Act of
Fiscal Year 1992, and who do | 17 | | not meet the eligibility standards in effect
on or after July | 18 | | 1, 1992, shall remain ineligible on and after July 1,
1992. | 19 | | Those persons previously not required to cost-share and who | 20 | | were
required to cost-share effective March 1, 1992, shall | 21 | | continue to meet
cost-share requirements on and after July 1, | 22 | | 1992. Beginning July 1, 1992,
all clients will be required to | 23 | | meet
eligibility, cost-share, and other requirements and will | 24 | | have services
discontinued or altered when they fail to meet | 25 | | these requirements. | 26 | | For the purposes of this Section, "flexible senior |
| | | 10300HB3021ham001 | - 16 - | LRB103 27588 KTG 59712 a |
|
| 1 | | services" refers to services that require one-time or periodic | 2 | | expenditures including, but not limited to, respite care, home | 3 | | modification, assistive technology, housing assistance, and | 4 | | transportation.
| 5 | | The Department shall implement an electronic service | 6 | | verification based on global positioning systems or other | 7 | | cost-effective technology for the Community Care Program no | 8 | | later than January 1, 2014. | 9 | | The Department shall require, as a condition of | 10 | | eligibility, enrollment in the medical assistance program | 11 | | under Article V of the Illinois Public Aid Code (i) beginning | 12 | | August 1, 2013, if the Auditor General has reported that the | 13 | | Department has failed
to comply with the reporting | 14 | | requirements of Section 2-27 of
the Illinois State Auditing | 15 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has | 16 | | reported that the
Department has not undertaken the required | 17 | | actions listed in
the report required by subsection (a) of | 18 | | Section 2-27 of the
Illinois State Auditing Act. | 19 | | The Department shall delay Community Care Program services | 20 | | until an applicant is determined eligible for medical | 21 | | assistance under Article V of the Illinois Public Aid Code (i) | 22 | | beginning August 1, 2013, if the Auditor General has reported | 23 | | that the Department has failed
to comply with the reporting | 24 | | requirements of Section 2-27 of
the Illinois State Auditing | 25 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has | 26 | | reported that the
Department has not undertaken the required |
| | | 10300HB3021ham001 | - 17 - | LRB103 27588 KTG 59712 a |
|
| 1 | | actions listed in
the report required by subsection (a) of | 2 | | Section 2-27 of the
Illinois State Auditing Act. | 3 | | The Department shall implement co-payments for the | 4 | | Community Care Program at the federally allowable maximum | 5 | | level (i) beginning August 1, 2013, if the Auditor General has | 6 | | reported that the Department has failed
to comply with the | 7 | | reporting requirements of Section 2-27 of
the Illinois State | 8 | | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | 9 | | General has reported that the
Department has not undertaken | 10 | | the required actions listed in
the report required by | 11 | | subsection (a) of Section 2-27 of the
Illinois State Auditing | 12 | | Act. | 13 | | The Department shall continue to provide other Community | 14 | | Care Program reports as required by statute. | 15 | | The Department shall conduct a quarterly review of Care | 16 | | Coordination Unit performance and adherence to service | 17 | | guidelines. The quarterly review shall be reported to the | 18 | | Speaker of the House of Representatives, the Minority Leader | 19 | | of the House of Representatives, the
President of the
Senate, | 20 | | and the Minority Leader of the Senate. The Department shall | 21 | | collect and report longitudinal data on the performance of | 22 | | each care coordination unit. Nothing in this paragraph shall | 23 | | be construed to require the Department to identify specific | 24 | | care coordination units. | 25 | | In regard to community care providers, failure to comply | 26 | | with Department on Aging policies shall be cause for |
| | | 10300HB3021ham001 | - 18 - | LRB103 27588 KTG 59712 a |
|
| 1 | | disciplinary action, including, but not limited to, | 2 | | disqualification from serving Community Care Program clients. | 3 | | Each provider, upon submission of any bill or invoice to the | 4 | | Department for payment for services rendered, shall include a | 5 | | notarized statement, under penalty of perjury pursuant to | 6 | | Section 1-109 of the Code of Civil Procedure, that the | 7 | | provider has complied with all Department policies. | 8 | | The Director of the Department on Aging shall make | 9 | | information available to the State Board of Elections as may | 10 | | be required by an agreement the State Board of Elections has | 11 | | entered into with a multi-state voter registration list | 12 | | maintenance system. | 13 | | Within 30 days after July 6, 2017 (the effective date of | 14 | | Public Act 100-23), rates shall be increased to $18.29 per | 15 | | hour, for the purpose of increasing, by at least $.72 per hour, | 16 | | the wages paid by those vendors to their employees who provide | 17 | | homemaker services. The Department shall pay an enhanced rate | 18 | | under the Community Care Program to those in-home service | 19 | | provider agencies that offer health insurance coverage as a | 20 | | benefit to their direct service worker employees consistent | 21 | | with the mandates of Public Act 95-713. For State fiscal years | 22 | | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The | 23 | | rate shall be adjusted using actuarial analysis based on the | 24 | | cost of care, but shall not be set below $1.77 per hour. The | 25 | | Department shall adopt rules, including emergency rules under | 26 | | subsections (y) and (bb) of Section 5-45 of the Illinois |
| | | 10300HB3021ham001 | - 19 - | LRB103 27588 KTG 59712 a |
|
| 1 | | Administrative Procedure Act, to implement the provisions of | 2 | | this paragraph. | 3 | | The General Assembly finds it necessary to authorize an | 4 | | aggressive Medicaid enrollment initiative designed to maximize | 5 | | federal Medicaid funding for the Community Care Program which | 6 | | produces significant savings for the State of Illinois. The | 7 | | Department on Aging shall establish and implement a Community | 8 | | Care Program Medicaid Initiative. Under the Initiative, the
| 9 | | Department on Aging shall, at a minimum: (i) provide an | 10 | | enhanced rate to adequately compensate care coordination units | 11 | | to enroll eligible Community Care Program clients into | 12 | | Medicaid; (ii) use recommendations from a stakeholder | 13 | | committee on how best to implement the Initiative; and (iii) | 14 | | establish requirements for State agencies to make enrollment | 15 | | in the State's Medical Assistance program easier for seniors. | 16 | | The Community Care Program Medicaid Enrollment Oversight | 17 | | Subcommittee is created as a subcommittee of the Older Adult | 18 | | Services Advisory Committee established in Section 35 of the | 19 | | Older Adult Services Act to make recommendations on how best | 20 | | to increase the number of medical assistance recipients who | 21 | | are enrolled in the Community Care Program. The Subcommittee | 22 | | shall consist of all of the following persons who must be | 23 | | appointed within 30 days after the effective date of this | 24 | | amendatory Act of the 100th General Assembly: | 25 | | (1) The Director of Aging, or his or her designee, who | 26 | | shall serve as the chairperson of the Subcommittee. |
| | | 10300HB3021ham001 | - 20 - | LRB103 27588 KTG 59712 a |
|
| 1 | | (2) One representative of the Department of Healthcare | 2 | | and Family Services, appointed by the Director of | 3 | | Healthcare and Family Services. | 4 | | (3) One representative of the Department of Human | 5 | | Services, appointed by the Secretary of Human Services. | 6 | | (4) One individual representing a care coordination | 7 | | unit, appointed by the Director of Aging. | 8 | | (5) One individual from a non-governmental statewide | 9 | | organization that advocates for seniors, appointed by the | 10 | | Director of Aging. | 11 | | (6) One individual representing Area Agencies on | 12 | | Aging, appointed by the Director of Aging. | 13 | | (7) One individual from a statewide association | 14 | | dedicated to Alzheimer's care, support, and research, | 15 | | appointed by the Director of Aging. | 16 | | (8) One individual from an organization that employs | 17 | | persons who provide services under the Community Care | 18 | | Program, appointed by the Director of Aging. | 19 | | (9) One member of a trade or labor union representing | 20 | | persons who provide services under the Community Care | 21 | | Program, appointed by the Director of Aging. | 22 | | (10) One member of the Senate, who shall serve as | 23 | | co-chairperson, appointed by the President of the Senate. | 24 | | (11) One member of the Senate, who shall serve as | 25 | | co-chairperson, appointed by the Minority Leader of the | 26 | | Senate. |
| | | 10300HB3021ham001 | - 21 - | LRB103 27588 KTG 59712 a |
|
| 1 | | (12) One member of the House of
Representatives, who | 2 | | shall serve as co-chairperson, appointed by the Speaker of | 3 | | the House of Representatives. | 4 | | (13) One member of the House of Representatives, who | 5 | | shall serve as co-chairperson, appointed by the Minority | 6 | | Leader of the House of Representatives. | 7 | | (14) One individual appointed by a labor organization | 8 | | representing frontline employees at the Department of | 9 | | Human Services. | 10 | | The Subcommittee shall provide oversight to the Community | 11 | | Care Program Medicaid Initiative and shall meet quarterly. At | 12 | | each Subcommittee meeting the Department on Aging shall | 13 | | provide the following data sets to the Subcommittee: (A) the | 14 | | number of Illinois residents, categorized by planning and | 15 | | service area, who are receiving services under the Community | 16 | | Care Program and are enrolled in the State's Medical | 17 | | Assistance Program; (B) the number of Illinois residents, | 18 | | categorized by planning and service area, who are receiving | 19 | | services under the Community Care Program, but are not | 20 | | enrolled in the State's Medical Assistance Program; and (C) | 21 | | the number of Illinois residents, categorized by planning and | 22 | | service area, who are receiving services under the Community | 23 | | Care Program and are eligible for benefits under the State's | 24 | | Medical Assistance Program, but are not enrolled in the | 25 | | State's Medical Assistance Program. In addition to this data, | 26 | | the Department on Aging shall provide the Subcommittee with |
| | | 10300HB3021ham001 | - 22 - | LRB103 27588 KTG 59712 a |
|
| 1 | | plans on how the Department on Aging will reduce the number of | 2 | | Illinois residents who are not enrolled in the State's Medical | 3 | | Assistance Program but who are eligible for medical assistance | 4 | | benefits. The Department on Aging shall enroll in the State's | 5 | | Medical Assistance Program those Illinois residents who | 6 | | receive services under the Community Care Program and are | 7 | | eligible for medical assistance benefits but are not enrolled | 8 | | in the State's Medicaid Assistance Program. The data provided | 9 | | to the Subcommittee shall be made available to the public via | 10 | | the Department on Aging's website. | 11 | | The Department on Aging, with the involvement of the | 12 | | Subcommittee, shall collaborate with the Department of Human | 13 | | Services and the Department of Healthcare and Family Services | 14 | | on how best to achieve the responsibilities of the Community | 15 | | Care Program Medicaid Initiative. | 16 | | The Department on Aging, the Department of Human Services, | 17 | | and the Department of Healthcare and Family Services shall | 18 | | coordinate and implement a streamlined process for seniors to | 19 | | access benefits under the State's Medical Assistance Program. | 20 | | The Subcommittee shall collaborate with the Department of | 21 | | Human Services on the adoption of a uniform application | 22 | | submission process. The Department of Human Services and any | 23 | | other State agency involved with processing the medical | 24 | | assistance application of any person enrolled in the Community | 25 | | Care Program shall include the appropriate care coordination | 26 | | unit in all communications related to the determination or |
| | | 10300HB3021ham001 | - 23 - | LRB103 27588 KTG 59712 a |
|
| 1 | | status of the application. | 2 | | The Community Care Program Medicaid Initiative shall | 3 | | provide targeted funding to care coordination units to help | 4 | | seniors complete their applications for medical assistance | 5 | | benefits. On and after July 1, 2019, care coordination units | 6 | | shall receive no less than $200 per completed application, | 7 | | which rate may be included in a bundled rate for initial intake | 8 | | services when Medicaid application assistance is provided in | 9 | | conjunction with the initial intake process for new program | 10 | | participants. | 11 | | The Community Care Program Medicaid Initiative shall cease | 12 | | operation 5 years after the effective date of this amendatory | 13 | | Act of the 100th General Assembly, after which the | 14 | | Subcommittee shall dissolve. | 15 | | (Source: P.A. 101-10, eff. 6-5-19; 102-1071, eff. 6-10-22.)".
|
|