Full Text of HB0438 94th General Assembly
HB0438enr 94TH GENERAL ASSEMBLY
|
|
|
HB0438 Enrolled |
|
LRB094 05354 RSP 35399 b |
|
| 1 |
| AN ACT in relation to disabled persons.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Disabled Persons Rehabilitation Act is | 5 |
| amended by changing
Section 3 as follows:
| 6 |
| (20 ILCS 2405/3) (from Ch. 23, par. 3434)
| 7 |
| Sec. 3. Powers and duties. The Department shall have the | 8 |
| powers and
duties enumerated
herein:
| 9 |
| (a) To co-operate with the federal government in the | 10 |
| administration
of the provisions of the federal Rehabilitation | 11 |
| Act of 1973, as amended,
of the Workforce Investment Act of | 12 |
| 1998,
and of the federal Social Security Act to the extent and | 13 |
| in the manner
provided in these Acts.
| 14 |
| (b) To prescribe and supervise such courses of vocational | 15 |
| training
and provide such other services as may be necessary | 16 |
| for the habilitation
and rehabilitation of persons with one or | 17 |
| more disabilities, including the
administrative activities | 18 |
| under subsection (e) of this Section, and to
co-operate with | 19 |
| State and local school authorities and other recognized
| 20 |
| agencies engaged in habilitation, rehabilitation and | 21 |
| comprehensive
rehabilitation services; and to cooperate with | 22 |
| the Department of Children
and Family Services regarding the | 23 |
| care and education of children with one
or more disabilities.
| 24 |
| (c) (Blank).
| 25 |
| (d) To report in writing, to the Governor, annually on or | 26 |
| before the
first day of December, and at such other times and | 27 |
| in such manner and
upon such subjects as the Governor may | 28 |
| require. The annual report shall
contain (1) a statement of the | 29 |
| existing condition of comprehensive
rehabilitation services, | 30 |
| habilitation and rehabilitation in the State;
(2) a statement | 31 |
| of suggestions and recommendations with reference to the
| 32 |
| development of comprehensive rehabilitation services, |
|
|
|
HB0438 Enrolled |
- 2 - |
LRB094 05354 RSP 35399 b |
|
| 1 |
| habilitation and
rehabilitation in the State; and (3) an | 2 |
| itemized statement of the
amounts of money received from | 3 |
| federal, State and other sources, and of
the objects and | 4 |
| purposes to which the respective items of these several
amounts | 5 |
| have been devoted.
| 6 |
| (e) (Blank).
| 7 |
| (f) To establish a program of services to prevent | 8 |
| unnecessary
institutionalization of persons with Alzheimer's | 9 |
| disease and related
disorders or persons in need of long term | 10 |
| care who are established as blind
or disabled as defined by the | 11 |
| Social Security Act, thereby enabling them to
remain in their | 12 |
| own homes or other living arrangements. Such preventive
| 13 |
| services may include, but are not limited to, any or all of the | 14 |
| following:
| 15 |
| (1) home health services;
| 16 |
| (2) home nursing services;
| 17 |
| (3) homemaker services;
| 18 |
| (4) chore and housekeeping services;
| 19 |
| (5) day care services;
| 20 |
| (6) home-delivered meals;
| 21 |
| (7) education in self-care;
| 22 |
| (8) personal care services;
| 23 |
| (9) adult day health services;
| 24 |
| (10) habilitation services;
| 25 |
| (11) respite care; or
| 26 |
| (12) other nonmedical social services that may enable | 27 |
| the person to
become self-supporting.
| 28 |
| The Department shall establish eligibility
standards for | 29 |
| such services taking into consideration the unique
economic and | 30 |
| social needs of the population for whom they are to
be | 31 |
| provided. Such eligibility standards may be based on the | 32 |
| recipient's
ability to pay for services; provided, however, | 33 |
| that any portion of a
person's income that is equal to or less | 34 |
| than the "protected income" level
shall not be considered by | 35 |
| the Department in determining eligibility. The
"protected | 36 |
| income" level shall be determined by the Department, shall |
|
|
|
HB0438 Enrolled |
- 3 - |
LRB094 05354 RSP 35399 b |
|
| 1 |
| never be
less than the federal poverty standard, and shall be | 2 |
| adjusted each year to
reflect changes in the Consumer Price | 3 |
| Index For All Urban Consumers as
determined by the United | 4 |
| States Department of Labor. The standards must
provide that a | 5 |
| person may have not more than $10,000 in assets to be eligible | 6 |
| for the services, and the Department may increase the asset | 7 |
| limitation by rule. Additionally, in
determining the amount and | 8 |
| nature of services for which a person may qualify,
| 9 |
| consideration shall not be given to the value of cash, property | 10 |
| or other assets
held in the name of the person's spouse | 11 |
| pursuant to a written agreement
dividing marital property into | 12 |
| equal but separate shares or pursuant to a
transfer of the | 13 |
| person's interest in a home to his spouse, provided that the
| 14 |
| spouse's share of the marital property is not made available to | 15 |
| the person
seeking such services.
| 16 |
| The services shall be provided to eligible persons
to | 17 |
| prevent unnecessary or premature institutionalization, to
the | 18 |
| extent that the cost of the services, together with the
other | 19 |
| personal maintenance expenses of the persons, are reasonably
| 20 |
| related to the standards established for care in a group | 21 |
| facility
appropriate to their condition. These | 22 |
| non-institutional
services, pilot projects or experimental | 23 |
| facilities may be provided as part of
or in addition to those | 24 |
| authorized by federal law or those funded and
administered by | 25 |
| the Illinois Department on Aging.
| 26 |
| Personal care attendants shall be paid:
| 27 |
| (i) A $5 per hour minimum rate beginning July 1, 1995.
| 28 |
| (ii) A $5.30 per hour minimum rate beginning July 1, | 29 |
| 1997.
| 30 |
| (iii) A $5.40 per hour minimum rate beginning July 1, | 31 |
| 1998.
| 32 |
| Solely for the purposes of coverage under the Illinois | 33 |
| Public Labor
Relations
Act
(5 ILCS 315/), personal care | 34 |
| attendants and personal assistants providing
services under
| 35 |
| the Department's Home Services Program shall be considered to | 36 |
| be public
employees
and the State of Illinois shall be |
|
|
|
HB0438 Enrolled |
- 4 - |
LRB094 05354 RSP 35399 b |
|
| 1 |
| considered to be their employer as of the
effective date of
| 2 |
| this amendatory Act of the 93rd General Assembly, but not | 3 |
| before. The State
shall
engage in collective bargaining with an | 4 |
| exclusive representative of personal
care
attendants and | 5 |
| personal assistants working under the Home Services Program
| 6 |
| concerning
their terms and conditions of employment that are | 7 |
| within the State's control.
Nothing in
this paragraph shall be | 8 |
| understood to limit the right of the persons receiving
services
| 9 |
| defined in this Section to hire and fire personal care | 10 |
| attendants and
personal assistants
or supervise them within the | 11 |
| limitations set by the Home Services Program. The
State
shall | 12 |
| not be considered to be the employer of personal care | 13 |
| attendants and
personal
assistants for any purposes not | 14 |
| specifically provided in this amendatory Act of
the 93rd
| 15 |
| General Assembly, including but not limited to, purposes of | 16 |
| vicarious liability
in tort and
purposes of statutory | 17 |
| retirement or health insurance benefits. Personal care
| 18 |
| attendants
and personal assistants shall not be covered by the | 19 |
| State Employees Group
Insurance Act
of 1971 (5 ILCS 375/).
| 20 |
| The Department shall execute, relative to the nursing home | 21 |
| prescreening
project, as authorized by Section 4.03 of the | 22 |
| Illinois Act on the Aging,
written inter-agency agreements with | 23 |
| the Department on Aging and
the Department of Public Aid, to | 24 |
| effect the following: (i) intake procedures
and common | 25 |
| eligibility criteria for those persons who are receiving
| 26 |
| non-institutional services; and (ii) the establishment and | 27 |
| development of
non-institutional services in areas of the State | 28 |
| where they are not
currently available or are undeveloped. On | 29 |
| and after July 1, 1996, all nursing
home prescreenings for | 30 |
| individuals 18 through 59 years of age shall be
conducted by | 31 |
| the Department.
| 32 |
| The Department is authorized to establish a system of | 33 |
| recipient cost-sharing
for services provided under this | 34 |
| Section. The cost-sharing shall be based upon
the recipient's | 35 |
| ability to pay for services, but in no case shall the
| 36 |
| recipient's share exceed the actual cost of the services |
|
|
|
HB0438 Enrolled |
- 5 - |
LRB094 05354 RSP 35399 b |
|
| 1 |
| provided. Protected
income shall not be considered by the | 2 |
| Department in its determination of the
recipient's ability to | 3 |
| pay a share of the cost of services. The level of
cost-sharing | 4 |
| shall be adjusted each year to reflect changes in the | 5 |
| "protected
income" level. The Department shall deduct from the | 6 |
| recipient's share of the
cost of services any money expended by | 7 |
| the recipient for disability-related
expenses.
| 8 |
| The Department, or the Department's authorized | 9 |
| representative, shall recover
the amount of moneys expended for | 10 |
| services provided to or in behalf of a person
under this | 11 |
| Section by a claim against the person's estate or against the | 12 |
| estate
of the person's surviving spouse, but no recovery may be | 13 |
| had until after the
death of the surviving spouse, if any, and | 14 |
| then only at such time when there is
no surviving child who is | 15 |
| under age 21, blind, or permanently and totally
disabled. This | 16 |
| paragraph, however, shall not bar recovery, at the death of the
| 17 |
| person, of moneys for services provided to the person or in | 18 |
| behalf of the
person under this Section to which the person was | 19 |
| not entitled; provided that
such recovery shall not be enforced | 20 |
| against any real estate while
it is occupied as a homestead by | 21 |
| the surviving spouse or other dependent, if no
claims by other | 22 |
| creditors have been filed against the estate, or, if such
| 23 |
| claims have been filed, they remain dormant for failure of | 24 |
| prosecution or
failure of the claimant to compel administration | 25 |
| of the estate for the purpose
of payment. This paragraph shall | 26 |
| not bar recovery from the estate of a spouse,
under Sections | 27 |
| 1915 and 1924 of the Social Security Act and Section 5-4 of the
| 28 |
| Illinois Public Aid Code, who precedes a person receiving | 29 |
| services under this
Section in death. All moneys for services
| 30 |
| paid to or in behalf of the person under this Section shall be | 31 |
| claimed for
recovery from the deceased spouse's estate. | 32 |
| "Homestead", as used in this
paragraph, means the dwelling | 33 |
| house and
contiguous real estate occupied by a surviving spouse | 34 |
| or relative, as defined
by the rules and regulations of the | 35 |
| Illinois Department of Public Aid,
regardless of the value of | 36 |
| the property.
|
|
|
|
HB0438 Enrolled |
- 6 - |
LRB094 05354 RSP 35399 b |
|
| 1 |
| The Department and the Department on Aging shall cooperate
| 2 |
| in the development and submission of an annual report on | 3 |
| programs and
services provided under this Section. Such joint | 4 |
| report shall be filed
with the Governor and the General | 5 |
| Assembly on or before March
30
each year.
| 6 |
| The requirement for reporting to the General Assembly shall | 7 |
| be satisfied
by filing copies of the report with the Speaker, | 8 |
| the Minority Leader and
the Clerk of the House of | 9 |
| Representatives and the President, the Minority
Leader and the | 10 |
| Secretary of the Senate and the Legislative Research Unit,
as | 11 |
| required by Section 3.1 of the General Assembly Organization | 12 |
| Act, and filing
additional copies with the State
Government | 13 |
| Report Distribution Center for the General Assembly as
required | 14 |
| under paragraph (t) of Section 7 of the State Library Act.
| 15 |
| (g) To establish such subdivisions of the Department
as | 16 |
| shall be desirable and assign to the various subdivisions the
| 17 |
| responsibilities and duties placed upon the Department by law.
| 18 |
| (h) To cooperate and enter into any necessary agreements | 19 |
| with the
Department of Employment Security for the provision of | 20 |
| job placement and
job referral services to clients of the | 21 |
| Department, including job
service registration of such clients | 22 |
| with Illinois Employment Security
offices and making job | 23 |
| listings maintained by the Department of Employment
Security | 24 |
| available to such clients.
| 25 |
| (i) To possess all powers reasonable and necessary for
the | 26 |
| exercise and administration of the powers, duties and
| 27 |
| responsibilities of the Department which are provided for by | 28 |
| law.
| 29 |
| (j) To establish a procedure whereby new providers of
| 30 |
| personal care attendant services shall submit vouchers to the | 31 |
| State for
payment two times during their first month of | 32 |
| employment and one time per
month thereafter. In no case shall | 33 |
| the Department pay personal care
attendants an hourly wage that | 34 |
| is less than the federal minimum wage.
| 35 |
| (k) To provide adequate notice to providers of chore and | 36 |
| housekeeping
services informing them that they are entitled to |
|
|
|
HB0438 Enrolled |
- 7 - |
LRB094 05354 RSP 35399 b |
|
| 1 |
| an interest payment on
bills which are not promptly paid | 2 |
| pursuant to Section 3 of the State Prompt
Payment Act.
| 3 |
| (l) To establish, operate and maintain a Statewide Housing | 4 |
| Clearinghouse
of information on available, government | 5 |
| subsidized housing accessible to
disabled persons and | 6 |
| available privately owned housing accessible to
disabled | 7 |
| persons. The information shall include but not be limited to | 8 |
| the
location, rental requirements, access features and | 9 |
| proximity to public
transportation of available housing. The | 10 |
| Clearinghouse shall consist
of at least a computerized database | 11 |
| for the storage and retrieval of
information and a separate or | 12 |
| shared toll free telephone number for use by
those seeking | 13 |
| information from the Clearinghouse. Department offices and
| 14 |
| personnel throughout the State shall also assist in the | 15 |
| operation of the
Statewide Housing Clearinghouse. Cooperation | 16 |
| with local, State and federal
housing managers shall be sought | 17 |
| and extended in order to frequently and
promptly update the | 18 |
| Clearinghouse's information.
| 19 |
| (m) To assure that the names and case records of persons | 20 |
| who received or
are
receiving services from the Department, | 21 |
| including persons receiving vocational
rehabilitation, home | 22 |
| services, or other services, and those attending one of
the | 23 |
| Department's schools or other supervised facility shall be | 24 |
| confidential and
not be open to the general public. Those case | 25 |
| records and reports or the
information contained in those | 26 |
| records and reports shall be disclosed by the
Director only to | 27 |
| proper law enforcement officials, individuals authorized by a
| 28 |
| court, the General Assembly or any committee or commission of | 29 |
| the General
Assembly, and other persons and for reasons as the | 30 |
| Director designates by rule.
Disclosure by the Director may be | 31 |
| only in accordance with other applicable
law.
| 32 |
| (Source: P.A. 92-84, eff. 7-1-02; 93-204, eff. 7-16-03.)
|
|