Full Text of SB3590 96th General Assembly
SB3590enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Act on the Aging is amended by | 5 |
| changing Section 4.02 as follows:
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| (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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| Sec. 4.02. Community Care Program. The Department shall | 8 |
| establish a program of services to
prevent unnecessary | 9 |
| institutionalization of persons age 60 and older in
need of | 10 |
| long term care or who are established as persons who suffer | 11 |
| from
Alzheimer's disease or a related disorder under the | 12 |
| Alzheimer's Disease
Assistance Act, thereby enabling them
to | 13 |
| remain in their own homes or in other living arrangements. Such
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| preventive services, which may be coordinated with other | 15 |
| programs for the
aged and monitored by area agencies on aging | 16 |
| in cooperation with the
Department, may include, but are not | 17 |
| limited to, any or all of the following:
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| (a) (blank);
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| (b) (blank);
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| (c) home care aide services;
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| (d) personal assistant services;
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| (e) adult day services;
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| (f) home-delivered meals;
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| (g) education in self-care;
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| (h) personal care services;
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| (i) adult day health services;
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| (j) habilitation services;
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| (k) respite care;
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| (k-5) community reintegration services;
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| (k-6) flexible senior services; | 8 |
| (k-7) medication management; | 9 |
| (k-8) emergency home response;
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| (l) other nonmedical social services that may enable | 11 |
| the person
to become self-supporting; or
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| (m) clearinghouse for information provided by senior | 13 |
| citizen home owners
who want to rent rooms to or share | 14 |
| living space with other senior citizens.
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| The Department shall establish eligibility standards for | 16 |
| such
services taking into consideration the unique economic and | 17 |
| social needs
of the target population for whom they are to be | 18 |
| provided. Such eligibility
standards shall be based on the | 19 |
| recipient's ability to pay for services;
provided, however, | 20 |
| that in determining the amount and nature of services
for which | 21 |
| a person may qualify, consideration shall not be given to the
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| value of cash, property or other assets held in the name of the | 23 |
| person's
spouse pursuant to a written agreement dividing | 24 |
| marital property into equal
but separate shares or pursuant to | 25 |
| a transfer of the person's interest in a
home to his spouse, | 26 |
| provided that the spouse's share of the marital
property is not |
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| made available to the person seeking such services.
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| Beginning July 1, 2002, the Department shall require as a | 3 |
| condition of
eligibility that all financially eligible | 4 |
| applicants apply
for medical assistance
under Article V of the | 5 |
| Illinois Public Aid Code in accordance with rules
promulgated | 6 |
| by the Department.
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| Beginning January 1, 2008, the Department shall require as | 8 |
| a condition of eligibility that all new financially eligible | 9 |
| applicants apply for and enroll in medical assistance under | 10 |
| Article V of the Illinois Public Aid Code in accordance with | 11 |
| rules promulgated by the Department.
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| The Department shall, in conjunction with the Department of | 13 |
| Public Aid (now Department of Healthcare and Family Services),
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| seek appropriate amendments under Sections 1915 and 1924 of the | 15 |
| Social
Security Act. The purpose of the amendments shall be to | 16 |
| extend eligibility
for home and community based services under | 17 |
| Sections 1915 and 1924 of the
Social Security Act to persons | 18 |
| who transfer to or for the benefit of a
spouse those amounts of | 19 |
| income and resources allowed under Section 1924 of
the Social | 20 |
| Security Act. Subject to the approval of such amendments, the
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| Department shall extend the provisions of Section 5-4 of the | 22 |
| Illinois
Public Aid Code to persons who, but for the provision | 23 |
| of home or
community-based services, would require the level of | 24 |
| care provided in an
institution, as is provided for in federal | 25 |
| law. Those persons no longer
found to be eligible for receiving | 26 |
| noninstitutional services due to changes
in the eligibility |
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| criteria shall be given 60 days notice prior to actual
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| termination. Those persons receiving notice of termination may | 3 |
| contact the
Department and request the determination be | 4 |
| appealed at any time during the
60 day notice period. With the | 5 |
| exception of the lengthened notice and time
frame for the | 6 |
| appeal request, the appeal process shall follow the normal
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| procedure. In addition, each person affected regardless of the
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| circumstances for discontinued eligibility shall be given | 9 |
| notice and the
opportunity to purchase the necessary services | 10 |
| through the Community Care
Program. If the individual does not | 11 |
| elect to purchase services, the
Department shall advise the | 12 |
| individual of alternative services. The target
population | 13 |
| identified for the purposes of this Section are persons age 60
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| and older with an identified service need. Priority shall be | 15 |
| given to those
who are at imminent risk of | 16 |
| institutionalization. The services shall be
provided to | 17 |
| eligible persons age 60 and older to the extent that the cost
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| of the services together with the other personal maintenance
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| expenses of the persons are reasonably related to the standards
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| established for care in a group facility appropriate to the | 21 |
| person's
condition. These non-institutional services, pilot | 22 |
| projects or
experimental facilities may be provided as part of | 23 |
| or in addition to
those authorized by federal law or those | 24 |
| funded and administered by the
Department of Human Services. | 25 |
| The Departments of Human Services, Healthcare and Family | 26 |
| Services,
Public Health, Veterans' Affairs, and Commerce and |
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| Economic Opportunity and
other appropriate agencies of State, | 2 |
| federal and local governments shall
cooperate with the | 3 |
| Department on Aging in the establishment and development
of the | 4 |
| non-institutional services. The Department shall require an | 5 |
| annual
audit from all personal assistant
and home care aide | 6 |
| vendors contracting with
the Department under this Section. The | 7 |
| annual audit shall assure that each
audited vendor's procedures | 8 |
| are in compliance with Department's financial
reporting | 9 |
| guidelines requiring an administrative and employee wage and | 10 |
| benefits cost split as defined in administrative rules. The | 11 |
| audit is a public record under
the Freedom of Information Act. | 12 |
| The Department shall execute, relative to
the nursing home | 13 |
| prescreening project, written inter-agency
agreements with the | 14 |
| Department of Human Services and the Department
of Healthcare | 15 |
| and Family Services, to effect the following: (1) intake | 16 |
| procedures and common
eligibility criteria for those persons | 17 |
| who are receiving non-institutional
services; and (2) the | 18 |
| establishment and development of non-institutional
services in | 19 |
| areas of the State where they are not currently available or | 20 |
| are
undeveloped. On and after July 1, 1996, all nursing home | 21 |
| prescreenings for
individuals 60 years of age or older shall be | 22 |
| conducted by the Department.
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| As part of the Department on Aging's routine training of | 24 |
| case managers and case manager supervisors, the Department may | 25 |
| include information on family futures planning for persons who | 26 |
| are age 60 or older and who are caregivers of their adult |
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| children with developmental disabilities. The content of the | 2 |
| training shall be at the Department's discretion. | 3 |
| The Department is authorized to establish a system of | 4 |
| recipient copayment
for services provided under this Section, | 5 |
| such copayment to be based upon
the recipient's ability to pay | 6 |
| but in no case to exceed the actual cost of
the services | 7 |
| provided. Additionally, any portion of a person's income which
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| is equal to or less than the federal poverty standard shall not | 9 |
| be
considered by the Department in determining the copayment. | 10 |
| The level of
such copayment shall be adjusted whenever | 11 |
| necessary to reflect any change
in the officially designated | 12 |
| federal poverty standard.
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| The Department, or the Department's authorized | 14 |
| representative, shall
recover the amount of moneys expended for | 15 |
| services provided to or in
behalf of a person under this | 16 |
| Section by a claim against the person's
estate or against the | 17 |
| estate of the person's surviving spouse, but no
recovery may be | 18 |
| had until after the death of the surviving spouse, if
any, and | 19 |
| then only at such time when there is no surviving child who
is | 20 |
| under age 21, blind, or permanently and totally disabled. This
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| paragraph, however, shall not bar recovery, at the death of the | 22 |
| person, of
moneys for services provided to the person or in | 23 |
| behalf of the person under
this Section to which the person was | 24 |
| not entitled;
provided that such recovery shall not be enforced | 25 |
| against any real estate while
it is occupied as a homestead by | 26 |
| the surviving spouse or other dependent, if no
claims by other |
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| creditors have been filed against the estate, or, if such
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| claims have been filed, they remain dormant for failure of | 3 |
| prosecution or
failure of the claimant to compel administration | 4 |
| of the estate for the purpose
of payment. This paragraph shall | 5 |
| not bar recovery from the estate of a spouse,
under Sections | 6 |
| 1915 and 1924 of the Social Security Act and Section 5-4 of the
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| Illinois Public Aid Code, who precedes a person receiving | 8 |
| services under this
Section in death. All moneys for services
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| paid to or in behalf of the person under this Section shall be | 10 |
| claimed for
recovery from the deceased spouse's estate. | 11 |
| "Homestead", as used
in this paragraph, means the dwelling | 12 |
| house and
contiguous real estate occupied by a surviving spouse
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| or relative, as defined by the rules and regulations of the | 14 |
| Department of Healthcare and Family Services, regardless of the | 15 |
| value of the property.
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| The Department shall increase the effectiveness of the | 17 |
| existing Community Care Program by: | 18 |
| (1) ensuring that in-home services included in the care | 19 |
| plan are available on evenings and weekends; | 20 |
| (2) ensuring that care plans contain the services that | 21 |
| eligible participants
need based on the number of days in a | 22 |
| month, not limited to specific blocks of time, as | 23 |
| identified by the comprehensive assessment tool selected | 24 |
| by the Department for use statewide, not to exceed the | 25 |
| total monthly service cost maximum allowed for each | 26 |
| service; the Department shall develop administrative rules |
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| to implement this item (2); | 2 |
| (3) ensuring that the participants have the right to | 3 |
| choose the services contained in their care plan and to | 4 |
| direct how those services are provided, based on | 5 |
| administrative rules established by the Department; | 6 |
| (4) ensuring that the determination of need tool is | 7 |
| accurate in determining the participants' level of need; to | 8 |
| achieve this, the Department, in conjunction with the Older | 9 |
| Adult Services Advisory Committee, shall institute a study | 10 |
| of the relationship between the Determination of Need | 11 |
| scores, level of need, service cost maximums, and the | 12 |
| development and utilization of service plans no later than | 13 |
| May 1, 2008; findings and recommendations shall be | 14 |
| presented to the Governor and the General Assembly no later | 15 |
| than January 1, 2009; recommendations shall include all | 16 |
| needed changes to the service cost maximums schedule and | 17 |
| additional covered services; | 18 |
| (5) ensuring that homemakers can provide personal care | 19 |
| services that may or may not involve contact with clients, | 20 |
| including but not limited to: | 21 |
| (A) bathing; | 22 |
| (B) grooming; | 23 |
| (C) toileting; | 24 |
| (D) nail care; | 25 |
| (E) transferring; | 26 |
| (F) respiratory services; |
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| (G) exercise; or | 2 |
| (H) positioning; | 3 |
| (6) ensuring that homemaker program vendors are not | 4 |
| restricted from hiring homemakers who are family members of | 5 |
| clients or recommended by clients; the Department may not, | 6 |
| by rule or policy, require homemakers who are family | 7 |
| members of clients or recommended by clients to accept | 8 |
| assignments in homes other than the client; and | 9 |
| (7) ensuring that the State may access maximum federal | 10 |
| matching funds by seeking approval for the Centers for | 11 |
| Medicare and Medicaid Services for modifications to the | 12 |
| State's home and community based services waiver and | 13 |
| additional waiver opportunities in order to maximize | 14 |
| federal matching funds; this shall include, but not be | 15 |
| limited to, modification that reflects all changes in the | 16 |
| Community Care Program services and all increases in the | 17 |
| services cost maximum ; and . | 18 |
| (8) ensuring that the determination of need tool | 19 |
| accurately reflects the service needs of individuals with | 20 |
| Alzheimer's disease and related dementia disorders. | 21 |
| By January 1, 2009 or as soon after the end of the Cash and | 22 |
| Counseling Demonstration Project as is practicable, the | 23 |
| Department may, based on its evaluation of the demonstration | 24 |
| project, promulgate rules concerning personal assistant | 25 |
| services, to include, but need not be limited to, | 26 |
| qualifications, employment screening, rights under fair labor |
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| standards, training, fiduciary agent, and supervision | 2 |
| requirements. All applicants shall be subject to the provisions | 3 |
| of the Health Care Worker Background Check Act.
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| The Department shall develop procedures to enhance | 5 |
| availability of
services on evenings, weekends, and on an | 6 |
| emergency basis to meet the
respite needs of caregivers. | 7 |
| Procedures shall be developed to permit the
utilization of | 8 |
| services in successive blocks of 24 hours up to the monthly
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| maximum established by the Department. Workers providing these | 10 |
| services
shall be appropriately trained.
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| Beginning on the effective date of this Amendatory Act of | 12 |
| 1991, no person
may perform chore/housekeeping and home care | 13 |
| aide services under a program
authorized by this Section unless | 14 |
| that person has been issued a certificate
of pre-service to do | 15 |
| so by his or her employing agency. Information
gathered to | 16 |
| effect such certification shall include (i) the person's name,
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| (ii) the date the person was hired by his or her current | 18 |
| employer, and
(iii) the training, including dates and levels. | 19 |
| Persons engaged in the
program authorized by this Section | 20 |
| before the effective date of this
amendatory Act of 1991 shall | 21 |
| be issued a certificate of all pre- and
in-service training | 22 |
| from his or her employer upon submitting the necessary
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| information. The employing agency shall be required to retain | 24 |
| records of
all staff pre- and in-service training, and shall | 25 |
| provide such records to
the Department upon request and upon | 26 |
| termination of the employer's contract
with the Department. In |
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| addition, the employing agency is responsible for
the issuance | 2 |
| of certifications of in-service training completed to their
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| employees.
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| The Department is required to develop a system to ensure | 5 |
| that persons
working as home care aides and personal assistants
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| receive increases in their
wages when the federal minimum wage | 7 |
| is increased by requiring vendors to
certify that they are | 8 |
| meeting the federal minimum wage statute for home care aides
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| and personal assistants. An employer that cannot ensure that | 10 |
| the minimum
wage increase is being given to home care aides and | 11 |
| personal assistants
shall be denied any increase in | 12 |
| reimbursement costs.
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| The Community Care Program Advisory Committee is created in | 14 |
| the Department on Aging. The Director shall appoint individuals | 15 |
| to serve in the Committee, who shall serve at their own | 16 |
| expense. Members of the Committee must abide by all applicable | 17 |
| ethics laws. The Committee shall advise the Department on | 18 |
| issues related to the Department's program of services to | 19 |
| prevent unnecessary institutionalization. The Committee shall | 20 |
| meet on a bi-monthly basis and shall serve to identify and | 21 |
| advise the Department on present and potential issues affecting | 22 |
| the service delivery network, the program's clients, and the | 23 |
| Department and to recommend solution strategies. Persons | 24 |
| appointed to the Committee shall be appointed on, but not | 25 |
| limited to, their own and their agency's experience with the | 26 |
| program, geographic representation, and willingness to serve. |
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| The Director shall appoint members to the Committee to | 2 |
| represent provider, advocacy, policy research, and other | 3 |
| constituencies committed to the delivery of high quality home | 4 |
| and community-based services to older adults. Representatives | 5 |
| shall be appointed to ensure representation from community care | 6 |
| providers including, but not limited to, adult day service | 7 |
| providers, homemaker providers, case coordination and case | 8 |
| management units, emergency home response providers, statewide | 9 |
| trade or labor unions that represent home care
aides and direct | 10 |
| care staff, area agencies on aging, adults over age 60, | 11 |
| membership organizations representing older adults, and other | 12 |
| organizational entities, providers of care, or individuals | 13 |
| with demonstrated interest and expertise in the field of home | 14 |
| and community care as determined by the Director. | 15 |
| Nominations may be presented from any agency or State | 16 |
| association with interest in the program. The Director, or his | 17 |
| or her designee, shall serve as the permanent co-chair of the | 18 |
| advisory committee. One other co-chair shall be nominated and | 19 |
| approved by the members of the committee on an annual basis. | 20 |
| Committee members' terms of appointment shall be for 4 years | 21 |
| with one-quarter of the appointees' terms expiring each year. A | 22 |
| member shall continue to serve until his or her replacement is | 23 |
| named. The Department shall fill vacancies that have a | 24 |
| remaining term of over one year, and this replacement shall | 25 |
| occur through the annual replacement of expiring terms. The | 26 |
| Director shall designate Department staff to provide technical |
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| assistance and staff support to the committee. Department | 2 |
| representation shall not constitute membership of the | 3 |
| committee. All Committee papers, issues, recommendations, | 4 |
| reports, and meeting memoranda are advisory only. The Director, | 5 |
| or his or her designee, shall make a written report, as | 6 |
| requested by the Committee, regarding issues before the | 7 |
| Committee.
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| The Department on Aging and the Department of Human | 9 |
| Services
shall cooperate in the development and submission of | 10 |
| an annual report on
programs and services provided under this | 11 |
| Section. Such joint report
shall be filed with the Governor and | 12 |
| the General Assembly on or before
September 30 each year.
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| The requirement for reporting to the General Assembly shall | 14 |
| be satisfied
by filing copies of the report with the Speaker, | 15 |
| the Minority Leader and
the Clerk of the House of | 16 |
| Representatives and the President, the Minority
Leader and the | 17 |
| Secretary of the Senate and the Legislative Research Unit,
as | 18 |
| required by Section 3.1 of the General Assembly Organization | 19 |
| Act and
filing such additional copies with the State Government | 20 |
| Report Distribution
Center for the General Assembly as is | 21 |
| required under paragraph (t) of
Section 7 of the State Library | 22 |
| Act.
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| Those persons previously found eligible for receiving | 24 |
| non-institutional
services whose services were discontinued | 25 |
| under the Emergency Budget Act of
Fiscal Year 1992, and who do | 26 |
| not meet the eligibility standards in effect
on or after July |
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| 1, 1992, shall remain ineligible on and after July 1,
1992. | 2 |
| Those persons previously not required to cost-share and who | 3 |
| were
required to cost-share effective March 1, 1992, shall | 4 |
| continue to meet
cost-share requirements on and after July 1, | 5 |
| 1992. Beginning July 1, 1992,
all clients will be required to | 6 |
| meet
eligibility, cost-share, and other requirements and will | 7 |
| have services
discontinued or altered when they fail to meet | 8 |
| these requirements. | 9 |
| For the purposes of this Section, "flexible senior | 10 |
| services" refers to services that require one-time or periodic | 11 |
| expenditures including, but not limited to, respite care, home | 12 |
| modification, assistive technology, housing assistance, and | 13 |
| transportation.
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| (Source: P.A. 94-48, eff. 7-1-05; 94-269, eff. 7-19-05; 94-336, | 15 |
| eff. 7-26-05; 94-954, eff. 6-27-06; 95-298, eff. 8-20-07; | 16 |
| 95-473, eff. 8-27-07; 95-565, eff. 6-1-08; 95-876, eff. | 17 |
| 8-21-08 .)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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