Full Text of HB5703 95th General Assembly
HB5703eng 95TH GENERAL ASSEMBLY
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HB5703 Engrossed |
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LRB095 17678 DRJ 43752 b |
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| AN ACT concerning aging.
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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 Sections 4.02 and 4.12 as follows:
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| (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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| (Text of Section before amendment by P.A. 95-565 ) | 8 |
| Sec. 4.02. The Department shall establish a program of | 9 |
| services to
prevent unnecessary institutionalization of | 10 |
| persons age 60 and older in
need of long term care or who are | 11 |
| established as persons who suffer from
Alzheimer's disease or a | 12 |
| related disorder under the Alzheimer's Disease
Assistance Act, | 13 |
| thereby enabling them
to remain in their own homes or in other | 14 |
| living arrangements. Such
preventive services, which may be | 15 |
| coordinated with other programs for the
aged and monitored by | 16 |
| area agencies on aging in cooperation with the
Department, may | 17 |
| include, but are not limited to, any or all of the following:
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| (a) home health services;
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| (b) home nursing services;
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| (c) home care aide services;
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| (d) chore and housekeeping 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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| (l) other nonmedical social services that may enable | 8 |
| the person
to become self-supporting; or
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| (m) clearinghouse for information provided by senior | 10 |
| citizen home owners
who want to rent rooms to or share | 11 |
| living space with other senior citizens.
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| The Department shall establish eligibility standards for | 13 |
| such
services taking into consideration the unique economic and | 14 |
| social needs
of the target population for whom they are to be | 15 |
| provided. Such eligibility
standards shall be based on the | 16 |
| recipient's ability to pay for services;
provided, however, | 17 |
| that in determining the amount and nature of services
for which | 18 |
| 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 | 20 |
| person's
spouse pursuant to a written agreement dividing | 21 |
| marital property into equal
but separate shares or pursuant to | 22 |
| a transfer of the person's interest in a
home to his spouse, | 23 |
| provided that the spouse's share of the marital
property is not | 24 |
| made available to the person seeking such services.
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| Beginning July 1, 2002, the Department shall require as a | 26 |
| condition of
eligibility that all financially eligible |
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| applicants and recipients apply
for medical assistance
under | 2 |
| Article V of the Illinois Public Aid Code in accordance with | 3 |
| rules
promulgated by the Department.
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| The Department shall, in conjunction with the Department of | 5 |
| Public Aid (now Department of Healthcare and Family Services),
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| seek appropriate amendments under Sections 1915 and 1924 of the | 7 |
| Social
Security Act. The purpose of the amendments shall be to | 8 |
| extend eligibility
for home and community based services under | 9 |
| Sections 1915 and 1924 of the
Social Security Act to persons | 10 |
| who transfer to or for the benefit of a
spouse those amounts of | 11 |
| income and resources allowed under Section 1924 of
the Social | 12 |
| 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 | 14 |
| Illinois
Public Aid Code to persons who, but for the provision | 15 |
| of home or
community-based services, would require the level of | 16 |
| care provided in an
institution, as is provided for in federal | 17 |
| law. Those persons no longer
found to be eligible for receiving | 18 |
| noninstitutional services due to changes
in the eligibility | 19 |
| criteria shall be given 60 days notice prior to actual
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| termination. Those persons receiving notice of termination may | 21 |
| contact the
Department and request the determination be | 22 |
| appealed at any time during the
60 day notice period. With the | 23 |
| exception of the lengthened notice and time
frame for the | 24 |
| 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 |
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| notice and the
opportunity to purchase the necessary services | 2 |
| through the Community Care
Program. If the individual does not | 3 |
| elect to purchase services, the
Department shall advise the | 4 |
| individual of alternative services. The target
population | 5 |
| 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 | 7 |
| given to those
who are at imminent risk of | 8 |
| institutionalization. The services shall be
provided to | 9 |
| 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 | 13 |
| person's
condition. These non-institutional services, pilot | 14 |
| projects or
experimental facilities may be provided as part of | 15 |
| or in addition to
those authorized by federal law or those | 16 |
| funded and administered by the
Department of Human Services. | 17 |
| The Departments of Human Services, Healthcare and Family | 18 |
| Services,
Public Health, Veterans' Affairs, and Commerce and | 19 |
| Economic Opportunity and
other appropriate agencies of State, | 20 |
| federal and local governments shall
cooperate with the | 21 |
| Department on Aging in the establishment and development
of the | 22 |
| non-institutional services. The Department shall require an | 23 |
| annual
audit from all chore/housekeeping and home care aide | 24 |
| vendors contracting with
the Department under this Section. The | 25 |
| annual audit shall assure that each
audited vendor's procedures | 26 |
| are in compliance with Department's financial
reporting |
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| guidelines requiring an administrative and employee wage and | 2 |
| benefits cost split as defined in administrative rules. The | 3 |
| audit is a public record under
the Freedom of Information Act. | 4 |
| The Department shall execute, relative to
the nursing home | 5 |
| prescreening project, written inter-agency
agreements with the | 6 |
| Department of Human Services and the Department
of Healthcare | 7 |
| and Family Services, to effect the following: (1) intake | 8 |
| procedures and common
eligibility criteria for those persons | 9 |
| who are receiving non-institutional
services; and (2) the | 10 |
| establishment and development of non-institutional
services in | 11 |
| areas of the State where they are not currently available or | 12 |
| are
undeveloped. On and after July 1, 1996, all nursing home | 13 |
| prescreenings for
individuals 60 years of age or older shall be | 14 |
| conducted by the Department.
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| As part of the Department on Aging's routine training of | 16 |
| care coordinators and care coordinator supervisors case | 17 |
| managers and case manager supervisors , the Department may | 18 |
| include information on family futures planning for persons who | 19 |
| are age 60 or older and who are caregivers of their adult | 20 |
| children with developmental disabilities. The content of the | 21 |
| training shall be at the Department's discretion. | 22 |
| The Department's case management program shall be a fully | 23 |
| integrated care coordination program. The care coordination | 24 |
| program shall incorporate the concepts of client direction and | 25 |
| consumer focus and shall take into account the client's needs | 26 |
| and preferences. Comprehensive care coordination shall include |
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| activities such as: (1) comprehensive assessment of the client; | 2 |
| (2) development and implementation of a service plan with the | 3 |
| client to mobilize the formal and informal resources and | 4 |
| services identified in the assessment to meet the needs of the | 5 |
| client, including coordination of the resources and services | 6 |
| with (A) any other plans that exist for various formal | 7 |
| services, such as hospital discharge plans, and (B) the | 8 |
| information and assistance services; (3) coordination and | 9 |
| monitoring of formal service delivery and monitoring of | 10 |
| informal service delivery, regardless of the funding source, to | 11 |
| ensure that services specified in the plan are being provided; | 12 |
| (4) assistance with the completion of applications for | 13 |
| services, referrals to non-government funded services, health | 14 |
| promotion, and ensuring continuity of care across care | 15 |
| settings; (5) periodic reassessment and revision of the | 16 |
| client's care plan, if necessary, to reflect any changes in the | 17 |
| client's needs; and (6) in accordance with the wishes of the | 18 |
| client, advocacy on behalf of the client for needed services or | 19 |
| resources. | 20 |
| A comprehensive assessment shall be performed, using a | 21 |
| holistic tool identified by the Department and supported by an | 22 |
| electronic intake assessment and care planning system linked to | 23 |
| a central location. The comprehensive assessment process shall | 24 |
| include a face to face interview in the client's home or | 25 |
| temporary overnight abode and shall determine the level of | 26 |
| physical, functional, cognitive, psycho-social, financial, and |
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| social needs of the client. Assessment interviews shall | 2 |
| accommodate the scheduling needs of the client and the client's | 3 |
| representative or representatives, who shall participate at | 4 |
| the discretion of the client. The Department shall provide | 5 |
| guidelines for determining the conditions under which a | 6 |
| comprehensive assessment shall be performed and the activities | 7 |
| of care coordination offered to each care recipient. The care | 8 |
| plan shall include the needs identified by the assessment and | 9 |
| incorporate the goals and preferences of the client. Care plans | 10 |
| shall also include all services needed by the client regardless | 11 |
| of the funding source and delineate between services provided, | 12 |
| services unavailable, and services refused by the client. Case | 13 |
| coordination units shall be reimbursed for care coordination in | 14 |
| a manner reflective of the actual cost of providing care | 15 |
| coordination. By July 1, 2009, the Department shall develop a | 16 |
| rate structure, after collection and review of information from | 17 |
| case coordination units and advocates for care recipients, | 18 |
| regarding the activities of coordination provided. The | 19 |
| Department shall reevaluate the rate structure every other year | 20 |
| thereafter. | 21 |
| The Department is authorized to establish a system of | 22 |
| recipient copayment
for services provided under this Section, | 23 |
| such copayment to be based upon
the recipient's ability to pay | 24 |
| but in no case to exceed the actual cost of
the services | 25 |
| 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 |
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| be
considered by the Department in determining the copayment. | 2 |
| The level of
such copayment shall be adjusted whenever | 3 |
| necessary to reflect any change
in the officially designated | 4 |
| federal poverty standard.
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| The Department, or the Department's authorized | 6 |
| representative, shall
recover the amount of moneys expended for | 7 |
| services provided to or in
behalf of a person under this | 8 |
| Section by a claim against the person's
estate or against the | 9 |
| estate of the person's surviving spouse, but no
recovery may be | 10 |
| had until after the death of the surviving spouse, if
any, and | 11 |
| then only at such time when there is no surviving child who
is | 12 |
| 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 | 14 |
| person, of
moneys for services provided to the person or in | 15 |
| behalf of the person under
this Section to which the person was | 16 |
| not entitled;
provided that such recovery shall not be enforced | 17 |
| against any real estate while
it is occupied as a homestead by | 18 |
| the surviving spouse or other dependent, if no
claims by other | 19 |
| creditors have been filed against the estate, or, if such
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| claims have been filed, they remain dormant for failure of | 21 |
| prosecution or
failure of the claimant to compel administration | 22 |
| of the estate for the purpose
of payment. This paragraph shall | 23 |
| not bar recovery from the estate of a spouse,
under Sections | 24 |
| 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 | 26 |
| 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 | 2 |
| claimed for
recovery from the deceased spouse's estate. | 3 |
| "Homestead", as used
in this paragraph, means the dwelling | 4 |
| 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 | 6 |
| Department of Healthcare and Family Services, regardless of the | 7 |
| value of the property.
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| The Department shall develop procedures to enhance | 9 |
| availability of
services on evenings, weekends, and on an | 10 |
| emergency basis to meet the
respite needs of caregivers. | 11 |
| Procedures shall be developed to permit the
utilization of | 12 |
| services in successive blocks of 24 hours up to the monthly
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| maximum established by the Department. Workers providing these | 14 |
| services
shall be appropriately trained.
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| Beginning on the effective date of this Amendatory Act of | 16 |
| 1991, no person
may perform chore/housekeeping and home care | 17 |
| aide services under a program
authorized by this Section unless | 18 |
| that person has been issued a certificate
of pre-service to do | 19 |
| so by his or her employing agency. Information
gathered to | 20 |
| 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 | 22 |
| employer, and
(iii) the training, including dates and levels. | 23 |
| Persons engaged in the
program authorized by this Section | 24 |
| before the effective date of this
amendatory Act of 1991 shall | 25 |
| be issued a certificate of all pre- and
in-service training | 26 |
| from his or her employer upon submitting the necessary
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| information. The employing agency shall be required to retain | 2 |
| records of
all staff pre- and in-service training, and shall | 3 |
| provide such records to
the Department upon request and upon | 4 |
| termination of the employer's contract
with the Department. In | 5 |
| addition, the employing agency is responsible for
the issuance | 6 |
| 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 | 9 |
| that persons
working as home care aides and chore housekeepers | 10 |
| receive increases in their
wages when the federal minimum wage | 11 |
| is increased by requiring vendors to
certify that they are | 12 |
| meeting the federal minimum wage statute for home care aides
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| and chore housekeepers. An employer that cannot ensure that the | 14 |
| minimum
wage increase is being given to home care aides and | 15 |
| chore housekeepers
shall be denied any increase in | 16 |
| reimbursement costs.
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| The Community Care Program Advisory Committee is created in | 18 |
| the Department on Aging. The Director shall appoint individuals | 19 |
| to serve in the Committee, who shall serve at their own | 20 |
| expense. Members of the Committee must abide by all applicable | 21 |
| ethics laws. The Committee shall advise the Department on | 22 |
| issues related to the Department's program of services to | 23 |
| prevent unnecessary institutionalization. The Committee shall | 24 |
| meet on a bi-monthly basis and shall serve to identify and | 25 |
| advise the Department on present and potential issues affecting | 26 |
| the service delivery network, the program's clients, and the |
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| Department and to recommend solution strategies. Persons | 2 |
| appointed to the Committee shall be appointed on, but not | 3 |
| limited to, their own and their agency's experience with the | 4 |
| program, geographic representation, and willingness to serve. | 5 |
| The Director shall appoint members to the Committee to | 6 |
| represent provider, advocacy, policy research, and other | 7 |
| constituencies committed to the delivery of high quality home | 8 |
| and community-based services to older adults. Representatives | 9 |
| shall be appointed to ensure representation from community care | 10 |
| providers including, but not limited to, adult day service | 11 |
| providers, homemaker providers, case coordination and case | 12 |
| management units, emergency home response providers, statewide | 13 |
| trade or labor unions that represent home care
homecare aides | 14 |
| and direct care staff, area agencies on aging, adults over age | 15 |
| 60, membership organizations representing older adults, and | 16 |
| other organizational entities, providers of care, or | 17 |
| individuals with demonstrated interest and expertise in the | 18 |
| field of home and community care as determined by the Director. | 19 |
| Nominations may be presented from any agency or State | 20 |
| association with interest in the program. The Director, or his | 21 |
| or her designee, shall serve as the permanent co-chair of the | 22 |
| advisory committee. One other co-chair shall be nominated and | 23 |
| approved by the members of the committee on an annual basis. | 24 |
| Committee members' terms of appointment shall be for 4 years | 25 |
| with one-quarter of the appointees' terms expiring each year. A | 26 |
| member shall continue to serve until his or her replacement is |
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| named. The Department shall fill vacancies that have a | 2 |
| remaining term of over one year, and this replacement shall | 3 |
| occur through the annual replacement of expiring terms. The | 4 |
| Director shall designate Department staff to provide technical | 5 |
| assistance and staff support to the committee. Department | 6 |
| representation shall not constitute membership of the | 7 |
| committee. All Committee papers, issues, recommendations, | 8 |
| reports, and meeting memoranda are advisory only. The Director, | 9 |
| or his or her designee, shall make a written report, as | 10 |
| requested by the Committee, regarding issues before the | 11 |
| Committee.
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| The Department on Aging and the Department of Human | 13 |
| Services
shall cooperate in the development and submission of | 14 |
| an annual report on
programs and services provided under this | 15 |
| Section. Such joint report
shall be filed with the Governor and | 16 |
| the General Assembly on or before
September 30 each year.
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| The requirement for reporting to the General Assembly shall | 18 |
| be satisfied
by filing copies of the report with the Speaker, | 19 |
| the Minority Leader and
the Clerk of the House of | 20 |
| Representatives and the President, the Minority
Leader and the | 21 |
| Secretary of the Senate and the Legislative Research Unit,
as | 22 |
| required by Section 3.1 of the General Assembly Organization | 23 |
| Act and
filing such additional copies with the State Government | 24 |
| Report Distribution
Center for the General Assembly as is | 25 |
| required under paragraph (t) of
Section 7 of the State Library | 26 |
| Act.
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LRB095 17678 DRJ 43752 b |
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| Those persons previously found eligible for receiving | 2 |
| non-institutional
services whose services were discontinued | 3 |
| under the Emergency Budget Act of
Fiscal Year 1992, and who do | 4 |
| not meet the eligibility standards in effect
on or after July | 5 |
| 1, 1992, shall remain ineligible on and after July 1,
1992. | 6 |
| Those persons previously not required to cost-share and who | 7 |
| were
required to cost-share effective March 1, 1992, shall | 8 |
| continue to meet
cost-share requirements on and after July 1, | 9 |
| 1992. Beginning July 1, 1992,
all clients will be required to | 10 |
| meet
eligibility, cost-share, and other requirements and will | 11 |
| have services
discontinued or altered when they fail to meet | 12 |
| these requirements.
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| Notwithstanding any other rulemaking authority that may | 14 |
| exist, neither the Governor nor any agency or agency head under | 15 |
| the jurisdiction of the Governor has any authority to make or | 16 |
| promulgate rules to implement or enforce the provisions of this | 17 |
| amendatory Act of the 95th General Assembly. If, however, the | 18 |
| Governor believes that rules are necessary to implement or | 19 |
| enforce the provisions of this amendatory Act of the 95th | 20 |
| General Assembly, the Governor may suggest rules to the General | 21 |
| Assembly by filing them with the Clerk of the House and | 22 |
| Secretary of the Senate and by requesting that the General | 23 |
| Assembly authorize such rulemaking by law, enact those | 24 |
| suggested rules into law, or take any other appropriate action | 25 |
| in the General Assembly's discretion. Nothing contained in this | 26 |
| amendatory Act of the 95th General Assembly shall be |
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LRB095 17678 DRJ 43752 b |
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| interpreted to grant rulemaking authority under any other | 2 |
| Illinois statute where such authority is not otherwise | 3 |
| explicitly given. For the purposes of this amendatory Act of | 4 |
| the 95th General Assembly, "rules" is given the meaning | 5 |
| contained in Section 1-70 of the Illinois Administrative | 6 |
| Procedure Act, and "agency" and "agency head" are given the | 7 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 8 |
| Administrative Procedure Act to the extent that such | 9 |
| definitions apply to agencies or agency heads under the | 10 |
| jurisdiction of the Governor. | 11 |
| (Source: P.A. 94-48, eff. 7-1-05; 94-269, eff. 7-19-05; 94-336, | 12 |
| eff. 7-26-05; 94-954, eff. 6-27-06; 95-298, eff. 8-20-07; | 13 |
| 95-473, eff. 8-27-07; revised 10-30-07.)
| 14 |
| (Text of Section after amendment by P.A. 95-565 ) | 15 |
| Sec. 4.02. Community Care Program. The Department shall | 16 |
| establish a program of services to
prevent unnecessary | 17 |
| institutionalization of persons age 60 and older in
need of | 18 |
| long term care or who are established as persons who suffer | 19 |
| from
Alzheimer's disease or a related disorder under the | 20 |
| Alzheimer's Disease
Assistance Act, thereby enabling them
to | 21 |
| remain in their own homes or in other living arrangements. Such
| 22 |
| preventive services, which may be coordinated with other | 23 |
| programs for the
aged and monitored by area agencies on aging | 24 |
| in cooperation with the
Department, may include, but are not | 25 |
| limited to, any or all of the following:
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HB5703 Engrossed |
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LRB095 17678 DRJ 43752 b |
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| (a) (blank);
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| (b) (blank);
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| (c) home care aide services;
| 4 |
| (d) personal assistant services;
| 5 |
| (e) adult day services;
| 6 |
| (f) home-delivered meals;
| 7 |
| (g) education in self-care;
| 8 |
| (h) personal care services;
| 9 |
| (i) adult day health services;
| 10 |
| (j) habilitation services;
| 11 |
| (k) respite care;
| 12 |
| (k-5) community reintegration services;
| 13 |
| (k-6) flexible senior services; | 14 |
| (k-7) medication management; | 15 |
| (k-8) emergency home response;
| 16 |
| (l) other nonmedical social services that may enable | 17 |
| the person
to become self-supporting; or
| 18 |
| (m) clearinghouse for information provided by senior | 19 |
| citizen home owners
who want to rent rooms to or share | 20 |
| living space with other senior citizens.
| 21 |
| The Department shall establish eligibility standards for | 22 |
| such
services taking into consideration the unique economic and | 23 |
| social needs
of the target population for whom they are to be | 24 |
| provided. Such eligibility
standards shall be based on the | 25 |
| recipient's ability to pay for services;
provided, however, | 26 |
| that in determining the amount and nature of services
for which |
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LRB095 17678 DRJ 43752 b |
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| a person may qualify, consideration shall not be given to the
| 2 |
| value of cash, property or other assets held in the name of the | 3 |
| person's
spouse pursuant to a written agreement dividing | 4 |
| marital property into equal
but separate shares or pursuant to | 5 |
| a transfer of the person's interest in a
home to his spouse, | 6 |
| provided that the spouse's share of the marital
property is not | 7 |
| made available to the person seeking such services.
| 8 |
| Beginning July 1, 2002, the Department shall require as a | 9 |
| condition of
eligibility that all financially eligible | 10 |
| applicants apply
for medical assistance
under Article V of the | 11 |
| Illinois Public Aid Code in accordance with rules
promulgated | 12 |
| by the Department.
| 13 |
| Beginning January 1, 2008, the Department shall require as | 14 |
| a condition of eligibility that all new financially eligible | 15 |
| applicants apply for and enroll in medical assistance under | 16 |
| Article V of the Illinois Public Aid Code in accordance with | 17 |
| rules promulgated by the Department.
| 18 |
| The Department shall, in conjunction with the Department of | 19 |
| Public Aid (now Department of Healthcare and Family Services),
| 20 |
| seek appropriate amendments under Sections 1915 and 1924 of the | 21 |
| Social
Security Act. The purpose of the amendments shall be to | 22 |
| extend eligibility
for home and community based services under | 23 |
| Sections 1915 and 1924 of the
Social Security Act to persons | 24 |
| who transfer to or for the benefit of a
spouse those amounts of | 25 |
| income and resources allowed under Section 1924 of
the Social | 26 |
| Security Act. Subject to the approval of such amendments, the
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HB5703 Engrossed |
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LRB095 17678 DRJ 43752 b |
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| 1 |
| Department shall extend the provisions of Section 5-4 of the | 2 |
| Illinois
Public Aid Code to persons who, but for the provision | 3 |
| of home or
community-based services, would require the level of | 4 |
| care provided in an
institution, as is provided for in federal | 5 |
| law. Those persons no longer
found to be eligible for receiving | 6 |
| noninstitutional services due to changes
in the eligibility | 7 |
| criteria shall be given 60 days notice prior to actual
| 8 |
| termination. Those persons receiving notice of termination may | 9 |
| contact the
Department and request the determination be | 10 |
| appealed at any time during the
60 day notice period. With the | 11 |
| exception of the lengthened notice and time
frame for the | 12 |
| appeal request, the appeal process shall follow the normal
| 13 |
| procedure. In addition, each person affected regardless of the
| 14 |
| circumstances for discontinued eligibility shall be given | 15 |
| notice and the
opportunity to purchase the necessary services | 16 |
| through the Community Care
Program. If the individual does not | 17 |
| elect to purchase services, the
Department shall advise the | 18 |
| individual of alternative services. The target
population | 19 |
| identified for the purposes of this Section are persons age 60
| 20 |
| and older with an identified service need. Priority shall be | 21 |
| given to those
who are at imminent risk of | 22 |
| institutionalization. The services shall be
provided to | 23 |
| eligible persons age 60 and older to the extent that the cost
| 24 |
| of the services together with the other personal maintenance
| 25 |
| expenses of the persons are reasonably related to the standards
| 26 |
| established for care in a group facility appropriate to the |
|
|
|
HB5703 Engrossed |
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LRB095 17678 DRJ 43752 b |
|
| 1 |
| person's
condition. These non-institutional services, pilot | 2 |
| projects or
experimental facilities may be provided as part of | 3 |
| or in addition to
those authorized by federal law or those | 4 |
| funded and administered by the
Department of Human Services. | 5 |
| The Departments of Human Services, Healthcare and Family | 6 |
| Services,
Public Health, Veterans' Affairs, and Commerce and | 7 |
| Economic Opportunity and
other appropriate agencies of State, | 8 |
| federal and local governments shall
cooperate with the | 9 |
| Department on Aging in the establishment and development
of the | 10 |
| non-institutional services. The Department shall require an | 11 |
| annual
audit from all
chore/housekeeping and home care aide | 12 |
| vendors contracting with
the Department under this Section. The | 13 |
| annual audit shall assure that each
audited vendor's procedures | 14 |
| are in compliance with Department's financial
reporting | 15 |
| guidelines requiring an administrative and employee wage and | 16 |
| benefits cost split as defined in administrative rules. The | 17 |
| audit is a public record under
the Freedom of Information Act. | 18 |
| The Department shall execute, relative to
the nursing home | 19 |
| prescreening project, written inter-agency
agreements with the | 20 |
| Department of Human Services and the Department
of Healthcare | 21 |
| and Family Services, to effect the following: (1) intake | 22 |
| procedures and common
eligibility criteria for those persons | 23 |
| who are receiving non-institutional
services; and (2) the | 24 |
| establishment and development of non-institutional
services in | 25 |
| areas of the State where they are not currently available or | 26 |
| are
undeveloped. On and after July 1, 1996, all nursing home |
|
|
|
HB5703 Engrossed |
- 19 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| prescreenings for
individuals 60 years of age or older shall be | 2 |
| conducted by the Department.
| 3 |
| As part of the Department on Aging's routine training of | 4 |
| care coordinators and care coordinator supervisors case | 5 |
| managers and case manager supervisors , the Department may | 6 |
| include information on family futures planning for persons who | 7 |
| are age 60 or older and who are caregivers of their adult | 8 |
| children with developmental disabilities. The content of the | 9 |
| training shall be at the Department's discretion. | 10 |
| The Department's case management program shall be a fully | 11 |
| integrated care coordination program. The care coordination | 12 |
| program shall incorporate the concepts of client direction and | 13 |
| consumer focus and shall take into account the client's needs | 14 |
| and preferences. Comprehensive care coordination shall include | 15 |
| activities such as: (1) comprehensive assessment of the client; | 16 |
| (2) development and implementation of a service plan with the | 17 |
| client to mobilize the formal and informal resources and | 18 |
| services identified in the assessment to meet the needs of the | 19 |
| client, including coordination of the resources and services | 20 |
| with (A) any other plans that exist for various formal | 21 |
| services, such as hospital discharge plans, and (B) the | 22 |
| information and assistance services; (3) coordination and | 23 |
| monitoring of formal service delivery and monitoring of | 24 |
| informal service delivery, regardless of the funding source, to | 25 |
| ensure that services specified in the plan are being provided; | 26 |
| (4) assistance with the completion of applications for |
|
|
|
HB5703 Engrossed |
- 20 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| services, referrals to non-government funded services, health | 2 |
| promotion, and ensuring continuity of care across care | 3 |
| settings; (5) periodic reassessment and revision of the | 4 |
| client's care plan, if necessary, to reflect any changes in the | 5 |
| client's needs; and (6) in accordance with the wishes of the | 6 |
| client, advocacy on behalf of the client for needed services or | 7 |
| resources. | 8 |
| A comprehensive assessment shall be performed, using a | 9 |
| holistic tool identified by the Department and supported by an | 10 |
| electronic intake assessment and care planning system linked to | 11 |
| a central location. The comprehensive assessment process shall | 12 |
| include a face to face interview in the client's home or | 13 |
| temporary overnight abode and shall determine the level of | 14 |
| physical, functional, cognitive, psycho-social, financial, and | 15 |
| social needs of the client. Assessment interviews shall | 16 |
| accommodate the scheduling needs of the client and the client's | 17 |
| representative or representatives, who shall participate at | 18 |
| the discretion of the client. The Department shall provide | 19 |
| guidelines for determining the conditions under which a | 20 |
| comprehensive assessment shall be performed and the activities | 21 |
| of care coordination offered to each care recipient. The care | 22 |
| plan shall include the needs identified by the assessment and | 23 |
| incorporate the goals and preferences of the client. Care plans | 24 |
| shall also include all services needed by the client regardless | 25 |
| of the funding source and delineate between services provided, | 26 |
| services unavailable, and services refused by the client. Case |
|
|
|
HB5703 Engrossed |
- 21 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| coordination units shall be reimbursed for care coordination in | 2 |
| a manner reflective of the actual cost of providing care | 3 |
| coordination. By July 1, 2009, the Department shall develop a | 4 |
| rate structure, after collection and review of information from | 5 |
| case coordination units and advocates for care recipients, | 6 |
| regarding the activities of coordination provided. The | 7 |
| Department shall reevaluate the rate structure every other year | 8 |
| thereafter. | 9 |
| The Department is authorized to establish a system of | 10 |
| recipient copayment
for services provided under this Section, | 11 |
| such copayment to be based upon
the recipient's ability to pay | 12 |
| but in no case to exceed the actual cost of
the services | 13 |
| provided. Additionally, any portion of a person's income which
| 14 |
| is equal to or less than the federal poverty standard shall not | 15 |
| be
considered by the Department in determining the copayment. | 16 |
| The level of
such copayment shall be adjusted whenever | 17 |
| necessary to reflect any change
in the officially designated | 18 |
| federal poverty standard.
| 19 |
| The Department, or the Department's authorized | 20 |
| representative, shall
recover the amount of moneys expended for | 21 |
| services provided to or in
behalf of a person under this | 22 |
| Section by a claim against the person's
estate or against the | 23 |
| estate of the person's surviving spouse, but no
recovery may be | 24 |
| had until after the death of the surviving spouse, if
any, and | 25 |
| then only at such time when there is no surviving child who
is | 26 |
| under age 21, blind, or permanently and totally disabled. This
|
|
|
|
HB5703 Engrossed |
- 22 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| paragraph, however, shall not bar recovery, at the death of the | 2 |
| person, of
moneys for services provided to the person or in | 3 |
| behalf of the person under
this Section to which the person was | 4 |
| not entitled;
provided that such recovery shall not be enforced | 5 |
| against any real estate while
it is occupied as a homestead by | 6 |
| the surviving spouse or other dependent, if no
claims by other | 7 |
| creditors have been filed against the estate, or, if such
| 8 |
| claims have been filed, they remain dormant for failure of | 9 |
| prosecution or
failure of the claimant to compel administration | 10 |
| of the estate for the purpose
of payment. This paragraph shall | 11 |
| not bar recovery from the estate of a spouse,
under Sections | 12 |
| 1915 and 1924 of the Social Security Act and Section 5-4 of the
| 13 |
| Illinois Public Aid Code, who precedes a person receiving | 14 |
| services under this
Section in death. All moneys for services
| 15 |
| paid to or in behalf of the person under this Section shall be | 16 |
| claimed for
recovery from the deceased spouse's estate. | 17 |
| "Homestead", as used
in this paragraph, means the dwelling | 18 |
| house and
contiguous real estate occupied by a surviving spouse
| 19 |
| or relative, as defined by the rules and regulations of the | 20 |
| Department of Healthcare and Family Services, regardless of the | 21 |
| value of the property.
| 22 |
| The Department shall increase the effectiveness of the | 23 |
| existing Community Care Program by: | 24 |
| (1) ensuring that in-home services included in the care | 25 |
| plan are available on evenings and weekends; | 26 |
| (2) ensuring that care plans contain the services that |
|
|
|
HB5703 Engrossed |
- 23 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| eligible participants
participants' need based on the | 2 |
| number of days in a month, not limited to specific blocks | 3 |
| of time, as identified by the comprehensive assessment tool | 4 |
| selected by the Department for use statewide, not to exceed | 5 |
| the total monthly service cost maximum allowed for each | 6 |
| service ; the . The Department shall develop administrative | 7 |
| rules to implement this item (2); | 8 |
| (3) ensuring that the participants have the right to | 9 |
| choose the services contained in their care plan and to | 10 |
| direct how those services are provided, based on | 11 |
| administrative rules established by the Department; | 12 |
| (4) ensuring that the determination of need tool is | 13 |
| accurate in determining the participants' level of need; to | 14 |
| achieve this, the Department, in conjunction with the Older | 15 |
| Adult Services Advisory Committee, shall institute a study | 16 |
| of the relationship between the Determination of Need | 17 |
| scores, level of need, service cost maximums , and the | 18 |
| development and utilization of service plans no later than | 19 |
| May 1, 2008; findings and recommendations shall be | 20 |
| presented to the Governor and the General Assembly no later | 21 |
| than January 1, 2009; recommendations shall include all | 22 |
| needed changes to the service cost maximums schedule and | 23 |
| additional covered services; | 24 |
| (5) ensuring that homemakers can provide personal care | 25 |
| services that may or may not involve contact with clients, | 26 |
| including but not limited to: |
|
|
|
HB5703 Engrossed |
- 24 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| (A) bathing; | 2 |
| (B) grooming; | 3 |
| (C) toileting; | 4 |
| (D) nail care; | 5 |
| (E) transferring; | 6 |
| (F) respiratory services; | 7 |
| (G) exercise; or | 8 |
| (H) positioning; | 9 |
| (6) ensuring that homemaker program vendors are not | 10 |
| restricted from hiring homemakers who are family members of | 11 |
| clients or recommended by clients; the Department may not, | 12 |
| by rule or policy, require homemakers who are family | 13 |
| members of clients or recommended by clients to accept | 14 |
| assignments in homes other than the client; and | 15 |
| (7) ensuring that the State may access maximum federal | 16 |
| matching funds by seeking approval for the Centers for | 17 |
| Medicare and Medicaid Services for modifications to the | 18 |
| State's home and community based services waiver and | 19 |
| additional waiver opportunities in order to maximize | 20 |
| federal matching funds; this shall include, but not be | 21 |
| limited to, modification that reflects all changes in the | 22 |
| Community Care Program services and all increases in the | 23 |
| services cost maximum. | 24 |
| By January 1, 2009 or as soon after the end of the Cash and | 25 |
| Counseling Demonstration Project as is practicable, the | 26 |
| Department may, based on its evaluation of the demonstration |
|
|
|
HB5703 Engrossed |
- 25 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| project, promulgate rules concerning personal assistant | 2 |
| services , to include, but need not be limited to, | 3 |
| qualifications, employment screening, rights under fair labor | 4 |
| standards, training, fiduciary agent, and supervision | 5 |
| requirements. All applicants shall be subject to the provisions | 6 |
| of the Health Care Worker Background Check Act.
| 7 |
| The Department shall develop procedures to enhance | 8 |
| availability of
services on evenings, weekends, and on an | 9 |
| emergency basis to meet the
respite needs of caregivers. | 10 |
| Procedures shall be developed to permit the
utilization of | 11 |
| services in successive blocks of 24 hours up to the monthly
| 12 |
| maximum established by the Department. Workers providing these | 13 |
| services
shall be appropriately trained.
| 14 |
| Beginning on the effective date of this Amendatory Act of | 15 |
| 1991, no person
may perform chore/housekeeping and home care | 16 |
| aide services under a program
authorized by this Section unless | 17 |
| that person has been issued a certificate
of pre-service to do | 18 |
| so by his or her employing agency. Information
gathered to | 19 |
| effect such certification shall include (i) the person's name,
| 20 |
| (ii) the date the person was hired by his or her current | 21 |
| employer, and
(iii) the training, including dates and levels. | 22 |
| Persons engaged in the
program authorized by this Section | 23 |
| before the effective date of this
amendatory Act of 1991 shall | 24 |
| be issued a certificate of all pre- and
in-service training | 25 |
| from his or her employer upon submitting the necessary
| 26 |
| information. The employing agency shall be required to retain |
|
|
|
HB5703 Engrossed |
- 26 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| records of
all staff pre- and in-service training, and shall | 2 |
| provide such records to
the Department upon request and upon | 3 |
| termination of the employer's contract
with the Department. In | 4 |
| addition, the employing agency is responsible for
the issuance | 5 |
| of certifications of in-service training completed to their
| 6 |
| employees.
| 7 |
| The Department is required to develop a system to ensure | 8 |
| that persons
working as home care aides and
chore housekeepers | 9 |
| receive increases in their
wages when the federal minimum wage | 10 |
| is increased by requiring vendors to
certify that they are | 11 |
| meeting the federal minimum wage statute for home care aides
| 12 |
| and
chore housekeepers . An employer that cannot ensure that the | 13 |
| minimum
wage increase is being given to home care aides and
| 14 |
| chore housekeepers
shall be denied any increase in | 15 |
| reimbursement costs.
| 16 |
| The Community Care Program Advisory Committee is created in | 17 |
| the Department on Aging. The Director shall appoint individuals | 18 |
| to serve in the Committee, who shall serve at their own | 19 |
| expense. Members of the Committee must abide by all applicable | 20 |
| ethics laws. The Committee shall advise the Department on | 21 |
| issues related to the Department's program of services to | 22 |
| prevent unnecessary institutionalization. The Committee shall | 23 |
| meet on a bi-monthly basis and shall serve to identify and | 24 |
| advise the Department on present and potential issues affecting | 25 |
| the service delivery network, the program's clients, and the | 26 |
| Department and to recommend solution strategies. Persons |
|
|
|
HB5703 Engrossed |
- 27 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| appointed to the Committee shall be appointed on, but not | 2 |
| limited to, their own and their agency's experience with the | 3 |
| program, geographic representation, and willingness to serve. | 4 |
| The Director shall appoint members to the Committee to | 5 |
| represent provider, advocacy, policy research, and other | 6 |
| constituencies committed to the delivery of high quality home | 7 |
| and community-based services to older adults. Representatives | 8 |
| shall be appointed to ensure representation from community care | 9 |
| providers including, but not limited to, adult day service | 10 |
| providers, homemaker providers, case coordination and case | 11 |
| management units, emergency home response providers, statewide | 12 |
| trade or labor unions that represent home care
homecare aides | 13 |
| and direct care staff, area agencies on aging, adults over age | 14 |
| 60, membership organizations representing older adults, and | 15 |
| other organizational entities, providers of care, or | 16 |
| individuals with demonstrated interest and expertise in the | 17 |
| field of home and community care as determined by the Director. | 18 |
| Nominations may be presented from any agency or State | 19 |
| association with interest in the program. The Director, or his | 20 |
| or her designee, shall serve as the permanent co-chair of the | 21 |
| advisory committee. One other co-chair shall be nominated and | 22 |
| approved by the members of the committee on an annual basis. | 23 |
| Committee members' terms of appointment shall be for 4 years | 24 |
| with one-quarter of the appointees' terms expiring each year. A | 25 |
| member shall continue to serve until his or her replacement is | 26 |
| named. The Department shall fill vacancies that have a |
|
|
|
HB5703 Engrossed |
- 28 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| remaining term of over one year, and this replacement shall | 2 |
| occur through the annual replacement of expiring terms. The | 3 |
| Director shall designate Department staff to provide technical | 4 |
| assistance and staff support to the committee. Department | 5 |
| representation shall not constitute membership of the | 6 |
| committee. All Committee papers, issues, recommendations, | 7 |
| reports, and meeting memoranda are advisory only. The Director, | 8 |
| or his or her designee, shall make a written report, as | 9 |
| requested by the Committee, regarding issues before the | 10 |
| Committee.
| 11 |
| The Department on Aging and the Department of Human | 12 |
| Services
shall cooperate in the development and submission of | 13 |
| an annual report on
programs and services provided under this | 14 |
| Section. Such joint report
shall be filed with the Governor and | 15 |
| the General Assembly on or before
September 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 such additional copies with the State Government | 23 |
| Report Distribution
Center for the General Assembly as is | 24 |
| required under paragraph (t) of
Section 7 of the State Library | 25 |
| Act.
| 26 |
| Those persons previously found eligible for receiving |
|
|
|
HB5703 Engrossed |
- 29 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| non-institutional
services whose services were discontinued | 2 |
| under the Emergency Budget Act of
Fiscal Year 1992, and who do | 3 |
| not meet the eligibility standards in effect
on or after July | 4 |
| 1, 1992, shall remain ineligible on and after July 1,
1992. | 5 |
| Those persons previously not required to cost-share and who | 6 |
| were
required to cost-share effective March 1, 1992, shall | 7 |
| continue to meet
cost-share requirements on and after July 1, | 8 |
| 1992. Beginning July 1, 1992,
all clients will be required to | 9 |
| meet
eligibility, cost-share, and other requirements and will | 10 |
| have services
discontinued or altered when they fail to meet | 11 |
| these requirements. | 12 |
| For the purposes of this Section, "flexible senior | 13 |
| services" refers to services that require one-time or periodic | 14 |
| expenditures including, but not limited to, respite care, home | 15 |
| modification, assistive technology, housing assistance, and | 16 |
| transportation.
| 17 |
| Notwithstanding any other rulemaking authority that may | 18 |
| exist, neither the Governor nor any agency or agency head under | 19 |
| the jurisdiction of the Governor has any authority to make or | 20 |
| promulgate rules to implement or enforce the provisions of this | 21 |
| amendatory Act of the 95th General Assembly. If, however, the | 22 |
| Governor believes that rules are necessary to implement or | 23 |
| enforce the provisions of this amendatory Act of the 95th | 24 |
| General Assembly, the Governor may suggest rules to the General | 25 |
| Assembly by filing them with the Clerk of the House and | 26 |
| Secretary of the Senate and by requesting that the General |
|
|
|
HB5703 Engrossed |
- 30 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| Assembly authorize such rulemaking by law, enact those | 2 |
| suggested rules into law, or take any other appropriate action | 3 |
| in the General Assembly's discretion. Nothing contained in this | 4 |
| amendatory Act of the 95th General Assembly shall be | 5 |
| interpreted to grant rulemaking authority under any other | 6 |
| Illinois statute where such authority is not otherwise | 7 |
| explicitly given. For the purposes of this amendatory Act of | 8 |
| the 95th General Assembly, "rules" is given the meaning | 9 |
| contained in Section 1-70 of the Illinois Administrative | 10 |
| Procedure Act, and "agency" and "agency head" are given the | 11 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 12 |
| Administrative Procedure Act to the extent that such | 13 |
| definitions apply to agencies or agency heads under the | 14 |
| jurisdiction of the Governor. | 15 |
| (Source: P.A. 94-48, eff. 7-1-05; 94-269, eff. 7-19-05; 94-336, | 16 |
| eff. 7-26-05; 94-954, eff. 6-27-06; 95-298, eff. 8-20-07; | 17 |
| 95-473, eff. 8-27-07; 95-565, eff. 6-1-08; revised 10-30-07.)
| 18 |
| (20 ILCS 105/4.12) | 19 |
| Sec. 4.12. Assistance to nursing home residents. | 20 |
| (a) The Department on Aging shall assist eligible nursing | 21 |
| home residents and their families to select long-term care | 22 |
| options that meet their needs and reflect their preferences. At | 23 |
| any time during the process, the resident or his or her | 24 |
| representative may decline further assistance. | 25 |
| (b) To provide assistance, the Department shall develop a |
|
|
|
HB5703 Engrossed |
- 31 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| program of transition services with follow-up in selected areas | 2 |
| of the State, to be expanded statewide as funding becomes | 3 |
| available. The program shall be developed in consultation with | 4 |
| nursing homes, care coordinators case managers , Area Agencies | 5 |
| on Aging, and others interested in the well-being of frail | 6 |
| elderly Illinois residents. The Department shall establish | 7 |
| administrative rules pursuant to the Illinois Administrative | 8 |
| Procedure Act with respect to resident eligibility, assessment | 9 |
| of the resident's health, cognitive, social, and financial | 10 |
| needs, development of comprehensive service transition plans, | 11 |
| and the level of services that must be available prior to | 12 |
| transition of a resident into the community.
| 13 |
| (c) Notwithstanding any other rulemaking authority that | 14 |
| may exist, neither the Governor nor any agency or agency head | 15 |
| under the jurisdiction of the Governor has any authority to | 16 |
| make or promulgate rules to implement or enforce the provisions | 17 |
| of this amendatory Act of the 95th General Assembly. If, | 18 |
| however, the Governor believes that rules are necessary to | 19 |
| implement or enforce the provisions of this amendatory Act of | 20 |
| the 95th General Assembly, the Governor may suggest rules to | 21 |
| the General Assembly by filing them with the Clerk of the House | 22 |
| and Secretary of the Senate and by requesting that the General | 23 |
| Assembly authorize such rulemaking by law, enact those | 24 |
| suggested rules into law, or take any other appropriate action | 25 |
| in the General Assembly's discretion. Nothing contained in this | 26 |
| amendatory Act of the 95th General Assembly shall be |
|
|
|
HB5703 Engrossed |
- 32 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| interpreted to grant rulemaking authority under any other | 2 |
| Illinois statute where such authority is not otherwise | 3 |
| explicitly given. For the purposes of this amendatory Act of | 4 |
| the 95th General Assembly, "rules" is given the meaning | 5 |
| contained in Section 1-70 of the Illinois Administrative | 6 |
| Procedure Act, and "agency" and "agency head" are given the | 7 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 8 |
| Administrative Procedure Act to the extent that such | 9 |
| definitions apply to agencies or agency heads under the | 10 |
| jurisdiction of the Governor. | 11 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 12 |
| Section 10. The Older Adult Services Act is amended by | 13 |
| changing Section 25 as follows: | 14 |
| (320 ILCS 42/25)
| 15 |
| Sec. 25. Older adult services restructuring. No later than | 16 |
| January 1, 2005, the Department shall commence the process of | 17 |
| restructuring the older adult services delivery system. | 18 |
| Priority shall be given to both the expansion of services and | 19 |
| the development of new services in priority service areas. | 20 |
| Subject to the availability of funding, the restructuring shall | 21 |
| include, but not be limited to, the following:
| 22 |
| (1) Planning. The Department shall develop a plan to | 23 |
| restructure the State's service delivery system for older | 24 |
| adults. The plan shall include a schedule for the |
|
|
|
HB5703 Engrossed |
- 33 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| implementation of the initiatives outlined in this Act and all | 2 |
| other initiatives identified by the participating agencies to | 3 |
| fulfill the purposes of this Act. Financing for older adult | 4 |
| services shall be based on the principle that "money follows | 5 |
| the individual". The plan shall also identify potential | 6 |
| impediments to delivery system restructuring and include any | 7 |
| known regulatory or statutory barriers. | 8 |
| (2) Comprehensive care coordination case management . The | 9 |
| Department shall implement a statewide system of holistic | 10 |
| comprehensive case management. The system shall include the | 11 |
| identification and implementation of a universal, | 12 |
| comprehensive assessment tool to be used statewide to determine | 13 |
| the level of physical, functional, cognitive, psycho-social, | 14 |
| social socialization , and financial needs of older adults. This | 15 |
| tool shall be supported by an electronic intake, assessment, | 16 |
| and care planning system linked to a central location. | 17 |
| "Comprehensive care coordination case management " shall | 18 |
| include activities such includes services and coordination | 19 |
| such as (i) comprehensive assessment of the older adult | 20 |
| (including the physical, functional, cognitive, psycho-social, | 21 |
| and social needs of the individual) ; (ii) development and | 22 |
| implementation of a service plan with the older adult to | 23 |
| mobilize the formal and family resources and services | 24 |
| identified in the assessment to meet the needs of the older | 25 |
| adult, including coordination of the resources and services | 26 |
| with any other plans that exist for various formal services, |
|
|
|
HB5703 Engrossed |
- 34 - |
LRB095 17678 DRJ 43752 b |
|
| 1 |
| such as hospital discharge plans, and with the information and | 2 |
| assistance services; (iii) coordination and monitoring of | 3 |
| formal and informal family service delivery, regardless of the | 4 |
| funding source, including coordination and monitoring to | 5 |
| ensure that services specified in the plan are being provided; | 6 |
| (iv) assistance with completion of applications for services, | 7 |
| referrals to non-government funded services, health promotion, | 8 |
| and ensuring continuity of care across care settings; (v) | 9 |
| periodic reassessment and revision of the status of the older | 10 |
| adult with the older adult or, if necessary, the older adult's | 11 |
| designated representative; and (vi) (v) in accordance with the | 12 |
| wishes of the older adult, advocacy on behalf of the older | 13 |
| adult for needed services or resources. | 14 |
| (3) Coordinated point of entry. The Department shall | 15 |
| implement and publicize a statewide coordinated point of entry | 16 |
| using a uniform name, identity, logo, and toll-free number. | 17 |
| (4) Public web site. The Department shall develop a public | 18 |
| web site that provides links to available services, resources, | 19 |
| and reference materials concerning caregiving, diseases, and | 20 |
| best practices for use by professionals, older adults, and | 21 |
| family caregivers. | 22 |
| (5) Expansion of older adult services. The Department shall | 23 |
| expand older adult services that promote independence and | 24 |
| permit older adults to remain in their own homes and | 25 |
| communities. | 26 |
| (6) Consumer-directed home and community-based services. |
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LRB095 17678 DRJ 43752 b |
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| 1 |
| The Department shall expand the range of service options | 2 |
| available to permit older adults to exercise maximum choice and | 3 |
| control over their care. | 4 |
| (7) Comprehensive delivery system. The Department shall | 5 |
| expand opportunities for older adults to receive services in | 6 |
| systems that integrate acute and chronic care. | 7 |
| (8) Enhanced transition and follow-up services. The | 8 |
| Department shall implement a program of transition from one | 9 |
| residential setting to another and follow-up services, | 10 |
| regardless of residential setting, pursuant to rules with | 11 |
| respect to (i) resident eligibility, (ii) assessment of the | 12 |
| resident's health, cognitive, social, and financial needs, | 13 |
| (iii) development of transition plans, and (iv) the level of | 14 |
| services that must be available before transitioning a resident | 15 |
| from one setting to another. | 16 |
| (9) Family caregiver support. The Department shall develop | 17 |
| strategies for public and private financing of services that | 18 |
| supplement and support family caregivers.
| 19 |
| (10) Quality standards and quality improvement. The | 20 |
| Department shall establish a core set of uniform quality | 21 |
| standards for all providers that focus on outcomes and take | 22 |
| into consideration consumer choice and satisfaction, and the | 23 |
| Department shall require each provider to implement a | 24 |
| continuous quality improvement process to address consumer | 25 |
| issues. The continuous quality improvement process must | 26 |
| benchmark performance, be person-centered and data-driven, and |
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LRB095 17678 DRJ 43752 b |
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| focus on consumer satisfaction.
| 2 |
| (11) Workforce. The Department shall develop strategies to | 3 |
| attract and retain a qualified and stable worker pool, provide | 4 |
| living wages and benefits, and create a work environment that | 5 |
| is conducive to long-term employment and career development. | 6 |
| Resources such as grants, education, and promotion of career | 7 |
| opportunities may be used. | 8 |
| (12) Coordination of services. The Department shall | 9 |
| identify methods to better coordinate service networks to | 10 |
| maximize resources and minimize duplication of services and | 11 |
| ease of application. | 12 |
| (13) Barriers to services. The Department shall identify | 13 |
| barriers to the provision, availability, and accessibility of | 14 |
| services and shall implement a plan to address those barriers. | 15 |
| The plan shall: (i) identify barriers, including but not | 16 |
| limited to, statutory and regulatory complexity, reimbursement | 17 |
| issues, payment issues, and labor force issues; (ii) recommend | 18 |
| changes to State or federal laws or administrative rules or | 19 |
| regulations; (iii) recommend application for federal waivers | 20 |
| to improve efficiency and reduce cost and paperwork; (iv) | 21 |
| develop innovative service delivery models; and (v) recommend | 22 |
| application for federal or private service grants. | 23 |
| (14) Reimbursement and funding. The Department shall | 24 |
| investigate and evaluate costs and payments by defining costs | 25 |
| to implement a uniform, audited provider cost reporting system | 26 |
| to be considered by all Departments in establishing payments. |
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LRB095 17678 DRJ 43752 b |
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| 1 |
| To the extent possible, multiple cost reporting mandates shall | 2 |
| not be imposed. | 3 |
| (15) Medicaid nursing home cost containment and Medicare | 4 |
| utilization. The Department of Healthcare and Family Services | 5 |
| (formerly Department of Public Aid), in collaboration with the | 6 |
| Department on Aging and the Department of Public Health and in | 7 |
| consultation with the Advisory Committee, shall propose a plan | 8 |
| to contain Medicaid nursing home costs and maximize Medicare | 9 |
| utilization. The plan must not impair the ability of an older | 10 |
| adult to choose among available services. The plan shall | 11 |
| include, but not be limited to, (i) techniques to maximize the | 12 |
| use of the most cost-effective services without sacrificing | 13 |
| quality and (ii) methods to identify and serve older adults in | 14 |
| need of minimal services to remain independent, but who are | 15 |
| likely to develop a need for more extensive services in the | 16 |
| absence of those minimal services. | 17 |
| (16) Bed reduction. The Department of Public Health shall | 18 |
| implement a nursing home conversion program to reduce the | 19 |
| number of Medicaid-certified nursing home beds in areas with | 20 |
| excess beds. The Department of Healthcare and Family Services | 21 |
| shall investigate changes to the Medicaid nursing facility | 22 |
| reimbursement system in order to reduce beds. Such changes may | 23 |
| include, but are not limited to, incentive payments that will | 24 |
| enable facilities to adjust to the restructuring and expansion | 25 |
| of services required by the Older Adult Services Act, including | 26 |
| adjustments for the voluntary closure or layaway of nursing |
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LRB095 17678 DRJ 43752 b |
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| 1 |
| home beds certified under Title XIX of the federal Social | 2 |
| Security Act. Any savings shall be reallocated to fund | 3 |
| home-based or community-based older adult services pursuant to | 4 |
| Section 20. | 5 |
| (17) Financing. The Department shall investigate and | 6 |
| evaluate financing options for older adult services and shall | 7 |
| make recommendations in the report required by Section 15 | 8 |
| concerning the feasibility of these financing arrangements. | 9 |
| These arrangements shall include, but are not limited to: | 10 |
| (A) private long-term care insurance coverage for | 11 |
| older adult services; | 12 |
| (B) enhancement of federal long-term care financing | 13 |
| initiatives; | 14 |
| (C) employer benefit programs such as medical savings | 15 |
| accounts for long-term care; | 16 |
| (D) individual and family cost-sharing options; | 17 |
| (E) strategies to reduce reliance on government | 18 |
| programs; | 19 |
| (F) fraudulent asset divestiture and financial | 20 |
| planning prevention; and | 21 |
| (G) methods to supplement and support family and | 22 |
| community caregiving. | 23 |
| (18) Older Adult Services Demonstration Grants. The | 24 |
| Department shall implement a program of demonstration grants | 25 |
| that will assist in the restructuring of the older adult | 26 |
| services delivery system, and shall provide funding for |
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LRB095 17678 DRJ 43752 b |
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| 1 |
| innovative service delivery models and system change and | 2 |
| integration initiatives pursuant to subsection (g) of Section | 3 |
| 20. | 4 |
| (19) Bed need methodology update. For the purposes of | 5 |
| determining areas with excess beds, the Departments shall | 6 |
| provide information and assistance to the Health Facilities | 7 |
| Planning Board to update the Bed Need Methodology for Long-Term | 8 |
| Care to update the assumptions used to establish the | 9 |
| methodology to make them consistent with modern older adult | 10 |
| services.
| 11 |
| (20) Affordable housing. The Departments shall utilize the | 12 |
| recommendations of Illinois' Annual Comprehensive Housing | 13 |
| Plan, as developed by the Affordable Housing Task Force through | 14 |
| the Governor's Executive Order 2003-18, in their efforts to | 15 |
| address the affordable housing needs of older adults.
| 16 |
| The Older Adult Services Advisory Committee shall | 17 |
| investigate innovative and promising practices operating as | 18 |
| demonstration or pilot projects in Illinois and in other | 19 |
| states. The Department on Aging shall provide the Older Adult | 20 |
| Services Advisory Committee with a list of all demonstration or | 21 |
| pilot projects funded by the Department on Aging, including | 22 |
| those specified by rule, law, policy memorandum, or funding | 23 |
| arrangement. The Committee shall work with the Department on | 24 |
| Aging to evaluate the viability of expanding these programs | 25 |
| into other areas of the State.
| 26 |
| Notwithstanding any other rulemaking authority that may |
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HB5703 Engrossed |
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LRB095 17678 DRJ 43752 b |
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| 1 |
| exist, neither the Governor nor any agency or agency head under | 2 |
| the jurisdiction of the Governor has any authority to make or | 3 |
| promulgate rules to implement or enforce the provisions of this | 4 |
| amendatory Act of the 95th General Assembly. If, however, the | 5 |
| Governor believes that rules are necessary to implement or | 6 |
| enforce the provisions of this amendatory Act of the 95th | 7 |
| General Assembly, the Governor may suggest rules to the General | 8 |
| Assembly by filing them with the Clerk of the House and | 9 |
| Secretary of the Senate and by requesting that the General | 10 |
| Assembly authorize such rulemaking by law, enact those | 11 |
| suggested rules into law, or take any other appropriate action | 12 |
| in the General Assembly's discretion. Nothing contained in this | 13 |
| amendatory Act of the 95th General Assembly shall be | 14 |
| interpreted to grant rulemaking authority under any other | 15 |
| Illinois statute where such authority is not otherwise | 16 |
| explicitly given. For the purposes of this amendatory Act of | 17 |
| the 95th General Assembly, "rules" is given the meaning | 18 |
| contained in Section 1-70 of the Illinois Administrative | 19 |
| Procedure Act, and "agency" and "agency head" are given the | 20 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 21 |
| Administrative Procedure Act to the extent that such | 22 |
| definitions apply to agencies or agency heads under the | 23 |
| jurisdiction of the Governor. | 24 |
| (Source: P.A. 93-1031, eff. 8-27-04; 94-236, eff. 7-14-05; | 25 |
| 94-766, eff. 1-1-07.)
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HB5703 Engrossed |
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LRB095 17678 DRJ 43752 b |
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| 1 |
| (320 ILCS 60/Act rep.)
| 2 |
| Section 15. The Community Senior Services and Resources Act | 3 |
| is repealed. | 4 |
| (320 ILCS 65/16 rep.) | 5 |
| Section 20. The Family Caregiver Act is amended by | 6 |
| repealing Section 16. | 7 |
| Section 95. No acceleration or delay. Where this Act makes | 8 |
| changes in a statute that is represented in this Act by text | 9 |
| that is not yet or no longer in effect (for example, a Section | 10 |
| represented by multiple versions), the use of that text does | 11 |
| not accelerate or delay the taking effect of (i) the changes | 12 |
| made by this Act or (ii) provisions derived from any other | 13 |
| Public Act. | 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law. |
|