Full Text of HB4541 97th General Assembly
HB4541eng 97TH 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 Disabled Persons Rehabilitation Act is | 5 | | amended by changing Section 3 as follows:
| 6 | | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
| 7 | | Sec. 3. Powers and duties. The Department shall have the | 8 | | powers and
duties enumerated
herein:
| 9 | | (a) To co-operate with the federal government in the | 10 | | administration
of the provisions of the federal Rehabilitation | 11 | | Act of 1973, as amended,
of the Workforce Investment Act of | 12 | | 1998,
and of the federal Social Security Act to the extent and | 13 | | in the manner
provided in these Acts.
| 14 | | (b) To prescribe and supervise such courses of vocational | 15 | | training
and provide such other services as may be necessary | 16 | | for the habilitation
and rehabilitation of persons with one or | 17 | | more disabilities, including the
administrative activities | 18 | | under subsection (e) of this Section, and to
co-operate with | 19 | | State and local school authorities and other recognized
| 20 | | agencies engaged in habilitation, rehabilitation and | 21 | | comprehensive
rehabilitation services; and to cooperate with | 22 | | the Department of Children
and Family Services regarding the | 23 | | care and education of children with one
or more disabilities.
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| 1 | | (c) (Blank).
| 2 | | (d) To report in writing, to the Governor, annually on or | 3 | | before the
first day of December, and at such other times and | 4 | | in such manner and
upon such subjects as the Governor may | 5 | | require. The annual report shall
contain (1) a statement of the | 6 | | existing condition of comprehensive
rehabilitation services, | 7 | | habilitation and rehabilitation in the State;
(2) a statement | 8 | | of suggestions and recommendations with reference to the
| 9 | | development of comprehensive rehabilitation services, | 10 | | habilitation and
rehabilitation in the State; and (3) an | 11 | | itemized statement of the
amounts of money received from | 12 | | federal, State and other sources, and of
the objects and | 13 | | purposes to which the respective items of these several
amounts | 14 | | have been devoted.
| 15 | | (e) (Blank).
| 16 | | (f) To establish a program of services to prevent | 17 | | unnecessary
institutionalization of persons with Alzheimer's | 18 | | disease and related
disorders or persons in need of long term | 19 | | care who are established as blind
or disabled as defined by the | 20 | | Social Security Act, thereby enabling them to
remain in their | 21 | | own homes or other living arrangements. Such preventive
| 22 | | services may include, but are not limited to, any or all of the | 23 | | following:
| 24 | | (1) home health services;
| 25 | | (2) home nursing services;
| 26 | | (3) homemaker services;
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| 1 | | (4) chore and housekeeping services;
| 2 | | (5) day care services;
| 3 | | (6) home-delivered meals;
| 4 | | (7) education in self-care;
| 5 | | (8) personal care services;
| 6 | | (9) adult day health services;
| 7 | | (10) habilitation services;
| 8 | | (11) respite care; or
| 9 | | (12) other nonmedical social services that may enable | 10 | | the person to
become self-supporting.
| 11 | | The Department shall establish eligibility
standards for | 12 | | such services taking into consideration the unique
economic and | 13 | | social needs of the population for whom they are to
be | 14 | | provided. Such eligibility standards may be based on the | 15 | | recipient's
ability to pay for services; provided, however, | 16 | | that any portion of a
person's income that is equal to or less | 17 | | than the "protected income" level
shall not be considered by | 18 | | the Department in determining eligibility. The
"protected | 19 | | income" level shall be determined by the Department, shall | 20 | | never be
less than the federal poverty standard, and shall be | 21 | | adjusted each year to
reflect changes in the Consumer Price | 22 | | Index For All Urban Consumers as
determined by the United | 23 | | States Department of Labor. The standards must
provide that a | 24 | | person may have not more than $10,000 in assets to be eligible | 25 | | for the services, and the Department may increase the asset | 26 | | limitation by rule. Additionally, in
determining the amount and |
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| 1 | | nature of services for which a person may qualify,
| 2 | | consideration shall not be given to the value of cash, property | 3 | | or other assets
held in the name of the person's spouse | 4 | | pursuant to a written agreement
dividing marital property into | 5 | | equal but separate shares or pursuant to a
transfer of the | 6 | | person's interest in a home to his spouse, provided that the
| 7 | | spouse's share of the marital property is not made available to | 8 | | the person
seeking such services.
| 9 | | The services shall be provided to eligible persons
to | 10 | | prevent unnecessary or premature institutionalization, to
the | 11 | | extent that the cost of the services, together with the
other | 12 | | personal maintenance expenses of the persons, are reasonably
| 13 | | related to the standards established for care in a group | 14 | | facility
appropriate to their condition. These | 15 | | non-institutional
services, pilot projects or experimental | 16 | | facilities may be provided as part of
or in addition to those | 17 | | authorized by federal law or those funded and
administered by | 18 | | the Illinois Department on Aging.
| 19 | | Personal care attendants shall be paid:
| 20 | | (i) A $5 per hour minimum rate beginning July 1, 1995.
| 21 | | (ii) A $5.30 per hour minimum rate beginning July 1, | 22 | | 1997.
| 23 | | (iii) A $5.40 per hour minimum rate beginning July 1, | 24 | | 1998.
| 25 | | Solely for the purposes of coverage under the Illinois | 26 | | Public Labor
Relations
Act
(5 ILCS 315/), personal care |
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| 1 | | attendants and personal assistants providing
services under
| 2 | | the Department's Home Services Program shall be considered to | 3 | | be public
employees
and the State of Illinois shall be | 4 | | considered to be their employer as of the
effective date of
| 5 | | this amendatory Act of the 93rd General Assembly, but not | 6 | | before. The State
shall
engage in collective bargaining with an | 7 | | exclusive representative of personal
care
attendants and | 8 | | personal assistants working under the Home Services Program
| 9 | | concerning
their terms and conditions of employment that are | 10 | | within the State's control.
Nothing in
this paragraph shall be | 11 | | understood to limit the right of the persons receiving
services
| 12 | | defined in this Section to hire and fire personal care | 13 | | attendants and
personal assistants
or supervise them within the | 14 | | limitations set by the Home Services Program. The
State
shall | 15 | | not be considered to be the employer of personal care | 16 | | attendants and
personal
assistants for any purposes not | 17 | | specifically provided in this amendatory Act of
the 93rd
| 18 | | General Assembly, including but not limited to, purposes of | 19 | | vicarious liability
in tort and
purposes of statutory | 20 | | retirement or health insurance benefits. Personal care
| 21 | | attendants
and personal assistants shall not be covered by the | 22 | | State Employees Group
Insurance Act
of 1971 (5 ILCS 375/).
| 23 | | Any person providing services as a personal assistant or an | 24 | | individual provider under the Department's Home Services | 25 | | Program shall submit to a criminal history background check. | 26 | | The Department shall promulgate rules that (i) are necessary to |
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| 1 | | implement this provision; and (ii) indicate any condition or | 2 | | circumstance when a personal assistant or individual provider | 3 | | shall be denied employment as a result of the criminal history | 4 | | background check. For purposes of this paragraph, "individual | 5 | | provider" means a person providing services under the Home | 6 | | Services Program who is a personal assistant, registered nurse, | 7 | | licensed practical nurse, certified nurse assistant, | 8 | | occupational therapist, physical therapist, or speech | 9 | | therapist and has been privately hired by the customer. | 10 | | The Department shall execute, relative to the nursing home | 11 | | prescreening
project, as authorized by Section 4.03 of the | 12 | | Illinois Act on the Aging,
written inter-agency agreements with | 13 | | the Department on Aging and
the Department of Public Aid (now | 14 | | Department of Healthcare and Family Services), to effect the | 15 | | following: (i) intake procedures
and common eligibility | 16 | | criteria for those persons who are receiving
non-institutional | 17 | | services; and (ii) the establishment and development of
| 18 | | non-institutional services in areas of the State where they are | 19 | | not
currently available or are undeveloped. On and after July | 20 | | 1, 1996, all nursing
home prescreenings for individuals 18 | 21 | | through 59 years of age shall be
conducted by the Department.
| 22 | | The Department is authorized to establish a system of | 23 | | recipient cost-sharing
for services provided under this | 24 | | Section. The cost-sharing shall be based upon
the recipient's | 25 | | ability to pay for services, but in no case shall the
| 26 | | recipient's share exceed the actual cost of the services |
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| 1 | | provided. Protected
income shall not be considered by the | 2 | | Department in its determination of the
recipient's ability to | 3 | | pay a share of the cost of services. The level of
cost-sharing | 4 | | shall be adjusted each year to reflect changes in the | 5 | | "protected
income" level. The Department shall deduct from the | 6 | | recipient's share of the
cost of services any money expended by | 7 | | the recipient for disability-related
expenses.
| 8 | | The Department, or the Department's authorized | 9 | | representative, shall recover
the amount of moneys expended for | 10 | | services provided to or in behalf of a person
under this | 11 | | Section by a claim against the person's estate or against the | 12 | | estate
of the person's surviving spouse, but no recovery may be | 13 | | had until after the
death of the surviving spouse, if any, and | 14 | | then only at such time when there is
no surviving child who is | 15 | | under age 21, blind, or permanently and totally
disabled. This | 16 | | paragraph, however, shall not bar recovery, at the death of the
| 17 | | person, of moneys for services provided to the person or in | 18 | | behalf of the
person under this Section to which the person was | 19 | | not entitled; provided that
such recovery shall not be enforced | 20 | | against any real estate while
it is occupied as a homestead by | 21 | | the surviving spouse or other dependent, if no
claims by other | 22 | | creditors have been filed against the estate, or, if such
| 23 | | claims have been filed, they remain dormant for failure of | 24 | | prosecution or
failure of the claimant to compel administration | 25 | | of the estate for the purpose
of payment. This paragraph shall | 26 | | not bar recovery from the estate of a spouse,
under Sections |
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| 1 | | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| 2 | | Illinois Public Aid Code, who precedes a person receiving | 3 | | services under this
Section in death. All moneys for services
| 4 | | paid to or in behalf of the person under this Section shall be | 5 | | claimed for
recovery from the deceased spouse's estate. | 6 | | "Homestead", as used in this
paragraph, means the dwelling | 7 | | house and
contiguous real estate occupied by a surviving spouse | 8 | | or relative, as defined
by the rules and regulations of the | 9 | | Department of Healthcare and Family Services,
regardless of the | 10 | | value of the property.
| 11 | | The Department and the Department on Aging shall cooperate
| 12 | | in the development and submission of an annual report on | 13 | | programs and
services provided under this Section. Such joint | 14 | | report shall be filed
with the Governor and the General | 15 | | Assembly on or before March
30
each year.
| 16 | | The requirement for reporting to the General Assembly shall | 17 | | be satisfied
by filing copies of the report with the Speaker, | 18 | | the Minority Leader and
the Clerk of the House of | 19 | | Representatives and the President, the Minority
Leader and the | 20 | | Secretary of the Senate and the Legislative Research Unit,
as | 21 | | required by Section 3.1 of the General Assembly Organization | 22 | | Act, and filing
additional copies with the State
Government | 23 | | Report Distribution Center for the General Assembly as
required | 24 | | under paragraph (t) of Section 7 of the State Library Act.
| 25 | | (g) To establish such subdivisions of the Department
as | 26 | | shall be desirable and assign to the various subdivisions the
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| 1 | | responsibilities and duties placed upon the Department by law.
| 2 | | (h) To cooperate and enter into any necessary agreements | 3 | | with the
Department of Employment Security for the provision of | 4 | | job placement and
job referral services to clients of the | 5 | | Department, including job
service registration of such clients | 6 | | with Illinois Employment Security
offices and making job | 7 | | listings maintained by the Department of Employment
Security | 8 | | available to such clients.
| 9 | | (i) To possess all powers reasonable and necessary for
the | 10 | | exercise and administration of the powers, duties and
| 11 | | responsibilities of the Department which are provided for by | 12 | | law.
| 13 | | (j) To establish a procedure whereby new providers of
| 14 | | personal care attendant services shall submit vouchers to the | 15 | | State for
payment two times during their first month of | 16 | | employment and one time per
month thereafter. In no case shall | 17 | | the Department pay personal care
attendants an hourly wage that | 18 | | is less than the federal minimum wage.
| 19 | | (k) To provide adequate notice to providers of chore and | 20 | | housekeeping
services informing them that they are entitled to | 21 | | an interest payment on
bills which are not promptly paid | 22 | | pursuant to Section 3 of the State Prompt
Payment Act.
| 23 | | (l) To establish, operate and maintain a Statewide Housing | 24 | | Clearinghouse
of information on available, government | 25 | | subsidized housing accessible to
disabled persons and | 26 | | available privately owned housing accessible to
disabled |
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| 1 | | persons. The information shall include but not be limited to | 2 | | the
location, rental requirements, access features and | 3 | | proximity to public
transportation of available housing. The | 4 | | Clearinghouse shall consist
of at least a computerized database | 5 | | for the storage and retrieval of
information and a separate or | 6 | | shared toll free telephone number for use by
those seeking | 7 | | information from the Clearinghouse. Department offices and
| 8 | | personnel throughout the State shall also assist in the | 9 | | operation of the
Statewide Housing Clearinghouse. Cooperation | 10 | | with local, State and federal
housing managers shall be sought | 11 | | and extended in order to frequently and
promptly update the | 12 | | Clearinghouse's information.
| 13 | | (m) To assure that the names and case records of persons | 14 | | who received or
are
receiving services from the Department, | 15 | | including persons receiving vocational
rehabilitation, home | 16 | | services, or other services, and those attending one of
the | 17 | | Department's schools or other supervised facility shall be | 18 | | confidential and
not be open to the general public. Those case | 19 | | records and reports or the
information contained in those | 20 | | records and reports shall be disclosed by the
Director only to | 21 | | proper law enforcement officials, individuals authorized by a
| 22 | | court, the General Assembly or any committee or commission of | 23 | | the General
Assembly, and other persons and for reasons as the | 24 | | Director designates by rule.
Disclosure by the Director may be | 25 | | only in accordance with other applicable
law.
| 26 | | (Source: P.A. 94-252, eff. 1-1-06; 95-331, eff. 8-21-07.)
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