SB2578 EngrossedLRB103 32328 KTG 61673 b

1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Public Aid Code is amended by
5adding Section 5-52 as follows:
6    (305 ILCS 5/5-52 new)
7    Sec. 5-52. Electronic visit verification system; live-in
8caregiver exemption. In accordance with federal guidance
9issued by the federal Centers for Medicare and Medicaid
10Services in its "CMCS Informational Bulletin" on August 8,
112019 that allows state Medicaid agencies to exempt live-in
12caregivers from the electronic visit verification requirements
13authorized under Section 12006(a) of the 21st Century Cures
14Act (Public Law 114-255), the Department of Healthcare and
15Family Services shall exempt from electronic visit
16verification requirements all live-in caregivers who provide
17personal care services under the Adults with Developmental
18Disabilities waiver and the Support Waiver for Children and
19Young Adults with Developmental Disabilities authorized under
20Section 1915(c) of the Social Security Act.
21    As used in this Section, "live-in caregiver" means a
22caregiver who permanently or for an extended period of time
23resides in the same residence as the individual receiving



SB2578 Engrossed- 2 -LRB103 32328 KTG 61673 b

1Medicaid-funded personal care services or home health care
2services. Live-in caregiver status shall be determined by
3meeting requirements established by the U.S. Department of
4Labor, Internal Revenue Service, or extenuating circumstances
5approved by the Department of Healthcare and Family Services.
6    The Department of Healthcare and Family Services may adopt
7any rules necessary to implement this Section, including rules
8on the form and manner in which a caregiver must verify that he
9or she meets the definition of "live-in caregiver".
10    Section 99. Effective date. This Act takes effect upon
11becoming law.