Full Text of SB0274 99th General Assembly
SB0274enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | ARTICLE 5. AMENDATORY PROVISIONS | 5 | | Section 5-5. The Illinois Act on the Aging is amended by | 6 | | changing Section 4.02 as follows:
| 7 | | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
| 8 | | Sec. 4.02. Community Care Program. The Department shall | 9 | | establish a program of services to
prevent unnecessary | 10 | | institutionalization of persons age 60 and older in
need of | 11 | | long term care or who are established as persons who suffer | 12 | | from
Alzheimer's disease or a related disorder under the | 13 | | Alzheimer's Disease
Assistance Act, thereby enabling them
to | 14 | | remain in their own homes or in other living arrangements. Such
| 15 | | preventive services, which may be coordinated with other | 16 | | programs for the
aged and monitored by area agencies on aging | 17 | | in cooperation with the
Department, may include, but are not | 18 | | limited to, any or all of the following:
| 19 | | (a) (blank);
| 20 | | (b) (blank);
| 21 | | (c) home care aide services;
| 22 | | (d) personal assistant services;
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| 1 | | (e) adult day services;
| 2 | | (f) home-delivered meals;
| 3 | | (g) education in self-care;
| 4 | | (h) personal care services;
| 5 | | (i) adult day health services;
| 6 | | (j) habilitation services;
| 7 | | (k) respite care;
| 8 | | (k-5) community reintegration services;
| 9 | | (k-6) flexible senior services; | 10 | | (k-7) medication management; | 11 | | (k-8) emergency home response;
| 12 | | (l) other nonmedical social services that may enable | 13 | | the person
to become self-supporting; or
| 14 | | (m) clearinghouse for information provided by senior | 15 | | citizen home owners
who want to rent rooms to or share | 16 | | living space with other senior citizens.
| 17 | | The Department shall establish eligibility standards for | 18 | | such
services. In determining the amount and nature of services
| 19 | | for which a person may qualify, consideration shall not be | 20 | | given to the
value of cash, property or other assets held in | 21 | | the name of the person's
spouse pursuant to a written agreement | 22 | | dividing marital property into equal
but separate shares or | 23 | | pursuant to a transfer of the person's interest in a
home to | 24 | | his spouse, provided that the spouse's share of the marital
| 25 | | property is not made available to the person seeking such | 26 | | services.
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| 1 | | Beginning January 1, 2008, the Department shall require as | 2 | | a condition of eligibility that all new financially eligible | 3 | | applicants apply for and enroll in medical assistance under | 4 | | Article V of the Illinois Public Aid Code in accordance with | 5 | | rules promulgated by the Department.
| 6 | | The Department shall, in conjunction with the Department of | 7 | | Public Aid (now Department of Healthcare and Family Services),
| 8 | | seek appropriate amendments under Sections 1915 and 1924 of the | 9 | | Social
Security Act. The purpose of the amendments shall be to | 10 | | extend eligibility
for home and community based services under | 11 | | Sections 1915 and 1924 of the
Social Security Act to persons | 12 | | who transfer to or for the benefit of a
spouse those amounts of | 13 | | income and resources allowed under Section 1924 of
the Social | 14 | | Security Act. Subject to the approval of such amendments, the
| 15 | | Department shall extend the provisions of Section 5-4 of the | 16 | | Illinois
Public Aid Code to persons who, but for the provision | 17 | | of home or
community-based services, would require the level of | 18 | | care provided in an
institution, as is provided for in federal | 19 | | law. Those persons no longer
found to be eligible for receiving | 20 | | noninstitutional services due to changes
in the eligibility | 21 | | criteria shall be given 45 days notice prior to actual
| 22 | | termination. Those persons receiving notice of termination may | 23 | | contact the
Department and request the determination be | 24 | | appealed at any time during the
45 day notice period. The | 25 | | target
population identified for the purposes of this Section | 26 | | are persons age 60
and older with an identified service need. |
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| 1 | | Priority shall be given to those
who are at imminent risk of | 2 | | institutionalization. The services shall be
provided to | 3 | | eligible persons age 60 and older to the extent that the cost
| 4 | | of the services together with the other personal maintenance
| 5 | | expenses of the persons are reasonably related to the standards
| 6 | | established for care in a group facility appropriate to the | 7 | | person's
condition. These non-institutional services, pilot | 8 | | projects or
experimental facilities may be provided as part of | 9 | | or in addition to
those authorized by federal law or those | 10 | | funded and administered by the
Department of Human Services. | 11 | | The Departments of Human Services, Healthcare and Family | 12 | | Services,
Public Health, Veterans' Affairs, and Commerce and | 13 | | Economic Opportunity and
other appropriate agencies of State, | 14 | | federal and local governments shall
cooperate with the | 15 | | Department on Aging in the establishment and development
of the | 16 | | non-institutional services. The Department shall require an | 17 | | annual
audit from all personal assistant
and home care aide | 18 | | vendors contracting with
the Department under this Section. The | 19 | | annual audit shall assure that each
audited vendor's procedures | 20 | | are in compliance with Department's financial
reporting | 21 | | guidelines requiring an administrative and employee wage and | 22 | | benefits cost split as defined in administrative rules. The | 23 | | audit is a public record under
the Freedom of Information Act. | 24 | | The Department shall execute, relative to
the nursing home | 25 | | prescreening project, written inter-agency
agreements with the | 26 | | Department of Human Services and the Department
of Healthcare |
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| 1 | | and Family Services, to effect the following: (1) intake | 2 | | procedures and common
eligibility criteria for those persons | 3 | | who are receiving non-institutional
services; and (2) the | 4 | | establishment and development of non-institutional
services in | 5 | | areas of the State where they are not currently available or | 6 | | are
undeveloped. On and after July 1, 1996, all nursing home | 7 | | prescreenings for
individuals 60 years of age or older shall be | 8 | | conducted by the Department.
| 9 | | As part of the Department on Aging's routine training of | 10 | | case managers and case manager supervisors, the Department may | 11 | | include information on family futures planning for persons who | 12 | | are age 60 or older and who are caregivers of their adult | 13 | | children with developmental disabilities. The content of the | 14 | | training shall be at the Department's discretion. | 15 | | The Department is authorized to establish a system of | 16 | | recipient copayment
for services provided under this Section, | 17 | | such copayment to be based upon
the recipient's ability to pay | 18 | | but in no case to exceed the actual cost of
the services | 19 | | provided. Additionally, any portion of a person's income which
| 20 | | is equal to or less than the federal poverty standard shall not | 21 | | be
considered by the Department in determining the copayment. | 22 | | The level of
such copayment shall be adjusted whenever | 23 | | necessary to reflect any change
in the officially designated | 24 | | federal poverty standard.
| 25 | | The Department, or the Department's authorized | 26 | | representative, may
recover the amount of moneys expended for |
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| 1 | | services provided to or in
behalf of a person under this | 2 | | Section by a claim against the person's
estate or against the | 3 | | estate of the person's surviving spouse, but no
recovery may be | 4 | | had until after the death of the surviving spouse, if
any, and | 5 | | then only at such time when there is no surviving child who
is | 6 | | under age 21, blind, or permanently and totally disabled. This
| 7 | | paragraph, however, shall not bar recovery, at the death of the | 8 | | person, of
moneys for services provided to the person or in | 9 | | behalf of the person under
this Section to which the person was | 10 | | not entitled;
provided that such recovery shall not be enforced | 11 | | against any real estate while
it is occupied as a homestead by | 12 | | the surviving spouse or other dependent, if no
claims by other | 13 | | creditors have been filed against the estate, or, if such
| 14 | | claims have been filed, they remain dormant for failure of | 15 | | prosecution or
failure of the claimant to compel administration | 16 | | of the estate for the purpose
of payment. This paragraph shall | 17 | | not bar recovery from the estate of a spouse,
under Sections | 18 | | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| 19 | | Illinois Public Aid Code, who precedes a person receiving | 20 | | services under this
Section in death. All moneys for services
| 21 | | paid to or in behalf of the person under this Section shall be | 22 | | claimed for
recovery from the deceased spouse's estate. | 23 | | "Homestead", as used
in this paragraph, means the dwelling | 24 | | house and
contiguous real estate occupied by a surviving spouse
| 25 | | or relative, as defined by the rules and regulations of the | 26 | | Department of Healthcare and Family Services, regardless of the |
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| 1 | | value of the property.
| 2 | | The Department shall increase the effectiveness of the | 3 | | existing Community Care Program by: | 4 | | (1) ensuring that in-home services included in the care | 5 | | plan are available on evenings and weekends; | 6 | | (2) ensuring that care plans contain the services that | 7 | | eligible participants
need based on the number of days in a | 8 | | month, not limited to specific blocks of time, as | 9 | | identified by the comprehensive assessment tool selected | 10 | | by the Department for use statewide, not to exceed the | 11 | | total monthly service cost maximum allowed for each | 12 | | service; the Department shall develop administrative rules | 13 | | to implement this item (2); | 14 | | (3) ensuring that the participants have the right to | 15 | | choose the services contained in their care plan and to | 16 | | direct how those services are provided, based on | 17 | | administrative rules established by the Department; | 18 | | (4) ensuring that the determination of need tool is | 19 | | accurate in determining the participants' level of need; to | 20 | | achieve this, the Department, in conjunction with the Older | 21 | | Adult Services Advisory Committee, shall institute a study | 22 | | of the relationship between the Determination of Need | 23 | | scores, level of need, service cost maximums, and the | 24 | | development and utilization of service plans no later than | 25 | | May 1, 2008; findings and recommendations shall be | 26 | | presented to the Governor and the General Assembly no later |
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| 1 | | than January 1, 2009; recommendations shall include all | 2 | | needed changes to the service cost maximums schedule and | 3 | | additional covered services; | 4 | | (5) ensuring that homemakers can provide personal care | 5 | | services that may or may not involve contact with clients, | 6 | | including but not limited to: | 7 | | (A) bathing; | 8 | | (B) grooming; | 9 | | (C) toileting; | 10 | | (D) nail care; | 11 | | (E) transferring; | 12 | | (F) respiratory services; | 13 | | (G) exercise; or | 14 | | (H) positioning; | 15 | | (6) ensuring that homemaker program vendors are not | 16 | | restricted from hiring homemakers who are family members of | 17 | | clients or recommended by clients; the Department may not, | 18 | | by rule or policy, require homemakers who are family | 19 | | members of clients or recommended by clients to accept | 20 | | assignments in homes other than the client; | 21 | | (7) ensuring that the State may access maximum federal | 22 | | matching funds by seeking approval for the Centers for | 23 | | Medicare and Medicaid Services for modifications to the | 24 | | State's home and community based services waiver and | 25 | | additional waiver opportunities, including applying for | 26 | | enrollment in the Balance Incentive Payment Program by May |
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| 1 | | 1, 2013, in order to maximize federal matching funds; this | 2 | | shall include, but not be limited to, modification that | 3 | | reflects all changes in the Community Care Program services | 4 | | and all increases in the services cost maximum; | 5 | | (8) ensuring that the determination of need tool | 6 | | accurately reflects the service needs of individuals with | 7 | | Alzheimer's disease and related dementia disorders; | 8 | | (9) ensuring that services are authorized accurately | 9 | | and consistently for the Community Care Program (CCP); the | 10 | | Department shall implement a Service Authorization policy | 11 | | directive; the purpose shall be to ensure that eligibility | 12 | | and services are authorized accurately and consistently in | 13 | | the CCP program; the policy directive shall clarify service | 14 | | authorization guidelines to Care Coordination Units and | 15 | | Community Care Program providers no later than May 1, 2013; | 16 | | (10) working in conjunction with Care Coordination | 17 | | Units, the Department of Healthcare and Family Services, | 18 | | the Department of Human Services, Community Care Program | 19 | | providers, and other stakeholders to make improvements to | 20 | | the Medicaid claiming processes and the Medicaid | 21 | | enrollment procedures or requirements as needed, | 22 | | including, but not limited to, specific policy changes or | 23 | | rules to improve the up-front enrollment of participants in | 24 | | the Medicaid program and specific policy changes or rules | 25 | | to insure more prompt submission of bills to the federal | 26 | | government to secure maximum federal matching dollars as |
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| 1 | | promptly as possible; the Department on Aging shall have at | 2 | | least 3 meetings with stakeholders by January 1, 2014 in | 3 | | order to address these improvements; | 4 | | (11) requiring home care service providers to comply | 5 | | with the rounding of hours worked provisions under the | 6 | | federal Fair Labor Standards Act (FLSA) and as set forth in | 7 | | 29 CFR 785.48(b) by May 1, 2013; | 8 | | (12) implementing any necessary policy changes or | 9 | | promulgating any rules, no later than January 1, 2014, to | 10 | | assist the Department of Healthcare and Family Services in | 11 | | moving as many participants as possible, consistent with | 12 | | federal regulations, into coordinated care plans if a care | 13 | | coordination plan that covers long term care is available | 14 | | in the recipient's area; and | 15 | | (13) maintaining fiscal year 2014 rates at the same | 16 | | level established on January 1, 2013. | 17 | | By January 1, 2009 or as soon after the end of the Cash and | 18 | | Counseling Demonstration Project as is practicable, the | 19 | | Department may, based on its evaluation of the demonstration | 20 | | project, promulgate rules concerning personal assistant | 21 | | services, to include, but need not be limited to, | 22 | | qualifications, employment screening, rights under fair labor | 23 | | standards, training, fiduciary agent, and supervision | 24 | | requirements. All applicants shall be subject to the provisions | 25 | | of the Health Care Worker Background Check Act.
| 26 | | The Department shall develop procedures to enhance |
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| 1 | | availability of
services on evenings, weekends, and on an | 2 | | emergency basis to meet the
respite needs of caregivers. | 3 | | Procedures shall be developed to permit the
utilization of | 4 | | services in successive blocks of 24 hours up to the monthly
| 5 | | maximum established by the Department. Workers providing these | 6 | | services
shall be appropriately trained.
| 7 | | Beginning on the effective date of this Amendatory Act of | 8 | | 1991, no person
may perform chore/housekeeping and home care | 9 | | aide services under a program
authorized by this Section unless | 10 | | that person has been issued a certificate
of pre-service to do | 11 | | so by his or her employing agency. Information
gathered to | 12 | | effect such certification shall include (i) the person's name,
| 13 | | (ii) the date the person was hired by his or her current | 14 | | employer, and
(iii) the training, including dates and levels. | 15 | | Persons engaged in the
program authorized by this Section | 16 | | before the effective date of this
amendatory Act of 1991 shall | 17 | | be issued a certificate of all pre- and
in-service training | 18 | | from his or her employer upon submitting the necessary
| 19 | | information. The employing agency shall be required to retain | 20 | | records of
all staff pre- and in-service training, and shall | 21 | | provide such records to
the Department upon request and upon | 22 | | termination of the employer's contract
with the Department. In | 23 | | addition, the employing agency is responsible for
the issuance | 24 | | of certifications of in-service training completed to their
| 25 | | employees.
| 26 | | The Department is required to develop a system to ensure |
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| 1 | | that persons
working as home care aides and personal assistants
| 2 | | receive increases in their
wages when the federal minimum wage | 3 | | is increased by requiring vendors to
certify that they are | 4 | | meeting the federal minimum wage statute for home care aides
| 5 | | and personal assistants. An employer that cannot ensure that | 6 | | the minimum
wage increase is being given to home care aides and | 7 | | personal assistants
shall be denied any increase in | 8 | | reimbursement costs.
| 9 | | The Community Care Program Advisory Committee is created in | 10 | | the Department on Aging. The Director shall appoint individuals | 11 | | to serve in the Committee, who shall serve at their own | 12 | | expense. Members of the Committee must abide by all applicable | 13 | | ethics laws. The Committee shall advise the Department on | 14 | | issues related to the Department's program of services to | 15 | | prevent unnecessary institutionalization. The Committee shall | 16 | | meet on a bi-monthly basis and shall serve to identify and | 17 | | advise the Department on present and potential issues affecting | 18 | | the service delivery network, the program's clients, and the | 19 | | Department and to recommend solution strategies. Persons | 20 | | appointed to the Committee shall be appointed on, but not | 21 | | limited to, their own and their agency's experience with the | 22 | | program, geographic representation, and willingness to serve. | 23 | | The Director shall appoint members to the Committee to | 24 | | represent provider, advocacy, policy research, and other | 25 | | constituencies committed to the delivery of high quality home | 26 | | and community-based services to older adults. Representatives |
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| 1 | | shall be appointed to ensure representation from community care | 2 | | providers including, but not limited to, adult day service | 3 | | providers, homemaker providers, case coordination and case | 4 | | management units, emergency home response providers, statewide | 5 | | trade or labor unions that represent home care
aides and direct | 6 | | care staff, area agencies on aging, adults over age 60, | 7 | | membership organizations representing older adults, and other | 8 | | organizational entities, providers of care, or individuals | 9 | | with demonstrated interest and expertise in the field of home | 10 | | and community care as determined by the Director. | 11 | | Nominations may be presented from any agency or State | 12 | | association with interest in the program. The Director, or his | 13 | | or her designee, shall serve as the permanent co-chair of the | 14 | | advisory committee. One other co-chair shall be nominated and | 15 | | approved by the members of the committee on an annual basis. | 16 | | Committee members' terms of appointment shall be for 4 years | 17 | | with one-quarter of the appointees' terms expiring each year. A | 18 | | member shall continue to serve until his or her replacement is | 19 | | named. The Department shall fill vacancies that have a | 20 | | remaining term of over one year, and this replacement shall | 21 | | occur through the annual replacement of expiring terms. The | 22 | | Director shall designate Department staff to provide technical | 23 | | assistance and staff support to the committee. Department | 24 | | representation shall not constitute membership of the | 25 | | committee. All Committee papers, issues, recommendations, | 26 | | reports, and meeting memoranda are advisory only. The Director, |
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| 1 | | or his or her designee, shall make a written report, as | 2 | | requested by the Committee, regarding issues before the | 3 | | Committee.
| 4 | | The Department on Aging and the Department of Human | 5 | | Services
shall cooperate in the development and submission of | 6 | | an annual report on
programs and services provided under this | 7 | | Section. Such joint report
shall be filed with the Governor and | 8 | | the General Assembly on or before
September 30 each year.
| 9 | | The requirement for reporting to the General Assembly shall | 10 | | be satisfied
by filing copies of the report with the Speaker, | 11 | | the Minority Leader and
the Clerk of the House of | 12 | | Representatives and the President, the Minority
Leader and the | 13 | | Secretary of the Senate and the Legislative Research Unit,
as | 14 | | required by Section 3.1 of the General Assembly Organization | 15 | | Act and
filing such additional copies with the State Government | 16 | | Report Distribution
Center for the General Assembly as is | 17 | | required under paragraph (t) of
Section 7 of the State Library | 18 | | Act.
| 19 | | Those persons previously found eligible for receiving | 20 | | non-institutional
services whose services were discontinued | 21 | | under the Emergency Budget Act of
Fiscal Year 1992, and who do | 22 | | not meet the eligibility standards in effect
on or after July | 23 | | 1, 1992, shall remain ineligible on and after July 1,
1992. | 24 | | Those persons previously not required to cost-share and who | 25 | | were
required to cost-share effective March 1, 1992, shall | 26 | | continue to meet
cost-share requirements on and after July 1, |
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| 1 | | 1992. Beginning July 1, 1992,
all clients will be required to | 2 | | meet
eligibility, cost-share, and other requirements and will | 3 | | have services
discontinued or altered when they fail to meet | 4 | | these requirements. | 5 | | For the purposes of this Section, "flexible senior | 6 | | services" refers to services that require one-time or periodic | 7 | | expenditures including, but not limited to, respite care, home | 8 | | modification, assistive technology, housing assistance, and | 9 | | transportation.
| 10 | | The Department shall implement an electronic service | 11 | | verification based on global positioning systems or other | 12 | | cost-effective technology for the Community Care Program no | 13 | | later than January 1, 2014. | 14 | | The Department shall require, as a condition of | 15 | | eligibility, enrollment in the medical assistance program | 16 | | under Article V of the Illinois Public Aid Code (i) beginning | 17 | | August 1, 2013, if the Auditor General has reported that the | 18 | | Department has failed
to comply with the reporting requirements | 19 | | of Section 2-27 of
the Illinois State Auditing Act; or (ii) | 20 | | beginning June 1, 2014, if the Auditor General has reported | 21 | | that the
Department has not undertaken the required actions | 22 | | listed in
the report required by subsection (a) of Section 2-27 | 23 | | of the
Illinois State Auditing Act. | 24 | | The Department shall delay Community Care Program services | 25 | | until an applicant is determined eligible for medical | 26 | | assistance under Article V of the Illinois Public Aid Code (i) |
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| 1 | | beginning August 1, 2013, if the Auditor General has reported | 2 | | that the Department has failed
to comply with the reporting | 3 | | requirements of Section 2-27 of
the Illinois State Auditing | 4 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has | 5 | | reported that the
Department has not undertaken the required | 6 | | actions listed in
the report required by subsection (a) of | 7 | | Section 2-27 of the
Illinois State Auditing Act. | 8 | | The Department shall implement co-payments for the | 9 | | Community Care Program at the federally allowable maximum level | 10 | | (i) beginning August 1, 2013, if the Auditor General has | 11 | | reported that the Department has failed
to comply with the | 12 | | reporting requirements of Section 2-27 of
the Illinois State | 13 | | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | 14 | | General has reported that the
Department has not undertaken the | 15 | | required actions listed in
the report required by subsection | 16 | | (a) of Section 2-27 of the
Illinois State Auditing Act. | 17 | | The Department shall provide a bi-monthly report on the | 18 | | progress of the Community Care Program reforms set forth in | 19 | | this amendatory Act of the 98th General Assembly to the | 20 | | Governor, the Speaker of the House of Representatives, the | 21 | | Minority Leader of the House of Representatives, the
President | 22 | | of the
Senate, and the Minority Leader of the Senate. | 23 | | The Department shall conduct a quarterly review of Care | 24 | | Coordination Unit performance and adherence to service | 25 | | guidelines. The quarterly review shall be reported to the | 26 | | Speaker of the House of Representatives, the Minority Leader of |
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| 1 | | the House of Representatives, the
President of the
Senate, and | 2 | | the Minority Leader of the Senate. The Department shall collect | 3 | | and report longitudinal data on the performance of each care | 4 | | coordination unit. Nothing in this paragraph shall be construed | 5 | | to require the Department to identify specific care | 6 | | coordination units. | 7 | | In regard to community care providers, failure to comply | 8 | | with Department on Aging policies shall be cause for | 9 | | disciplinary action, including, but not limited to, | 10 | | disqualification from serving Community Care Program clients. | 11 | | Each provider, upon submission of any bill or invoice to the | 12 | | Department for payment for services rendered, shall include a | 13 | | notarized statement, under penalty of perjury pursuant to | 14 | | Section 1-109 of the Code of Civil Procedure, that the provider | 15 | | has complied with all Department policies. | 16 | | The Director of the Department on Aging shall make | 17 | | information available to the State Board of Elections as may be | 18 | | required by an agreement the State Board of Elections has | 19 | | entered into with a multi-state voter registration list | 20 | | maintenance system. | 21 | | The Department shall pay an enhanced rate under the | 22 | | Community Care Program to those in-home service provider | 23 | | agencies that offer health insurance coverage as a benefit to | 24 | | their direct service worker employees consistent with the | 25 | | mandates of Public Act 95-713. The enhanced rate shall be no | 26 | | less than $1.61 per hour. |
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| 1 | | (Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13; 98-1171, | 2 | | eff. 6-1-15.) | 3 | | Section 5-10. The Department of Veterans Affairs Act is | 4 | | amended by changing Sections 2g, 2.03, and 2.04 as follows: | 5 | | (20 ILCS 2805/2g) | 6 | | Sec. 2g. The Illinois Veterans' Homes Fund. The Illinois | 7 | | Veterans' Homes Fund is hereby created as a special fund in the | 8 | | State treasury. From appropriations to the Department from the | 9 | | Fund the Department shall purchase needed equipment and | 10 | | supplies to enhance the lives of the residents at and for to | 11 | | enhance the operations of veterans' homes in Illinois , | 12 | | including capital improvements, building rehabilitation, and | 13 | | repairs .
| 14 | | (Source: P.A. 93-776, eff. 7-21-04.)
| 15 | | (20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
| 16 | | Sec. 2.03. Admissions. Admissions to an Illinois Veterans | 17 | | Home are
subject to the rules and regulations adopted by the | 18 | | Department of Veterans'
Affairs to govern the admission of | 19 | | applicants.
| 20 | | Each resident of a Home is liable for the payment of sums
| 21 | | representing maintenance charges for care at the Home at a rate | 22 | | to
be determined by the Department, based on the resident's | 23 | | ability to pay.
However, the charges shall not exceed the |
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| 1 | | average annual per
capita cost of maintaining the resident in | 2 | | the Home. The Department,
upon being furnished proof of | 3 | | payment, shall in its discretion
make allowances for unusual | 4 | | expenses in determining the
ability of the resident to pay | 5 | | maintenance charges.
| 6 | | The basis upon which the payment of maintenance charges | 7 | | shall be
calculated by the Department is the average per capita | 8 | | cost
for the care of all residents at each Home for the fiscal | 9 | | year
immediately preceding the period for which the rate for | 10 | | each
Home is being calculated.
| 11 | | The Department may require residents to pay charges | 12 | | monthly,
quarterly, or otherwise as may be most suitably | 13 | | arranged for the
individual members. The amounts received from | 14 | | each Home for the
charges shall be transmitted to the Treasurer | 15 | | of the State of Illinois
for deposit in the Illinois Veterans' | 16 | | Homes Fund each Veterans Home Fund, respectively .
| 17 | | The Department may investigate the financial condition of | 18 | | residents
of a Home to determine their ability to pay | 19 | | maintenance charges and
to establish standards as a basis of | 20 | | judgment for such determination.
Such standards shall be | 21 | | recomputed periodically to reflect
changes in the cost of | 22 | | living and other pertinent factors.
| 23 | | Refusal to pay the maintenance charges is cause for | 24 | | discharge
of a resident from a Home.
| 25 | | The Department may collect any medical or health benefits
| 26 | | to which a resident may become entitled through tax
supported |
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| 1 | | or privately financed systems of insurance, as a
result of his | 2 | | or her care or treatment in the facilities provided by the
| 3 | | Department, or because of care or treatment in other facilities
| 4 | | when such care or treatment has been paid for by the | 5 | | Department.
| 6 | | Admission of a resident is not limited or conditioned in | 7 | | any manner
by the financial status of the resident or his or | 8 | | her ability to pay
maintenance charges.
| 9 | | The Department may accept and hold on behalf of the State, | 10 | | if for the
public interest, a grant, gift, devise, or bequest | 11 | | of money or property to
the Department made in trust for the | 12 | | maintenance or support of a resident
of an Illinois Veterans | 13 | | Home or for any other legitimate purpose. The Department shall | 14 | | cause each gift, grant,
devise, or bequest to be kept as a | 15 | | distinct fund and shall invest the same
in the manner provided | 16 | | by the laws of this State relating to securities in
which the | 17 | | deposit in savings banks may be invested. However, the
| 18 | | Department may, at its discretion, deposit in a proper trust | 19 | | company, bank,
or savings bank, during the continuance of the | 20 | | trust, any fund left in
trust for the life of a person and | 21 | | shall adopt rules and regulations
governing the deposit, | 22 | | transfer, or withdrawal of the fund. The Department
shall, on | 23 | | the expiration of any trust as provided in any instrument
| 24 | | creating the trust, dispose of the fund in the manner
provided | 25 | | in the instrument. The Department shall include in its required
| 26 | | reports a statement showing what funds are so held by it and |
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| 1 | | the condition
of the funds; provided that monies found on | 2 | | residents at the time of their
admission or accruing to them | 3 | | during their residence at a Home and monies
deposited with the | 4 | | administrators by relatives, guardians, or friends of
| 5 | | residents for the special comfort and pleasure of the resident | 6 | | shall
remain in the custody of the administrators who shall act | 7 | | as trustees for
disbursement to, on behalf of, or for the | 8 | | benefit of the resident. All
types of retirement and pension | 9 | | benefits from private and public sources
may be paid directly | 10 | | to the administrator of a Home for deposit to
the resident | 11 | | trust fund account.
| 12 | | (Source: P.A. 96-95, eff. 1-1-10; 96-100, eff. 1-1-10.)
| 13 | | (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
| 14 | | Sec. 2.04.
There shall be established in the State Treasury | 15 | | special funds
known as (i) the LaSalle Veterans Home Fund, (ii) | 16 | | the Anna Veterans Home Fund,
(iii) the Manteno Veterans Home | 17 | | Fund, and (iv) the Quincy Veterans Home
Fund.
All moneys | 18 | | received by an Illinois Veterans Home from Medicare and from
| 19 | | maintenance charges to veterans, spouses, and surviving | 20 | | spouses residing at
that Home shall be paid into the Illinois | 21 | | Veterans' Homes Fund that Home's Fund . All moneys
received from | 22 | | the
U.S. Department of Veterans Affairs for patient care shall | 23 | | be transmitted to
the Treasurer of the State for deposit in the | 24 | | Illinois Veterans' Homes Fund Veterans Home Fund for the Home
| 25 | | in which the veteran resides . Appropriations shall be made from |
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| 1 | | the Illinois Veterans' Homes Fund a Fund only
for the needs of | 2 | | the Illinois Veterans' Homes Home , including capital | 3 | | improvements, building
rehabilitation, and repairs.
| 4 | | The administrator of each Veterans Home shall establish a
| 5 | | locally-held
member's benefits fund. Revenues accruing to an | 6 | | Illinois Veterans Home,
including any donations, grants for the | 7 | | operation of the Home, profits from
commissary stores, and | 8 | | funds received from any individual or other source,
shall be | 9 | | deposited into that Home's benefits fund. Expenditures from the | 10 | | benefits funds
shall
be solely for the special comfort, | 11 | | pleasure, and amusement of residents.
Contributors of | 12 | | unsolicited private donations may specify the purpose for which
| 13 | | the private donations are to be used.
| 14 | | Upon request of the Department, the State's Attorney of the | 15 | | county in which
a resident or living former resident of an | 16 | | Illinois Veterans Home
who is liable under this Act
for payment | 17 | | of sums representing maintenance charges resides shall file
an | 18 | | action in a court of competent jurisdiction against any such | 19 | | person who
fails or refuses to pay such sums. The court may | 20 | | order the payment of sums
due to maintenance charges for such | 21 | | period or periods of time as the
circumstances require.
| 22 | | Upon the death of a person who is or has been a resident of | 23 | | an
Illinois Veterans Home who is
liable for maintenance charges | 24 | | and who is possessed of property, the
Department may present a | 25 | | claim for such sum or for the balance due in
case less than the | 26 | | rate prescribed under this Act has been paid. The
claim shall |
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| 1 | | be allowed and paid as other lawful claims against the estate.
| 2 | | The administrator of each Veterans Home shall establish a
| 3 | | locally-held
trust fund to maintain moneys held for residents. | 4 | | Whenever the Department
finds it necessary to preserve order,
| 5 | | preserve health, or enforce discipline, the resident shall | 6 | | deposit in a
trust account at the Home such monies from any | 7 | | source of income as may
be determined necessary, and | 8 | | disbursement of these funds to the resident
shall be made only | 9 | | by direction of the administrator.
| 10 | | If a resident of an Illinois Veterans Home has a
dependent | 11 | | child, spouse, or parent the administrator may
require that all | 12 | | monies
received be deposited in a trust account with dependency | 13 | | contributions
being made at the direction of the administrator. | 14 | | The balance retained
in the trust account shall be disbursed to | 15 | | the resident at the time of
discharge from the Home or to his | 16 | | or her heirs or legal representative
at the time of the | 17 | | resident's death, subject to Department regulations
or order of | 18 | | the court.
| 19 | | The Director of Central Management Services, with the
| 20 | | consent of the Director of Veterans' Affairs, is authorized
and | 21 | | empowered to lease or let any real property held by the | 22 | | Department of
Veterans' Affairs for an Illinois Veterans Home | 23 | | to entities or
persons upon terms and conditions which are | 24 | | considered to be in the best
interest of that Home. The real | 25 | | property must not be needed for any direct
or immediate purpose | 26 | | of the Home. In any leasing or letting, primary
consideration |
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| 1 | | shall be given to the use of real property for agricultural
| 2 | | purposes, and all moneys received shall be transmitted to the | 3 | | Treasurer of
the State for deposit in the Illinois Veterans' | 4 | | Homes Fund appropriate Veterans Home Fund . | 5 | | Notwithstanding any other provision of law, in addition to | 6 | | any other transfers that may be provided by law, on July 1, | 7 | | 2015, or as soon thereafter as practical, the State Comptroller | 8 | | shall direct and the State Treasurer shall transfer the | 9 | | remaining balances from the LaSalle Veterans Home Fund, the | 10 | | Anna Veterans Home Fund, the Manteno Veterans Home Fund, and | 11 | | the Quincy Veterans Home Fund into the Illinois Veterans' Homes | 12 | | Fund. Upon completion of the transfers, the LaSalle Veterans | 13 | | Home Fund, the Anna Veterans Home Fund, the Manteno Veterans | 14 | | Home Fund, and the Quincy Veterans Home Fund are dissolved, and | 15 | | any future deposits due to those Funds and any outstanding | 16 | | obligations or liabilities of those Funds pass to the Illinois | 17 | | Veterans' Homes Fund.
| 18 | | (Source: P.A. 97-297, eff. 1-1-12.)
| 19 | | Section 5-15. The State Finance Act is amended by changing | 20 | | Section 8g-1 as follows: | 21 | | (30 ILCS 105/8g-1) | 22 | | Sec. 8g-1. Fund transfers. | 23 | | (a) In addition to any other transfers that may be provided | 24 | | for by law, on and after July 1, 2012 and until May 1, 2013, at |
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| 1 | | the direction of and upon notification from the Governor, the | 2 | | State Comptroller shall direct and the State Treasurer shall | 3 | | transfer amounts not exceeding a total of $80,000,000 from the | 4 | | General Revenue Fund to the Tobacco Settlement Recovery Fund. | 5 | | Any amounts so transferred shall be retransferred by the State | 6 | | Comptroller and the State Treasurer from the Tobacco Settlement | 7 | | Recovery Fund to the General Revenue Fund at the direction of | 8 | | and upon notification from the Governor, but in any event on or | 9 | | before June 30, 2013.
| 10 | | (b) In addition to any other transfers that may be provided | 11 | | for by law, on and after July 1, 2013 and until May 1, 2014, at | 12 | | the direction of and upon notification from the Governor, the | 13 | | State Comptroller shall direct and the State Treasurer shall | 14 | | transfer amounts not exceeding a total of $80,000,000 from the | 15 | | General Revenue Fund to the Tobacco Settlement Recovery Fund. | 16 | | Any amounts so transferred shall be retransferred by the State | 17 | | Comptroller and the State Treasurer from the Tobacco Settlement | 18 | | Recovery Fund to the General Revenue Fund at the direction of | 19 | | and upon notification from the Governor, but in any event on or | 20 | | before June 30, 2014. | 21 | | (c) In addition to any other transfers that may be provided | 22 | | for by law, on July 1, 2013, or as soon thereafter as | 23 | | practical, the State Comptroller shall direct and the State | 24 | | Treasurer shall transfer the sum of $1,400,000 from the General | 25 | | Revenue Fund to the ICJIA Violence Prevention Fund. | 26 | | (d) In addition to any other transfers that may be provided |
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| 1 | | for by law, on July 1, 2013, or as soon thereafter as | 2 | | practical, the State Comptroller shall direct and the State | 3 | | Treasurer shall transfer the sum of $1,500,000 from the General | 4 | | Revenue Fund to the Illinois Veterans Assistance Fund. | 5 | | (e) In addition to any other transfers that may be provided | 6 | | for by law, on July 1, 2013, or as soon thereafter as | 7 | | practical, the State Comptroller shall direct and the State | 8 | | Treasurer shall transfer the sum of $500,000 from the General | 9 | | Revenue Fund to the Senior Citizens Real Estate Deferred Tax | 10 | | Revolving Fund. | 11 | | (f) In addition to any other transfers that may be provided | 12 | | for by law, on July 1, 2013, or as soon thereafter as | 13 | | practical, the State Comptroller shall direct and the State | 14 | | Treasurer shall transfer the sum of $4,000,000 from the General | 15 | | Revenue Fund to the Digital Divide Elimination Fund. | 16 | | (g) In addition to any other transfers that may be provided | 17 | | for by law, on July 1, 2013, or as soon thereafter as | 18 | | practical, the State Comptroller shall direct and the State | 19 | | Treasurer shall transfer the sum of $5,000,000 from the General | 20 | | Revenue Fund to the Communications Revolving Fund. | 21 | | (h) In addition to any other transfers that may be provided | 22 | | for by law, on July 1, 2013, or as soon thereafter as | 23 | | practical, the State Comptroller shall direct and the State | 24 | | Treasurer shall transfer the sum of $9,800,000 from the General | 25 | | Revenue Fund to the Presidential Library and Museum Operating | 26 | | Fund. |
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| 1 | | (i) In addition to any other transfers that may be provided | 2 | | for by law, on and after July 1, 2014 and until May 1, 2015, at | 3 | | the direction of and upon notification from the Governor, the | 4 | | State Comptroller shall direct and the State Treasurer shall | 5 | | transfer amounts not exceeding a total of $80,000,000 from the | 6 | | General Revenue Fund to the Tobacco Settlement Recovery Fund. | 7 | | Any amounts so transferred shall be retransferred by the State | 8 | | Comptroller and the State Treasurer from the Tobacco Settlement | 9 | | Recovery Fund to the General Revenue Fund at the direction of | 10 | | and upon notification from the Governor, but in any event on or | 11 | | before June 30, 2015. | 12 | | (j) In addition to any other transfers that may be provided | 13 | | for by law, on July 1, 2014, or as soon thereafter as | 14 | | practical, the State Comptroller shall direct and the State | 15 | | Treasurer shall transfer the sum of $10,000,000 from the | 16 | | General Revenue Fund to the Presidential Library and Museum | 17 | | Operating Fund. | 18 | | (k) In addition to any other transfers that may be provided | 19 | | for by law, on and after July 1, 2015 and until May 1, 2016, at | 20 | | the direction of and upon notification from the Governor, the | 21 | | State Comptroller shall direct and the State Treasurer shall | 22 | | transfer amounts not exceeding a total of $80,000,000 from the | 23 | | General Revenue Fund to the Tobacco Settlement Recovery Fund. | 24 | | Any amounts so transferred shall be retransferred by the State | 25 | | Comptroller and the State Treasurer from the Tobacco Settlement | 26 | | Recovery Fund to the General Revenue Fund at the direction of |
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| 1 | | and upon notification from the Governor, but in any event on or | 2 | | before June 30, 2016. | 3 | | (Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; | 4 | | 98-674, eff. 6-30-14.)
| 5 | | (30 ILCS 105/5.27 rep.)
| 6 | | (30 ILCS 105/5.170 rep.)
| 7 | | (30 ILCS 105/5.243 rep.)
| 8 | | (30 ILCS 105/5.244 rep.)
| 9 | | Section 5-20. The State Finance Act is amended by repealing | 10 | | Sections 5.27, 5.170, 5.243, and 5.244. | 11 | | Section 5-25. The Illinois Public Aid Code is amended by | 12 | | changing Section 9A-11 as follows:
| 13 | | (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
| 14 | | Sec. 9A-11. Child Care.
| 15 | | (a) The General Assembly recognizes that families with | 16 | | children need child
care in order to work. Child care is | 17 | | expensive and families with low incomes,
including those who | 18 | | are transitioning from welfare to work, often struggle to
pay | 19 | | the costs of day care. The
General Assembly understands the | 20 | | importance of helping low income working
families become and | 21 | | remain self-sufficient. The General Assembly also believes
| 22 | | that it is the responsibility of families to share in the costs | 23 | | of child care.
It is also the preference of the General |
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| 1 | | Assembly that all working poor
families should be treated | 2 | | equally, regardless of their welfare status.
| 3 | | (b) To the extent resources permit, the Illinois Department | 4 | | shall provide
child care services to parents or other relatives | 5 | | as defined by rule who are
working or participating in | 6 | | employment or Department approved
education or training | 7 | | programs. At a minimum, the Illinois Department shall
cover the | 8 | | following categories of families:
| 9 | | (1) recipients of TANF under Article IV participating | 10 | | in work and training
activities as specified in the | 11 | | personal plan for employment and
self-sufficiency;
| 12 | | (2) families transitioning from TANF to work;
| 13 | | (3) families at risk of becoming recipients of TANF;
| 14 | | (4) families with special needs as defined by rule; and
| 15 | | (5) working families with very low incomes as defined | 16 | | by rule.
| 17 | | The Department shall provide child care services to all | 18 | | children who (i) are eligible for assistance, and (ii) are | 19 | | under age 13, or who are under age 19 and under court | 20 | | supervision, or who have physical or mental incapacities as | 21 | | documented by a statement from a local health provider or other | 22 | | health professional. | 23 | | The Department shall specify by rule the conditions of | 24 | | eligibility, the
application process, and the types, amounts, | 25 | | and duration of services.
Eligibility for
child care benefits | 26 | | and the amount of child care provided may vary based on
family |
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| 1 | | size, income,
and other factors as specified by rule.
| 2 | | In determining income eligibility for child care benefits, | 3 | | the Department
annually, at the beginning of each fiscal year, | 4 | | shall
establish, by rule, one income threshold for each family | 5 | | size, in relation to
percentage of State median income for a | 6 | | family of that size, that makes
families with incomes below the | 7 | | specified threshold eligible for assistance
and families with | 8 | | incomes above the specified threshold ineligible for
| 9 | | assistance. Through and including fiscal year 2007, the | 10 | | specified threshold must be no less than 50% of the
| 11 | | then-current State median income for each family size. | 12 | | Beginning in fiscal year 2008, the specified threshold must be | 13 | | no less than 185% of the then-current federal poverty level for | 14 | | each family size.
| 15 | | In determining eligibility for
assistance, the Department | 16 | | shall not give preference to any category of
recipients
or give | 17 | | preference to individuals based on their receipt of benefits | 18 | | under this
Code.
| 19 | | The Department shall allocate $7,500,000 annually for a | 20 | | test program for
families who are income-eligible for child | 21 | | care assistance, who
are not recipients of TANF under Article | 22 | | IV, and who need child care assistance
to participate in | 23 | | education and training activities. The
Department shall | 24 | | specify by rule the conditions of eligibility for this test
| 25 | | program.
| 26 | | Nothing in this Section shall be
construed as conferring |
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| 1 | | entitlement status to eligible families.
| 2 | | The Illinois
Department is authorized to lower income | 3 | | eligibility ceilings, raise parent
co-payments, create waiting | 4 | | lists, or take such other actions during a fiscal
year as are | 5 | | necessary to ensure that child care benefits paid under this
| 6 | | Article do not exceed the amounts appropriated for those child | 7 | | care benefits.
These changes may be accomplished by emergency | 8 | | rule under Section 5-45 of the
Illinois Administrative | 9 | | Procedure Act, except that the limitation on the number
of | 10 | | emergency rules that may be adopted in a 24-month period shall | 11 | | not apply.
| 12 | | The Illinois Department may contract with other State | 13 | | agencies or child care
organizations for the administration of | 14 | | child care services.
| 15 | | (c) Payment shall be made for child care that otherwise | 16 | | meets the
requirements of this Section and applicable standards | 17 | | of State and local
law and regulation, including any | 18 | | requirements the Illinois Department
promulgates by rule in | 19 | | addition to the licensure
requirements
promulgated by the | 20 | | Department of Children and Family Services and Fire
Prevention | 21 | | and Safety requirements promulgated by the Office of the State
| 22 | | Fire Marshal and is provided in any of the following:
| 23 | | (1) a child care center which is licensed or exempt | 24 | | from licensure
pursuant to Section 2.09 of the Child Care | 25 | | Act of 1969;
| 26 | | (2) a licensed child care home or home exempt from |
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| 1 | | licensing;
| 2 | | (3) a licensed group child care home;
| 3 | | (4) other types of child care, including child care | 4 | | provided
by relatives or persons living in the same home as | 5 | | the child, as determined by
the Illinois Department by | 6 | | rule.
| 7 | | (c-5)
Solely for the purposes of coverage under the | 8 | | Illinois Public Labor Relations Act, child and day care home | 9 | | providers, including licensed and license exempt, | 10 | | participating in the Department's child care assistance | 11 | | program shall be considered to be public employees and the | 12 | | State of Illinois shall be considered to be their employer as | 13 | | of the effective date of this amendatory Act of the 94th | 14 | | General Assembly, but not before. The State shall engage in | 15 | | collective bargaining with an exclusive representative of | 16 | | child and day care home providers participating in the child | 17 | | care assistance program concerning their terms and conditions | 18 | | of employment that are within the State's control. Nothing in | 19 | | this subsection shall be understood to limit the right of | 20 | | families receiving services defined in this Section to select | 21 | | child and day care home providers or supervise them within the | 22 | | limits of this Section. The State shall not be considered to be | 23 | | the employer of child and day care home providers for any | 24 | | purposes not specifically provided in this amendatory Act of | 25 | | the 94th General Assembly, including but not limited to, | 26 | | purposes of vicarious liability in tort and purposes of |
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| 1 | | statutory retirement or health insurance benefits. Child and | 2 | | day care home providers shall not be covered by the State | 3 | | Employees Group Insurance Act of 1971. | 4 | | In according child and day care home providers and their | 5 | | selected representative rights under the Illinois Public Labor | 6 | | Relations Act, the State intends that the State action | 7 | | exemption to application of federal and State antitrust laws be | 8 | | fully available to the extent that their activities are | 9 | | authorized by this amendatory Act of the 94th General Assembly.
| 10 | | (d) The Illinois Department shall establish, by rule, a | 11 | | co-payment scale that provides for cost sharing by families | 12 | | that receive
child care services, including parents whose only | 13 | | income is from
assistance under this Code. The co-payment shall | 14 | | be based on family income and family size and may be based on | 15 | | other factors as appropriate. Co-payments may be waived for | 16 | | families whose incomes are at or below the federal poverty | 17 | | level.
| 18 | | (d-5) The Illinois Department, in consultation with its | 19 | | Child Care and Development Advisory Council, shall develop a | 20 | | plan to revise the child care assistance program's co-payment | 21 | | scale. The plan shall be completed no later than February 1, | 22 | | 2008, and shall include: | 23 | | (1) findings as to the percentage of income that the | 24 | | average American family spends on child care and the | 25 | | relative amounts that low-income families and the average | 26 | | American family spend on other necessities of life;
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| 1 | | (2) recommendations for revising the child care | 2 | | co-payment scale to assure that families receiving child | 3 | | care services from the Department are paying no more than | 4 | | they can reasonably afford; | 5 | | (3) recommendations for revising the child care | 6 | | co-payment scale to provide at-risk children with complete | 7 | | access to Preschool for All and Head Start; and | 8 | | (4) recommendations for changes in child care program | 9 | | policies that affect the affordability of child care.
| 10 | | (e) (Blank).
| 11 | | (f) The Illinois Department shall, by rule, set rates to be | 12 | | paid for the
various types of child care. Child care may be | 13 | | provided through one of the
following methods:
| 14 | | (1) arranging the child care through eligible | 15 | | providers by use of
purchase of service contracts or | 16 | | vouchers;
| 17 | | (2) arranging with other agencies and community | 18 | | volunteer groups for
non-reimbursed child care;
| 19 | | (3) (blank); or
| 20 | | (4) adopting such other arrangements as the Department | 21 | | determines
appropriate.
| 22 | | (f-5) (Blank). | 23 | | (g) Families eligible for assistance under this Section | 24 | | shall be given the
following options:
| 25 | | (1) receiving a child care certificate issued by the | 26 | | Department or a
subcontractor of the Department that may be |
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| 1 | | used by the parents as payment for
child care and | 2 | | development services only; or
| 3 | | (2) if space is available, enrolling the child with a | 4 | | child care provider
that has a purchase of service contract | 5 | | with the Department or a subcontractor
of the Department | 6 | | for the provision of child care and development services.
| 7 | | The Department may identify particular priority | 8 | | populations for whom they may
request special | 9 | | consideration by a provider with purchase of service
| 10 | | contracts, provided that the providers shall be permitted | 11 | | to maintain a balance
of clients in terms of household | 12 | | incomes and families and children with special
needs, as | 13 | | defined by rule.
| 14 | | (Source: P.A. 97-422, eff. 8-16-11.)
| 15 | | ARTICLE 9. GENERAL PROVISIONS
| 16 | | Section 9-99. Effective date. This Act takes effect July 1, | 17 | | 2015. |
|