Full Text of HB3516 101st General Assembly
HB3516eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Rehabilitation of Persons with Disabilities | 5 | | Act is 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 | 11 | | Rehabilitation Act of 1973, as amended,
of the Workforce
| 12 | | Innovation and Opportunity Act,
and of the federal Social | 13 | | Security Act to the extent and in the manner
provided in | 14 | | these Acts.
| 15 | | (b) To prescribe and supervise such courses of | 16 | | vocational training
and provide such other services as may | 17 | | be necessary for the habilitation
and rehabilitation of | 18 | | persons with one or more disabilities, including the
| 19 | | administrative activities under subsection (e) of this | 20 | | Section, and to
co-operate with State and local school | 21 | | authorities and other recognized
agencies engaged in | 22 | | habilitation, rehabilitation and comprehensive
| 23 | | rehabilitation services; and to cooperate with the |
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| 1 | | Department of Children
and Family Services regarding the | 2 | | care and education of children with one
or more | 3 | | disabilities.
| 4 | | (c) (Blank).
| 5 | | (d) To report in writing, to the Governor, annually on | 6 | | or before the
first day of December, and at such other | 7 | | times and in such manner and
upon such subjects as the | 8 | | Governor may require. The annual report shall
contain (1) a | 9 | | statement of the existing condition of comprehensive
| 10 | | rehabilitation services, habilitation and rehabilitation | 11 | | in the State;
(2) a statement of suggestions and | 12 | | recommendations with reference to the
development of | 13 | | comprehensive rehabilitation services, habilitation and
| 14 | | rehabilitation in the State; and (3) an itemized statement | 15 | | of the
amounts of money received from federal, State and | 16 | | other sources, and of
the objects and purposes to which the | 17 | | respective items of these several
amounts have been | 18 | | devoted.
| 19 | | (e) (Blank).
| 20 | | (f) To establish a program of services to prevent the | 21 | | unnecessary
institutionalization of persons in need of | 22 | | long term care and who meet the criteria for blindness or | 23 | | disability as defined by the Social Security Act, thereby | 24 | | enabling them to
remain in their own homes. Such preventive
| 25 | | services include any or all of the following:
| 26 | | (1) personal assistant services;
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| 1 | | (2) homemaker services;
| 2 | | (3) home-delivered meals;
| 3 | | (4) adult day care services;
| 4 | | (5) respite care;
| 5 | | (6) home modification or assistive equipment;
| 6 | | (7) home health services;
| 7 | | (8) electronic home response;
| 8 | | (9) brain injury behavioral/cognitive services;
| 9 | | (10) brain injury habilitation;
| 10 | | (11) brain injury pre-vocational services; or
| 11 | | (12) brain injury supported employment.
| 12 | | The Department shall establish eligibility
standards | 13 | | for such services taking into consideration the unique
| 14 | | economic and social needs of the population for whom they | 15 | | are to
be provided. Such eligibility standards may be based | 16 | | on the recipient's
ability to pay for services; provided, | 17 | | however, that any portion of a
person's income that is | 18 | | equal to or less than the "protected income" level
shall | 19 | | not be considered by the Department in determining | 20 | | eligibility. The
"protected income" level shall be | 21 | | determined by the Department, shall never be
less than the | 22 | | federal poverty standard, and shall be adjusted each year | 23 | | to
reflect changes in the Consumer Price Index For All | 24 | | Urban Consumers as
determined by the United States | 25 | | Department of Labor. The standards must
provide that a | 26 | | person may not have more than $10,000 in assets to be |
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| 1 | | eligible for the services, and the Department may increase | 2 | | or decrease the asset limitation by rule. The Department | 3 | | may not decrease the asset level below $10,000.
| 4 | | The services shall be provided, as established by the
| 5 | | Department by rule, to eligible persons
to prevent | 6 | | unnecessary or premature institutionalization, to
the | 7 | | extent that the cost of the services, together with the
| 8 | | other personal maintenance expenses of the persons, are | 9 | | reasonably
related to the standards established for care in | 10 | | a group facility
appropriate to their condition. | 11 | | Notwithstanding this paragraph, medical services shall be | 12 | | provided, including, but not limited to, nursing staff | 13 | | services for basic medical care. These non-institutional
| 14 | | services, pilot projects or experimental facilities may be | 15 | | provided as part of
or in addition to those authorized by | 16 | | federal law or those funded and
administered by the | 17 | | Illinois Department on Aging. The Department shall set | 18 | | rates and fees for services in a fair and equitable manner. | 19 | | Services identical to those offered by the Department on | 20 | | Aging shall be paid at the same rate.
| 21 | | Except as otherwise provided in this paragraph, | 22 | | personal assistants shall be paid at a rate negotiated
| 23 | | between the State and an exclusive representative of | 24 | | personal
assistants under a collective bargaining | 25 | | agreement. In no case
shall the Department pay personal | 26 | | assistants an hourly wage
that is less than the federal |
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| 1 | | minimum wage. Within 30 days after July 6, 2017 (the | 2 | | effective date of Public Act 100-23), the hourly wage paid | 3 | | to personal assistants and individual maintenance home | 4 | | health workers shall be increased by $0.48 per hour.
| 5 | | Solely for the purposes of coverage under the Illinois | 6 | | Public Labor
Relations
Act, personal assistants providing
| 7 | | services under
the Department's Home Services Program | 8 | | shall be considered to be public
employees
and the State of | 9 | | Illinois shall be considered to be their employer as of | 10 | | July 16, 2003 (the
effective date of Public Act 93-204), | 11 | | but not before. Solely for the purposes of coverage under | 12 | | the Illinois Public Labor Relations Act, home care and home | 13 | | health workers who function as personal assistants and | 14 | | individual maintenance home health workers and who also | 15 | | provide services under the Department's Home Services | 16 | | Program shall be considered to be public employees, no | 17 | | matter whether the State provides such services through | 18 | | direct fee-for-service arrangements, with the assistance | 19 | | of a managed care organization or other intermediary, or | 20 | | otherwise, and the State of Illinois shall be considered to | 21 | | be the employer of those persons as of January 29, 2013 | 22 | | (the effective date of Public Act 97-1158), but not before | 23 | | except as otherwise provided under this subsection (f). The | 24 | | State
shall
engage in collective bargaining with an | 25 | | exclusive representative of home care and home health | 26 | | workers who function as personal assistants and individual |
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| 1 | | maintenance home health workers working under the Home | 2 | | Services Program
concerning
their terms and conditions of | 3 | | employment that are within the State's control.
Nothing in
| 4 | | this paragraph shall be understood to limit the right of | 5 | | the persons receiving
services
defined in this Section to | 6 | | hire and fire
home care and home health workers who | 7 | | function as personal assistants
and individual maintenance | 8 | | home health workers working under the Home Services Program | 9 | | or to supervise them within the limitations set by the Home | 10 | | Services Program. The
State
shall not be considered to be | 11 | | the employer of
home care and home health workers who | 12 | | function as personal
assistants and individual maintenance | 13 | | home health workers working under the Home Services Program | 14 | | for any purposes not specifically provided in Public Act | 15 | | 93-204 or Public Act 97-1158, including but not limited to, | 16 | | purposes of vicarious liability
in tort and
purposes of | 17 | | statutory retirement or health insurance benefits. Home | 18 | | care and home health workers who function as personal | 19 | | assistants and individual maintenance home health workers | 20 | | and who also provide services under the Department's Home | 21 | | Services Program shall not be covered by the State | 22 | | Employees Group
Insurance Act
of 1971.
| 23 | | The Department shall execute, relative to nursing home | 24 | | prescreening, as authorized by Section 4.03 of the Illinois | 25 | | Act on the Aging,
written inter-agency agreements with the | 26 | | Department on Aging and
the Department of Healthcare and |
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| 1 | | Family Services, to effect the intake procedures
and | 2 | | eligibility criteria for those persons who may need long | 3 | | term care. On and after July 1, 1996, all nursing
home | 4 | | prescreenings for individuals 18 through 59 years of age | 5 | | shall be
conducted by the Department, or a designee of the
| 6 | | Department.
| 7 | | The Department is authorized to establish a system of | 8 | | recipient cost-sharing
for services provided under this | 9 | | Section. The cost-sharing shall be based upon
the | 10 | | recipient's ability to pay for services, but in no case | 11 | | shall the
recipient's share exceed the actual cost of the | 12 | | services provided. Protected
income shall not be | 13 | | considered by the Department in its determination of the
| 14 | | recipient's ability to pay a share of the cost of services. | 15 | | The level of
cost-sharing shall be adjusted each year to | 16 | | reflect changes in the "protected
income" level. The | 17 | | Department shall deduct from the recipient's share of the
| 18 | | cost of services any money expended by the recipient for | 19 | | disability-related
expenses.
| 20 | | To the extent permitted under the federal Social | 21 | | Security Act, the Department, or the Department's | 22 | | authorized representative, may recover
the amount of | 23 | | moneys expended for services provided to or in behalf of a | 24 | | person
under this Section by a claim against the person's | 25 | | estate or against the estate
of the person's surviving | 26 | | spouse, but no recovery may be had until after the
death of |
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| 1 | | the surviving spouse, if any, and then only at such time | 2 | | when there is
no surviving child who is under age 21 or | 3 | | blind or who has a permanent and total disability. This | 4 | | paragraph, however, shall not bar recovery, at the death of | 5 | | the
person, of moneys for services provided to the person | 6 | | or in behalf of the
person under this Section to which the | 7 | | person was not entitled; provided that
such recovery shall | 8 | | not be enforced against any real estate while
it is | 9 | | occupied as a homestead by the surviving spouse or other | 10 | | dependent, if no
claims by other creditors have been filed | 11 | | against the estate, or, if such
claims have been filed, | 12 | | they remain dormant for failure of prosecution or
failure | 13 | | of the claimant to compel administration of the estate for | 14 | | the purpose
of payment. This paragraph shall not bar | 15 | | recovery from the estate of a spouse,
under Sections 1915 | 16 | | and 1924 of the Social Security Act and Section 5-4 of the
| 17 | | Illinois Public Aid Code, who precedes a person receiving | 18 | | services under this
Section in death. All moneys for | 19 | | services
paid to or in behalf of the person under this | 20 | | Section shall be claimed for
recovery from the deceased | 21 | | spouse's estate. "Homestead", as used in this
paragraph, | 22 | | means the dwelling house and
contiguous real estate | 23 | | occupied by a surviving spouse or relative, as defined
by | 24 | | the rules and regulations of the Department of Healthcare | 25 | | and Family Services,
regardless of the value of the | 26 | | property.
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| 1 | | The Department shall submit an annual report on | 2 | | programs and
services provided under this Section. The | 3 | | report shall be filed
with the Governor and the General | 4 | | Assembly on or before March
30
each year.
| 5 | | The requirement for reporting to the General Assembly | 6 | | shall be satisfied
by filing copies of the report
as | 7 | | required by Section 3.1 of the General Assembly | 8 | | Organization Act, and filing
additional copies with the | 9 | | State
Government Report Distribution Center for the | 10 | | General Assembly as
required under paragraph (t) of Section | 11 | | 7 of the State Library Act.
| 12 | | (g) To establish such subdivisions of the Department
as | 13 | | shall be desirable and assign to the various subdivisions | 14 | | the
responsibilities and duties placed upon the Department | 15 | | by law.
| 16 | | (h) To cooperate and enter into any necessary | 17 | | agreements with the
Department of Employment Security for | 18 | | the provision of job placement and
job referral services to | 19 | | clients of the Department, including job
service | 20 | | registration of such clients with Illinois Employment | 21 | | Security
offices and making job listings maintained by the | 22 | | Department of Employment
Security available to such | 23 | | clients.
| 24 | | (i) To possess all powers reasonable and necessary for
| 25 | | the exercise and administration of the powers, duties and
| 26 | | responsibilities of the Department which are provided for |
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| 1 | | by law.
| 2 | | (j) (Blank).
| 3 | | (k) (Blank).
| 4 | | (l) To establish, operate, and maintain a Statewide | 5 | | Housing Clearinghouse
of information on available | 6 | | government subsidized housing accessible to
persons with | 7 | | disabilities and available privately owned housing | 8 | | accessible to
persons with disabilities. The information | 9 | | shall include, but not be limited to, the
location, rental | 10 | | requirements, access features and proximity to public
| 11 | | transportation of available housing. The Clearinghouse | 12 | | shall consist
of at least a computerized database for the | 13 | | storage and retrieval of
information and a separate or | 14 | | shared toll free telephone number for use by
those seeking | 15 | | information from the Clearinghouse. Department offices and
| 16 | | personnel throughout the State shall also assist in the | 17 | | operation of the
Statewide Housing Clearinghouse. | 18 | | Cooperation with local, State, and federal
housing | 19 | | managers shall be sought and extended in order to | 20 | | frequently and
promptly update the Clearinghouse's | 21 | | information.
| 22 | | (m) To assure that the names and case records of | 23 | | persons who received or
are
receiving services from the | 24 | | Department, including persons receiving vocational
| 25 | | rehabilitation, home services, or other services, and | 26 | | those attending one of
the Department's schools or other |
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| 1 | | supervised facility shall be confidential and
not be open | 2 | | to the general public. Those case records and reports or | 3 | | the
information contained in those records and reports | 4 | | shall be disclosed by the
Director only to proper law | 5 | | enforcement officials, individuals authorized by a
court, | 6 | | the General Assembly or any committee or commission of the | 7 | | General
Assembly, and other persons and for reasons as the | 8 | | Director designates by rule.
Disclosure by the Director may | 9 | | be only in accordance with other applicable
law.
| 10 | | (Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17; | 11 | | 100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff. | 12 | | 8-14-18; 100-1148, eff. 12-10-18.)
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